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May 5, 2022

The Court’s Unanimous Ruling on Religious Liberty Conceals Substantive Divides

Concurring opinions by three justices reflect the many questions that remain.

On Monday, the Supreme Court unanimously ruled that, as the editors of the New York Sun put it, “a Christian group may no longer be excluded from occasionally flying its banner on a municipal flagpole outside Boston’s city hall.” But the majority opinion, written by Justice Stephen Breyer, seems unlikely to be the last word on questions relating to religious expression in public institutions.

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