Schimbarea la față a libertății religioase în Statele Unite: pe marginea a două hotărâri recente ale Curții Supreme a SUA
The Changing Face of Religious Freedom in the United States: On Two Recent Decisions by the US Supreme Court

Summary/Abstract: The article looks at two recent decisions (Kennedy v. Bremerton School District and Carson v. Makin, both in the summer of 2022) by the Supreme Court of the United States in terms of their impact on the shape and prospects of religious freedom in that country – and beyond. It starts with a theoretical discussion of two broad, idealized viewpoints on religious freedom – as nondiscrimination and as special protection –, the latter of which is identified with the US perspective. It then goes on to provide a summary of the American tradition of religious freedom, as reflected in the political theory of the Founders and subsequently in the development of constitutional case law. This is followed by the article’s two main sections: a presentation of the two cases, and an analysis of their context and implications on the state of religious freedom in the United States. The final, conclusive section discusses the possible impact of the announced changes in US constitutional case law on prospects for religious freedom in Europe, with reference to cases at the European Court of Human Rights.

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