In 1990, the Supreme Court startled the nation with a decision in Employment Division v. Smith that upended the long-established understanding of the First Amendment’s religious liberty protections. Rather than subjecting all government burdens on religion to strict scrutiny, as had been done in the past, the Court announced that burdens resulting from neutral and generally applicable laws are not barred by the Free Exercise Clause. Religious exercise would be protected only against laws specifically targeting religion. The decision immediately sparked condemnation from civil rights groups across the political spectrum, was rejected by Congress and 32 states, and has been criticized by prominent scholars and at least ten Supreme Court Justices. Recently, Justice Alito, joined by Justices Thomas, Gorsuch, and Kavanaugh suggested that Smith should be “revisited,” noting that it “drastically cut back on the protection provided by the Free Exercise Clause.” George Ricks has spent forty years as a construction worker in Idaho, and in 2014, sought to register as a general contractor so he could run his own business. Ricks, however, has religious objections to using his Social Security number to obtain work, and the State of Idaho—even though it can access his number in other ways—refuses to let him register without providing it himself. After Ricks sued, the Idaho courts applied Smith to deny him relief. Eric Baxter, counsel for Ricks, will discuss the merits and procedural posture of Ricks v. Idaho Contractors Board.
Featuring:
Eric Baxter, Vice President and Senior Counsel, Becket Fund for Religious Liberty

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