Private litigation often ends up striking down unconstitutional limitations on religious freedom, including, of course, in cases that reach the Supreme Court of the United States, as has been discussed in recent columns in this space. See, e.g., Barry Black, “Supreme Court Rules in Favor of Religious Liberty in Two School Cases,” NYLJ (Aug. 25, 2022).

The law, however, offers a number of other avenues that also can be used to protect and enhance religious freedom. Among the most significant are the steps that the federal government can and does take in this area.

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