What comes through in these opinions is a recognition that seems to have eluded Scalia in 1990: The law is meant to be a bulwark against the infringement—whether by government or other powerful entities—upon a person’s religious conscience and practices. It is not enough to allow Americans to believe as they wish; they must also be able, generally, to act in conformity with their beliefs.
Accommodations for religious observance are welcome from the legislative or executive branches, but the Framers put freedom of religion in the Bill of Rights to guarantee it. The First Amendment applies to people of all faiths, and shouldn’t depend on political power. What is required is enforcement by jurists sensitive to the needs of religious minorities.
Whether Judge Gorsuch will be confirmed to the Supreme Court remains to be seen. But his record suggests that those who care about religious liberty may want to pray that he gets the chance to rule on it.