The seemingly interminable wait for the Supreme Court’s decision on Fulton v. City of Philadelphia is finally over. In a case about whether Catholic Social Services could continue to take public funding while discriminating against same-sex couples in foster care services, we expected the worst. The Court did indeed rule in favor of Catholic Social Services, unanimously so. But because the Court came short of overturning the precedent of Employment Division v. Smith, many in the secular-progressive policy sphere were relieved.

We did not share their sense of relief.

While it’s debatable as to whether this specific ruling was “the worst” possible, Center for Inquiry Legal Director Nick Little has made clear that it’s still very, very bad, particularly in how it reveals that precedent is immaterial to this Court when it comes to placing religion above the law.

“We know that when the next case goes up, it will simply not matter that Smith has not been reversed,” he writes. “This Court will find a right to discriminate.”