Today’s Religion Law Quiz steps into an area that we haven’t yet discussed in the previous 296 Quizzes. We are all familiar with the language of the First Amendment, i.e., “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” But does my right to worship, speak, write and petition also give me the right to freely associate with others?
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Answer: Absolutely! That is the right of association. Here’s what the Supreme Court said earlier this year about that right:
The First Amendment guarantees all Americans the rights to speak, worship, publish, assemble, and petition their government freely. Each of these rights, this Court has “ ‘long understood,’ ” necessarily carries with it “ ‘a corresponding right to associate with others.’ ” Americans for Prosperity Foundation v. Bonta, 594 U.S. 595, 606, 141 S.Ct. 2373, 210 L.Ed.2d 716 (2021) (AFP) (quoting Roberts v. United States Jaycees, 468 U.S. 609, 622, 104 S.Ct. 3244, 82 L.Ed.2d 462 (1984)). Without such a right, no two men could safely share the same soapbox, no two women the same church. The government could reduce any assembly to a party of one, and the right to petition would amount to nothing more than the power to sign one's own name alone. Appreciating all this, we have held that government actions tending to “curtai[l] the freedom to associate” warrant “the closest scrutiny” under the First Amendment. NAACP v. Alabama ex rel. Patterson, 357 U.S. 449, 460–461, 78 S.Ct. 1163, 2 L.Ed.2d 1488 (1958).
We have recognized, too, that associational rights carry special significance for political, social, religious, and other minorities. See id., at 462, 78 S.Ct. 1163; Roberts, 468 U.S. at 622, 104 S.Ct. 3244. With the freedom to associate, minorities can “show their numerical strength,” influence policy, and “stimulate competition” in the marketplace of ideas. 1 A. de Tocqueville, Democracy in America 196–197 (H. Reeve transl., rev. ed. 1900). But take that freedom away and “dissident expression” stands particularly vulnerable to marginalization or outright “suppression by the majority,” leaving all of society poorer for it. Roberts, 468 U.S. at 622, 104 S.Ct. 3244.
First Choice Women's Res. Centers, Inc. v. Davenport, 146 S. Ct. 1114, 1122, 224 L. Ed. 2d 672 (2026)
Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.