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The state of Indiana, along with Becket and other allies, does not make a serious constitutional argument. But it does take a view of religion that rings true to plenty of Americans. Some of those Americans might be judges. One reason that people might not understand liberal Jews, or progressives in general, to be really religious is that they do not know very much about progressive religions. For this reason, a group of historians filed an amicus brief explaining the history of religious belief and activity in support of abortion rights. They attempt to correct the record, showing that progressive religions do in fact exist, have a long history, and are not convenient “cloaks” for political activity. If judges do not know that, then they lack important historical information and context.

The history of American religion is complex and diverse, and few people know much about it. As Sepper notes, “We rarely hear from religious people who choose abortion. Less often still do we encounter religion as a motivating factor in their decisions.” These are stories that need to be told and heard. Learning these histories or understanding Jewish theology will not change everyone’s mind. People can still make their arguments, defining religion or politics as they will, but ignorance should not be an excuse. And over time, a better understanding of American religion in all its diversity could lead to more respect, rights, and protections for religious minorities. However, bigots are not always ignorant. Often, they know exactly what they are doing and who their targets are.

Given the current composition of the courts and recent politics of religious freedom, is free exercise litigation a viable path toward justice and progress? Won’t it just extend the reach of bad laws that are so often used for ill? And what about nonreligious people? Our dignity, self-determination, bodily autonomy, and so much else should not depend on whether we can convincingly play the role of the sincere religious believer. Carving out exceptions to a rule generally does not help dismantle the rule. But what if it is true that, as legal scholar Xiao Wang has put it, “religious free exercise today is our most powerful and effective means of civil disobedience”? First, it shouldn’t be. Second, if it is, then it should be used, as much as possible, toward just ends. In a better world, we wouldn’t need religious freedom. In this one, maybe we do.