"We're hopeful that the Court will affirm the basic principle that the government cannot punish artists like Jack for refusing to create art that violates his religious convictions," said senior counsel Kristin Waggoner.
In an unsigned opinion, the Supreme Court also ruled on Monday that a travel ban on visitors from six majority-Muslim countries may go into partial effect, as the ban awaits a hearing and full consideration by the high court in October.
The court blocked full implementation of the executive order originally released by President Donald Trump in January, saying that the ban "may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States."
Thus, family members, students and employees from the six designated countries who wish to visit, live or work in the United States will be able to do so. Those who lack such ties to the U.S. will be banned under the executive order.
The order in question bars persons from six majority-Muslim countries – Iran, Libya, Somalia, Sudan, Syria and Yemen – from entering the United States for 90 days, and also requires that refugees wait 120 days before entering the country. The executive order also lowers the number of refugees accepted by the United States in FY 2017 to 50,000 – down from the 110,000 person limit and the 85,000 refugees accepted in actuality during FY 2016.
Initially released January 27, the executive order was then revised on March 6 after judicial challenge. The modified version removed Iraq from the list of countries subject to the ban, and also walked back provisions that would have prioritized refugee admissions for persecuted religious minorities.
The bans were challenged by courts in Maryland and Hawaii, who blocked them from taking effect. Those rulings were later upheld by federal appeals courts in Virginia and California, respectively, on grounds that they violated the Establishment Clause of the U.S. Constitution. The federal government appealed those rulings to the Supreme Court, asking that the stay be lifted and the ban go into effect until arguments are heard before the Supreme Court later this year.
The Supreme Court's decision only removes part of the stay on the administration's executive order, allowing the travel and refugee bans to continue against those with no existing ties to the United States. Many of the plaintiffs in the original cases brought in Hawaii and Maryland had family members, schools or employers based in the U.S.
The executive order has come under harsh criticism by the U.S. Bishops and Catholic refugee experts. Bishop Joe Vasquez of Austin, chair of the U.S. bishops' committee on migration, stated that the bishops were "deeply troubled by the human consequences of the revised executive order on refugee admissions and the travel ban," after the ban's March revision. "The revised Order still leaves many innocent lives at risk," he said.
"The U.S. Catholic Bishops have long recognized the importance of ensuring public safety and would welcome reasonable and necessary steps to accomplish that goal," the bishop said.
"However, based on the knowledge that refugees are already subjected to the most vigorous vetting process of anyone who enters the United States, there is no merit to pausing the refugee resettlement program while considering further improvement to that vetting process."
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Bill O'Keefe, vice president for advocacy and government relations at Catholic Relief Services, echoed many of Bishop Vasquez's sentiments, urging in a March 6 statement that "now is not the time for the world's leader in refugee resettlement to back down."
The U.S. Catholic Bishops Conference runs one of the nation's largest refugee resettlement agencies, helping to resettle more than a quarter of all of the refugees admitted to the United States annually.