“In another case, she recommended that the federal government intervene in a case to support religious freedom. The California Supreme Court ruled that a landlord violated a state law prohibiting housing discrimination by refusing to rent an apartment to an unwed couple because she considered sex outside marriage to be a sin.”http://www.nytimes.com/2010/06/12/us/politics/12kagan.html?pagewanted=2&src=me
Kagan’s position here was incorrect. If the case is as the NY Times article describes it, then this was a law of general application (prohibiting housing discrimination against unmarried couples). Providing exemptions from statutes of general application on “freedom of religion” grounds would lead to the absurdity that people can abuse children or engage in human sacrifice because of their need for “religious freedom”. Warren Jeffs would claim that he has a right to sexually abuse children because of his “religious freedom”. http://en.wikipedia.org/wiki/Warren_Jeffs
