Loss of freedom can’t really be measured or compared, directly, I don’t think.
It’s true, there’s no unit of measure. I reckon one can still compare one violation against another, as Robert suggests, but one still needs a standard for doing so.
I think there is an implicit standard used by those who rate economic violations worse. It is something like a “rational man” standard (in the eyes of the person making the judgement). Thus, some types of religion-based violations – drugs and prostitution – can be seen as “a rational person is not losing important values if those are disallowed”. So, while millions might be in jail for drug-dealing, the attitude is: “They had enough rational choices within what is permitted”.
Homosexuality is different. If it is made criminal it is analogous to slavery: i.e. a certain segment of the population is discriminated against seriously, even while other people are free to do the same things prohibited to the persecuted group. However, in the U.S. homosexuality is not criminal, and is increasingly socially-acceptable too. The remnant rights being violated – e.g. not being allowed to enter into a marriage-type contract – are a far cry from being jailed for sodomy. Here too, the trend in the U.S. is toward rights.
Abortion is the one area where the religious right have had continuing intellectual and political success. If a woman is disallowed from having an abortion, that is likely life-altering. I believe this will remain as a serious threat.
The creationists have had some success in some states. If they can succeed, they represent a widespread threat because they attack epistemology and the education. It is not widespread yet. If a kook like Rick Santorum or Rick Perry becomes president they might try pushing it, but it won’t be easy.
Finally, there are issues like prayer-in-school and public-funded religious displays (the ten commandments in a court-house or a Christmas scene in town-hall). In scale, these are smaller. Also, here too, the religious side does keep losing ground – despite this particular court-case – over the longer run.
There’s no doubt that many religious folk want to see far more, but they’d have a hard time getting away with much. Still, SCOTUS judges like Scalia are a dangerous threat because of their decidedly religious and traditionalist approach to legal reasoning. I do hope Ginsburg will retire soon and allow Obama to choose a young replacement, because if the next president is GOP, the SCOTUS could shift toward religion and traditionalism for a long while. The last thing we want is an increasing belief that the U.S. was founded as a Christian nation.
Finally, there is the anti-immigration stance, which is mostly a restriction on economic freedom, but is motivated by both economic-based statism and social/nationalistic/xenophobic statism. Currently, the latter is dominant and denies rights to millions. probably the most widespread human-rights violation of people trying to pursue pretty rational values.
So, that’s a survey of rights-violations from the “religious statists”. Do you think I’ve missed something, or under-played some aspect?
The fact is, give someone the option of not paying any taxes for the rest of their life and there is no amount of drug laws, prostitution laws, or prayers in public meetings that will ever stack up against that opportunity.
That’s a bit of an apples-to-oranges comparison though. Zero tax is a huge step. Turning the tables: would you choose to pay zero taxes if you had to be a fully-functioning and publicly-enthusiastic member of a intensely religious where the songs you sing, the books you read, the pictures you can see, the food you eat, the clothes you can wear, are all strictly governed by a group of priests.
So, instead of asking about zero taxes, I think you should frame your question thus: “would you be willing to see an increase in drug-laws, prostitution laws, or prayers in public school… if you could get a tax-cut in return?” I think the answer is less clear-cut. Consider it another way: would you be willing to pay a little extra tax if it meant most drugs were made legal for most adults?
Further, these things (all the religious/social violations) are tied together and motivated by an underlying philosophy. So, in reality, a loosening or tightening would come across a broad field.
BTW, on the topic of this particular case, the SCOTUS Blog has a typically-good summary here.