PRESS CALL: How Christians get religious freedom wrong— and how to get it right

WASHINGTON – Many Americans feel like their religious freedom is under attack and fear that their beliefs will soon be marginalized as a form of bigotry. Others think these fears are overblown and say Christians should stop complaining about imaginary persecution. In Free to Believe, Luke Goodrich challenges both sides of this debate, offering a fresh perspective on the most controversial religious freedom conflicts today, including battles over gay rights, abortion rights, Islam, and the public square. He argues that threats to religious freedom are real—but they might not be quite what you think.

Join Luke Goodrich for a discussion of the themes of this timely book this morning.

When:

Tuesday, October 22, 2019 at 11 a.m. EST

Call-in: 646-876-9923 | Pin #: 930-944-5568 | or join http://zoom.us/my/comms.line.external
Email questions in advance to media@becketlaw.org.

For more information or to arrange an interview, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Court to doctors: you won’t be forced to perform gender transition procedures

WASHINGTON – A federal court handed down a huge victory today for the conscience rights of medical professionals across the nation. In Franciscan Alliance v. Azar, a federal regulation threatened to drive religious doctors out of practice if they would not perform gender-transition procedures that violate their medical judgment and beliefs, but today’s ruling strikes down the regulation, ensuring that doctors can continue practicing their profession consistent with their conscience.

In 2016, the Department of Health and Human Services issued a regulation, applicable to virtually every doctor in the country, that would have required them to perform gender-transition procedures on any patient referred by a mental health professional, even if the doctor believed the treatment could harm the patient. Doctors who refused to violate their conscience would have faced severe consequences, including losing their job. Today’s ruling that the regulation is unlawful aligns with two previous court decisions, accepted medical research, and a recent HHS proposal, keeping the government out of the private medical decisions of patients.

“It is critically important that doctors are able to continue serving patients in keeping with their consciences and their professional medical judgment, especially when it comes to the personal health choices of families and children,” said Luke Goodrich, vice president and senior counsel at Becket. “Doctors cannot do their jobs if government bureaucrats are trying to force them to perform potentially harmful procedures that violate their medical and moral judgment.”

An association of over 19,000 healthcare professionals, nine states, and several religious organizations filed two lawsuits against the mandate, arguing that it was inconsistent with federal law and force doctors to violate the Hippocratic Oath, which requires doctors to act in the best interest of their patients. In December 2016, two different federal courts ruled that the policy was an unlawful overreach by a federal agency and a violation of conscience rights of medical professionals. In May 2019, HHS released a proposed new rule which would fix the transgender mandate and keep the federal government from interfering in decisions that should remain between doctors and their patients, but the previous rule remained on the books while the proposal was being considered.

“Today marks a major victory for compassion, conscience, and sound medical judgment,” said Goodrich. “Our clients look forward to joyfully continuing to serve all patients, regardless of their sex or gender identity, and continuing to provide top-notch care to transgender patients for everything from cancer to the common cold.”

Today, a Texas judge finalized his previous decision, agreeing with Becket that the mandate burdens religious freedom by forcing doctors of faith to violate deeply held religious beliefs. Becket is currently fighting for the rights of religious doctors in another case called New York v. HHS.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Nuns return to the Supreme Court

WASHINGTON – The Little Sisters of the Poor asked the Supreme Court last night to protect them from the HHS contraceptive mandate again. Over the past three years the Supreme Court has twice protected the Catholic nuns, but the states have dragged them back to court. In Commonwealth of Pennsylvania v. Trump, Pennsylvania Attorney General Josh Shapiro threatened the Little Sisters’ ministry by challenging their religious exemption, forcing the Little Sisters to continue to defend themselves in court. After a loss in the Third Circuit Court of Appeals, the order of Catholic nuns is asking the Supreme Court to end their six year-long legal battle and let them keep their focus on serving the elderly poor.

In May 2016, the Supreme Court unanimously overturned lower court rulings against the Little Sisters and granted them an exemption from the HHS contraceptive mandate, which required the nuns to provide services such as the week-after pill in their health care plans or pay millions of dollars in fines. In 2018, HHS announced a new rule protecting religious non-profits, including the Little Sisters, but several states, including Pennsylvania and California, immediately sued the federal government to take that protection away, forcing the Little Sisters back to court.

“It has been six long years since we began our legal battle against government mandates that threaten our ministry,” said Mother Loraine Marie Maguire of the Little Sisters of the Poor“We hope we have finally reached the end of this arduous process, that the Supreme Court will reaffirm their previous decision, and that we will soon be able to keep our focus on the elderly poor.”

In 2016, the government admitted, before the Supreme Court, that it has ways to get contraceptives to women without forcing the Little Sisters of the Poor to participate. In fact, California and Pennsylvania each have programs for providing contraceptives to women who want them. Yet these States sued to enforce the federal mandate on religious non-profits like the Little Sisters.

“This is a nonsensical political battle that has dragged on six years too long. These states have not been able to identify a single person who would lose contraceptive coverage under the new HHS rule, but they won’t rest until Catholic nuns are forced to pay for contraceptives,” said Mark Rienzi, president of Becket. “It is time for the Supreme Court to finally put this issue to rest.”

U.S. Justice Department supports Archdiocese of Indianapolis in religious freedom case

WASHINGTON – The United States Department of Justice filed a statement of interest on Friday supporting the Archdiocese of Indianapolis’s right to decide what it means to be Catholic without government interference. In Payne-Elliott v. Archdiocese of Indianapolis, a former teacher is suing the Archdiocese after he lost his job at a Catholic high school for entering a same-sex civil union in violation of his employment agreement. The Justice Department’s statement says, “The First Amendment demands that this lawsuit be dismissed.”

All teachers in the Archdiocese’s schools agree to uphold the teachings of the Catholic Church in both their professional and private lives. In 2017, Joshua Payne-Elliott, who taught at Cathedral Catholic High School in Indianapolis, entered a same-sex civil union in violation of both his employment agreement and centuries of Catholic teaching. After two years of discernment and dialogue, the Archdiocese of Indianapolis informed the school that if it wanted to remain affiliated with the Catholic Church, it needed to require that its teachers not live in defiance of Church teaching. Cathedral then separated from Mr. Payne-Elliott, who sued the Archdiocese, alleging that the Archdiocese illegally interfered with his agreement.

“If the First Amendment means anything, it means the government can’t punish the Catholic Church for saying who is Catholic,” said Luke Goodrich, vice president and senior counsel at Becket, which is representing the Archdiocese. “This lawsuit fails on so many levels; we’re glad to see the Department of Justice weighing in.”

It is relatively rare for the Department of Justice to file a statement of interest in state court. The Department tends to file statements of interest only when a violation of federal law is particularly clear or significant. Mr. Payne-Elliott’s lawsuit was filed on July 10 in Marion Superior Court in Indianapolis. The Archdiocese has asked for the lawsuit to be dismissed, and a decision is expected in the coming weeks.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

UIowa officials personally liable for religious discrimination

WASHINGTON – A vice president and other officers at the University of Iowa must pay out of their own pockets for discriminating against a religious student group. In InterVarsity v. University of Iowa, a federal court ruled that the University and its officers violated the law when they kicked InterVarsity off campus for asking its leaders to be Christian. A dozen other religious groups—including Sikhs, Muslims, and Latter-day Saints—were also kicked off campus for requiring their leaders to share their faith. But all secular groups and a few religious groups favored by the University got a pass. In a ruling last Friday, the court held that this discrimination was so egregious that the officers involved would be personally accountable for any money InterVarsity lost fighting to stay on campus. The court left open the possibility that the University’s president, Bruce Harreld, could also be found liable.

InterVarsity has been at the University for over 25 years. It welcomes all students as members, and only requires the students who lead its ministry to affirm its faith. In the past, the University has honored InterVarsity for its contributions to campus life. But in June 2018, the University claimed that, by requiring leaders to affirm their faith, InterVarsity was violating the University’s nondiscrimination policy. The University then limited InterVarsity’s access to campus, froze its bank account, shut down its website, and advertised that it was “defunct” for lack of student interest. As a result, InterVarsity suffered its sharpest membership decline in over twenty years. Friday’s ruling confirmed that the University’s actions violated the Constitution and ordered the University to respect InterVarsity’s right to select religious leaders going forward.

“We must have leaders who share our faith,” said Greg Jao, Director of External Relations at InterVarsity Christian Fellowship/USA. “No group—religious or secular—could survive with leaders who reject its values. We’re grateful the court has stopped the University’s religious discrimination, and we look forward to continuing our ministry on campus for years to come.”

InterVarsity USA is on 772 campuses nationwide. Its University of Iowa chapter hosts weekly Bible studies and monthly meetings for prayer, worship, and religious discussions on current issues. In upholding the group’s right to be on campus, the court noted that, just last January—in the related case of BLinC v. University of Iowa—it already warned the University against enforcing its policy unevenly. The court stated it “would never have expected the University to respond to that order by homing in on religious groups[]” like InterVarsity, while “carving out explicit exemptions for other groups. But here we are.” The court did “not know how a reasonable person could have concluded this was acceptable,” since it “plainly” doubled down on the exact same conduct the court had already held unlawful. In a hearing last week, the court described the University’s conduct as “ludicrous” and “incredibly baffling.”

“It’s too bad it took twice for the University to learn its lesson,” said Daniel Blomberg, senior counsel at Becket. “There was no excuse the first time for squashing students’ First Amendment rights. University officials nationwide should now take note that religious discrimination will hit them in the pocketbook.”

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Foster families win big in Michigan court

WASHINGTON – St. Vincent Catholic Charities, along with Chad and Melissa Buck, parents of five children with special needs, won a major victory for the adoption agency and the families and children it serves.  In Buck v. Gordon, St. Vincent joined the Bucks and Shamber Flore, a former foster child, in fighting the Attorney General of Michigan’s attempt to shut down faith-based foster and adoption agencies. The federal court ruled that “the State’s real goal is not to promote non-discriminatory child placements, but to stamp out St. Vincent’s religious belief and replace it with the State’s own.” Today’s ruling ensures that faith-based agencies can continue working with the State to find more homes for foster children.

Melissa and Chad adopted their five children through St. Vincent Catholic Charities, one of the State’s most successful agencies. Shamber Flore was adopted into a loving family thanks to St. Vincent. In 2017, St. Vincent recruited more new adoptive families than nearly 90 percent of the other agencies in its service area, but despite their success, they were targeted by the Attorney General of Michigan simply because of their beliefs about same-sex marriage.

“St. Vincent has been with us every step of our journey: answering every phone call, coming with us to doctor’s appointments, even bringing us food, as we strive to give our five beautiful children the best future they can have,” said Melissa Buck. “St. Vincent brought our family together, and I’m happy to know they can keep doing their great work helping children find homes.”

There are currently 13,000 children in Michigan’s foster system, and faith-based agencies like St. Vincent have a proven record of effectively uniting vulnerable children—sibling groups, older children, and children with special needs—with loving families. That is why for over 70 years the State of Michigan has relied on St. Vincent to recruit and support foster and adoptive families.

In 2019, Michigan enacted a new policy which threatened the State’s contracts with faith-based foster care and adoption agencies, claiming that the policy was necessary to protect same-sex couples. But no one has ever been prevented from fostering or adopting because of St. Vincent’s beliefs, and St. Vincent will help any couples it cannot partner with to find another agency that can. Same-sex couples who had their paperwork done by another agency have even adopted children in the care of St. Vincent’s foster families in the past. The court emphasized these facts in today’s decision, determining that the State’s new policy would actually mean fewer homes for kids.

“Our nation is facing a foster care crisis, and we are so glad that Michigan’s foster children will continue having all hands on deck to help them find loving forever homes,” said Lori Windham, senior counsel at Becket. “The Bucks and St. Vincent Catholic Charities won a victory in Michigan, but there is still work to be done to ensure that faith-based agencies can contribute to ending our nation’s foster care crisis.”

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Court allows discrimination case against Wayne State to go forward

WASHINGTON – A Christian student group won a battle against an anti-religious university policy today when a Michigan federal court ruled that the group’s case against Wayne State University should continue. In InterVarsity Christian Fellowship v. Wayne State University, Wayne State University’s administration abruptly kicked a 75-year-old Christian student organization off campus, just because the group asks its leaders to embrace its faith. After InterVarsity sued, Wayne State quickly reinstated the student group and sought to have the lawsuit dismissed, even while it still claimed the right to exclude religious groups from campus. Today the court ruled that InterVarsity’s lawsuit must be allowed to go forward.

In the fall of 2017, InterVarsity’s student organization status was revoked, and all their meetings cancelled, because Wayne State claimed the group’s requirement that its leaders be Christian was discriminatory. Wayne State already allows dozens of groups to have requirements for membership and leadership positions: As Judge Cleland pointed out in his opinion, the University admitted that both Greek groups and sports clubs can limit members or leaders to a single gender. With Becket’s help, InterVarsity went to court challenging the university’s discriminatory actions.

“We’re pleased that the court is allowing our case to go forward,” said Greg Jao, Director of External Relations at InterVarsity Christian Fellowship/USA. “InterVarsity just wants to continue serving the campus and local community. All religious students should have the right to come together for worship and service according to their religious identity without being targeted for their faith.”

InterVarsity Christian Fellowship is a national organization of Christian college students with over 1,100 chapters in schools throughout the country. At Wayne State, InterVarsity provides a place for Christian students to gather together and practice their faith through Bible studies, worship opportunities and service projects. InterVarsity welcomes all students as members, and anyone is welcome to participate in its activities.

“Christian students have the constitutional right to run their group according to their mission and identity, just as athletes and fraternity members do, without being targeted for their beliefs,” said Lori Windham, senior counsel at Becket.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Press call: A potentially blockbuster Supreme Court term for religious liberty

Join the nation’s religious freedom experts to discuss the religious liberty cases the Supreme Court is hearing this term and the opportunities the Court will have to revisit landmark precedents, clear up longstanding confusion over the Religion Clauses and address the constitutionality of religious exemptions.

On the call we will discuss the themes for the upcoming term, cases being heard this term and preview petitions currently pending before the Court. We will take questions at the end of the call.

For more information about the agenda click here.

When:
Tuesday, Sept.17, 2019
11 a.m. EST

Call-in:
646-876-9923 (pin: 930-944-5568) or join https://zoom.us/my/comms.line.external. Email questions in advance to: media@becketlaw.org.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Court tells Texas school to stop bullying boys for their faith

WASHINGTON – A Texas family won a major victory today in their quest to let their boys join extracurricular sports and clubs while keeping a strand of hair uncut and braided as a sign of faith. In Gonzales v. Mathis Independent School District, brothers Cesar and Diego Gonzales have been barred for the past two years from playing on their school’s football team or participating in academic clubs because of a religious promise they have kept since birth. Today’s federal court decision grants the family’s request for a religious accommodation allowing participation in extracurriculars while the case proceeds.

Since 2017, the Gonzales brothers have been barred from all University Interscholastic League (UIL) interschool competition in sports and clubs at Mathis Middle School, including playing football and joining the art and computer programing clubs. Last month, the Gonzales family urged a Texas federal court to put an end to the school district’s religious discrimination and allow the brothers to keep their lifelong promise to God.

“After two years of needless bullying of students of faith, it’s now clear that the school district is breaking the law,” said Montserrat Alvarado, vice president and executive director at Becket. “Mathis Independent School District should stop this foolish fight and do the right thing.”

Cesar and Diego Gonzales leave a small part of their hair uncut and braided, a religious promise known as a promesa they have kept since infancy. Although the school’s dress code forbids male students from having hair past the collar, the school district granted an exemption to the boys from kindergarten through sixth grade, and they participated in school activities with no problem. But when they entered seventh grade in 2017 at Mathis Middle School, Cesar and Diego Gonzales were told that their religious practice would no longer be accommodated. They are now freshmen at Mathis High School.

“It is unacceptable to keep children from doing what they love because of their religious beliefs,” said Alvarado. “Mathis ISD should follow the law and respect these students’ religious beliefs.”

The court invited the parties to submit additional evidence and briefing on September 10 and said that it will issue a more “detailed order” soon. The Gonzales family is represented by Texas attorney Frank Gonzales and Jamie Aycock, Kenneth Young, and Kelsee Foote of the international law firm Kirkland & Ellis.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Facing suit, high-school sports regulator drops religious exclusion rule

WASHINGTON – In a common-sense win for religious minorities yesterday, the Washington Interscholastic Activities Association (WIAA) changed a rule that would have barred high-school tennis star Joseph Chung from participating in any postseason competition this fall. In Chung v. WIAA, Becket is representing Joseph and his older sister, Joelle, a Seventh-day Adventist who was disqualified from Washington state tennis postseason competition last season because the last day of the championship tournament fell on a Saturday, their faith’s Sabbath.

WIAA rules formerly required all participants to certify that they would be able to participate in each level of the tournament to qualify for the championships, with exceptions for injury, illness or unforeseen events, but not for sincerely held religious beliefs. This meant that if even one day of the postseason were scheduled to conflict with the Sabbath, Saturday Sabbath observers would be barred from participating in every day of the postseason, even for games or matches that presented no conflict at all. That is what happened to Joelle last year, who was excluded from postseason play in her senior year after having never faced a conflict between a regular season match and the Sabbath in her entire four-year career.

Under the amended rules, religious observance has been added to the list of exceptions allowing a player to withdraw from competition without being penalized. However, the rule change is only a partial victory because the WIAA continues to insist that it cannot adjust the schedule of the 2020 championship, even if one of the remaining contenders has a Sabbath conflict.

“No student-athlete should be kept on the sidelines because he has the ‘wrong’ faith,” said Joe Davis, counsel at Becket. “It’s a step in the right direction that Joseph is now able to play in postseason, but we will continue fighting for a solution that will ensure that Sabbath observers can compete all the way through the state championships on the same terms as all other student-athletes.”

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Texas brothers ask court to end public school discrimination

WASHINGTON – A Catholic family in Texas asked a federal court Monday to allow their boys to join sports and other after-school activities while keeping a strand of their hair uncut and braided as a sign of their faith. In Gonzales v. Mathis Independent School District, the court will decide if the Mathis Independent School District can discriminate against brothers Cesar and Diego Gonzales because of a religious promise they have kept since infancy.

For two years, the Gonzales brothers have been barred from all University Interscholastic Leave (UIL) interschool competition in sports and clubs at Mathis Middle School, including playing football and joining the art and computer programing clubs. The family is now asking a Texas federal court to allow the brothers to keep their religious promise to God while participating in their school’s extracurricular activities as freshmen at Mathis High School.

“This school district’s senseless religious discrimination has gone on long enough, and we fully expect the court to allow the Gonzales brothers to participate in the after-school activities they love,” said Montse Alvarado, VP and executive director of Becket. “Cesar and Diego should have a chance to play and learn alongside their friends and classmates without having to give up a central part of their religious identity.”

Since birth, Cesar and Diego Gonzales have kept a small strand of hair uncut and braided as a sacred religious promise to God. Although their school’s dress code forbids male students from having hair past the collar, the school district granted an exemption to the boys from kindergarten through sixth grade. However, when they entered seventh grade in the fall of 2017, Cesar and Diego were surprised to find out that their religious practice would no longer be accommodated and were suddenly banned from all UIL activities.

“In a diverse society like ours there is no reason for young students to be bullied and excluded for practicing their faith,” said Alvarado. “The law does not tolerate this kind of blatant suppression of students’ religious expression.”

On July 15, 2019, Becket sent a letter urging the school district to settle the case and give the boys a religious exemption. The school district refused. Now, the federal court will decide whether the boys will be allowed to participate in extracurriculars this school year. The Gonzales family is represented by Texas attorney Frank Gonzales and Jamie Aycock, Kenneth Young, and Kelsee Foote of the international law firm Kirkland & Ellis.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

10 states and 44 members of Congress back foster kids at Supreme Court

WASHINGTON Ten states and 44 members of Congress urged the Supreme Court yesterday to hear Fulton v. City of Philadelphia, a case brought by two Philly foster mothers challenging the City of Philadelphia’s harmful actions which threaten the future of the faith-based foster agency that brought their families together. Texas, Ohio, and Oklahoma, among other states, joined a friend-of-the-court brief agreeing with Becket that faith-based foster agencies play a vital role in addressing the national foster crisis that has become even more urgent in light of today’s opioid epidemic.

Sharonell Fulton and Toni Simms-Busch are Philadelphia foster mothers standing with Catholic Social Services (CSS) and all foster children in need of homes. Sharonell has fostered more than 40 children over 25 years. Toni is a former social worker who fostered two young brothers through Catholic Social Services and has now adopted them. In July, Becket asked the Supreme Court to hear Sharonell and Toni’s case and prevent vulnerable foster children from losing out on the opportunity to be placed in a loving home.

Ten states argued that “[W]orking with a diverse coalition of child-placing agencies provides better services to children in foster care and the potential parents eager to care for them,” and asked the Supreme Court to take the case to protect their ability to work with diverse agencies, including faith-based agencies.

Forty-four members of Congress urged the Court to take the case because “Religiously motivated providers and parents have played a critical role in filling this need for centuries from coast to coast, and to drive them out ignores the critical need and the grave harm to children that would be caused by their loss.”

Last year, Philadelphia put out a call for 300 more foster families to care for the growing number of children in need. Just days later, the city stopped placing children in homes certified and overseen by CSS solely because the city disagreed with the agency’s religious beliefs on marriage. Worse still, the city took these actions even though not a single same-sex couple had ever come to CSS seeking to foster. Without new referrals, the number of children in homes certified and cared for by CSS has dwindled, leaving foster families’ homes empty and forcing CSS to reduce their staff. The only way CSS can care for foster children is through a contract and license with the city. If the city cuts ties with CSS, the agency will soon be forced to close its 100-year-old foster care ministry.

“The foster care system relies on agencies that reflect the diversity of our communities,” said Lori Windham, senior counsel at Becket. “That’s why it is so important to have faith-based agencies working alongside agencies that cater to ethnic and racial minorities, children with disabilities, and LGBT families.”

The court is expected to decide whether to take the case sometime this fall. Becket is defending another faith-based foster agency from government discrimination in Michigan in Buck v. Gordon.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Michigan adoptive family back in court

WASHINGTON – The parents of five children with special needs will be in court today to challenge a Michigan state policy threatening the faith-based adoption agency that brought their family together. In Buck v. Gordon, Melissa and Chad Buck, former foster child Shamber Flore, and St. Vincent Catholic Charities are challenging a new policy enacted by Michigan’s Attorney General Dana Nessel that is threatening to shut down faith-based agencies like St. Vincent across the State. St. Vincent specializes in serving a diverse community and has been ministering to foster children and their families for over 70 years. Unless the court protects St. Vincent from the State’s harmful policy by September 30, the agency will be excluded from the state adoption system, Melissa and Chad will be left without crucial support, and many of Michigan’s thousands of foster children will be less likely to find forever homes (watch video here).

What:
Oral Argument in Buck v. Gordon

Who:
Lori Windham, senior counsel at Becket
Melissa Buck

When:
Thursday, August 22, 2019, at 2:00 p.m. EST

Where:
U.S. District Court for the Western District of Michigan
110 Michigan St., NW, Grand Rapids, Michigan 49503

Senior Counsel Lori Windham and Melissa Buck will be available for comment immediately following the hearing.

For more information or to arrange an interview, contact Ryan Colby atmedia@becketlaw.orgor 202-349-7219.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

 

Penn. court: Don’t toss county seal cross

WASHINGTON, D.C. – Lehigh County, Pennsylvania, is free to continue honoring its history and culture with its 70-year-old seal, including an image of a Latin cross. In FFRF v. Lehigh County, a federal appellate court today rejected an attempt by the Wisconsin-based atheist group Freedom From Religion Foundation to censor the image of a cross from Lehigh County’s historic seal. The U.S. Court of Appeals for the Third Circuit in Philadelphia ruled 3-0 that after the Supreme Court upheld the Bladensburg Cross war memorial as a historic monument, Lehigh County can maintain its seal as a symbol that “has become part of the community.”

Lehigh County’s seal, which has been in use for over 70 years without any complaints, features a cross representing the county’s early German settlers who fled persecution in their homeland seeking religious freedom in America. The seal also features over a dozen other images – such as grain silos, textiles, the Liberty Bell, and a red heart – representing important aspects of the county’s rich history and culture. Becket represented Lehigh County, arguing that the Constitution allows communities to maintain religious symbols in the public square in recognition of the significant role of religion in our history and culture.

“It is common sense that religion played a role in the lives of our nation’s early settlers. Recognizing that is just as constitutional as honoring symbols like the Liberty Bell,’” said Diana Verm, senior counsel at Becket. “It is only right that Lehigh County can continue honoring its history and culture.”

Images of historic significance are common on the seals and flags of states, counties, and towns across America. But in 2016, FFRF sued trying to censor the cross from Lehigh County’s seal. In September 2017, a federal judge ruled in FFRF’s favor, following a Supreme Court case, Lemon v. Kurtzman, which requires courts to guess whether the government is trying to “endorse” religion whenever it mentions God or religion (What is the Lemon Test? Watch this short video).

Becket argues that judges must apply the actual text and historical meaning of the First Amendment. The Supreme Court has since moved away from the so-called Lemon test, ruling that religious symbols in government and in the public square that were acceptable at our nation’s founding are still acceptable today. The court today followed that precedent. Becket has also defended a World War II religious memorial in a Montana ski resort, a 9/11 Ground Zero cross artifact, and a historic Pensacola park cross monument, among others.

“This decision is another nail in the coffin of the Lemon test, making room for our nation’s founding principle that religion is not a blight to be scrubbed from the public square, especially when it represents our history,” said Verm.

For more information or to arrange an interview with a Becket attorney, please contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

No love for the Sabbath: High school tennis star nixed from tournament over faith

WASHINGTON – Two siblings and star high-school tennis players are going to court to defend their right to compete in the state championships while keeping their Sabbath day. In Chung v. WIAA, Joelle Chung was barred from competing in the Washington state tennis postseason tournament because the championships fell on a Saturday, her faith’s Sabbath. Becket argues that no student-athlete should be kept on the sidelines for their faith when accommodations are possible and is asking that the rule that kept Joelle from competing be changed so that her brother Joseph can participate in the state championships this fall.

As faithful Seventh-day Adventists, the Chung family observes the Sabbath by devoting time for rest and worship every week from Friday at sundown to Saturday at sundown. In 2019, her senior season, Joelle was undefeated and expected to win in the qualifying tournaments and advance to the state championships. But the Washington Interscholastic Activities Association (WIAA) scheduled the state championships for Saturday, her Sabbath. This meant that, according to WIAA rules, she was disqualified from participating at all in the postseason, even though the only conflict between the Sabbath and the tournament would have been the very last day.

“As a senior, it was hard giving everything I had to support my team all season, only to be forced to sit out the entire postseason simply because of my faith,” said Joelle Chung. “I’ll never get the chance to play for a state championship again, but hopefully this case will protect other Seventh-day Adventists like my brother from having to choose between sports and their faith.”

Each year the WIAA holds a statewide postseason tennis tournament. According to WIAA rules, all participants must certify that they will be able to participate in each level of the tournament to qualify for the championships, with exceptions for injury, illness or unforeseen events. Hoping to make a compromise, the Chungs asked the WIAA to move the state championships to a weekday or simply allow Joelle to participate in the qualifying tournaments and use an alternate for the championships, just like athletes with injuries or illness can. The WIAA flatly denied their requests, forcing the Chung siblings to court.

“No student-athlete should be kept from competition because of their faith,” said Joe Davis, counsel at Becket. “The WIAA’s rule hurts religious minorities and students of many faiths who honor the longstanding practice of keeping the Sabbath.”

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Philly foster mothers ask Supreme Court to protect foster kids

WASHINGTON  Sharonell Fulton and Toni Simms-BuschPhiladelphia foster mothers standing up for faith-based foster agencies and all foster children in need of homes, asked the Supreme Court yesterday to hear their caseIn Fulton v. Philadelphia, the City of Philadelphia is threatening to close one of its most successful foster care agencies because it disagrees with their religious views on marriage—and foster kids are paying the price. 

Catholic Social Services has been serving the foster children of Philadelphia and their families since 1917, long before the city got involved. Ms. Fulton was a longtime foster parent who fostered more than 40 children with the help of Catholic Social Services, and Ms. Simms-Busch is a former social worker in the foster care system who recently decided to become a foster and adoptive parent herself. After two federal courts ruled against them, Ms. Fulton, Ms. Simms-Busch, and Catholic Social Services are now turning to the Supreme Court to protect the agency that has brought so many families together.

“As a social worker I evaluated the quality of care provided by all of the foster agencies in Philadelphia. When I decided to become a foster parent myself, I chose to go through the agency that I trusted the most,” said Ms. Simms-Busch. “The consistency, integrity, and compassion of Catholic Social Services has made all the difference in my journey through the foster care process.”

In March 2018, the city put out a call for 300 new families to help support the growing number of Philly foster children, a need caused in part by the opioid crisis. Just days later Philadelphia stopped allowing children to be placed in the homes of families who work with Catholic Social Services, all because of the agency’s beliefs on same-sex marriage. The City did this even though the agency had not had a single complaint filed against it and had never been approached by a same-sex couple hoping to foster.

“As the City of Philadelphia attempts to shamelessly score political points, dozens of beds remain empty and children are suffering the consequences,” said Lori Windham, senior counsel at Becket. “It’s time for the Supreme Court to weigh in and allow faith-based agencies to continue doing what they do best: giving vulnerable children loving homes.” 

On April 22, 2019, the Court of Appeals for the Third Circuit ruled against Catholic Social Services. Becket has asked the Supreme Court to hear the foster mothers’ case 

Becket advierte a escuela en Texas: Alto al bullying de niños por su fe

WASHINGTON – Una familia católica en Texas está demandando a su distrito escolar para que permita a sus hijos participar en actividades deportivas y extracurriculares sin que tengan que cortarse un pequeño mechón de pelo trenzado como parte de una promesa a Dios.  En una carta enviada a la escuela Mathis Independent School Board el día de hoy, Becket advirtió a la escuela que “perderá cientos de miles de dólares si no respeta los derechos de estos estudiantes” y le dio a la escuela hasta el 12 de agosto, cuando empiezan las actividades escolares, como plazo para que resuelva el caso.

En 2017, cuando Cesar y Diego Gonzales entraron a séptimo grado en la escuela Mathis Middle School en Texas, se les dijo que tenían que cortase su mechón de pelo. Este mechón es parte de una promesa religiosa que los niños han cumplido desde que nacieron. Y por esa promesa religiosa se les excluyó de todas las competencias inter escolares de la liga University Interscholastic League (UIL) tanto deportivas como de clubes. Desde hace dos años a Cesar no se le permite jugar en el equipo de football y a Diego se le prohíbe ser parte del consejo estudiantil y de los clubes de arte y de programación de computadoras. Los entrenadores de la escuela le dijeron a Cesar: “Lo único que necesitas para tener tu equipo de football es una cortadita con las tijeras”.

“La promesa religiosa de dejarse crecer un mechón de pelo no debería ser causa para que una escuela le impida a los niños hacer touchdowns o participar en el consejo estudiantil”, dijo Montse Alvarado, directora ejecutiva de Becket. “La directiva de la escuela debería dar a estos niños la oportunidad de participar activamente en los clubes y actividades que elijan, no únicamente porque no ganarían este caso en la corte, sino porque lo correcto es permitirles participar”.

Cuando Cesar era bebé contrajo una grave enfermedad, y Pedro y Belen Gonzales hicieron una promesa a Dios de dejarle un mechón de su pelo sin cortar para que sanara.  Desde entonces, la familia ha mantenido esta práctica religiosa personal y sus hijos la han adoptado también como suya. Y a pesar de que el código de vestir de la escuela prohíbe que los estudiantes varones se dejen crecer el pelo más allá de la altura del cuello de la camisa, el distrito escolar aprobó una exención de este requisito para los niños de kínder a sexto grado, y pudieron participar sin problema en las actividades escolares. La asociación de consejos de escuelas en Texas, The Texas Association of School Boards, dictamina que los distritos escolares “deben tomar en consideración las peticiones de exención [del código de vestir] provenientes de una sincera creencia religiosa del estudiante o de sus padres.” Pero al empezar el séptimo grado, se les prohibió participar en todas la competencias deportivas y clubes de la UIL.

“En la época en que vivimos, las escuelas deben abrir sus puertas y recibir a los estudiantes de distintas creencias”, dijo Alvarado. “Pero estos niños están siendo traumatizados innecesariamente y son el blanco de los mismos profesores que tienen el deber de protegerlos de este tipo de bullying”.

La carta de Becket le informa al distrito que, si no llegan a una resolución con la familia Gonzales para el 12 de agosto, Becket esta preparado para intervenir y defender el derecho de Cesar y de Diego de aprender y jugar al igual que sus compañeros de clase. La familia Gonzales esta siendo representada por el abogado Frank Rey Gonzales de Corpus Christi, Texas.

Para obtener más información o para concertar una entrevista con un abogado de Becket, favor de contactar a Ryan Colby en media@becketlaw.org o 202-349-7219. Las entrevistas se pueden hacer en inglés, chino, francés, alemán, portugués, ruso y español. 

Becket to Texas School: Stop bullying boys for their faith

WASHINGTON – A Catholic family in Texas is suing their school district to allow their children to participate in sports and other afterschool activities while keeping a small strand of their hair uncut and braided as a promise to God. In a letter sent to Mathis Independent School Board today, Becket warned the school that it “will lose hundreds of thousands of dollars if it does not respect these students’ rights” and gave the school until August 12—when the children will start missing afterschool activities again—to settle the case.

When they entered seventh grade in 2017 at Mathis Middle School, in Texas, Cesar and Diego Gonzales were told that they would no longer be allowed to leave a small part of their hair uncut, a religious promise they have kept since infancy. Because of their religious promise the boys were banned from all University Interscholastic League (UIL) interschool competition in sports and clubs. Cesar has been banned for two years from playing on the football team and Diego has been forbidden from off-campus trips with the student council and the art and computer programming clubs. The school’s coaching staff told Cesar, “All it takes is a quick snip of the scissors for you to get your football equipment.”

“A religious promise to keep a small strand of uncut hair shouldn’t ban school children from catching touchdowns or participating in student council meetings,” said Montse Alvarado, executive director of Becket. “The school board should give these boys a chance to be active in the sports and clubs they love—not only because the school would lose miserably in court, but because it is the right thing to do.”

When Cesar was an infant, he contracted a serious illness, and Pedro and Belen Gonzales made a promise to God never to cut a small strand of their son’s hair if he was healed. The family has kept this deeply personal religious promise ever since, and their sons have adopted the religious promise as their own. Although the school’s dress code forbids male students from having hair past the collar, the school district granted an exemption to the boys from kindergarten through sixth grade, and they participated in school activities with no problem. The Texas Association of School Boards also instructs school districts that they “must accommodate requests for exceptions [from grooming codes] based on a student or parent’s sincerely held religious belief.” But starting in seventh grade, they have been banned from all University Interscholastic League (UIL) interschool competition in sports and clubs.

“In this day and age, a school should be warm and welcoming toward students of diverse beliefs,” said Alvarado. “But instead these boys have been needlessly traumatized and targeted by the very teachers who should protect them from this kind of bullying.”

The letter informed the school district that if they do not reach a settlement with the Gonzales family by August 12, Becket is prepared to intervene and defend Cesar and Diego’s right to learn and play alongside their classmates. The Gonzales family is represented by attorney Frank Rey Gonzales of Corpus Christi, Texas.

Christian student group asks court for equality with Quidditch Club

WASHINGTON – A Christian student group asked a federal court today to rule that public universities must treat religious student groups equally with other campus groups. In InterVarsity Christian Fellowship v. Wayne State University, InterVarsity had its 75-year-old student organization status suddenly revoked by Wayne State University’s administration because the Christian student group asks its leaders to embrace its faith. But other student groups, such as the Quidditch Club, are allowed to select leaders and members based on the groups’ missions. InterVarsity is seeking equal treatment with those groups.

InterVarsity’s Wayne State chapter is one of over 400 student organizations at the university, which allows dozens of groups to have requirements for membership and leadership positions. The Secular Student Alliance can require their leaders to be secularists, Students for Life can require their leaders to be pro-life, and both Greek groups and sports clubs (like the Quidditch Club) can limit members or leaders to a single gender. But in the fall of 2017, after 75 years of serving the campus community, InterVarsity’s student organization status was revoked, all their meetings were cancelled and they were scrubbed from the school’s website because they require their leaders to be Christian. According to Wayne State, InterVarsity’s common-sense leadership policy was suddenly “discriminatory.” In court today, Becket argued that Wayne State’s actions were unfair and unconstitutional.

“InterVarsity seeks to serve Wayne State University, its students and faculty, and the local community,” said Greg Jao, Director of External Relations at InterVarsity Christian Fellowship/USA. “We invite the university to embrace a common-sense understanding of its nondiscrimination policy. The policy should protect, rather than penalize, religious groups that seek to retain their religious identity on campus.”

InterVarsity Christian Fellowship is a national organization of Christian college students with over 1,100 chapters in schools throughout the country. At Wayne State, InterVarsity provides a place for Christian students to gather together and practice their faith through Bible studies, worship opportunities and service projects. InterVarsity welcomes all students as members, and anyone is welcome to participate in its activities.

With Becket’s help, InterVarsity took Wayne State to court to defend its right to select leaders who share the group’s beliefs and mission, just like other student groups on campus. After the lawsuit was filed, Wayne State temporarily relented, but still argued that InterVarsity was discriminating in violation of the law and could be kicked off at any time.

“If the Campus Democrats can pick progressive leaders, and Sigma Pi can require their members to be only men, Wayne State should have known they were asking for a fight by denying InterVarsity the same treatment,” said Lori Windham, senior counsel at Becket. “There is no excuse for the blatant religious targeting that these students have faced.”

The court is expected to issue a decision in this case in the fall.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

TODAY: Christian student group to ask court for equal treatment

WASHINGTON A Christian student group will ask a federal court today to rule that public universities must treat religious student groups equally with other campus groups. In InterVarsity Christian Fellowship v. Wayne State University, InterVarsity had its 75-year-old student organization status suddenly revoked by Wayne State University because the Christian student group asks its leaders to embrace its faith. But other student groupssuch as political and ideological groups, fraternities and sororities, and even the Quidditch Clubare allowed to select leaders and members based on the groups’ mission or purpose. InterVarsity is seeking a ruling that will guarantee equal treatment with those groups. 

What:
Oral Argument in InterVarsity Christian Fellowship v. Wayne State University  

Who:
Daniel Blomberg, senior counsel at Becket  

When:
Wednesday, July 10, 2019 at 2:00 p.m. EST  

Where:
U.S. District Court
Eastern District of Michigan
526 Water St., Port Huron, MI 48060 

Daniel Blomberg will be available for comment immediately following the hearing. 

For more information or to arrange an interview, contact Ryan Colby at media@becketlaw.orgor 202-349-7219.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Supreme Court orders lower court to reconsider Bayview Cross ruling

WASHINGTON  The U.S. Supreme Court today ordered a lower court to rethink its earlier ruling against a historic World War II-era cross in Pensacola, Florida. In Kondrat’yev v. City of Pensacolaa federal appeals court had ruled that the 78-year-old cross must come down, with two of the three judges saying that the outcome was “wrong” but that their “hands were tied” because of the notorious Lemon test (see video)In today’s order, the Supreme Court instructed the lower court to reconsider its ruling in light of the Supreme Court’s recent decision upholding another cross monument in Bladensburg, Maryland. 

In American Legion v. American Humanist Association, decided last week, the Supreme Court rejected an atheist group’s attempt to tear down a nearly 100-year-old World War I memorial in Bladensburg, Maryland, known as the “Peace Cross.” In its 72 decision, the Court refused to apply the Lemon test, instead adopting a “strong presumption of constitutionality” for longstanding monuments. The ruling recognized that a “government that roams the land, tearing down” religious symbols “will strike many as aggressively hostile to religion,” which the Constitution does not require. The Court today told the U.S. Court of Appeals for the Eleventh Circuit to apply these same principles to the cross in Pensacola.  

The Supreme Court’s order is an encouraging sign that the Bayview cross can stay in Pensacola just like the Peace Cross can stay in Maryland,” said  Luke Goodrich, vice president and senior counsel at Becket. We fully expect the lower court to follow the Supreme Court’s lead.” 

A wooden cross was first placed in Pensacola’s Bayview Park in 1941 by the Jaycees, a local community service group, as the U.S. prepared to enter World War II. The cross has been a popular gathering place for over 75 years and is one of over 170 displays in Pensacola’s parks commemorating the city’s history and culture. In 2016, an atheist organization sued the city, claiming that the cross is “offensive” and establishes a government religion. 

Becket is representing the City of Pensacola free of charge together with Stanford Law Professor and former Tenth Circuit Judge Michael W. McConnell. The city is also represented by J. Nixon Daniel, III, and Terrie L. Didier of Beggs & Lane. 

For more information or to arrange an interview with a Becketattorney, contact  Ryan Colby atmedia@becketlaw.orgor 202-349-7219.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Supreme Court protects WWI cross memorial

WASHINGTON, D.C. – The U.S. Supreme Court today ruled 7–2 in favor of a nearly 100-year-old World War I memorial in Bladensburg, Maryland, known as the “Peace Cross,” allowing it to remain standing. The ruling has important implications for a similar lawsuit over a 78-year-old cross erected in Pensacola during World War II.

The following statement can be attributed to Grover Robinson IV, mayor of Pensacola: “The Bayview cross is a valuable part of Pensacola’s diverse history and culture. We welcome the Supreme Court’s ruling upholding the Maryland Peace Cross, and we look forward to a similar ruling in our case.”

A wooden cross was first placed in Pensacola’s Bayview Park in 1941 by the Jaycees, a local community service group, as the U.S. prepared to enter World War II. The cross has been a popular gathering place for over 75 years and is one of over 170 displays in Pensacola’s parks commemorating the city’s history and culture. In 2016, an atheist organization sued the city, claiming that the cross is “offensive” and establishes a government religion.

In Kondrat’yev v. City of Pensacola, a federal appeals court ruled that the cross must come down, but two of the three judges who decided the case said the result was “wrong” and called on the Supreme Court to fix its jurisprudence. Pensacola then appealed to the Supreme Court, which put the case on hold awaiting the outcome in the Maryland Peace Cross case.

“Religious symbols aren’t like graffiti that the government has to erase as soon as someone complains,” said Luke Goodrich, vice president and senior counsel at Becket, which is representing the city. “The Supreme Court has rightly ruled that governments can recognize the important role of religion in our history and culture.”

The Supreme Court is expected to take action on Pensacola’s appeal within the next few days.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Supreme Court protects Maryland “Peace Cross”

WASHINGTON, D.C. – Moments ago, the U.S. Supreme Court ruled 7–2 in favor of a nearly 100-year-old World War I memorial in Bladensburg, Maryland, known as the “Peace Cross,” allowing it to remain standing. In American Legion v. American Humanist Association, a group of anti-religious atheists had sued to tear down the memorial, claiming that it was offensive and “endorsed” religion. The Court’s opinion overturns a ruling by the U.S. Court of Appeals for the Fourth Circuit against the Peace Cross and states that, for many, “destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment.”

In its friend-of-the-court brief, Becket urged the Supreme Court to abandon the Lemon test and uphold the cross based on the historical understanding of what constituted an “establishment” of religion at the time of the nation’s founding (watch video here). In their opinion, the Justices agreed that religious expression in the public square has been common throughout our history and need not be erased just because it includes religious elements. Justices Thomas and Gorsuch both cited Becket’s brief in their concurring opinions.

“The Supreme Court rightly recognized that religious symbols are an important part of our nation’s history and culture,” said Luke Goodrich, vice president and senior counsel at Becket. “We look forward to the coming gap in cable-news programming, as atheist organizations that made bank by suing over harmless religious symbols find a new line of work and learn to look the other way.”

The Bladensburg memorial was designed by mothers who lost their sons in the World War I and was erected in 1925 on private land with funds raised by the American Legion, a military veterans association. In 2014, the American Humanist Association, an anti-religion activist group, sued to tear down the Peace Cross. The same group also sued to tear down a World War II cross monument in Pensacola, Florida, in a case the Court is expected to act on soon.

The Maryland-National Capital Park and Planning Commission, which maintains the cross, is represented by Hogan Lovells. The American Legion is represented by Jones Day. Becket was represented on its brief by Stanford law professor and former Tenth Circuit Judge Michael W. McConnell.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Atheists give up $1B church tax lawsuit

WASHINGTON, D.C. – An atheist group last night gave up its lawsuit threatening low-income churches and their communities nationwide. In Gaylor v. Mnuchin, the atheist group Freedom From Religion Foundation (FFRF) sued the IRS to end the parsonage allowance, a federal tax provision that allows churches, mosques, and synagogues to provide faith leaders a tax-free housing allowance to help them live in the communities they serve (Learn more in this 3 min. video). The U.S. Court of Appeals for the Seventh Circuit recently rejected the atheists’ challenge and unanimously upheld the tax exemption as constitutional, and last night the atheist group declined to appeal to the Supreme Court, ending the lawsuit.

In 2016, the atheist group Freedom From Religion Foundation (FFRF) sued the IRS, demanding that it end the parsonage allowance and begin imposing nearly $1 billion in new taxes per year on churches nationwide. Represented by Becket, Pastor Chris Butler of Chicago Embassy Church and several other religious leaders intervened in the case to defend the parsonage allowance. The Seventh Circuit agreed with the churches, ensuring that they will remain free to continue using the parsonage allowance and serving their communities as they have for decades.

“This is a victory for all houses of worship that serve needy communities across the country,” said Pastor Chris Butler of Chicago Embassy Church. “I am grateful that my church can still be a home for South Side Chicago’s at-risk youth, single mothers, unemployed, homeless, addicted, victims of gang violence and others on the streets.”

Pastor Chris leads a predominantly African-American congregation that ministers to Chicago’s poorest neighborhoods. His church can’t afford to pay him a full salary, but it offers him a small housing allowance so he can afford to live near his church and the community he serves. For over 60 years, federal law has recognized that ministers’ housing allowances shouldn’t be taxed as income under the same tax principle that exempts housing allowances for hundreds of thousands of secular workers—including teachers, business leaders, military service members, and many more. This tax exemption also keeps the IRS from becoming entangled in religious matters.

“The tax code has long exempted housing allowances for ministers under the same principle that it exempts housing for soldiers, diplomats, peace corps workers, prison wardens, non-profit presidents, oil executives, school superintendents, teachers, nurses, fisherman, and many more,” said Luke Goodrich, vice president and senior counsel at Becket. “The court rightly recognized that providing this kind of equal treatment to churches is perfectly constitutional, and churches should be allowed to serve the neediest members of their communities without the tax man breathing down their neck.”

Becket represented Pastor Chris Butler and Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia in this case.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Today: 13 States & District of Columbia force Little Sisters of the Poor back to court

WASHINGTON – The Little Sisters of the Poor will be in court today to ask for protection from a lawsuit by California Attorney General Xavier Becerra threatening their religious ministry. The U.S. Court of Appeals for the Ninth Circuit will hear arguments in California v. Little Sisters of the Poor and decide if California, 12 other states and the District of Columbia can force Catholic nuns to provide services such as the week-after pill in their health care plan in violation of their faith. In 2017, following an Executive Order, a five-year legal battle resulting in a Supreme Court victory, and a new HHS rule protecting religious non-profits, the Little Sisters finally received a religious exemption that applies to non-profits nationwide. Yet California immediately sued the federal government to take that exemption away. Joined now by 12 other states and the District of Columbia, Attorney General Becerra is forcing the Little Sisters back to court to defend their hard-earned religious protection.

What:
Oral Argument in California v. Little Sisters of the Poor

Who:
Becket President Mark Rienzi

When:
Today at 2:30 p.m. PST

Where:
U.S. Court of Appeals for the Ninth Circuit
95 7th St, San Francisco, CA 94103
James R. Browning U.S. Courthouse, San Francisco

Becket President Mark Rienzi will be available for comment immediately following the hearing. Join us for a statement live on Twitter @BECKETlaw.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

BREAKING: HHS to fix controversial transgender mandate

WASHINGTON, D.C. – The Health and Human Services Department (HHS) proposed a new regulation today that protects patients, aligns with current medical research, and complies with rulings from two federal courts. A prior rule, issued in 2016, had required doctors to perform gender transition procedures on any patient, including a child, even if the doctor believed the procedure would be harmful. That rule was struck down in two different federal courts after it was challenged by nine states, several religious organizations, and an association of over 19,000 healthcare professionals. Today, HHS proposed bringing its regulations into compliance with those decisions and ensuring that the personal decision to undergo gender transition procedures is kept between patients and their doctors, free from government interference.  

The following statement can be attributed to Lori Windham, senior counsel at Becket: 

“The transgender mandate allowed the government to insert itself into the private, irreversible, and sensitive medical decisions. No wonder two courts ordered the government to change its ways. Now patients can be reassured knowing their doctors are free to follow their best medical judgment as well as the most accepted medical research, including research relied on by HHS medical experts themselves. This new rule follows medical consensus and common sense.”

Becket attorneys will hold a press call at 11:45 a.m. EST today at 646-876-9923 (pin: 930-944-5568) or join https://zoom.us/my/comms.line.external to discuss the new rule. Email questions in advance to: media@becketlaw.org.

More information can be found at www.transgendermandate.org.

For more information or to arrange an interview with a Becket attorney, please contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

U.S. Senate Chaplain Barry Black awarded religious liberty’s highest honor

WASHINGTON, D.C. – Dr. Barry C. Black, 62nd Chaplain of the U.S. Senate, has been named Becket’s 2019 Canterbury Medalist for his honorable defense of religious liberty for people of all faiths. The Canterbury Medal, Becket’s highest honor, recognizes an individual who has demonstrated courage and commitment to defending religious liberty in America and around the world. In carrying out a tradition that goes back to the first Continental Congress in 1774, Chaplain Black honors his position just as the founding fathers asked – with courage and faith in democracy. Becket will honor Chaplain Black with the 2019 Canterbury Medal at its annual Gala in New York on Thursday, May 23.

Chaplain Barry C. Black has served as Senate Chaplain since 2003. First-ever Seventh-day Adventist and African American Senate Chaplain, he is the spiritual advisor for not only 100 of the most powerful lawmakers in the nation, but also their staff and families – a combined constituency of over seven thousand people. Each morning as he opens the Senate with a prayer, Chaplain Black sets the discourse for the day in one of the highest chambers in the nation, in turn setting the spiritual tone of the country.

In her tribute to Chaplain Black, Evangelist Alveda King noted, “There are those who would separate the soul of an individual from the actions they take. The chaplaincy, and Chaplain Black can be a bastion against this excessive separation. May Chaplain Black follow in the footsteps of Christ, while seeking human rights and civil rights as leaders like my uncle, Rev. Dr. Martin Luther King, Jr., did. May God bless Chaplain Black as he seeks the fostering of a well-developed conscience in the Senate.”

Prior to serving on Capitol Hill, Rear Admiral Barry C. Black (Ret.) served in the U.S. Navy for over 27 years, ending his distinguished career as the Chief of Navy Chaplains. Affectionately known for sporting his signature bowtie on the Senate floor, Chaplain Black is a sought-after spiritual guide and unfailing source of encouraging words on faith and unity. His books on those themes include The Blessing of AdversityNothing to FearMake Your Voice Heard in Heaven, and his autobiography of overcoming personal adversity, From the Hood to the Hill.

“Few spiritual leaders are as gifted as Chaplain Black in providing caring, courageous ministry in a pluralistic religious environment,” said Mark Rienzi, president of Becket. “For almost two decades, our nation has benefited from his chaplaincy and this year we humbly thank him for his work to safeguard religious liberty.”

The Canterbury Medal draws its name from one of history’s most dramatic religious liberty stand-offs, which occurred between Archbishop of Canterbury Thomas à Becket, the law firm’s namesake, and King Henry II of England. The annual Canterbury Gala honors the award recipient in a black-tie event at the Pierre Hotel in New York and is attended by the world’s most distinguished religious leaders and religious liberty advocates.

Past medalists include the late Nobel Peace Laureate and Holocaust survivor Elie Wiesel; Cuban poet and former political prisoner Armando Valladares; Supreme Knight of the Knights of Columbus, Carl Anderson, New York Times bestselling author and radio host Eric Metaxas; Learned Hand Law Professor Mary Ann Glendon of Harvard; Orthodox rabbi of the oldest Jewish congregation in the U.S., Rabbi Dr. Meir Soloveichik; and First Counselor in the First Presidency of the Church of Jesus Christ of Latter-day Saints, Elder Dallin H. Oaks.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Today: Little Sisters of the Poor back in court

WASHINGTON – The Little Sisters of the Poor will be in court this morning to ask for protection from a lawsuit by the Commonwealth of Pennsylvania threatening their religious ministry. On May 21, the U.S. Court of Appeals for the Third Circuit will hear arguments in Commonwealth of Pennsylvania v. Trump to decide if Attorney General Josh Shapiro can threaten the Sisters’ hard-won religious exemption from the HHS mandate, which was finalized last year following a five-year legal battle that went all the way to the Supreme Court. A new HHS rule protects religious non-profits, including the Little Sisters, from providing services such as the week-after pill in their health care plans. Yet in two separate lawsuits, Pennsylvania and California are suing the federal government to take those rights away, forcing the Little Sisters back to court to protect their vital ministry of caring for the elderly poor.

What:
Oral Argument in Commonwealth of Pennsylvania v. Trump

Who:
Becket President Mark Rienzi

When:
Today at 10:00 a.m. EST

Where:
James A. Byrne U.S. Courthouse
601 Market St. Philadelphia, PA 19106

Becket President Mark Rienzi will be available for comment immediately following the hearing. Join us for a statement live on Twitter @becketlaw.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

End the feather ban: Government considers protecting Native American rights

WASHINGTON – The Department of the Interior is considering a petition to end the criminalization of eagle feather possession for Native American religious exercise. The petition—published last week—follows a 2014 court victory and is part of a settlement agreement in which the government promised to consider stronger legal protections for Native Americans like Pastor Robert Soto of the Lipan Apache Tribe of Texas, who fought in court for nearly 10 years to defend his religious rights (watch video here).

Although current regulations allow permits for power companies, airports, and construction projects to kill thousands of eagles every year, many Native Americans are criminally banned from possessing even a single feather for religious worship. The proposed regulations, if enacted, will ensure stronger, lasting protections so that Native Americans like Pastor Soto can use feathers for worship, and it will not change the existing ban on harming eagles or commercializing their feathers.

“After fighting in court for almost a decade to defend our centuries-old religious practices, I am thankful that Native Americans are one step closer to freely worshipping with eagle feathers,” said Pastor Robert Soto, spiritual leader of the Lipan Apache Tribe of Texas. “It is time for the government to recognize that feathers are a gift of the Creator, not the government, and Native Americans deserve lasting legal protections that can’t be revoked at the government’s whim.”

In 2006, an undercover agent from the Department of the Interior infiltrated a powwow, a sacred Native American religious ceremony involving drumming, dancing, and eagle feathers. The agent interrogated Pastor Soto, confiscated his eagle feathers, and threatened him with fines and prison time. Pastor Soto fought back in court and in 2014 won a major victory in which the U.S. Court of Appeals for the Fifth Circuit said the federal government could not justify its restriction on the religious use of eagle feathers. With Becket’s help, Pastor Soto negotiated a historic settlement agreement allowing for the return of his feathers and the right to use feathers in his religious worship. Pastor Soto is now asking the federal government to extend the same treatment to all Native Americans.

The government is seeking public comment on the petition until July 1. More information can be found at www.endthefeatherban.org.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Court rules to keep Philly foster kids from families

WASHINGTON, D.C. – Sharonell Fulton and other foster parents will continue fighting to provide stable, loving homes for Philadelphia foster children after a court ruled against them and the religious foster care agency they work with today. In Sharonell Fulton, et al. v. City of Philadelphia, a federal court of appeals sided with a new, discriminatory city policy that forbids the Catholic Social Services from doing what it has done for almost a century: uniting foster children with loving families.

Catholic Social Services is one of Philadelphia’s best agencies and has partnered with the city for over 50 years. Yet in March 2018 the city suddenly threatened to shut down the agency because it disagreed with the agency’s longstanding religious beliefs about marriage—even though not one LGBTQ couple has ever approached Catholic seeking certification and the agency never prevented a child from finding a home. Represented by Becket, Sharonell Fulton, a single mother who has fostered more than 40 children in 26 years, joined other foster parents licensed through Catholic Social Services to file a lawsuit against the city.

“As a single mom and woman of color, I’ve known a thing or two about discrimination over the years,” said Sharonell Fulton, a foster parent represented by Becket (Read her op-ed here). “But I have never known vindictive religious discrimination like this, and I feel the fresh sting of bias watching my faith publicly derided by Philadelphia’s politicians.” Today’s court ruling lets Philadelphia continue that religious discrimination.

There are 6,000 foster children in the City of Philadelphia. The need to find those children homes is so dire that earlier this year the city put out an urgent call for 300 new families to become foster parents. But shortly after this call for help, the city inexplicably prohibited Catholic Social Services from placing any more children with the families it has certified—solely because of the agency’s religious beliefs. There are dozens of families licensed to foster through Catholic Social Services who are willing to take in children, but because of the city’s actions, their beds have remained empty for close to a year.

“This ruling is devastating to the hundreds of foster children who have been waiting for a family and to the dozens of parents working with Catholic Social Services who have been waiting to foster a child,” said Lori Windham, senior counsel at Becket. “We’re disappointed that the court decided to let the city place politics above the needs of kids and the rights of parents, but we will continue this fight.”

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Foster families take Michigan’s AG to court 

WASHINGTON – Melissa Buck, mother of five children with special needs, along with one of the area’s most successful adoption agencies are back in court today to fight the Attorney General of Michigan’s attempt to shut down the faith-based agency that brought their families together. In this new case, Buck v. Gordon, the foster families are now suing Michigan and federal Health & Human Services to allow faith-based adoption agencies to continue what they do best: uniting children with loving families. 

When the ACLU sued the State of Michigan in 2017 to stop working with faith-based foster and adoption agencies, Becket defended several foster children, families and St. Vincent Catholic Charities to maintain this vital partnership. However, last month the Attorney General of Michigan and the ACLU signed a settlement agreement to try to stop the state from working with faith-based adoption agencies like St. Vincent simply because of their religious beliefs. Today, Becket filed a new lawsuit defending St. Vincent and foster families in federal court.  

The following statement can be attributed to Melissa Buck, a mother of five children with special needs adopted through St. Vincent: 

My five children have a home and a future today thanks to St. Vincent, and my husband and I still rely on St. Vincent’s vital support in every step of our journey together as a family. We are hopeful that the courts will step in, do the right thing and allow faith-based agencies to continue to help vulnerable families like mine.” 

The following statement can be attributed to Mark Rienzi, president at Becket, which represents St. Vincent Catholic Charities and Melissa Buck and her family in this case: 

Faith-based agencies like St. Vincent consistently do the best work because of their faith, and we need more agencies like them helping children—not fewer. The actions by the Attorney General of Michigan do nothing but harm the thousands of at-risk children in desperate need of loving homes.” 

Becket attorneys will hold a press call at 3:30 p.m. EST today at 646-876-9923 (pin: 930-944-5568to discuss the new case. Email questions in advance to: media@becketlaw.org. 

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org  or 202-349-7219.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States  Supreme Court.  For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more here). 

Supreme Court stays execution, requires Texas to allow Buddhist prisoner access to priest in execution chamber 

WASHINGTON Late tonight, and two and a half hours after the scheduled start to the execution of Patrick Henry Murphy by the State of Texas, the Supreme Court voted 7-2 to stay his execution. The Supreme Court ruled that Texas could not proceed with the execution unless it permitted a Buddhist spiritual advisor to be with Murphy in the execution chamber. Texas already allows Christian and Muslim clergy to accompany prisoners in the execution chamber. 

The following statement can be attributed to Eric Rassbach, vice president and senior counsel at Becket: 

Religious liberty won today. The Supreme Court made it clear that the First Amendment applies to every American, no matter their faith. As we said in our brief to the Court, you can’t give fewer rights to Buddhists than you give to Christians or Muslims. In his last moments, a condemned man can receive both comfort from a minister of his own faith, and equal treatment under the law. 

The Supreme Court’s ruling followed Becket’s recommendation, after Becket filed an emergency amicus brief at the Court earlier today urging the Court to require Texas to allow a Buddhist minister to accompany Murphy to the execution chamber. 

Justice Kavanaugh wrote a concurring opinion, reinforcing the fact that “governmental discrimination against religionin particular, discrimination against religious persons, religious organizations, and religious speech violates the Constitution.  

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Additional Information: 

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions  and has a 100% win-rate before the United States  Supreme Court.  For over 20 years, it has successfully defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here). 

BREAKING: Michigan AG and ACLU discriminate against faith-based adoption agencies

WASHINGTON – Moments ago,  the Attorney General of Michigan and the ACLU  signed a settlement agreement  in Dumont v. Lyon to try to stop the state from working with faith-based adoption agencies, which could keep thousands of children from finding the loving homes they deserve. 

The following statements can be attributed to Lori Windham, senior counsel at Becket: 

“The  Michigan Attorney General and the ACLU are trying to stop the state from working with faith-based adoption agencies. The result of that will be tragic.  Thousands of children will be kept from finding the loving homes they deserve.  

This settlement violates the state law protecting religious adoption agencies. This harms children and families waiting for forever homes and limits access for couples who chose to partner with those agencies.”

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Court protects ministers from $1B tax lawsuit

WASHINGTON, D.C. – An appeals court today protected Pastor Chris Butler, a leader of a South Side Chicago congregation, and religious leaders across the country from nearly $1 billion per year in new taxes. In Gaylor v. Mnuchin, an atheist group sued the IRS to end the parsonage allowance, a federal tax provision that allows churches, mosques, and synagogues to provide faith leaders a tax-free housing allowance to help them live in the communities they serve (Learn more in this 3 min. video). The Chicago-based U.S. Court of Appeals for the Seventh Circuit unanimously rejected the atheists’ challenge, ruling that the tax exemption is constitutional.

In 2016 the atheist group Freedom From Religion Foundation (FFRF) sued the IRS, demanding that it end the parsonage allowance and begin imposing almost $1 billion in new taxes per year on churches nationwide. Pastor Chris of Chicago Embassy Church and several other religious leaders who rely on the parsonage allowance, represented by Becket, intervened in the case. In 2017, the district court ruled the parsonage allowance was unconstitutional. But Becket appealed to the Seventh Circuit, which today ruled that the parsonage allowance “is simply one of many per se rules” that “allow hundreds of thousands of employees (including ministers) to receive tax-exempt housing every year,” and that it is consistent with the nation’s “lengthy tradition of tax exemptions for religion, particularly for church-owned properties.”

“This ruling is a victory not just for my church but for the needy South Side Chicago community we serve – our youth, our single mothers, our homeless, our addicted, and our victims of gang violence,” said Pastor Chris Butler of the Chicago Embassy Church. “I am grateful that I can continue serving them and living side by side with them to make our neighborhood a safer, more peaceful place.”

Pastor Chris is the leader of a predominantly African-American congregation, and devotes his life to mentoring at-risk youth, decreasing neighborhood crime, and caring for the homeless in Chicago’s poorest neighborhoods. His church can’t afford to pay him a full salary, but it offers him a small housing allowance, so he can afford to live near his church and the community he serves. For over 60 years, federal law has recognized that housing allowances shouldn’t be taxed as income under the same tax principle that exempts housing allowances for hundreds of thousands of secular workers—including teachers, business leaders, military service members, and many more. This tax exemption also keeps the IRS from becoming entangled in religious matters.

“The tax code treats ministers the same as hundreds of thousands of nonreligious workers who receive tax-exempt housing for their jobs—that’s not special treatment, it’s equal treatment,” said Luke Goodrich, vice president and senior counsel at Becket. “The court rightly recognized that striking down the parsonage allowance would devastate small, low-income houses of worship in our neediest neighborhoods and would cause needless conflict between church and state.”

Becket represents Pastor Chris Butler and Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia.

Supreme Court hears case to decide fate of WWI memorial

WASHINGTON, D.C. – Moments ago, the U.S. Supreme Court heard arguments in American Legion v. American Humanist Association, where a group of anti-religious atheists sued to tear down a World War I memorial in Maryland. During oral argument, Chief Justice Roberts raised the argument Becket had urged in its friend-of-the-court brief, suggesting that a historical approach offers a clear way for resolving disputes about religious symbols in the public square.

In October 2017, the U.S. Court of Appeals for the Fourth Circuit ruled against the Bladensburg Peace Cross memorial using the notorious Lemon test, a vague legal standard that requires courts to guess whether the government is trying to “endorse” religion whenever it mentions God or religion. In its brief to the Supreme Court, Becket urged it to abandon the Lemon test and uphold the cross based on the historical understanding of what constituted an “establishment” of religion at the time of the nation’s founding.

“The nation’s founders knew what an unconstitutional establishment of religion looked like, and a passive symbol like a memorial cross wasn’t it,” said Eric Baxter, vice president and senior counsel at Becket. “The Supreme Court should drive a pencil through the monstrous Lemon test’s heart once and for all and recognize the important role of religious symbols in our nation’s history, culture, and in the public square.”

The Bladensburg memorial was designed by mothers who lost their sons in the World War I and was erected in 1925 on private land with funds raised by the American Legion, a military veterans association. The cross shape is an internationally recognized symbol of sacrifice and loss and a frequently used symbol to honor fallen soldiers. The American Humanist Association, an anti-religious activist group, is suing to take the memorial down.

The Maryland-National Capital Park and Planning Commission, which maintains the cross, is represented by Hogan Lovells. The American Legion is represented by Jones Day. Becket was represented on its brief by Stanford law professor and former Tenth Circuit Judge Michael W. McConnell. The Supreme Court is expected to issue a decision this summer.

Supreme Court rejects abortion groups’ attack on Texas Catholic bishops

WASHINGTON, D.C. – Moments ago, the U.S. Supreme Court rejected an attempt by abortion groups to pry into Texas Catholic bishops’ private discussions about religious doctrine. In Whole Woman’s Health v. Texas Catholic Conference of Bishops, several abortion advocates targeted and subpoenaed Texas’ Catholic bishops to demand their internal deliberations regarding abortion. Last year, a three-judge panel of the Fifth Circuit Court of Appeals in New Orleans rejected the surveillance attempt as intimidation and an invasion of the church’s right to privacy. Today’s Supreme Court ruling finally puts an end to the abortion group’s intrusion efforts.

In 2016, Whole Woman’s Health, a Texas-based abortion facility chain, sued over a state law that would require hospitals and abortion facilities to dispose of aborted human remains by burial or cremation, rather than in a landfill or the sewer, as is currently allowed. Because of the Catholic Church’s pro-life stance, the Texas Catholic Church’s leadership––the Texas Catholic Conference of Bishops––acted according to its faith and offered to provide burials to all unborn children who were aborted. Although the Texas Catholic Conference of Bishops was not part of that lawsuit, last year the abortion groups retaliated against the bishops by subpoenaing decades of internal religious deliberations among the bishops regarding abortion.

“Thank goodness the Supreme Court saw this appeal for what it was: a nasty attempt to intimidate the bishops and force them to withdraw their offer to bury every child aborted in Texas,” said Eric Rassbach, vice president and senior counsel at Becket. “Abortion groups may think the bishops ‘troublesome,’ but it is wrong to weaponize the law to stop the bishops from standing up for their beliefs.”

Last June, a trial judge ordered the bishops to hand over their internal communications about abortion to Whole Woman’s Health—even though they had already provided 4,000 pages of external communications. The bishops appealed to the Fifth Circuit Court of Appeals, which granted them permanent protection from the order. The court ruled that the bishops’ claims “go to the heart of the constitutional protection of religious belief and practice as well as citizens’ right to advocate sensitive policies in the public square.” Whole Woman’s Health asked the full Fifth Circuit to rehear the case. The full court rejected their request. They then appealed to the U.S. Supreme Court, which today also rejected the group’s bid.

The Texas Catholic Conference of Bishops is also represented by Steven Levatino and Andrew McRae of Levatino | Pace PLLC in Austin, Texas.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

White House addresses foster care crisis at National Prayer Breakfast

WASHINGTON, D.C. – As guests of the White House, Melissa and Chad Buck, who are parents to five adopted children with special needs, were recognized this morning by the President at the 67th annual National Prayer Breakfast. During his remarks, President Trump brought attention to the national foster care crisis. He also thanked the Buck family “for inspiring us all,” and stated, “My administration is working to ensure that faith-based adoption agencies are able to help vulnerable children find their forever families while following their deeply held beliefs.”

Melissa and Chad Buck adopted five children with special needs through St. Vincent Catholic Charities, a faith-based adoption agency that partners with the State of Michigan. St. Vincent is motivated by its faith to serve families and is very successful at finding homes for sibling groups, older children, and children with special needs. However, the ACLU is suing the state of Michigan trying to end this important partnership – and families like the Bucks are fighting back.

“I came to Washington today because I want to ensure that the needs of vulnerable children are put first,” said Melissa Buck (read her op-ed here). “My children suffered abuse, hunger, and neglect, but today they have a family and are thriving thanks to St. Vincent supporting us every step of our journey. If we want other children to have a chance for a home and a future, we need more agencies like St. Vincent – not fewer.”

Currently there are thousands of children in Michigan foster care, and each year, hundreds of children “age out” of the foster system, meaning that at the age of 18 they are on their own, never having found a family or a home. With so many children in need, and not enough families willing to take them in, the state relies on religious adoption agencies like St. Vincent Catholic Charities. In 2017, St. Vincent recruited more new adoptive families than nearly 90 percent of the other agencies in its service area.

But the ACLU’s lawsuit is threatening to close their doors because it disagrees with St. Vincent’s religious beliefs about marriage. That’s despite the fact that St. Vincent’s beliefs have never prevented a child from being placed in a loving home. LGBT couples working with other agencies have been able to adopt children in St. Vincent’s care in the past. But even with other adoption agencies much closer by, the ACLU plaintiffs nevertheless went miles out of their way to target St. Vincent.

“The Buck family is just one of the many success stories made possible through religious adoption agencies like St. Vincent,” said Lori Windham, senior counsel at Becket. “Children need an ‘all hands on deck’ approach. They need families, homes, an education, medical support, and a dedicated staff in order to have a future. They need religious adoption agencies to keep doing their important work.”

Court schools Univ. of Iowa, says religious groups deserve equal treatment

WASHINGTON, D.C. – A Christian student group won equal treatment and a permanent place on campus today when, moments ago, a federal court ruled that the University of Iowa illegally targeted religious groups for requiring their leaders to believe in and follow their faith. In BLinC v. University of Iowa, the university kicked Business Leaders in Christ (BLinC) off campus because the group requires its student leaders to affirm and live by its religious beliefs. After the university admitted that it knowingly targeted and deregistered BLinC and other religious groups, the court today ruled that the university must end its unequal treatment of religious student organizations.

Before a hearing last Friday, the university revealed a watch list of 32 groups–all religious–that it had placed on probation simply for requiring its leaders to follow their beliefs. Yet the university permits fraternities to remain single-sex and allows other groups to limit their leaders (and even members) to students who share their mission. The court’s ruling states, “The Constitution does not tolerate the way [the University] chose to enforce the Human Rights Policy. Particularly when free speech is involved, the uneven application of any policy risks the most exacting standard of judicial scrutiny, which [the University] ha[s] failed to withstand.”

“We are grateful the court protected our rights today—to let us have the same right as all student groups to express our viewpoints freely on campus, and to be who we are,” said BLinC’s Jake Estell. “This victory reinforces the commonsense idea that universities can’t target religious student groups for being religious.”

Membership in BLinC is open to all university students. To preserve its religious mission, BLinC asks its leaders to affirm that they believe in and live according to its religious beliefs. But after a complaint was filed with the university about BLinC’s leadership requirements and its religious views on marriage, university officials told BLinC that it must “revise” its Statement of Faith and submit an “acceptable plan” for selecting its leaders. When BLinC informed the university that it could not change its faith or stop asking its leaders to share its faith, it was kicked off campus. The university then deregistered 10 other religious groups, including Chinese Student Christian Fellowship, the Imam Mahdi Muslim organization, the Latter-day Saint Student Association, and the Sikh Awareness Club, for the same reason.

“The university wanted a license to discriminate, and Judge Rose said no way,” said Eric Baxter, vice president and senior counsel at Becket, which represents BLinC. “This ruling is a win for basic fairness, but it is also an eloquent plea for civility in how governments treat Americans in all their diversity. As a governmental body bound by the First Amendment, the university should have never tried to get into the game of playing favorites in the first place, and it is high time for it to stop now.”

A parallel lawsuit by another Christian group kicked off the University of Iowa campus, InterVarsity Christian Fellowship v. University of Iowa, is still pending before Judge Rose and will likely be decided later this year.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

University publishes religious watch list

WASHINGTON, D.C. – The University of Iowa admitted in court Friday it has a watch list of 32 groups – all religious – that it  has placed on a “probationary status.” The list just came to light in BLinC v. University of Iowa, where the university kicked Business Leaders in Christ (BLinC) off campus for requiring its leaders to affirm and follow its faith. The disclosure was made in response to the court’s demand that the university identify all groups it had deregistered late last year and the reasons why.

The university’s list of the 579 registered student groups on campus highlights only the names of Jewish, Muslim, Sikh, Christian and other religious student clubs, placing them on probationary status. Yet while these religious groups were targeted, the university admitted that it still grants full registered status to dozens of secular groups, which explicitly restrict or control access to leadership or membership based on race, national origin, sex, sexual orientation, gender identity, and U.S. military service. The watch list is the latest evidence confirming that the university has been singling out religious groups and discriminating against them.

“For a public institution to single out religious student groups and threaten their expulsion is textbook Big Brother,” said Eric Baxter, vice president and senior counsel at Becket, which represents BLinC. “The university’s blatant double-standard and its desire to target and track religious groups in the name of ‘nondiscrimination,’ while ignoring dozens of other bigger groups who engage in more so-called ‘discrimination,’ is doublethink that would make the Ministry of Truth blush.”

The university claims that religious groups cannot even “encourage” their leaders to uphold a group’s specific faith, saying it would violate the university’s policy against religious discrimination. Yet the university allows other student groups to select leaders and members who align with each group’s mission, including fraternities, sports clubs, musical groups, advocacy organizations, political groups, and minority support groups—only flagging religious groups for monitoring. Thus, for example, the university is allowing the Chinese Students and Scholars Association, Chinese Dance Club, Chinese in Iowa City group, and Chinese Music Club to remain on campus, while the Chinese Student Christian Fellowship is threatened to be kicked off campus.

“For an institution handing out Ph.D.’s, the university displays an embarrassing ignorance of our nation’s first liberty,” said Baxter. “The First Amendment prohibits the university from telling religious groups who can be their leaders, especially while allowing every other group on campus free reign to pick their leaders—and in many instances their members too.”

Oral argument in the case was heard in federal district court in Des Moines, Iowa on February 1, 2019. A decision is expected in the spring.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

 

Students to court: let our leaders be believers

WASHINGTON, D.C.–  A Christian student group argued in federal court Friday afternoon to defend its right to remain on campus at the University of Iowa and choose student leaders who embrace its religious mission. In BLinC v. University of Iowa, the university kicked Business Leaders in Christ (BLinC) off campus because the group requires its student leaders to live by and affirm its religious beliefs. The court will decide if the university can continue its unequal treatment of religious student organizations, especially after the university admitted that it knowingly targeted and deregistered BLinC and other religious groups. 

In 2017, university officials targeted and kicked BLinC off campus because it asks its leaders to embrace its faith. Not long later, the university deregistered 10 other religious groups, including Chinese Student Christian Fellowship, the Imam Mahdi Muslim organization, the Latter-day Saint Student Association, and the Sikh Awareness Club, for the same reason. Now a total of 32 religious groups are on probation. Meanwhile, the university permits the largest groups on campus, fraternities and sororities—which comprise almost 20 percent of the student body—to remain single-sex, as well as sports clubs, feminist groups, and advocacy groups to limit their leaders and even members to students who share their mission.  

“Instead of fostering a free exchange of diverse ideas, the university’s policy is to discriminate against beliefs it doesn’t like,” said BLinC’s Jake Estell. “We asked the Court for equal treatment—to let us have the same right as all student groups to express our viewpoints freely on campus, and to be who we are.”  

Membership in BLinC is open to all university students. To preserve its religious mission, BLinC asks its leaders to affirm that they believe in and live according to its religious beliefs. But after a complaint was filed with the university about BLinC’s leadership requirements and its religious views on marriage, university officials told BLinC that it must “revise” its Statement of Faith and submit an “acceptable plan” for selecting its leaders. When BLinC informed the university that it could not change its faith or stop asking its leaders to share its faith, it was kicked off campus. 

“The university has admitted that it treats religious groups as second-class citizens,” said Eric Baxter, vice president and senior counsel at Becket, which is representing BLinC in its lawsuit. “It’s time for the university to put an end to this religious discrimination and allow Christian groups to be Christian, just as it allows pro-choice groups to be pro-choice and fraternities to be fraternities.”  

Becket Vice President and Senior Counsel Eric Baxter argued the case telephonically Friday afternoon before a federal court in Des Moines. A decision is expected this spring.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

 

RESCHEDULED : Christian student group in court this week to seek equal treatment

WASHINGTON, D.C. – A Christian student group at the University of Iowa will defend its right to remain on campus and choose student leaders who embrace its religious beliefs before a federal judge this Friday. The oral argument has been rescheduled as a telephonic hearing. In BLinC v. University of Iowa, the University of Iowa kicked Business Leaders in Christ (BLinC) off campus and told it to “revise” its Statement of Faith and submit an “acceptable plan” for selecting leaders if it wanted a place on campus. BLinC’s membership is open to all university students, but university officials targeted BLinC and other religious groups because they require leaders to live by and affirm the group’s religious beliefs. Meanwhile, the university allows several student groups – such as fraternities and sororities, sports clubs, feminist groups, pro-life groups, and advocacy groups – to enforce leader and membership restrictions. BLinC is asking the court for permanent protection from the university’s religious discrimination, especially after the university admitted that it knowingly targeted the religious student groups.

What:
Oral Argument in BLinC v. University of Iowa

Who:
Eric Baxter, vice president and senior counsel at Becket

When:
Friday, February 1, 2019, at 3:00 p.m. CST

Where:
Telephonic hearing with Judge Stephanie M. Rose

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

 

Religious exemptions back on the chopping block in HHS cases

WASHINGTON D.C.–The Little Sisters of the Poor will now be forced to continue defending themselves from lawsuits by California and Pennsylvania that attempt to take away the nuns’ hard-won religious exemption from the HHS mandate. In State of California v. HHS and Commonwealth of Pennsylvania v. Trump, the order of Catholic nuns asked two separate federal courts to protect their religious exemption, following a five-year legal battle that went all the way to the Supreme Court. But moments ago, the Pennsylvania court ruled that Pennsylvania Attorney General Josh Shapiro can continue his challenge to the HHS religious exemption. This follows California’s ruling late yesterday, which allows Attorney General Xavier Becerra to continue his challenge to the HHS religious exemption, threatening the Little Sisters’ ministry of caring for the elderly poor.

The new HHS rule, which was supposed to go into effect today, was the federal government’s effort to comply with injunctions requiring it to protect the Little Sisters of the Poor and other religious non-profits from providing services such as the week-after pill in their employee health care plans. Last week in court, Becket defended the Little Sisters of the Poor from the California and Pennsylvania-led lawsuits, arguing that the government was simply obeying federal civil rights laws by providing the religious exemption.

“We never wanted this fight, and we regret that after a long legal battle it is still not over. We pray that we can once again devote our lives to our ministry of serving the elderly poor as we have for over 175 years without being forced to violate our faith,” said Mother Loraine Marie Maguire of the Little Sisters of the Poor. 

The Little Sisters spent five years battling the HHS mandate that would have forced them to violate their faith or pay millions in fines. The case went all the way to the Supreme Court, where the government admitted that it has ways to get contraceptives to women without using the Little Sisters of the Poor. Following the 2016 ruling from the U.S. Supreme Court and an Executive Order, HHS issued a new rule that finally protects the Little Sisters and other religious non-profits. The government had long exempted big businesses and even its own health care plans, yet California never sued the Obama administration for creating the exemptions that reach tens of millions more women than the Little Sisters’ exemption.

“Government bureaucrats should not be allowed to threaten the rights of the Little Sisters of the Poor to serve according to their Catholic beliefs. Now the nuns are forced to keep fighting this unnecessary lawsuit to protect their ability to focus on caring for the poor,” said Mark Rienzi, president of Becket and lead attorney for the Little Sisters of the Poor. “We are confident these decisions will be overturned.”

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

In court today and tomorrow: Little Sisters of the Poor fight in Penn. and Calif.

WASHINGTON, D.C. – The Little Sisters of the Poor will be in Pennsylvania and California federal courts today and tomorrow defending themselves from lawsuits by state Attorneys General Josh Shapiro (PA) and Xavier Becerra (CA), which threaten their ministry of serving the elderly poor. In Commonwealth of Pennsylvania v. Trump and State of California v. HHS, the order of Catholic nuns is asking the court to protect their religious exemption to the HHS mandate, which was finalized in November, following a four-year legal battle that went all the way to the Supreme Court. The new rule protects religious non-profits, including the Little Sisters, from providing services such as the week-after pill in their health care plans. Yet California and Pennsylvania are suing to take those rights away, forcing the Little Sisters back to court. Becket is defending the Little Sisters of the Poor, arguing that the new rule is a sensible protection of their religious belief and is required by the Religious Freedom Restoration Act. The court will hear the cases Thursday and Friday and must decide whether the Little Sisters of the Poor can focus on their vital ministry of caring for the elderly poor.


What:

Oral Argument in Commonwealth of Pennsylvania v. Trump
Today at 9:00 a.m. EST
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106

 

Oral Argument in State of California v. HHS
Friday, January 11, 2019 at 10:00 a.m. PST
Ronald V. Dellums Federal Building & United States Courthouse
1301 Clay Street
Oakland, CA 94612

 

Becket president Mark Rienzi will argue both cases. Join us for a statement live on Twitter immediately after each court hearing.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Town gives Jewish menorah the cold shoulder, earns Becket’s 2018 Ebenezer Award

WASHINGTON, D.C. – It’s feeling extra frosty in one New Hampshire town this year after a local town administrator banned a menorah from the town’s holiday display. Durham town leaders denied the local Chabad’s request to display a menorah next to the town Christmas tree because it wasn’t “secular” or “inclusive” enough for the annual “holiday” tree lighting in a local park. This blatant bah-humbugging has earned the Durham town administration the 2018 Ebenezer Award, Becket’s lowest (dis)honor, awarded for the most ridiculous affront to the Christmas and Hanukkah season.  

Rabbi Berel Slavaticki of the University of New Hampshire & Seacoast Chabad Jewish Center applied for a permit to display a menorah in the town’s Memorial Park for Hanukkah. But the Commission rejected the application claiming that the menorah was “too religious.” Local residents armed with common sense disagreed at a town council meeting last week, saying the Christmas tree—also a religious symbol—and the menorah belonged in the park.  

“In the name of inclusivity the town administration excluded an entire religious minority from participating in the town holiday celebrations—talk about missing the mark,” said Montse Alvarado, VP & executive director of Becket, “It makes no sense to celebrate the holiday season by editing out the true meaning of Christmas and relegating Hanukkah to the broom closet. Do you throw a party and blacklist the guests of honor?”  

Each year Becket reflects on the most absurd affronts to the Christmas and Hanukkah season and bestows upon the most outrageous offender a lump of coal. Previous Ebenezer Award winners include the American Humanist Association, which tried to stop schools from sending care packages to children in need, the Department of Veteran Affairs, which banned employees at its Salem, Virginia facility from saying “Merry Christmas” to veterans, and the University of Minnesota, 1qA“which last year banned from campus the colors red and green, blue and silver, Santas, bows, dreidels and even wrapped presents. (See list of previous winners). 

This year’s Ebenezer Award runner up is the city of Rehoboth Beach, Delaware, for demanding a local church take down a nativity display after granting permission just days earlier. And this year’s Eggnog Toast, given to an individual or group who had a Grinch-like change of heart, goes to the Omaha Manchester Elementary School in Nebraska for suspending its principal after she prohibited classrooms from having Christmas trees, Christmas carols, Santa and even candy canes, concerned that the shape might make students think of the letter J for “Jesus.”

“Religious holidays are an important part of human culture and the government is allowed to recognize and celebrate those holidays with the appropriate symbols,” said Alvarado. “The Supreme Court has long protected holiday displays that remind us of our country’s pluralism and religious liberty during the holiday season.”  

Becket wishes everyone a Merry Christmas, a (retroactive) Happy Hanukkah, and a Joyous New Year to all!  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

University of Iowa tells court: Frats in, God out

WASHINGTON, D.C. – After the University of Iowa admitted in court that it discriminates against religious student groups, the InterVarsity Graduate Christian Fellowship asked a federal court yesterday to permanently require equal treatment for all organizations. The case, InterVarsity Christian Fellowship v. University of Iowa, arose after more than a dozen student religious groups were purged by the University last summer for asking their leaders to affirm their respective faiths. The Sikh Awareness Club, Chinese Student Christian Fellowship, Imam Mahdi organization, and Latter-day Saint Student Association were among the other faith groups kicked off campus. All religious groups were temporarily reinstated after InterVarsity filed suit, but the university continues to resist a permanent fix and insist that it can treat religious groups different from other groups.

Last summer’s purge came after the university took the hard-line stance that a religious group is guilty of religious discrimination when it asks its leaders to affirm the group’s religious beliefs or even “encourages” them to do so. But recently, the university admitted in court that it:

  • Gives “many exceptions” from its non-discrimination rules for “various clubs, sports teams, and even scholarship programs”;
  • Allows many groups to engage in “apparent violations” of its rules, such as by discriminating on such bases as sex, race, and nationality, if they “provide safe spaces for minorities” or support the university’s unspecified “educational and social purposes”;
  • Permits the largest groups on campus—fraternities and sororities, which constitute almost 20 percent of the student body—to remain single-sex, as well as sports clubs, acapella groups, and various other university programs;
  • “[F]reely admits” that its treatment of student groups “is inconsistent.”

“In the name of non-discrimination, the University of Iowa discriminated against more than a dozen diverse religious groups–including Christians, Muslims, and Sikhs,” said Daniel Blomberg, senior counsel at Becket, which represents InterVarsity. “That’s Orwellian. Real diversity requires real differences. The university has – quite rightly – long respected the differences inherent in Greek groups, sports clubs, and ideological groups. The First Amendment requires the university to do the same for religious groups.”

InterVarsity Christian Fellowship has been on the university of Iowa campus for over 25 years, hosting Bible studies, worship services, and discussions on important religious and social issues. It is one of the largest contributors to the annual C.R.O.P. walk to combat global poverty. The group welcomes all students to join as members and only requires its leaders follow its Christian faith. In 25 years, no student has ever complained about its leadership selection standards. There are over 500 student groups at the university, including numerous religious, cultural, political, and ideological groups that have long been allowed to choose leaders who share their mission.

“InterVarsity seeks to serve the University of Iowa, its students and faculty, and the local community,” said Greg Jao, Director of External Relations at InterVarsity Christian Fellowship/USA. “We invite the university to embrace a common sense understanding of its non-discrimination policy. The policy should protect, rather than penalize, religious groups that seek to retain their religious identity on campus.”

At Becket’s request, the university agreed to allow InterVarsity and all other deregistered religious groups to temporarily remain on campus during the pendency of existing litigation. A final decision could come before March 2019.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

BREAKING: New Mexico court shuts the book on religious discrimination

WASHINGTON, D.C. – New Mexico kids won equal access to quality educational resources today, regardless of where they go to school. In Moses v. Ruszkowski, a group of activists sued the State of New Mexico to end a textbook program designed to ensure all students receive a quality education. The New Mexico Supreme Court’s ruling says students can’t be denied state-approved textbooks and other learning materials simply because they attend a religiously affiliated school. The decision comes after the 2017 Supreme Court ruling in Trinity Lutheranv. Comer. 

New Mexico is ranked lowest of all 50 states in terms of education. The textbook lending program seeks to lift the state’s literacy levels by ensuring that all children have equal access to quality textbooks. The program especially benefits low-income and minority students living in rural areas.  But in 2012, activists sued the state arguing that the textbook lending program violates the state constitution because students at religiously affiliated schools can participate on equal footing with all other students. Today’s court ruling rejects the activists’ arguments, stating, “The textbook loan program furthers New Mexico’s legitimate public interest in promoting education and eliminating illiteracy.” 

“In shutting the book on religious discrimination, the New Mexico Supreme Court has opened access to quality textbooks for all students,” said Eric Baxter, vice president and senior counsel at Becket, which is defending the New Mexico Association of Nonpublic Schools (NMANS) and the state’s textbook program. “All kids deserve an education free from discrimination.”

The lawsuit relied on a discriminatory 19th century state law—called a Blaine Amendment—that has been used in New Mexico and across the country to keep religious organizations from participating in government programs on the same terms as everyone else. For example, activists have used Blaine Amendments to try to stop children with disabilities from attending schools that best meet their needs, to prevent schools from making their playgrounds safer, to stop food kitchens from helping the poor, and to close service providers that help former prisoners successfully reintegrate into society. The Court acknowledged the Blaine Amendments’ malicious history, noting that “New Mexico was caught up in the nationwide movement to eliminate Catholic influence from the school system.”  

“New Mexico’s kids are better off today because the New Mexico Supreme Court rejected 19th Century religious discrimination,” said John Foreman, state director of the New Mexico Association of Non-public Schools.

Both the trial court and the New Mexico Court of Appeals ruled in favor of the textbook lending program, but in 2015 the New Mexico Supreme Court ruled it was unconstitutional based on the Blaine Amendment. In 2017 Becket appealed to the U.S. Supreme Court. Following a 7-2 ruling in Trinity Lutheran, a similar case involving Missouri’s Blaine Amendment, the Supreme Court ordered the New Mexico Supreme Court to reconsider its decision on the textbook lending program. Today’s decision reinstates the textbook lending program.

World’s largest religious media network wins right to follow faith

WASHINGTON, D.C. – A court ruling yesterday ensures Eternal Word Television Network (EWTN), the world’s largest religious media network, can freely follow the religious teachings that drive its mission. In Eternal Word Television Network v. Azar, the previous administration’s HHS mandate tried to force the Catholic network to provide services such as the week-after pill in its healthcare plan. Yesterday’s decision, which comes on the heels of a settlement with the federal government, ends EWTN’s seven-year legal battle.

In 2013, EWTN sued the federal government and challenged the HHS mandate in court. A federal appeals court ruled against the network in 2016, but that decision was tossed out after a U.S. Supreme Court ruling that protected other religious non-profits, including the Little Sisters of the Poor. Yesterday’s decision follows a formal settlement agreement, a Presidential Executive Order, and a recently finalized HHS rule issued in November ensuring a religious exemption preventing non-profits like EWTN from having to violate their faith.

“It shouldn’t take years to prove the obvious: you can’t tell a religious media network to say one thing and do another” said Michael P. Warsaw, chairman and CEO of EWTN. “We are grateful that—finally—EWTN no longer has to worry about being forced to choose between massive fines and following our faith.”

EWTN was founded in 1981 by Mother Mary Angelica of the Annunciation, also known as Mother Angelica, who was a cloistered nun and well-beloved TV personality worldwide. She started EWTN as a small television network in a garage on her monastery grounds with the purpose of sharing the Catholic faith with the public. Today, EWTN is now the largest religious media organization in the world, reaching into over 300 million television homes in 145 different countries.  The Network also includes global radio, digital media, print, publishing and news services.

“EWTN lives by its Catholic faith all day every day, expressing its beliefs worldwide in TV, radio, and print,” said Lori Windham, senior counsel at Becket, which represented EWTN. “We are glad that the government and the courts agree that it can continue doing that without being forced to violate its faith.”

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

RFRA celebrates 25 years protecting religious liberty for all

WASHINGTON, D.C. – Supported by one of the broadest and most diverse coalitions in modern political history—including over sixty religious and civil liberties groups, ranging from the ACLU to the Traditional Values Coalition, and from Americans United for Separation of Church and State to the National Association of Evangelicals—the Religious Freedom Restoration Act (RFRA) passed the House by a voice vote, passed the Senate 97–3, and was signed into law by President Clinton on November 16, 1993. In the 25 years since, RFRA has provided critical protections for religious freedom, especially for religious minorities.

Drafted in the wake of the U.S. Supreme Court’s 1990 decision in Employment Division v. Smith, which cut back long-standing legal protections for religious liberty, RFRA requires the government to satisfy a demanding legal test before it imposes a significant restriction on religious freedom. Specifically, if the government attempts to restrict religious practices, it must show that restricting those practices is the only possible way to accomplish a “compelling” government interest. This legal standard has ensured that individuals like Becket clients Lipan Apache Pastor Robert Soto could freely use eagle feathers in observance of his faith, Army Captain Simratpal Singh could fully serve his country while practicing his Sikh faith, and the Little Sisters of the Poor could continue serving the elderly poor without violating their religious convictions. Recent empirical research has shown that these kinds of protections are especially critical for small minority faiths.

The following statement can be attributed to Becket President Mark Rienzi:

“Since its passage 25 years ago, RFRA has ensured that our government can’t interfere with an individual’s religious practices. That protection is especially important for members of minority faiths, whose beliefs may be unfamiliar to government bureaucrats. In our free and diverse society, RFRA ensures that we “live and let live,” even when our neighbors have different beliefs. No matter your religious beliefs or political party, you live in a better and stronger country today because people of all faiths are free from government intrusion.”

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Press call: New HHS rule and Little Sisters of the Poor

Call Audio Here

WASHINGTON, D.C. – A new rule issued late yesterday by Health & Human Services (HHS) finalizes the interim religious exemption that the Little Sisters of the Poor received in October 2017. Becket will hold a press call at at 10 a.m. EST tomorrow to discuss this latest update and its effect on ongoing cases in California and Pennsylvania against the Little Sisters, an order of Catholic nuns who dedicate their lives to serving the elderly poor.

On October 6, 2017, HHS provided the Little Sisters and other religious non-profits an interim religious exemption from having to provide services such as the week-after pill in their employee healthcare plans against their religious beliefs. This new rule finalizes that exemption after HHS considered public comments. The new rule follows an Executive Order issued May 2017 and the 2016 unanimous Supreme Court decision protecting the Little Sisters in Zubik v. Burwell 

What:
Press call to discuss the HHS mandate rule and the Little Sisters of the Poor

Who:
Mark Rienzi, president of Becket

When:
November 8, 2018, at 10 a.m. EST

Press Call Information:
888-670-9385 | Pin #: 54523
Email media@becketlaw.org with questions

The following statement may be attributed to Mark Rienzi, president of Becket: “For the last four years the Little Sisters have said that the government has other ways to provide services like the week-after pill without involving nuns. Today, at long last, the federal government finalized the rule providing a religious exemption from the HHS Mandate to the Little Sisters and other religious non-profits. This long unnecessary culture war is now almost over–all that is left is for state governments to admit that there are many ways to deliver these services without nuns, and the Little Sisters can return to serving the elderly poor in peace.”

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Empty foster homes, full courtroom for Philly foster families

WASHINGTON, D.C. – Foster families were in the court today fighting the City of Philadelphia’s decision to discriminate against a religious foster care agency and prevent at-risk kids from being placed with a loving foster family. In Sharonell Fulton, et al. v. City of Philadelphia, the City of Philadelphia barred one of the city’s top foster care agencies, Catholic Social Services, from placing children with dozens of certified foster families solely because of the agency’s religious beliefs about marriage. The hearing took place at the Third Circuit Court of Appeals, which must decide whether the city can continue to discriminate against Catholic Social Services and the children and families it serves (watch recap of arguments live on Twitter).

Catholic Social Services has worked with the city to place children with foster families for more than five decades and has provided this ministry to Philadelphians since the early 1900s, long before the city got involved. And to this day, neither the city nor the ACLU has pointed to anyone that has been prevented or even discouraged from fostering by Catholic Social Services. Yet earlier this year the city barred Catholic Social Services from placing children with foster parents like Sharonell Fulton–who has served as a loving foster mother for 25 years. 

“With every passing day, vulnerable kids wait for the chance to sleep in their own beds in a loving place they can call home,” said Sharonell Fulton, a single mother who has fostered over 40 children through the agency. “I worry for these kids, and the two children with special needs in my care, whose futures are threatened because of the city’s decision to discriminate.” 

There are 6,000 foster children in need of a family in the City of Philadelphia. The need to find those children homes is so dire that earlier this year the city put out an urgent call for 300 new families to join the foster care network. But shortly after this call for help, the city inexplicably prohibited Catholic Social Services from placing more children with families—solely because of the agency’s religious beliefs. There are currently dozens of families licensed to foster through Catholic Social Services who are willing to take in children, but because of the city’s actions, those homes remain empty. 

“The wait to find a foster family is long enough for a vulnerable child, yet the City of Philadelphia has decided to keep at-risk children out of loving homes,” said Lori Windham, senior counsel at Becket, which represents Catholic Social Services and three foster families. “The court should put an end to the city’s religious discrimination and allow Catholic Social Services to continue doing what it does best: giving children loving families.” 

Becket is representing foster children, families, and Catholic Social Services in federal court. A decision can be expected by early next year. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea amedia@becketlaw.org or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Today: Foster families fight Philly discrimination in court

WASHINGTON, D.C. – Philadelphia-based foster families will be in court today fighting the City of Philadelphia’s decision to target a religious foster care agency, keeping hundreds of at-risk kids out of loving homes.

In Sharonell Fulton, et al. v. City of Philadelphia, the City of Philadelphia barred one of the city’s top foster care agencies, Catholic Social Services, from placing children with dozens of certified foster families solely because of the agency’s longstanding religious beliefs about marriage. Catholic Social Services has worked with the city for more than five decades to find foster families for children in need and has provided this ministry to Philadelphians since the early 1900s—well before the city got involved. But earlier this year the city enacted a new policy abruptly barring Catholic Social Services from placing children with foster parents like Sharonell Fulton—who has fostered over 40 kids in the last 25 years—even though there has never been a single complaint against the agency’s policy. Instead, the undisputed evidence shows that not a single person has been prevented or even discouraged from becoming a foster parent because of Catholic Social Services’ religious ministry. Today the Third Circuit Court of Appeals must decide whether to grant Catholic Social Services’ ability to place children while the case is ongoing; if not it will be forced to close within the next few months.

 

What:
Oral Argument in Sharonell Fulton, et al. v. City of Philadelphia

Who:
Lori Windham, senior counsel at Becket

When:
Today at 2:00 p.m. Eastern

Where:
James A. Byrne United States Courthouse
601 Market Street
Philadelphia, Pa. 19106

Becket attorney Lori Windham will give a statement live on Twitter immediately after the hearing.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Chicago pastor fights atheist lawsuit, nearly $1B tax on churches

WASHINGTON, D.C. – Pastor Chris Butler, a South Side Chicago pastor, was in court today defending his ministry from a discriminatory lawsuit that would impose nearly $1 billion per year in new taxes on churches across the country. In Gaylor v. Mnuchin, an atheist group is suing the IRS to end the parsonage allowance, a 64-year-old federal tax provision that allows churches, mosques, and synagogues to provide faith leaders a tax-free housing allowance to help them live in the communities they serve. The U.S. Court of Appeals for the Seventh Circuit must now decide if the law requires the government to discriminate against religious groups by denying them a tax exemption similar to exemptions used by hundreds of thousands of secular employees.

In 2016 the atheist group Freedom From Religion Foundation (FFRF) sued the IRS, claiming that the parsonage allowance was an illegal establishment of religion and demanding its end. Pastor Chris of Chicago Embassy Church and several other religious leaders who rely on the parsonage allowance, represented by Becket, intervened in the case. In 2017, the district court ruled the parsonage allowance was unconstitutional. Becket appealed to the Seventh Circuit and today argued that the parsonage allowance is fair tax treatment, not a special benefit for faith leaders.

“The tax code treats ministers the same as hundreds of thousands of nonreligious workers who receive tax-exempt housing for their jobs—that’s not special treatment, it’s equal treatment,” said Luke Goodrich, vice president and senior counsel at Becket. “Striking down the parsonage allowance would devastate small, low-income houses of worship in our neediest neighborhoods and would cause needless conflict between church and state.”

Pastor Chris is the leader of a predominantly African-American congregation, and devotes his life to mentoring at-risk youth, decreasing neighborhood crime, and caring for the homeless in Chicago’s poorest neighborhoods. The church can’t afford to pay Pastor Chris a salary, but it offers him a small housing allowance so he can afford to live near his church and the community he serves. Ending the housing allowance for faith leaders like Pastor Chris would harm poor communities by diverting scarce resources away from essential ministries and even forcing some small churches to close (Learn more in this 3 min. video).

For over 60 years, federal law has recognized that housing allowances like Pastor Chris’s shouldn’t be taxed as income. This is the same tax principle that allows hundreds of thousands of secular workers including teachers, business leaders, and military service to receive tax-free housing for their jobs. It also keeps the IRS from becoming entangled in religious matters. If the parsonage allowance ends, it would impose nearly $1 billion per year in new taxes on churches, making it impossible, particularly for leaders of small and minority faiths, to live in the communities they serve.

“Today I asked the court to protect our ability to serve our South Side Chicago community – our youth, our single mothers, our homeless, our addicted, our lost, and all those who seek a church family,” said Pastor Chris Butler of the Chicago Embassy Church. “I hope the court will keep letting religious leaders like me not only preach from the pulpit, but live among the people we serve.”

Becket represents Pastor Chris Butler and Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia. A decision in the case is expected early next year.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

 

Little Sisters defend their Supreme Court Victory from Calif. AG

WASHINGTON, D.C. – The Little Sisters of the Poor were in federal court today defending themselves from a new lawsuit by California Attorney General Xavier Becerra, who is attempting to strip the nuns of their religious exemption to the HHS mandate. The U.S. Court of Appeals for the Ninth Circuit heard oral arguments today in State of California v. Little Sisters of the Poor and will decide if the order of Catholic nuns can continue caring for the elderly poor without violating their Catholic faith.

Last October, as directed by the Supreme Court in Zubik v. Burwell, HHS issued a new regulation giving religious non-profits, including the Little Sisters of the Poor, legal protection from having to provide services such as the week-after pill in their healthcare plan in violation of their faith. Yet shortly after the regulation was passed, Becerra sued to take away the Little Sisters’ religious exemption, forcing the nuns back to court. Becket defended the Little Sisters in court today, arguing that the religious exemption is required by civil rights law.

“We pray that the court will protect our ability to continue serving the elderly poor as we have for over 175 years without being forced to violate our faith,” said Sister Theresa Gertrude of the Little Sisters of the Poor. (Watch her full statement here).

The Little Sisters spent four years battling the HHS mandate that would have forced them to violate their faith or pay millions in fines. The case went all the way to the Supreme Court, where the government admitted that it has ways to get contraceptives to women without using the Little Sisters of the Poor. Following the 2016 ruling from the U.S. Supreme Court and a Presidential Executive Order, HHS issued a new rule that finally protects the Little Sisters and other religious non-profits. The government had long exempted big businesses—such as Exxon, Chevron and Pepsi—and even its own health care plans, yet California never sued the Obama administration for creating the exemptions that reach tens of millions more people than the Little Sisters’ exemption.

“Politicians have no right pushing around religious women like the Little Sisters of the Poor,” said Mark Rienzi, president of Becket and lead attorney for the Little Sisters of the Poor. “The Little Sisters already endured a lengthy legal battle that went all the way to the Supreme Court; they don’t need this unnecessary lawsuit to try to take them away from caring for the poor.”

Becket President Mark Rienzi argued on behalf of the Little Sisters. A ruling is expected sometime in 2019.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Court to consider nearly $1 billion tax threat to churches

WASHINGTON, D.C. – Pastor Chris Butler, the minister of a predominantly African-American congregation on Chicago’s South Side, will defend his ministry in court next week from a discriminatory lawsuit threatening churches across the country with nearly $1 billion per year in new taxes. In Gaylor v. Mnuchin, the atheist group Freedom From Religion Foundation is suing the IRS to end a 64-year-old federal tax provision that allows churches, mosques, and synagogues to provide faith leaders a tax-free housing allowance so they can live in the communities they serve. The tax provision, known as the parsonage allowance, operates under the same tax principle that allows teachers, business leaders, military service members, and hundreds of thousands of other secular employees to receive tax-free housing for their jobs. It also keeps the IRS from becoming entangled in religious matters. Yet last October, a federal court struck down the parsonage allowance, threatening vital ministries across the country. Becket is defending Pastor Chris and other faith leaders in their appeal to the Seventh Circuit, which must decide if the parsonage allowance is constitutional.

What:
Oral argument in Gaylor v. Mnuchin

Who:
Luke Goodrich, vice president and senior counsel at Becket
Chris Butler, pastor of Chicago Embassy Church

When:
Wednesday, October 24, 2018 at 9:30 a.m. CDT

Where:
U.S. Court of Appeals for the Seventh Circuit
Everett McKinley Dirksen United States Courthouse
219 S. Dearborn Street, Room 2722
Chicago, IL 60604

Becket attorney Luke Goodrich and Pastor Chris Butler will give statements on Twitter live immediately after the hearing.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

 

Court to hear California’s attack on Little Sisters next week

WASHINGTON, D.C. – The Little Sisters of the Poor will be in federal court next week defending their right to live according to their religious beliefs. In State of California v. Little Sisters of the Poor, the State of California is suing to end a 2017 regulation that gives religious nonprofits, including the order of Catholic nuns, legal protection from the HHS mandate. The HHS mandate, center of a seven-year legal battle that went all the way to the Supreme Court, requires employers to provide services such as the week-after pill in their health care plans. The new regulation is a result of the 2016 Supreme Court decision in Zubik v. Burwell, which told HHS to revise its rules. Yet shortly after the regulation was passed, California Attorney General Xavier Becerra sued to take away the Little Sisters’ religious exemption, forcing the nuns back to court. The U.S. Court of Appeals for the Ninth Circuit will hear arguments and decide whether the Little Sisters of the Poor can get back to their vital ministry of caring for the elderly poor.

What:
Oral Argument in State of California v. Little Sisters of the Poor

Who:
Mark Rienzi, president of Becket

When:
Friday, Oct. 19, 2018, at 8:30 a.m. PST

Where:
James R. Browning U.S. Courthouse
95 7th St, San Francisco, CA 94103

Becket attorney Diana Verm and Mother Theresa Gertrude of the Little Sisters of the Poor will give Twitter live statements immediately after the hearing.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a nonprofit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Morris County, NJ: Let us preserve our history!

WASHINGTON, D.C. – Morris County, New Jersey, filed a petition Tuesday asking the U.S. Supreme Court to protect its historic preservation program after the New Jersey Supreme Court ordered a halt to participation by historic houses of worship. In FFRF v. Morris County Board of Freeholders, the Freedom From Religion Foundation—a Wisconsin-based militant atheist organization—sued the county for allowing historic houses of worship to apply for preservation funds on equal terms with all other historical sites. Grants are awarded under neutral criteria, and houses of worship can only use the grants to repair a historic building’s exterior and mechanical systems. But the New Jersey Supreme Court ruled that giving neutral treatment to houses of worship constituted religious activity in violation of the New Jersey Constitution. Yesterday’s filing asks the Supreme Court to let Morris County continue treating all historic sites the same, without having to engage in religious discrimination.

In its 2017 Trinity Lutheran ruling, the U.S. Supreme Court protected a church’s right to participate in a generally available public program, stating that excluding the church because of its religious status would violate the First Amendment. But lower courts have been divided on how far that extends. Several courts, including the New Jersey Supreme Court, have ruled that historic preservation funding cannot be given to houses of worship, while several other courts have ruled that houses of worship cannot be excluded without violating the Constitution.

“Time does not discriminate,” said Diana Verm, legal counsel at Becket, a non-profit religious liberty law firm representing Morris County in its petition before the Supreme Court. “It takes its toll on all our historic structures, secular and religious alike. The county should not be forced to discriminate by favoring secular sites in its preservation efforts.”

The state of New Jersey has a long history of funding historic preservation for buildings, including churches. One of the state’s earliest grants was to the 1850 Solomon Wesley Church, an active house of worship originally built to serve a community of freed slaves.

“In Morris County, we want to preserve all of our historical sites, including our magnificent houses of worship, some of which date back to the 1700s and were designed by the leading architects of their time,” said Doug Cabana, the freeholder director of Morris County. “Preserving the character and beauty of our county is a critical element of the county’s cultural and economic success.

Last year Becket along with Thomas A. Gentile of Wison Elser in Florham Park, New Jersey filed a friend-of-the-court brief defending Morris County’s grant program and the Catholic, Baptist, Episcopal, Methodist, and Presbyterian churches whose buildings have been restored thanks to the program. Becket is now counsel for the county in this case.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Pensacola to Supreme Court: Historic cross can fix First Amendment dross

WASHINGTON, D.C. – The City of Pensacola, Florida, asked the U.S. Supreme Court late yesterday to protect a historic World War II-era memorial cross that has stood in a city park for over 75 years. In Kondrat’yev v. City of Pensacola, a federal appeals court ruled that the cross must come down, but two of the three judges who decided the case said the result was “wrong” and called the Supreme Court’s jurisprudence a “hot mess.” The appeal comes as the Supreme Court is considering a similar case involving the Bladensburg Peace Cross, a World War I memorial in Maryland. Pensacola has asked the Supreme Court to join the two cases together and decide if historic symbols like the cross are permitted in the public square.

A wooden cross was first placed in Pensacola’s Bayview Park in 1941 by the Jaycees, a local community service group, as the U.S. prepared to enter World War II. The cross has been a popular gathering place for over 75 years and is one of over 170 displays in Pensacola’s parks commemorating the city’s history and culture. In 2016, an atheist organization sued the city, claiming that the cross is “offensive” and establishes a government religion.

“Religious symbols aren’t like graffiti that the government has to erase as soon as someone complains,” said Luke Goodrich, vice president and senior counsel at Becket, which is representing the city. “The Constitution lets the government recognize the important role of religion in our history and culture.”

The court of appeals based its ruling on the notorious “Lemon test” (see video), which has been criticized by scholars and Supreme Court justices as inconsistent with the historical meaning of the Constitution. Nevertheless, the court said the Lemon test hasn’t been “directly overruled,” so “our hands are tied.” Two of the three judges said the law should be fixed and the cross should remain.

“Pensacola is a diverse city that welcomes people of all faiths and none,” said Ashton Hayward, mayor of Pensacola. “The cross is a valuable part of our history; tearing it down would needlessly signal hostility toward religion. The city looks forward to a victory in the Supreme Court.”

Becket is representing the City of Pensacola free of charge together with Stanford Law Professor and former Tenth Circuit Judge Michael W. McConnell. The city is also represented by J. Nixon Daniel, III, and Terrie L. Didier of Beggs & Lane.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

BREAKING: Court wants to uphold historic Pensacola cross, but can’t — yet

WASHINGTON, D.C. – A historic World War II-era memorial cross in Pensacola, Florida, must come down, according to a federal appeals court that ruled in favor of an atheist activist group in Kondrat’yev v. City of Pensacola. But the court said it ruled that way only because it was bound by “flawed precedent” from thirty-five years ago that “needs to be reversed.” The city says it will appeal.

In 2016, the American Humanist Association sued the city on behalf of four individuals who said the cross was offensive. Last year, a federal judge ruled that the cross violated the Constitution’s Establishment Clause and must be torn down. The ruling relied on a case decided by the Eleventh Circuit in 1983, called ACLU v. Rabun County, which also struck down a cross. The Eleventh Circuit today stated that it was “bound” by Rabun to rule against the cross, but two of the three judges said Rabun was “wrong” and “needs to be reversed.” They urged the full Eleventh Circuit “to rehear this case” to “correct the errors that Rabun perpetuates” and uphold the cross.

“The Constitution doesn’t require the government to scrub every religious symbol from the public square,” said Luke Goodrich, vice president and senior counsel at Becket, which is representing the city. “The Supreme Court has repeatedly said that the government can recognize religion as a fundamental part of our history and culture, and we’re glad that the majority of the court agreed that the cross is constitutional.”

A wooden cross was first placed in Pensacola’s Bayview Park in 1941 by the local chapter of the Junior Chamber of Commerce (Jaycees)—a private, civic, nonprofit organization—as the United States prepared to enter World War II. For decades, the Jaycees and other groups have hosted community events at the memorial, including Veteran’s Day and Memorial Day remembrances. Today it continues to serve as a gathering place for both religious and nonreligious groups within the Pensacola community and as a significant symbol of the city’s history. The cross is one of over 170 displays in Pensacola parks reflecting different aspects of the city’s unique history and culture.

“This cross is more than a religious symbol,” said Ashton Hayward, mayor of Pensacola. “It’s an important part of our city’s history and culture – just like many other monuments celebrated throughout Pensacola’s parks. To tear down this symbol just because a few are offended by it shows hostility to religion, not neutrality. The city looks forward to being vindicated on appeal—as the majority of the court said it should be.”

The city has 14 days to ask for rehearing by the Eleventh Circuit or 90 days to ask the Supreme Court to hear the case. The Supreme Court is also considering whether to review a challenge to the Bladensburg Cross, a World War I memorial in Maryland. Becket, which is representing the City of Pensacola free of charge, recently filed a brief in that case. Pensacola is also represented by J. Nixon Daniel, III, and Terrie L. Didier of Beggs & Lane.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Atheists try to kick cross to the curb in Penn. county seal case

WASHINGTON, D.C. – Lehigh County, Pennsylvania defended its historic seal in court today from a militant atheist lawsuit suing to scrub the seal of a religious symbol representing one aspect of the county’s rich history. In FFRF v. Lehigh County, the Wisconsin-based atheist group Freedom From Religion Foundation sued Lehigh County, demanding the county remove the image of a cross from the seal on the theory that it establishes Christianity as the official religion. The U.S. Court of Appeals for the Third Circuit must decide whether the law requires stripping all religious symbols from the public square or, instead, protect them as a legitimate part of our country’s history and culture. (Watch Twitter Live statement here.)

The seal, which has been in use for over 70 years without complaint, features a cross, representing the county’s early German settlers who fled persecution in their homeland for religious freedom in America. The seal also features over a dozen other images – such as cement silos, textiles, a farm, the Liberty Bell, and a red heart – representing important aspects of the county’s rich history and culture. Becket represents Lehigh County before the U.S. Court of Appeals for the Third Circuit, arguing that the Constitution allows religious symbols in the public square in recognition of the importance of religion in our history and culture.

“FFRF is like the wicked witch of the west: A drop of religion and they scream ‘I’m melting!’” said Eric Baxter, VP & senior counsel at Becket, which is representing Lehigh County. “But flags with historically-significant religious images are part of American culture: New Mexico’s flag has the sacred sun symbol of the Zia Native American tribe, Louisiana’s has a Catholic symbol of a pelican with a bleeding heart to feed its hatchlings the Eucharist, and Utah’s has multiple images that recall the Mormon pioneers.”

Images of historic significance are common on the seals and flags of states, counties, and towns across America. Yet in 2016, FFRF sued Lehigh County, trying to censor the cross from the seal. In September 2017, a federal judge ruled in FFRF’s favor. Instead of applying the actual text and original meaning of the First Amendment, the judge felt bound by an old Supreme Court case, Lemon v. Kurtzman, which requires courts to guess whether the government is trying to “endorse” religion whenever it mentions God or religion (What is the Lemon Test? Watch this short video.)

But the Supreme Court has moved away from the Lemon test, ruling that religious symbols in government and in the public square that were acceptable at our nation’s founding are still acceptable today and that recognizing the role of religion in our nation’s history and culture does not violate the Constitution. Becket has also defended a World War II religious memorial in a Montana ski resort, a historic Pensacola park cross monument, and a 9/11 Ground Zero cross artifact, among others.

“There is nothing unconstitutional about using our flags and seals to accurately reflect history and culture—even if it happens to be religious,” said Baxter.

A decision is expected by early next year.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Pittsburgh church wins right to choose its pastor

WASHINGTON, D.C. – Sixth Mount Zion Baptist Church, a historic congregation in one of Pittsburgh’s poorest communities, is free to choose its own religious leaders without fear of government interference. In Lee v. Sixth Mount Zion Baptist Church, a federal appellate court today ruled for the small African-American congregation, stating that the First Amendment prevents courts from deciding questions of spiritual leadership. The decision was 3-0 in favor of the church. 

The church was facing a $2.6 million lawsuit from its former pastor, Rev. David Lee, whom the church dismissed after attendance plummeted and church expenses doubled under his leadership. A federal trial court previously ruled against Rev. Lee, but he appealed to the U.S. Court of Appeals for the Third Circuit in Philadelphia, which today ruled to protect the congregation’s right to choose its leaders. The Third Circuit’s ruling bolsters the right of all houses of worship to select their leaders—a right called the “ministerial exception”—stating that “While the amount of church contributions and members is a matter of arithmetic, assessing Lee’s role … requires a determination of what constitutes adequate spiritual leadership.” That raises “questions that would impermissibly entangle the court in religious governance and doctrine prohibited by the Establishment Clause.” 

“The government has no right to entangle itself in choosing a church’s ministers,” said Daniel Blomberg, senior counsel at Becket, which represents Sixth Mount Zion Baptist Church. “As the Supreme Court unanimously ruled six years ago, houses of worship have the right to choose who leads the flock.” 

The church chose Rev. Lee to be its pastor in 2012. Soon after, however, he demanded a 20-year contract from the church, telling the church that it could still fire him if it was unhappy with his religious leadership. By 2015, it was clear that church ministries had deteriorated: attendance and offerings had both dropped by nearly 40 percent, while church expenses had increased by 200 percent. The congregation, unhappy with Rev. Lee’s leadership, then voted to dismiss Rev. Lee from the pulpit. Rev. Lee sued Sixth Mount Zion for $2.6 million later that year.  

Founded in 1899, Sixth Mount Zion serves one of Pittsburgh’s poorest communities: one-third of the households in its neighborhood are headed by single moms, one quarter of the houses sit vacant, and one person is unemployed for every three that have a job. To support its community, the church hosts a number of ministries to the poor, including a monthly food-bank and a program to help provide affordable housing.   

Becket, which represents Sixth Mount Zion, also successfully defended the Roman Catholic Archdiocese of New York in the Fratello case and Hosanna-Tabor Evangelical Lutheran Church at the U.S. Supreme Court in 2012. Today’s decision was the first Third Circuit case to apply Hosanna-Tabor, and the first appeal nationwide to apply Hosanna-Tabor to a contract claim.  

Amicus briefs in support of Sixth Mount Zion were filed by Professors Douglas Laycock, Michael McConnell, Thomas Berg, Carl Esbeck, Rick Garnett, and Robert Cochran, represented by Victoria Dorfman, Todd Geremia, Mark Kubisch, and Daniel Benson of Jones Day, and by the Church of God in Christ, mPact Churches, Plymouth Brethren, and Bishop William Stokes, represented by Andrew Kilberg, David Casazza, and Brian Lipshutz of Gibson, Dunn & Crutcher LLP. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

 

Former foster children, states, Congressional coalition and religious groups support foster families’ appeal

WASHINGTON, D.C. – Former foster children, eight states, a Jewish advocacy group, a large  Congressional coalition and others urged an appeals court yesterday to reverse a district court ruling that will allow the City of Philadelphia to shut down Catholic Social Services, one of the City’s best foster agencies. The friend-of-the-court briefs filed in Sharonell Fulton, et al. v. City of Philadelphia argue that the ruling discriminates against the foster agency and the families it serves, violates the Constitution, is detrimental for religious minorities, and, above all, causes devastating harm to the City’s foster children in need of loving homes.

The City of Philadelphia’s harmful new policy enacted in March abruptly barred Catholic Social Services from placing dozens of children with foster parents like Sharonell Fulton, who has fostered over 40 kids in the last 25 years, and Cecelia Paul, who has fostered over 100 children. The City’s policy needlessly keeps at-risk children away from available homes solely because the City disagrees with the foster agency’s religious beliefs about marriage. After a district judge ruled against the agency in July, the families appealed to the U.S. Court of Appeals for the Third Circuit, which will consider the case this fall.

“I gotta keep fighting for all these other kids so that they can have the life I had. If you have a good foster home—one where a parent treats you like their child—you can make it. Without one, you can fall through the cracks. CSS needs to keep open. It saved my life,” said Jamie Hill, a former foster child, who thinks that “a foster home is the difference between life and death” for some kids. (Read the former foster children’s brief here).

The Jewish Coalition for Religious Liberty also wrote to support Catholic and condemn Philadelphia’s actions, noting that “Jews have frequently faced the specter of government actors directing ‘proper’ understandings of their faith,” and emphasizing “the threat such overreach poses to Jews and all minority faiths.” (Read the Coalition’s brief here).

Eight states also filed a brief explaining why “promoting a diversity of child-placing agencies, religious and nonreligious, maximizes the placement opportunities for children.” The states further noted that “[r]eligious child-placing agencies add to this diversity, and states want to work with organizations motivated by a sense of duty and obligation to help children and those in need.” (Read the states’ brief here).

Forty-three members of Congress joined a brief to emphasize the importance of protecting religious social service providers and to highlight the long national history of religious social service providers helping children and families in need.  A group of non-profits who work with foster agencies and promote religious freedom also filed a brief highlighting the fact that hundreds of religious agencies nationwide serve children and families in need, and that their work could be endangered by Philadelphia’s unreasonable actions.

Catholic Social Services has served Philadelphia children for over 100 years and partnered with the City for the past 50 years to place children in loving homes. The agency also provides resources, training, and guidance for the foster families it supports. Catholic Social Services does this work because of its religious beliefs. Although Catholic Social Services has dozens of open homes available right now, City officials won’t allow any children to be placed in them because they think the agency’s religious beliefs—the same beliefs that inspire it to serve those in need—are outdated and need to change.

“Philadelphia’s actions have left foster parents and religious foster agencies nationwide wondering who’s next,” said Lori Windham, senior counsel at Becket, which is representing Catholic Social Services and three foster families. “We’re grateful for this outpouring of support by those who don’t want to see Catholic, or other successful foster care agencies, punished for following their faith.”

Becket is representing Catholic Social Services, Sharonell Fulton, Cecelia Paul, and Toni Simmons-Busch.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Penn. county seal on trial at Third Circuit

WASHINGTON, D.C. – Lehigh County, Pennsylvania, will be in court on Friday, September 7, defending its official seal from a lawsuit by a militant atheist organization that wants to strip a religious image from the seal despite its historic significance. In FFRF v. Lehigh Countythe Wisconsin-based atheist group Freedom From Religion Foundation sued Lehigh County arguing that the image of a cross on its seal must be removed to avoid establishing Christianity as the official County religion. The sealwhich has been in use for more than 70 years without any controversy, features a cross recalling the County’s early German settlers who fled persecution in their homeland for religious freedom in America, as well as a dozen other images representing important aspects of the County’s rich history and cultureBecket is representing the County before the U.S. Court of Appeals for the Third Circuit, which will decide whether the law requires stripping religious symbols from the public square, despite their historical, cultural, or artistic significance 

What:
Oral Argument in Freedom From Religion Foundation v. Lehigh County

Who:
Eric Baxter, senior counsel at Becket

When:
Friday, September 7, 2018 at 9 a.m. EST

Where:
U.S. Court of Appeals for the Third Circuit
601 Market Street Philadelphia, PA 19106
Maris Courtroom

A Becket attorney will be available for comment immediately following the hearing and will give a statement on Twitter live.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Appeals court upholds “In God We Trust,” affirms “sea change” in law

WASHINGTON, D.C. – A federal appeals court protected religion in the public square today, rejecting an attempt to strip the national motto “In God We Trust” from U.S. coins and bills. New Doe Child # 1 v. The Congress of the United States is atheist activist Dr. Michael Newdow’s most recent loss in a string of cases trying to remove any mention of God in government. Crucial to the Eighth Circuit’s decision was its adoption of Becket’s argument that under a 2014 Supreme Court case, all Establishment Clause rulings must now align with U.S. history on religion in the public square. Becket uniquely raised this argument in a friend-of-the-court brief, after the federal government failed to do so.

The court found that the U.S. Supreme Court’s 2014 decision in Town of Greece v. Galloway “offered an unequivocal directive: ‘[T]he Establishment Clause must be interpreted by reference to historical practices and understandings.” The court recognized that Galloway was “‘a major doctrinal shift’ in Establishment Clause jurisprudence,” one that overrules past case law that would threaten “Government acknowledgments of religions,” such as the National Motto. Previous cases had abandoned objective historical analysis for free-floating judicial tests that led to absurd results.

“The good news is you no longer need to be afraid that the pennies in your pocket are gateway drugs to theocracy,” said Diana Verm, counsel at Becket. “The Court was right to say that the First Amendment does not ban ‘In God We Trust.’ For too long, the country has been stuck in what Justice Gorsuch once described as ‘Establishment Clause purgatory.’ The court’s decision today is a huge step towards setting things right.”

Newdow’s lawsuits have long been fueled by the Lemon test, a notorious legal test that ignores what the Founders considered to be an establishment of religion and invites anti-religious activists to file lawsuits against anything that looks vaguely religious. Lemon has been much reviled by justices, judges, and legal experts for its incoherence and invited hostility toward religion. The Supreme Court’s landmark Galloway decision implicitly rejected Lemon and replaced it with an objective evaluation of our nation’s history.

Yet lower courts have still been using the Lemon test, allowing Newdow to claim that the national motto, which has appeared on U.S. currency since 1864, violates his rights as an atheist. Conspicuously absent from the court’s opinion today was any discussion of Lemon, and the court noted that it was breaking with other federal appeals courts to follow Galloway’s “unequivocal directive.”

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Talk to the hand: Entire Fifth Circuit rejects renewed church intrusion bid

WASHINGTON, D.C. – The Court of Appeals for the Fifth Circuit in New Orleans late yesterday protected the right of religious groups to discuss important religious doctrine free from government interference. In Whole Woman’s Health v. Smith, an abortion group subpoenaed the Catholic church in Texas for access to internal communications regarding abortion. After a three-judge panel of the court protected the church in July, the abortion group demanded a full-court rehearing. The appeals court’s decision yesterday ensures that religious groups are free to discuss important matters of religious doctrine and ministry without fear that government or opposition groups will interfere.

In 2016 Whole Woman’s Health, an Austin, Texas-based abortion facility chain, sued the State of Texas over a state law that would require hospitals and abortion facilities to dispose of aborted human remains by burial or cremation, rather than in a landfill or the sewer, as is currently allowed. Because of the church’s pro-life stance, it offered support to bury or cremate all unborn remains—as an act of ministry. Although the Texas Catholic Conference of Bishops is not part of that lawsuit, the abortion group subpoenaed all communications among the bishops regarding abortion.

“It turns out that suing the Good Samaritan was a bad idea,” said Eric Rassbach, vice president and senior counsel at Becket. “The Church should not have been dragged into this lawsuit solely because it offered free burials for babies. We’re glad the full Fifth Circuit recognized that.”

The Texas Catholic Conference of Bishops is also represented by Steven Levatino and Andrew McRae of Levatino|Pace PLLC in Austin, Texas.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:                                                 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Christian student group beats religious purge—for now

WASHINGTON, D.C. –One week after an InterVarsity Christian Fellowship student group filed a lawsuit against the University of Iowa, the University agreed to temporarily reinstate InterVarsity and all other religious groups that the University had recently deregistered. In InterVarsity Christian Fellowship v. University of Iowa, the Christian student group sued after it and almost 40 other student groups were purged by the University, including the Sikh Awareness Club, the Chinese Student Christian Fellowship, the Imam Mahdi Organization, and the Latter-day Saint Student Association. The agreement obtained by InterVarsity will temporarily reinstate all deregistered religious groups until the end of pending litigation with the University.

InterVarsity had been a part of campus life for decades, welcoming all students as members. But in June, the University abruptly ordered the group to drop its religious leadership standards within two weeks, insisting that the group could not even “strongly encourage” its leaders to embrace its faith. Many other groups faced the same demand. And in late July, the University officially derecognized InterVarsity and almost 40 other groups. But just one week after InterVarsity sued over the mass purge, and just hours after the group warned it would need to file a motion for a temporary restraining order in order to participate in important student organization activities, the University reversed course to allow all religious groups back on campus.

“This win is a win for everyone—Christians, Jews, Muslims, and Sikhs alike,” said Daniel Blomberg, senior counsel at Becket, which is handling the litigation against the University. “Everyone loses when state officials pick who leads students in prayer and worship, and everyone wins when religious students can make those decisions for themselves. Here’s hoping the courts make the University’s temporary patch into a permanent fix.”

InterVarsity is made up and led by a diverse community of multiethnic and international students, and it welcomes all to join as members. As a Christian student group, it hosts Bible studies and worship services, sponsors discussions on important issues, and participates in community service activities such as the Martin Luther King Jr. Day of Service and the Johnson County C.R.O.P. Hunger Walk. Following the end of the school year, the University deemed InterVarsity’s religious leadership requirement “non-compliant” with new school policy, while giving a pass to the leadership and membership restrictions set by other non-religious student groups, such as sports clubs, fraternities, and political organizations.

“As we all prepare to head back to school, we’re excited to know InterVarsity will also be back on campus and part of the community we love,” said Katrina Schrock, student president of InterVarsity Graduate Christian Fellowship. “These last few months have been crazy, but we’re grateful to be able to get back to focusing on meeting and serving the new graduate and professional students in our Hawkeye community.”

The University has only promised to allow religious groups to remain on campus during the pendency of existing litigation. A final decision could come as early as next spring.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Additional Information:                                                   

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Christian student group fights religious purge

WASHINGTON, D.C. – An InterVarsity Christian Fellowship/USA student group at the University of Iowa is fighting for the right to ask its leaders to be Christians. In InterVarsity Christian Fellowship v. University of Iowa, a student group is suing the University after it was kicked off campus for requiring its leaders to agree with its faith. Almost 40 other student groups —including the Sikh Awareness Club, the Chinese Student Christian Fellowship, the Imam Mahdi Organization, and the Latter-day Saint Student Association—were also expelled by the University at the same time. Becket will file the lawsuit today on behalf of InterVarsity, seeking to get the group back on campus in time for the fall semester.

InterVarsity has been a part of campus life for 25 years, welcoming all students as members. But like the over-500 other student groups on campus, it has a distinct mission and asks its leaders to embrace that mission. In June, the University abruptly ordered the group to drop its religious leadership standards within two weeks, stating that leaders could not even be “strongly encouraged” to share its faith. And in late July, after InterVarsity explained why it couldn’t eliminate its leadership standards, the University officially deregistered the group, along with dozens of other religious and ideological student groups.

“We’re grateful to have been part of the University community for 25 years, and we think that the University has been a richer place for having Sikh, Muslim, Mormon, Catholic, Jewish, atheist, and Christian groups,” said Katrina Schrock, student president of InterVarsity Graduate Christian Fellowship. “Because we love our school, we hope it reconsiders and lets religious groups continue to authentically reflect their religious roots.”

InterVarsity’s 25 years on campus include hosting Bible studies and worship services, sponsoring discussions on important issues, and participating in community service activities such as the Martin Luther King Jr. Day of Service and the Johnson County C.R.O.P. Hunger Walk (where it’s been the top fund-raiser in six of the last seven years). The group is made up of a diverse collection of multiethnic and international students, and it welcomes all to join as members. While the University deemed InterVarsity’s religious leadership requirement “non-compliant” with its non-discrimination policy, it has exempted or ignored leadership and membership restrictions set by other student groups, such as sports clubs, fraternities, and political organizations. The University’s action against InterVarsity comes after another religious group’s lawsuit challenged the school’s discriminatory application of its policy.

“If public universities really want to foster an intellectually diverse environment, this isn’t how to do it,” said Daniel Blomberg, senior counsel at Becket, which is representing InterVarsity Christian Fellowship. “Universities should allow students the space to form their own groups that challenge and grow their sincere beliefs. Banning religious groups from having religious leaders just flattens diversity and impoverishes the campus.”

Becket lauds naming of M. Elizabeth Magill as Univ. of Virginia provost

WASHINGTON, D.C. –The University of Virginia announced late Friday that current Stanford Law School Dean M. Elizabeth Magill will become the school’s new provost starting summer of 2019. Magill’s Stanford legacy will include the Religious Liberty Law Clinic that has flourished under her leadership. The Clinic is led by Professor James Sonne and provides law students with hands-on experience in defending religious liberty for people of diverse faiths. Launched in partnership with Becket in 2013, the Clinic has since successfully defended free exercise in a variety of cases including four Sikh truck drivers who faced employment discrimination, Native American inmates who sought to grow their hair according to their faith, a Muslim congregation who fought to build a mosque, a church that was banned from running its homeless ministry and Seventh-Day Adventists who were fired for refusing to work on their Sabbath day.

“Dean Magill is an innovative and thoughtful leader. She ensured Stanford Law’s leadership role in clinical education by promoting intellectual diversity and inclusion, and a strong commitment to civil rights. I look forward to seeing the impact she will have as provost of the University of Virginia,” said Bill Mumma, chairman & CEO of Becket.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Florida rabbi speaks on DOJ religious liberty panel

WASHINGTON, D.C. – Rabbi Ruvi New, head of the Chabad of East Boca Raton, Florida, today discussed Gagliardi v. The City of Boca Raton, the lawsuit that was a part of his congregation’s 10-year battle to build a house of worship, at the U.S. Department of Justice event Religious Liberty: Our First Freedom and Why it Matters. The event highlighted diverse perspectives on religious liberty as experienced by Americans today, including opening remarks by Attorney General Jeff Sessions and addresses by Archbishop Joseph E. Kurtz of the Archdiocese of Louisville and Senator James Lankford of Oklahoma. (Watch footage here).

“America’s promise of religious liberty is deeply personal to me,” said Rabbi Ruvi New, head of the Chabad of East Boca Raton. “My mother fled religious persecution in communist Russia, and my father’s parents escaped Poland just before the Nazis took over. I love it that, in America, we don’t have to run. But we still have work to do to keep the promise alive.”

Rabbi New is the lead rabbi of Chabad of East Boca, an Orthodox Jewish synagogue in Florida that for over ten years faced hostile, well-financed opposition to its plans to build a new house of worship, some of which was driven by admitted anti-Semitism (watch this 4-minute video about the Chabad’s story). After the building was unanimously approved by the City in 2015, two landowners filed a lawsuit in federal court to prevent construction, bizarrely claiming that allowing a synagogue equal rights to build violated the Establishment Clause. They also claimed that building the two-story synagogue would cause “inevitable” floods and prevent emergency vehicles from accessing the area – even though the area is already surrounded by 22-story condos and several strip malls. Becket represented the Chabad in court, defeating the lawsuit twice in the district court and again on appeal earlier this year.

The Chabad has also suffered a string of attacks in recent years. It was vandalized twice: its glass mezuzahs containing sacred scripture were destroyed and stolen, and a glass synagogue door was smashed. And a teenage member of the synagogue was physically assaulted on a public sidewalk and told to “go back to Auschwitz.”

“Rabbi New’s journey to defend his religious freedom is a powerful reminder to all of us that protecting this right for one group ensures religious liberty for people of all faiths,” said Montse Alvarado, executive director of Becket, the religious liberty law firm that represented the Chabad. “I was pleased to see the work of Becket’s courageous clients celebrated at this event—clients in Michigan, Pennsylvania, Florida, and California who are working to live by their deeply held convictions, tackle difficult issues, and find common sense solutions. Feeding the hungry, sheltering the homeless, and helping kids find forever homes should not come at the expense of your religious beliefs.”

While the overwhelming majority of the community supports the Chabad’s right to build, the Chabad still faces opposition to its efforts to build a permanent home.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Philly foster families appeal court ruling

WASHINGTON, D.C. – Several foster families and a foster agency late yesterday appealed a Philadelphia district court ruling that allows a harmful new City policy to target religious foster care agencies and keep at-risk foster children from loving homes. The appeal in Sharonell Fulton, et al. v. City of Philadelphia argues that the City violated both Pennsylvania law and the Constitution in its efforts to shut down a religious foster care agency.

In March, the City put out a call for 300 more homes willing to foster some of the 6,000 children currently in the City’s foster system. Yet shortly after, the City abruptly barred Catholic Social Services, one of the City’s best foster agencies, from placing numerous children with foster parents like Sharonell Fulton, who has fostered over 40 kids in the last 25 years, and Cecelia Paul, who has fostered over 100 children. The City’s policy prohibits Catholic Social Services from placing at-risk children in available homes solely because the City disagrees with the foster agency’s religious beliefs about marriage.

“Catholic Social Services has meant so much to me and to the children I’ve loved and cared for,” said Sharonell Fulton, a single mother who has fostered over 40 children through the agency. “I don’t understand why the city is threatening to shut down the agency that has given hope and a family to so many children.” (Read her Op-ed online.)

A hearing last month revealed that the City’s policy is directly motivated by religious hostility, and that high-ranking City officials have criticized Catholic Social Services’ religious beliefs. This discriminatory policy has caused devastating problems for at-risk children. Although Catholic Social Services has dozens of open homes available right now, City officials won’t allow any children to be placed in them because they think the agency’s religious beliefs, which drive its mission to help children, are outdated and need to change.

Catholic Social Services has served Philadelphia for over 100 years, and partnered with the City for the past 50 years, to place children in loving homes. The agency also provides resources, training, and guidance for the foster families it works with. Catholic Social Services does this work because of its religious beliefs.

“Foster children deserve loving homes, and foster parents like Ms. Paul have been waiting with open arms to welcome them,” said Lori Windham, senior counsel at Becket, which is representing Catholic Social Services and three foster families. “But the trial court allowed the City to continue its harmful policy – a decision we expect to change with this appeal.”

Becket is representing Catholic Social Services, Sharonell Fulton, Cecelia Paul, and Toni Simmons-Busch.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Fifth Circuit protects Texas Catholic bishops from prying by abortion group

WASHINGTON, D.C. – The Fifth Circuit federal appeals court permanently blocked an order yesterday evening that would have forced Catholic bishops in Texas to hand over internal communications on religious doctrine to an abortion facility. The decision protects religious leaders from intrusive government burdens on internal church affairs, including being forced to turn over discussions regarding church doctrine and ministry.

In 2016 Whole Woman’s Health, an Austin, Texas-based abortion facility chain, sued the State of Texas over a state law that would require hospitals and abortion facilities to dispose of aborted human remains by burial or cremation, rather than in a landfill or the sewer, as is currently allowed. Although the Texas Catholic bishops are not part of that lawsuit, Whole Women’s Health recently demanded to see all communications among the bishops regarding abortion, simply because the church offered space in Catholic cemeteries to bury aborted human remains. Last night the court ruled that Whole Women’s Health’s demands were far beyond what the law allows.

The Court found that the bishops’ claims “go to the heart of the constitutional protection of religious belief and practice as well as citizens’ right to advocate sensitive policies in the public square.” The Court also stated that the abortion facilities’ efforts against the bishops “looks like an act of intimidation,” placing the bishops’ conference in a “‘Hobson’s choice’ of retreating from the public square or defending its position.” In concurrence, Judge Ho worried that this might be indicative of an effort “to retaliate against people of faith for not only believing in the sanctity of human life—but also for wanting to do something about it.”

“Letting trial lawyers put religious leaders under constant surveillance doesn’t make sense for Church or State,” said Eric Rassbach, vice president and senior counsel at Becket. “The Court was right to nip this abuse of the judicial process in the bud.”

The Catholic Church has a well-known pro-life stance. In line with these beliefs, the Texas Catholic Conference of Bishops, who oversee hundreds of parishes in Texas, have worked with hospitals and families for many years to provide burial for unborn remains. When the State of Texas passed a law requiring all hospitals and abortion clinics to bury or cremate all unborn remains, the bishops offered support—as an act of ministry.

But in March 2018, two years after Whole Women’s Health sued the state to stop the fetal remains law, the abortion group subpoenaed the bishops, demanding they hand over all communications they have had about abortion. The bishops handed over more than 4,000 pages of communications with outside groups but stood their ground when it came to private religious deliberations among the bishops and their staff. They argued that churches should be free to lend support to public initiatives without the fear that they will be forced to hand over private, internal communications, especially on matters of ministry and theology. The Fifth Circuit agreed that the privacy of religious communications between leaders is important to religious liberty.

“We are grateful for the Court’s ruling,” stated Bishop Brendan Cahill, bishop of Victoria, Texas. “We believe it will protect religious freedom not just for Catholics, but for Americans of all faiths.”

The Texas Catholic Conference of Bishops is also represented by Steven Levatino of Levatino|Pace PLLC in Austin, Texas. Amicus briefs supporting the bishops were filed by the Jewish Coalition for Religious Liberty, the Ethics & Religious Liberty Commission of the Southern Baptist Convention, and the United States Conference of Catholic Bishops, among others.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Michigan Governor, Attorney General defend student religious freedom

WASHINGTON, D.C. – Michigan Governor Richard Snyder and Attorney General Bill Schuette have sided with the student group InterVarsity Christian Fellowship in its fight to continue serving its campus community, stating that Michigan universities must respect the rights of religious student groups to choose their own leaders. The announcement comes as a blow to Detroit-based Wayne State University in InterVarsity Christian Fellowship v. Wayne State University, where the University claims InterVarsity cannot choose leaders who agree with its faith, even though the University lets more than 90 other student groups choose their leaders.  

In March, after being kicked out by Wayne State, InterVarsity sued the University as well as the Michigan Attorney General and Governor to defend its right to remain a part of the campus community it has served for over 75 years. Since the Attorney General and Governor have now acknowledged that state universities may not punish religious student groups for selecting religious leaders, InterVarsity late yesterday dropped its lawsuit against them.  

“This is a great day for religious freedom and free speech in Michigan,” said Lori Windham, senior counsel at Becket, which represents the student group. “Governor Snyder and Attorney General Schuette have recognized that state universities can’t discriminate against religious student groups. We hope Wayne State will take notice.”  

InterVarsity welcomes all students to join as members and only requires that its leaders agree with its faith. But in late 2017, Wayne State kicked the group off campus, canceled the group’s reserved meetings, and forced it to pay thousands to continue holding Bible studies on campus—all because it disagreed with InterVarsity’s leadership requirement. After the student group filed a lawsuit, represented by Becket, the University let the group back on campus. But the University is now asking the court for the power to keep its old, discriminatory policy. The court is set to decide soon whether Wayne State violated InterVarsity’s rights.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Foster families to court: Don’t let ACLU take away kids’ futures

WASHINGTON, D.C. – Shamber Flore, a former foster child, and several foster families were in Michigan court today to fight back against the ACLU’s efforts to shut down the adoption programs that brought their families together (watch Twitter Live statement here). In Dumont v. Lyon, the ACLU is suing the State of Michigan to end its partnerships with religious adoption agencies, threatening the futures of thousands of foster children who desperately need homes. Today’s hearing will decide whether religious adoption agencies can continue doing what they do best: uniting children with loving families. 

Each year 600 youth age out of Michigan’s foster care system, and are more likely to end up in poverty, without an education, and back on the streets. With nearly 13,000 children in Michigan foster care, and not enough families to take them in, the State relies on private agencies like St. Vincent Catholic Charities, which last year successfully recruited more new adoptive families than nearly 90 percent of the other agencies in its service area. St. Vincent is also particularly good at placing sibling groups, older children, and children with special needs (watch video here). 

“St. Vincent rescues children from the most vulnerable, most disadvantaged backgrounds like mine and gives them a chance to be part of a loving family and have a normal, healthy, happy childhood,” said Shamber Flore, a former foster child who found her adoptive family through St. Vincent. “We can’t let the ACLU take that away.” 

Last year the ACLU sued the State of Michigan to forbid the state from partnering with faith-based adoption agencies like St. Vincent solely because of their religious beliefs about marriage, even though St. Vincent cares for children regardless of their race, ethnicity, religion, sexual orientation, or gender identity, and its beliefs have never prevented a child from being placed in a loving home. In fact, gay couples working with other agencies have been able to adopt children in St. Vincent’s care in the past and the ACLU’s clients live closer to four other foster and adoption agencies that would have helped them adopt. Yet instead of going to one of those agencies they have gone out of their way to try and shut down St. Vincent.  

“ACLU is trying to punish St. Vincent because of its beliefs but the only casualties from its needless lawsuit are the kids,” said Stephanie Barclay, counsel at Becket, which represents the foster families and St. Vincent Catholic Charities. “Shutting down one of the most effective adoption agencies in the city helps no one and instead hurts thousands of vulnerable children.”  

“We couldn’t have adopted without the support of St. Vincent,” said Melissa Buck, a mother of five children with special needs adopted through St. Vincent. “And we continue to rely on vital support services St. Vincent provides to this day. If these programs were shut down, it would be devastating for our family.”  

Becket is defending St. Vincent Catholic Charities, Shamber Flore and Melissa and Chad Buck in this case against the ACLU’s lawsuit. A new website highlights the foster care crisis in Michigan and the harm the ACLU’s lawsuit will cause for thousands of children. A decision is expected by the end of August.  

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

Foster families in court to defend agency that brought them together

WASHINGTON, D.C. – Shamber Flore, a former foster child, and several foster families will be in court on Thursday, July 12, to stand up for Michigan’s vulnerable foster children. In Dumont v. Lyon, the ACLU is trying to stop the state of Michigan from working with private religious adoption agencies because they run their programs based on their religious beliefs. At the hearing, the court will decide whether religious adoption agencies can continue doing what they do best: uniting children with loving families (watch video here).

With nearly 13,000 children in Michigan’s foster care system, and not enough families to take them in, the State relies on private agencies like St. Vincent Catholic Charities to help place foster children in desperate need of homes. Becket is defending St. Vincent Catholic Charities, Shamber Flore, who was adopted as a foster child through St. Vincent in 2005, and Melissa and Chad Buck, parents of five children with special needs adopted through St. Vincent. 

What:
Oral Argument in Dumont v. Lyon 

Who:
Stephanie Barclay, counsel at Becket
Shamber Flore
Melissa Buck 

When:
Thursday, July 12, 2018 at 10:00 a.m. EST 

 Where:
U.S. District Court for the Eastern District of Michigan
231 W. Lafayette Boulevard, Detroit
Room 737  

A Becket attorney will be available for comment immediately following the hearing and Twitter live. 

For more information or to arrange an interview, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

Additional Information: 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Historic church goes to court to defend right to choose its pastor

WASHINGTON, D.C. – Sixth Mount Zion Baptist Church of Pittsburgh, a historic church founded in the late 1800s and located in one of the City’s poorest communities, will be in federal appellate court next Thursday, July 12, to defend its right to choose its own religious leaders free from government interference. In Lee v. Sixth Mount Zion Baptist Church, the small African American congregation is facing a $2.6 million lawsuit from its former pastor, Rev. David Lee, who was fired after worship attendance plummeted and church expenses doubled under his leadership. A federal trial court previously rejected Rev. Lee’s lawsuit, protecting the church’s right to choose its own leaders under Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a case Becket won at the Supreme Court in 2012. Rev. Lee appealed to the U.S. Court of Appeals for the Third Circuit. The appeal will be the first time since Hosanna-Tabor for the Third Circuit to consider the First Amendment right of churches to select their ministers.

What:
Oral Argument in Lee v. Sixth Mount Zion Baptist Church

Who:
Daniel Blomberg, senior counsel at Becket

When:
Thursday, July 12, 2018 at 9:30 a.m. EST

Where:
U.S. Court of Appeals for the Third Circuit
601 Market Street, Philadelphia, PA, 19106

A Becket attorney will be available for comment immediately following the hearing a Twitter Live statement.

For more information or to arrange an interview, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

New evidence: Philly engaged in discrimination that hurts foster kids

WASHINGTON, D.C. – Following a three-day court hearing, Philadelphia-based foster families urged the court last night to end the City’s harmful decision that is currently keeping foster children from loving homes. In Sharonell Fulton, et al. v. City of Philadelphia, the City barred one of the best foster agencies, Catholic Social Services, from placing children with foster families, solely because of the agency’s religious beliefs about marriage. The City’s actions are denying children homes and preventing loving foster parents from caring for kids.

Last week’s hearing revealed that the City’s policy is directly motivated by religious hostility toward Catholics. This discriminatory policy has caused devastating problems for at-risk children. Although Catholic Social Services has 35 open homes available right now, City officials won’t allow any children to be placed in them because they think the agency’s religious beliefs, which drive its mission to help children, are “outdated” and “need to change.” Becket filed a brief last night defending foster children, families, and Catholic Social Services from the City’s religious discrimination. Becket will hold a press call this afternoon to discuss evidence from the three-day hearing and the pending decision.

What:
Press Call in Sharonell Fulton et. al. v. City of Philadelphia 

Who:
Lori Windham, senior attorney at Becket

When:
Friday, June 29, 2018, at 1:00 PM EST

Where:
888-670-9385 | Pin #: 54523

Email questions to media@becketlaw.org

 For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Supreme Court protects Calif. pregnancy centers’ free speech

WASHINGTON, D.C. – Moments ago, the U.S. Supreme Court ruled 5-4 protecting a pregnancy center’s right to serve women and children according to their religious mission. In National Institute of Family and Life Advocates (NIFLA) v. Becerra, the pregnancy centers pushed back against a 2015 California law that targeted pro-life clinics, forcing them to advertise messaging regarding abortion and contraceptive services that undermined their mission.

The following statement can be attributed to Mark Rienzi, president of Becket, a non-profit religious liberty law firm that protects people of all faiths, which filed a friend-of-the-court brief supporting NIFLA:

“The Supreme Court ruled 5-4 that both sides of a debate matter, and the government cannot silence one side’s speech just because it may be unpopular. Crisis pregnancy centers like NIFLA serve women and children according to their religious mission, and California should respect that. This ruling proves that when it comes to important issues, the government doesn’t get to tell people what to believe, and it also doesn’t get to tell people what to say about it.”

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here).

Appeals court rules for Texas bishops in privacy dispute

AUSTIN, TEXAS – Late yesterday a federal appeals court suspended a trial judge’s order that would have forced the 23 Roman Catholic bishops in Texas to hand over their emails and other private religious communications to an abortion facility. The Texas Catholic Conference of Bishops had appealed an Austin-based federal trial court’s order issued Sunday afternoon giving the bishops just 24 hours to hand over private documents they say are protected by the Constitution.

Two years ago, Whole Woman’s Health, an abortion facility chain based in Austin, Texas, sued the State of Texas over a state law requiring abortion facilities to dispose of aborted human remains by burial or cremation, rather than in a landfill. The Texas Catholic Conference of Bishops is not a party to that lawsuit. Nevertheless, earlier this year Whole Woman’s Health sought access to decades of the Catholic bishops’ communications regarding the topic of abortion, including internal communications regarding moral and theological deliberations among the bishops. The move was apparently related to the bishops’ decision to allow free burial of aborted fetal remains in Catholic cemeteries throughout the state. After the federal district court upheld the facilities’ demand for internal emails and documents, the bishops requested emergency protection of their internal religious communications from the federal Fifth Circuit Court of Appeals, which is headquartered in New Orleans. Yesterday that court halted the lower court’s order until it can consider arguments on the important constitutional issues at stake.

“In an age where Facebook watches our every move, privacy is more important than ever,” said Eric Rassbach, vice president and senior counsel at the Becket Fund for Religious Liberty, which represents the bishops. “Government should not have unbounded power to insert itself into the private conversations of any group, much less the leadership of the Catholic Church. Constant surveillance of religious groups is a hallmark of totalitarian societies, not a free people.”

The Fifth Circuit also ordered the parties to submit additional briefs to the court by Monday, June 25. While the bishops have already handed over thousands of communications with outside groups, it would gravely interfere with the functioning of their ministry to have to hand over all their private internal religious deliberations as well.

“In our ministry we stand for the marginalized, the poor, and the vulnerable,” said Daniel Cardinal DiNardo, Archbishop of Galveston-Houston. “But we cannot act on our faith and religious convictions as effectively if we have to give up our ability to deliberate in private as the price of admission to the public square.”

The Texas Catholic Conference of Bishops is also represented by Steven Levatino of Levatino|Pace PLLC in Austin, Texas.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Additional Quotes available for use:

The following may be attributed to Archbishop Gustavo García-Siller, archbishop of the Roman Catholic Archdiocese of San Antonio: “God calls us to reason together as we work to protect human dignity, and that is what my brother bishops and I must often do in order to carry out our mission of service to both our Church and our communities. We are grateful for the court’s ruling yesterday and hope for a common-sense resolution.”

The following may be attributed to Bishop Edward J. Burns, bishop of the Roman Catholic Diocese of Dallas: “The bishops of Texas, and indeed everyone throughout the United States, are gravely concerned about the plight of immigrant children being tossed aside and separated from their mothers at our southern border, yet we are also having to answer to a lawsuit regarding our concerns for aborted children being tossed into a landfill.  From my perspective, the similarities of these stories are striking. It is an outrage to have children taken from their mothers and tossed aside without any real regard for their needs or human dignity. Children are not disposable. We believe that life is sacred from the moment of conception. We also believe that we have a right to discuss in private how to address this issue and uphold the dignity of every human life, and that while upholding the sacredness of life may seem at odds with some people, our religious liberties and religious rights should not be eroded.”

The following may be attributed to Bishop Joe S. Vásquez, bishop of the Roman Catholic Diocese of Austin: “As bishops we have not just a right but a duty to speak out on issues that concern justice, mercy, and a consistent ethic on life. But if we bishops are to speak with one voice, we must be able to deliberate with one another privately to reach a consensus. That is why the court’s protection is so vital for our Church.”

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Philadelphia families, foster agency to fight back

WASHINGTON, D.C. –Philadelphia-based foster families will be in court Monday fighting to end a new City of Philadelphia policy that is currently leaving numerous foster homes empty. In Sharonell Fulton, et al. v. City of Philadelphia, the City issued a new policy barring Catholic Social Services from placing children with foster families, solely because the City disagrees with the agency’s religious beliefs. That policy is causing serious problems for foster kids and families, and Catholic Social Services has asked a court for an urgent ruling by June 30.

In March, the City of Philadelphia issued an urgent call for 300 new foster parents to provide loving homes for some of the over 6,000 kids in Philadelphia foster care. That same month, the City abruptly barred Catholic Social Services, one of the city’s top-rated foster agencies, from placing children with foster parents like Sharonell Fulton, who has fostered over 40 kids in the last 25 years. This decision makes it exponentially harder for hundreds of children in need of foster care to find homes. Represented by Becket, Sharonell Fulton, Cecelia Paul, Toni Simms-Busch, and Catholic Social Services are asking the court to halt the City’s harmful policy and allow kids to be placed in a loving home.  

What: 
Oral Argument in Sharonell Fulton et. al. v. City of Philadelphia  

Who: 
Lori Windham, senior attorney at Becket
Philadelphia foster families 

When: 
Monday, June 18 at 2:00 p.m. EST
(arguments are expected to go three hours)  

Where: 
U.S. District Court
601 Market St., Philadelphia, Pa. 

An attorney will be available for comment following the hearing.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Wayne State attacks religious group—again

WASHINGTON, D.C. – For the second time in three months a Christian student group is fighting for its right to continue serving at the same campus it has been on for over 75 years.   

In InterVarsity Christian Fellowship v. Wayne State University, an InterVarsity Christian Fellowship student group is asking the court to protect its right to continue being a part of the campus community at Michigan-based Wayne State University. Wayne State claims the Christian group is breaking the rules by asking its leaders to share its faith, even though it lets more than 90 other student groups choose their own leaders. Now the University is asking a federal court to give it the power to kick the group off campus any time. 

“Wayne State allows 90 student groups to make their own rules for leaders—everyone from fraternities to the Quidditch Club,” said Lori Windham, Senior Counsel at Becket, which represents the student group. “But Wayne State can’t wave a magic wand and make the Constitution disappear. Christian student groups have the same rights as everyone else.”  

InterVarsity welcomes all students to join as members and only requires that its leaders agree with its faith. But in late 2017, Wayne State kicked the group off campus, canceled the group’s reserved meetings, and forced it to pay thousands to continue holding Bible studies on campus—all because it disagreed with InterVarsity’s leadership requirement. After the student group filed a lawsuit, represented by Becket, the University let the group back on campus. But the University is now asking the court for the power to kick the group off campus.  

The University’s actions ignore the rich history of InterVarsity’s student group at Wayne State, which is one of the oldest chapters in the country. The group has held weekly Bible studies and organized service opportunities on campus for over 75 years, including repairing buildings in downtown Detroit and serving at the local food pantry. The student group is asking the court to permanently protect its ability to be a part of and continue serving the Wayne State community.  

“Wayne State’s actions threaten not just InterVarsity but all the religious groups who depend on student leaders who share their faith,” said Windham.     

Becket filed two briefs seeking a permanent fix to the school’s discriminatory policy, which also highlights a list of more than 90 groups who are allowed to choose leaders who agree with them, while InterVarsity is not.   

 For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Supreme Court protects Masterpiece baker’s religious liberty

WASHINGTON, D.C. – Moments, ago, the U.S. Supreme Court ruled 7-2 in Masterpiece Cake Shop v. Colorado Civil Rights Commission for Jack Phillips, a Colorado-based Christian baker who had declined to create a cake for a same-sex wedding ceremony. The Justices ruled that the Free Exercise Clause of the Constitution protects Phillips from unfair treatment of his religious beliefs.

The following statement can be attributed to Mark Rienzi, president of Becket: 

“The Court has said 7-2 that the Constitution requires us all to try and get along. There is room enough in our society for a diversity of viewpoints, and that includes respecting religious beliefs too. The decision is a strong message to governments across the country that they must respect–rather than punish–religious diversity on important issues.”  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Rabbi Dr. Meir Soloveichik awarded religious liberty’s highest honor

NEW YORK – Rabbi Dr. Meir Soloveichik, Orthodox rabbi and spiritual leader of the oldest Jewish congregation in the U.S., received the Canterbury Medal for his public defense of religious liberty last night at Becket’s Canterbury Medal Gala. The Canterbury Medal is Becket’s highest honor and recognizes an individual who has demonstrated courage and commitment to defending religious liberty for people of all faiths. Becket also honored law firm Baker Botts with the Legal Service Award for its pro bono work protecting religious liberty for Native Americans.  

“Today in America people of faith inspire each other, sustain each other, so that an alliance over religious freedom can form – without diminishing our religious differences – a fellowship,” said Rabbi Dr. Meir Soloveichik, the 2018 Canterbury Medalist.  (Speech Transcript and Video)

A descendant of a long line of renowned Orthodox rabbis, Rabbi Dr. Meir Soloveichik is the spiritual leader of Shearith Israel, the oldest Jewish congregation in the United States, founded in 1654. An advocate for the Jewish faith and religious freedom, Rabbi Soloveichik works tirelessly alongside religious leaders of diverse faiths to strengthen interfaith relations in America. He also holds a Ph.D. in religion from Princeton, serves as director of the Zahava and Moshael Straus Center for Torah and Western Thought at Yeshiva University, lectures in a wide range of public forums, and has been published extensively including in The Wall Street JournalThe Forward, and the New York Times. 

This year’s Legal Service Award winner, Baker Botts, has donated hundreds of hours of attorney time to advocate for equal treatment of religious people in public life. Among other cases, Baker Botts represented members of the Lipan Apache Tribe of Texas in a lawsuit against the federal government after an undercover agent raided the tribe’s powwow and confiscated their sacred eagle feathers. Baker Botts also represented the Roman Catholic Archdiocese of Galveston-Houston in a brief supporting Becket’s case seeking equal access to FEMA funds for houses of worship following natural disasters. 

“As the leader of a prominent congregation, Rabbi Dr. Meir Soloveichik has worked side-by-side with leaders of diverse faiths to preserve religious liberty for all. He has rightly earned this year’s Canterbury Medal. I am confident his work as a defender for religious liberty has just begun,” said Bill Mumma, CEO and Board Chairman of Becket. 

The Canterbury Medal draws its name from one of history’s most dramatic religious liberty standoffs, which occurred between Archbishop of Canterbury Thomas à Becket, the law firm’s namesake, and King Henry II of England. The annual Canterbury Medal Gala to honor the medalist is a black-tie event held at the Pierre Hotel in New York and is attended by the world’s most distinguished religious leaders and religious liberty advocates.  

Past medalists include the late Nobel Peace Laureate and Holocaust survivor Elie Wiesel, Cuban poet and former political prisoner Armando Valladares, Supreme Knight of the Knights of Columbus Carl Anderson, New York Times bestselling author and radio host Eric Metaxas, Learned Hand Law Professor Mary Ann Glendon of Harvard, Elder Dallin H. Oaks of The Church of Jesus Christ of Latter-day Saints, and Executive Vice President of the Federalist Society Leonard Leo. Roger Hertog, president of the Hertog Foundation and chairman of the Tikvah Fund, and Dr. Josephine Templeton, trustee of the John Templeton Foundation, served as co-chairs of this year’s Canterbury Medal Gala.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

Rabbi Dr. Meir Soloveichik receives the Canterbury Medal, Becket’s highest honor

WASHINGTON, D.C.  Rabbi Dr. Meir Soloveichik will be honored with the 2018 Canterbury Medal, religious liberty’s highest honor, at Becket’s annual black-tie Canterbury Medal Gala  Thursday May 24, 2018, 6 p.m. at the Pierre Hotel in New York. In 2013 he was named the spiritual leader of Shearith Israel, the oldest Jewish congregation in the U.S. He is an esteemed scholar of Jewish theology, religious philosophy, and the American Founding, holding a Ph.D. in religion from Princeton, and serves as director of the Zahava and Moshael Straus Center for Torah and Western Thought at Yeshiva University. Soloveichik is an eloquent and ardent advocate for religious liberty for all faiths. He has worked alongside Catholic, LDS, and Muslim leaders to strengthen interfaith relations and to protect religious higher education.

Becket will also honor the law firm Baker Botts with the annual Legal Service Award for its indispensable pro bono work obtaining justice for members of the Lipan Apache Tribe of Texas after federal agents raided their powwow and confiscated their sacred eagle feathers.

The Canterbury Medal draws its name from one of history’s most dramatic religious liberty standoffs, which occurred between Archbishop of Canterbury Thomas à Becket, the law firm’s namesake, and King Henry II of England. Roger Hertog, president of the Hertog Foundation and chairman of the Tikvah Fund, and Dr. Josephine Templeton, trustee of the John Templeton Foundation, will serve as co-chairs of this year’s Canterbury Medal Gala.

What:
Becket’s Canterbury Medal Gala

Who:
Rabbi Dr. Meir Soloveichik, the 2018 Canterbury Medalist

When:
May 24, 2018 at 6:00 p.m.

Where:
The Pierre Hotel
2 E 61st St, New York, NY 10065

For more information or to arrange an interview with a Becketattorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224.

Becket names Baker Botts 2018 Legal Service Award Winner

WASHINGTON, D.C. – Baker Botts L.L.P. will receive Becket’s 2018 Legal Service Award for outstanding contributions to religious liberty. For years, Baker Botts has donated hundreds of hours of attorney time to advocate for equal treatment of religious people in public life. Among other cases, Baker Botts has represented members of the Lipan Apache Tribe of Texas in a lawsuit against the federal government after an undercover agent raided the tribe’s powwow and confiscated their sacred eagle feathers. Baker Botts also represented the Roman Catholic Archdiocese of Galveston-Houston in a brief supporting Becket’s case seeking equal access to FEMA funds for houses of worship following natural disasters. Baker Botts will be presented with the award at Becket’s annual Canterbury Medal Gala this Thursday, May 24 in New York.

Baker Botts’ pro bono work was invaluable in a ten-year battle to restore sacred eagle feathers confiscated by the U.S. Fish and Wildlife Service after it raided a Lipan Apache powwow in 2006. In 2016 the federal government entered a historic settlement agreement with Pastor Soto and over 400 members of his congregation. The agreement recognizes the members’ right to freely use eagle feathers in observance of their Native American faith and promises that the government will reconsider its policies for enforcing feather restrictions in the future (watch video).  

“Baker Botts’ commitment to defending religious liberty for all has been exemplary,” said Mark Rienzi, president of Becket. “Its work on behalf of people of various faiths, including Christians, Hindus, Muslims, Native Americans, and others, demonstrates a fundamental commitment to civil rights. Baker Botts richly deserves the Legal Service Award.” 

Baker Botts has had a long history of defending religious liberty, representing a wide variety of religious groups—Christian, Hindu, Muslim, Native American, and others—in litigation at the United States Supreme Court and other courts. Just months ago, Baker Botts represented the Archdiocese of Galveston-Houston in Becket’s successful effort to secure equal access to FEMA disaster relief funds for churches, synagogues, and other houses of worship (watch video).  

“We are honored to be recognized in this way,” said Michael Bennett, a partner at Baker Botts, and counsel in the eagle feathers and FEMA cases. “Baker Botts is proud of its pro bono efforts to support the fundamental right of religious freedom for all Americans.”

Each year Becket honors a legal partner with the Legal Service Award, which is presented as part of the Canterbury Medal Gala in New York. Prior recipients of Becket’s Legal Service Award include McDermott Will & Emery LLP for their work on behalf of Sikhs in the military, Proskauer Rose LLP for work protecting the Amish community, Locke Lord LLP for representing the Little Sisters of the Poor, and Paul Clement, now at Kirkland & Ellis, for his work in the Hobby Lobby litigation.

The Canterbury Medal Gala is a black-tie event held at the Pierre Hotel in New York attended by the world’s most distinguished religious leaders and religious liberty advocates. This year’s Canterbury Medal winner is Rabbi Dr. Meir Soloveichik, renowned religious leader of the oldest Orthodox synagogue in America, esteemed scholar, and defender of religious liberty. 

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

BREAKING: Philly foster families ask court to stop City from shutting down critical foster care services

WASHINGTON, D.C. – Sharonell Fulton and other foster parents asked a Philadelphia court late yesterday to end a new City policy that is leaving foster homes sitting empty while the City is in a foster care crisis. In Sharonell Fulton, et al. v. City of Philadelphia, the City must answer for its decision to stop allowing Catholic Social Services to place children in foster homes, solely because the City disagrees with the agency’s religious beliefs – a decision the City is threatening to make permanent on June 30.

In March, the City of Philadelphia issued an urgent call for 300 new foster parents to provide loving homes for some of the over 6,000 kids in Philadelphia foster care. That same month, the City abruptly barred Catholic Social Services, one of the city’s top-rated foster agencies, from placing children with foster families. This decision makes it exponentially harder for hundreds of children in need of foster care to find homes. Foster homes are sitting empty, even as the city begs for more families to help in its foster care crisis.

“What justice is there in taking stable, loving homes away from children? If the City cuts off Catholic Social Services from foster care, foster moms like me won’t have the help and support they need to care for special-needs kids,” said Sharonell Fulton, a foster mother. “I have relied on Catholic Social Services for support for years, and the City is taking away this help and causing harm and heartache to countless families like mine.”

Sharonell has been a foster parent for over 25 years and has opened her home to over 40 children, including two children currently in her care. She strives to provide a loving, stable home and treat each child as if they were her own. To do that, Sharonell relies on Catholic Social Services’ help, including around-the-clock support and access to information and resources.

Catholic Social Services and the Archdiocese of Philadelphia have been serving children throughout Philadelphia for over a century. Their Catholic mission drives them to find loving homes for all children in their care, regardless of the child’s race, color, sex, religion, sexual orientation or gender identity. Catholic Social Services currently serves over 100 children in foster homes. No family or individual has ever complained that the agency’s Catholic mission prevented them from fostering or adopting a child.

“For a city with so much history, the people in charge have a pretty short memory,” said Lori Windham, senior counsel at Becket, which represents the families, children and Catholic Social Services. “For a century, Catholic Social Services has been serving children in Philadelphia. Those children are the ones hurt by the City’s actions.”

Sharonell Fulton, Cecelia Paul, Toni Simms-Busch, and Catholic Social Services are represented by Becket, and have asked the court to halt the City’s harmful policy. A hearing is expected later this year.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

 

Court to decide fate of historic Pensacola cross

WASHINGTON, D.C. – The city of Pensacola, Florida, was in court today defending a historic World War II-era landmark from an atheist group suing to tear it down. In Kondrat’yev, et al v. City of Pensacola, the city of Pensacola, represented by Becket, appealed to the U.S. Court of Appeals for the Eleventh Circuit to preserve a 77-year old cross located in a public park after a lower court ordered its removal.

The cross was placed in Pensacola’s 28-acre Bayview Park in 1941 by a local community service group as the U.S. prepared to enter World War II. For decades, the cross has been the site of numerous community events, including Veterans Day and Memorial Day services, and is one of over 170 other displays in Pensacola’s parks. Together, these displays tell the story of the city’s rich history and culture.

“Religious symbols aren’t like graffiti that the government should erase as soon as someone complains,” said Luke Goodrich, vice president and senior counsel at Becket, a non-profit religious liberty law firm representing the city. “The Constitution allows the government to recognize the significant role of religion in our nation’s history and culture.”

In 2016, the American Humanist Association sued the city on behalf of four individuals who said the cross was offensive. Two of those people live in Canada; the third lives outside the city; and the fourth has used the cross for his own “satanic purposes.” Last year, a federal judge ruled that the cross violated the Constitution’s Establishment Clause and must be torn down. However, the ruling relied on the notorious Lemon test, which the Supreme Court has rejected as inconsistent with the historical meaning of the Constitution.

The city has received a groundswell of support from fourteen states, five major Jewish groups, and an association of attorneys representing cities across the country. The broad coalition of religious and secular groups filed several friend-of-the-court briefs urging the court to protect the 77-year-old landmark from being torn down.

“Pensacola is proud of the pivotal role it has played in American history – and we should be free to celebrate that history,” said Ashton Hayward, mayor of Pensacola. “The cross was erected by local Pensacolans who wanted to come together on the eve of World War II, and it continues to serve as a reminder of our city’s rich history and culture.”

A decision is expected by the court in late summer.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Historic Florida cross heads back to court

WASHINGTON, D.C. – The city of Pensacola, Florida, will be in court today defending a historic cross in a city park from an atheist lawsuit demanding the cross be torn down. In Kondrat’yev, et al v. City of Pensacola, the city of Pensacola is appealing to the U.S. Court of Appeals for the Eleventh Circuit to protect the 77-year-old cross, which was placed in the city’s Bayview Park in 1941 by a local community service group as the U.S. prepared to enter World War II.

For decades, the cross has been the site of numerous community events, including Veterans Day and Memorial Day services, and today it stands as a symbol of the city’s history and culture along with over 170 other displays in Pensacola’s parks. But in 2016, the American Humanist Association sued the city of Pensacola on behalf of four people – two of whom reside in Canada – who said the cross was “offensive.” Last year a lower court recognized that the Founding Fathers would have “found this lawsuit absurd,” but still ruled that the cross must be torn down. The city, represented by Becket, appealed, arguing that the Constitution does not require the government to strip every religious symbol from the public square (watch this short video to find out why).

What:
Oral Argument in Kondrat’yev, et al v. City of Pensacola

Who:
Luke Goodrich, vice president and senior counsel at Becket
Ashton Hayward, Pensacola mayor

When:
Today, May 16, 2018 at 9:00 a.m. EST

Where:
U.S. Court of Appeals for the Eleventh Circuit
Courtroom 339
56 Forsyth St., N.W., Atlanta, Ga., 30303

Becket attorney and Pensacola mayor will provide statements and be available for comment after the hearing.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Boca Chabad now 3-0 vs. discriminatory lawsuit

WASHINGTON, D.C. –A Florida Jewish congregation again defeated a discriminatory lawsuit attempting to block them from building a house of worship. Late yesterday, in Gagliardi v. The City of Boca Raton, Florida, the U.S. Court of Appeals for the Eleventh Circuit protected the Chabad of East Boca Raton’s ability to build a new synagogue for the Chabad’s congregation (watch this video about the Chabad’s experience). The ruling rejects a bizarre lawsuit that tried to outlaw equal treatment of minority faiths in Boca Raton, Florida

Opposition to the Chabad’s right to build started in 2007 while the Chabad searched for land and worked to get building permits. Shortly after the city of Boca Raton granted the Chabad a building permit in 2015, two landowners sued the city, claiming that the city had somehow established Judaism as the city’s official religion. But the city was simply following a federal civil rights law that required equal access for all religious groups. After losing twice in federal district court, the landowners prolonged the battle against the Chabad by appealing to the Eleventh Circuit, which ruled that the lower court “properly dismissed the case.”

“We’re grateful that the courts and community have protected our congregation’s ability to be here in Boca Raton, just like every other house of worship,” said Rabbi Ruvi New, head of the Chabad of East Boca Raton. “After ten years of waiting, we are eager to have the chance to build our synagogue in the city we call home.”

For over ten years, the Chabad faced hostile, well-financed opposition that resulted in a federal lawsuit claiming that allowing the synagogue to be built would be a violation of the Constitution’s Establishment Clause. But the city was obeying the Religious Land Use and Institutionalized Persons Act, a federal law that requires equal access for all faith groups. The two landowners also oddly claimed that building the 2-story synagogue would cause traffic problems and flooding, though they had no concerns with nearby strip malls, 7-11s, and even 22-story condos. And even after the initial building plan that the landowners objected to was withdrawn, the landowners continued to press for a ruling that would absolutely bar the Chabad’s chance to build.

In response to the discriminatory lawsuit, local leaders, constitutional scholars, and national and international groups filed friend-of-the-court briefs in support of the Chabad. Professor Alan Dershowitz of Harvard Law School slammed the years of ‘virulent and ugly’ anti-Semitism suffered by the Chabad, which had included vandalism and an assault. The Eleventh Circuit agreed with the lower court’s dismissal of the lawsuit, and rejected the landowners’ aggressive attempt to prevent any chance for the Chabad to build in the future.

“The third time’s a charm,” said Daniel Blomberg, senior counsel at Becket, which represents the Chabad of East Boca Raton. “The courts have now repeatedly put the kibosh on this discriminatory lawsuit. It’s time for the handful of holdouts to join the rest of Boca Raton and welcome the Chabad like good neighbors.”

The Chabad of East Boca is represented by Becket and Kirkland & Ellis.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

After Trinity Lutheran, New Mexico kids renew plea for education resources

SANTA FE, NEW MEXICO –  A group of New Mexico school students today asked the state Supreme Court for equal access to state education services. In Moses v. Ruszkowski, activists sued to end an 80-year-old textbook lending program that gives all students equal access to state-approved textbooks and other learning materials. In 2015, the state Supreme Court banned students at nonpublic schools from participating in the program. But the U.S. Supreme Court, following its decision in Trinity Lutheran v. Comer last June, sent the case back to New Mexico’s high court for reconsideration.

New Mexico is ranked lowest of all 50 states in terms of education. The textbook lending program seeks to lift the state’s literacy levels by ensuring that all children have equal access to quality textbooks. The program especially benefits thousands of low-income and minority students living in rural areas with limited educational opportunities. But in 2012 activists sued the state arguing that the textbook lending program violates the state constitution because students at religiously affiliated schools can participate on equal footing with all other students.

“We should be investing in kids’ futures, not crippling their ability to gain a quality education,” said Eric Baxter, vice president and senior counsel at Becket, which is defending the New Mexico Association of Nonpublic Schools (NMANS) and the state’s textbook program. “Ending the textbook lending program will disproportionately hurt low-income and minority children, at a time when they need access to a quality education more than ever.”

The lawsuit relies on a discriminatory 19th century state law—called a Blaine Amendment—that was originally designed to disadvantage New Mexico’s native Catholic citizens. Now, in New Mexico and across the country, Blaine Amendments have been used to keep religious organizations from participating in neutral, generally applicable government programs on the same terms as everyone else. For example, activists have used Blaine Amendments try stopping children with disabilities from attending schools that best meet their needs, preventing schools from making their playgrounds safer, to stopping food kitchens from helping the poor, and closing service providers that help former prisoners successfully re-integrate into society.

Both the trial court and the New Mexico Court of Appeals upheld the textbook lending program, but in 2015 the New Mexico Supreme Court, based on the Blaine Amendment, ruled that the program was unconstitutional. In 2017 Becket appealed to the U.S. Supreme Court. Following a 7-2 ruling in Trinity Lutheran, a similar case involving Missouri’s Blaine Amendment, that Court ordered the New Mexico Supreme Court to reconsider its decision on the textbook lending program.

“A science textbook is a science textbook no matter whose shelf it’s on,” said Baxter. “It’s time to stop discriminating and give all kids equal access to the best educational opportunities.”

A decision is expected in the case sometime late 2018.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Native American Feather Dancer asks feds to end criminal ban on religious use of eagle feathers

Pastor Robert SotoWASHINGTON, D.C. – Native American feather dancer Robert Soto asked the federal government today to end its criminal ban on using eagle feathers for religious worship, invoking his landmark court victory in a formal rulemaking petition to be filed with the Department of the Interior today.

In 2006, an undercover federal agent raided Pastor Soto’s powwow, detained him, and confiscated his eagle feathers, threatening him with fines and imprisonment. Pastor Soto, represented by Becket, fought back in court and won a historic victory allowing him and over 400 members of his religious organizations to use eagle feathers in their religious worship. Pastor Soto and Becket are now asking the government to extend the same treatment to all Native Americans so that no sincere religious believers are ever prosecuted again simply for using feathers to practice their faith.

“No Native American should have to live in fear that the federal government will raid their religious gathering and punish them for peacefully using eagle feathers in their religious faith,” said Pastor Soto. “I’m grateful to God that the federal government acknowledged it violated my rights, and I want to see the same rights protected for my children, grandchildren, and all Native Americans.”

Eagle feathers play a central role in many Native American religious practices, including smudging rituals, traditional religious dances, and prayers. Without feathers many of these practices become impossible. Yet the government’s policies are so restrictive that they ban any Native American who is not enrolled in a federally-recognized tribe from ever possessing a single protected feather. At the same time, the government allows thousands of eagles to be killed by wind farms and power companies each year.

  • End the federal ban on Native American use of feathers in religious worship.
  • Protect only sincere religious believers, not people acting for personal profit.
  • Reform the National Eagle Repository to ensure it serves all sincere Native Americans.
  • Combat the commercialization of Native American religious practices and increase enforcement of laws against killing eagles and other federally protected birds.

“Under current law, a grandmother who bestows an eagle feather on her grandson to honor his college graduation turns them both into criminals,” said Adèle Keim, counsel at Becket. “A member of a state-recognized tribe who simply picks up a molted feather from the ground and uses it in prayer is subject to prosecution. It’s long past time for this to change.”

Under the settlement agreement in Pastor Soto’s case, the Department of Interior is required to issue a notice in the Federal Register requesting public comment on the petition and to make a decision on the petition within two years of its submission.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here).

Today: State Supreme Court to decide which kids get textbooks

WASHINGTON, D.C. – A group of New Mexico students will stand up in court today to ask for equal access to the State’s decades-old textbook lending program. In Moses v. Ruszkowski, activists sued to stop students at religious schools from participating in the program, which was created to combat New Mexico’s abysmal education ranking and to help rural and low-income children with limited educational opportunities. Becket, on behalf of families and the New Mexico Association of Non-Public Schools (NMANS), is pushing back against the activists’ claim that the lending program violates the New Mexico constitution because it allows children from religious schools to access educational materials.  

Both the New Mexico First Judicial District Court and the New Mexico Court of Appeals protected the students’ right to participate in the program on equal terms with all other students across the state. But in 2015, the New Mexico Supreme Court reversed the decision, ruling that the program violated the state’s Blaine Amendment, a 19th Century anti-immigrant provision aimed at excluding Catholics from full participation in public life. Becket appealed to the U.S. Supreme Court and, in June 2017, the Justices ordered the New Mexico Supreme Court to reconsider its earlier ruling in light of Trinity Lutheran v. Comer, a related case involving Missouri’s Blaine Amendment, which ruled that states cannot discriminate against participants in public programs because of their religion.  

What:
Oral argument in Moses v. Ruszkowski 

Who:
Eric Baxter, vice president & senior counsel at Becket    

When: 
Monday, May 7, 2018, at 9 a.m. MST 

Where: 
New Mexico Supreme Court
237 Don Gaspar Ave #104
Santa Fe, New Mexico 87501
 

A Becket attorney will be available for comment immediately following the hearing.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Senate confirms Becket’s former General Counsel Kyle Duncan for Fifth Circuit judgeship

WASHINGTON, D.C. – Becket proudly congratulates Kyle Duncan, Becket’s former general counsel, on his confirmation today by the United States Senate to serve as a judge on the United States Court of Appeals for the Fifth Circuit. Kyle’s colleagues and opposing counsel of all persuasions have praised his qualifications in knowledge, experience, and integrity, for appointment to the federal bench. The following statement can be attributed to Becket President Mark Rienzi: 

“That sound you just heard was the stained glass ceiling shattering. Not only has our country gained a great jurist, but Kyle’s confirmation is proof positive that defending religious liberty for people of all faiths is a core part of our country’s long tradition of public service.” 

Kyle served as Louisiana’s first solicitor general from 2008-2012, and then as general counsel of Becket from 2012-2014. Under his leadership, Becket won a number of decisive victories for religious liberty for people of all faiths, including the Hobby Lobby case 

Other highlights of Becket’s work under Kyle’s leadership included securing kosher meals for Jewish prisoners, winning a Sikh woman her right to work for the federal government without violating her faith, and helping an Amish community preserve its centuries-old building practices. 

“At Becket, Kyle was a steadfast defender of religious liberty for people of all faiths and was known for his intelligence and evenhandedness. His generosity and respect for others has made him a great advocate, and will make him a fair and respected judge. We applaud his confirmation,” added Rienzi 

 Kyle will be sworn in later this year. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

BREAKING: Little Sisters of the Poor get their day in Penn. court

WASHINGTON, D.C. – The Little Sisters of the Poor have won the right to defend themselves against a new lawsuit by Pennsylvania Attorney General Josh Shapiro. The lawsuit, which would take away the nuns’ religious exemption from a Health and Human Services (HHS) rule, would mean they once again face the dilemma of providing services like the week-after pill in their health plan against their faith or pay millions in government fines. The Little Sisters asked a lower court to let them defend themselves against the lawsuit, but in December the court kept them out of the case after objections from AG Shapiro. Today, an appeals court overruled that decision and said the Little Sisters should be allowed to defend their rights.   

“Women like the Little Sisters of the Poor do not need bureaucrats trying to push them around. The appeals court got it right—the Little Sisters should be allowed their day in court to argue for their rights. It is shameful that Josh Shapiro tried to deprive the Sisters of their right to defend themselves,” said Lori Windham, senior counsel at Becket, which represents the Little Sisters of the Poor.   

In early October, HHS issued a new rule that protects religious non-profits like the Little Sisters of the Poor from providing services like the week-after pill in their healthcare plans in violation of their faith. This meant their four-year legal ordeal was close to an end. But shortly after, the state of Pennsylvania sued to take away the Little Sisters’ religious exemption. Represented by Becket, the Little Sisters went back to court to ensure that they can continue their vital ministry of caring for the elderly poor without violating their faith. 

“We pray that soon this trying time will be over; that the court will rule as the Supreme Court ruled in 2016 that the government doesn’t need us to provide these services to women. As Little Sisters of the Poor, all we want is to follow our calling of serving the elderly poor,” said Mother Loraine Marie Maguire of the Little Sisters of the Poor (watch her full statement from the court here.) 

The Little Sisters have long argued that it was unfair to exempt big businesses—such as Exxon, Chevron and Pepsi—and even government-run health care plans, but threaten the Little Sisters with millions of dollars in fines. Pennsylvania’s lawsuit seeks to impose those fines on religious charities, even though the state never challenged the Obama administration’s exemptions for big businesses.   

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Chicago pastors fight atheist effort to impose nearly $1B in taxes on churches

WASHINGTON, D.C. – Pastor Chris Butler, a South Side Chicago pastor, asked a federal appeals court Thursday to end a discriminatory lawsuit that would devastate his community and subject churches across the country to almost $1 billion in new taxes. In Gaylor v. Mnuchinan atheist group is suing the IRS to end the parsonage allowance, a 64-year-old federal tax provision used by churches, mosques, and synagogues to help faith leaders live in the communities they serve.   

Pastor Chris Butler is the leader of a predominantly African-American congregation, whose ministry includes mentoring at-risk youth, decreasing neighborhood crime, and caring for the homeless in Chicago’s neediest neighborhoods. Ending the housing allowance for faith leaders like Pastor Chris would discriminate against religious groups by treating them worse than many other secular employees who receive similar tax treatment. It would also harm poor communities by diverting scarce resources away from essential ministries. It could even force some small churches to close (learn more in this 3-min. video).    

“For the majority of churches, the pastors are like me and experience at some level the same problems that we’re trying to face in the community,” said Pastor Chris Butler of the Chicago Embassy Church. “If you take away even a little bit, it can become a lot of trouble quickly.”

For over 60 years, the federal tax code has allowed pastors, rabbis, imams, and other faith leaders to receive tax-free housing allowances under the same tax principle that allows teachers, business leaders, military service members and hundreds of thousands of other workers to receive tax-free housing for their jobs. But in 2011 the Freedom From Religion Foundation (FFRF) sued the IRS, demanding it end the tax exemption for faith leaders, saying it violates the Constitution. But the IRS would be discriminating against religious groups if it ended their housing allowance when so many secular businesses and organizations receive similar tax treatment. 

“The same group of atheists claimed it was unconstitutional to put Mother Teresa on a postage stamp, so it’s no surprise they’re trying to sic the IRS on churches,” said Luke Goodrich, deputy general counsel at Becket. “Treating ministers like other professionals isn’t an establishment of religion; it’s fair tax treatment.”  

Becket intervened in the case in January 2017 on behalf of Pastor Chris Butler and Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia. The Chicago-based Seventh Circuit is expected to hear oral argument and issue a decision later this year. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea aor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Historic African-American church fights $2.6 million lawsuit by former pastor

WASHINGTON, D.C. – A small African-American Baptist church founded over a century ago in Pittsburgh is standing up in court against a lawsuit threatening to close its doors and deny its right to hold its religious leaders accountable. In Lee v. Sixth Mount Zion Baptist Church, the church is being sued by a former pastor after firing him because he failed to lead the church well. Late yesterday, Sixth Mount Zion, represented by Becket, urged a federal appellate court in Philadelphia to reject the pastor’s attempt to undermine churches’ ability to ensure their religious leaders don’t harm their ministry. 

In 2012, the U.S. Supreme Court’s decision in Hosanna-Tabor v. EEOC unanimously protected a house of worship’s First Amendment right— known as the ministerial exception–to  hire or fire its ministers, free from government interference. Becket argues that Hosanna-Tabor’s ruling also protects Sixth Mount Zion from its former pastor’s attempt to use the courts to complain that the church was wrong to dismiss him for failed religious leadership.   

“Courts can’t second-guess a church’s conclusion that a minister is doing a bad job ministering,” said Daniel Blomberg, senior counsel at Becket. “How would a federal judge evaluate the orthodoxy of a priest’s sermons or the fervor of a rabbi’s prayers? Judges shouldn’t be put in that impossible position, and the First Amendment says that they can’t be.”  

Founded in 1899, Sixth Mount Zion Baptist Church hosts about 100 people at its Sunday worship services and is located in one of the poorest parts of Pittsburgh, where 25 percent of houses in the area sit vacant, unemployment is at 25 percent and over 30 percent of the households are led by single moms. In an attempt to help serve its community, the church selected Rev. David Lee as its pastor in 2012. But three months after becoming pastor, Rev. Lee insisted that the church sign a contract giving him a 20-year term in office while promising that they could still fire him if they believed he wasn’t leading well. The next two years under his leadership saw the church’s registered membership plummet 61 percent, Sunday morning worship attendance drop 32 percent, and tithes and offerings decrease 39 percent—all while church expenditures rose nearly 200 percent.   

When the church asked Rev. Lee to step down in 2015, he sued Sixth Mount Zion and eleven of its lay leaders for $2.6 million. A federal trial court rejected his lawsuit under the ministerial exception. Rev. Lee appealed that decision to U.S. Court of Appeals for the Third Circuit based in Philadelphia. He argues that the First Amendment shouldn’t apply because his failure to “attract new souls to Christ” was really just a “secular” failure, equivalent to a sports manager failing to “attract new fans to the game.” 

“To hear Rev. Lee tell it, Jesus Christ was a glorified sales manager, the Pope is a mere administrator, and the Dalai Lama is only a motivational speaker,” said Blomberg. “If the separation of church and state means anything, it means that courts can’t reduce houses of worship to religion-flavored social clubs, or tell them who should preach to them.”  

Oral argument in the case is expected later this year. The church is also represented by Alan Cech of Murtagh, Hobaugh & Cech, LLC. 

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.   

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Becket names American Rabbi its 2018 Canterbury Medalist

WASHINGTON, D.C.  Rabbi Dr. Meir Soloveichik, Orthodox rabbi and spiritual leader of the oldest Jewish congregation in the U.S., is the 2018 Canterbury Medalist for his public defense of religious liberty for people of all faiths. The Canterbury Medal, Becket’s highest honor, recognizes an individual who has demonstrated courage and commitment to defending religious liberty in America and around the world. 

Rabbi Dr. Meir Soloveichik works tirelessly to strengthen interfaith relations in America, advocating alongside religious leaders of diverse American faith communities to protect religious education and conscience protections, and to strengthen individual religious identities. He is a strong advocate of cultivating one’s own faith and being an active participant in the public square, emphasizing, “sacrificing the exclusive nature of religious truth in the name of dialogue would help neither Jews nor Christians,” adding that “in seeking the moral betterment of man, specific religious beliefs … serve to unite rather than divide us.”  

“Rabbi Soloveichik is dauntless in his defense of religious liberty and has the courage, tenacity and humility to forge the road ahead,” said Archbishop Charles J. Chaput, O.F.M. Cap. of Philadelphia and 2009 Canterbury Medalist.  

A descendant of a long line of renowned Orthodox rabbis, in 2013 Soloveichik was named the spiritual leader of Shearith Israel in New York City, the oldest Jewish congregation in the United States. He is the tenth minister to serve in that role since the American Revolution. He is also an esteemed scholar of religion, theology, and the American Founding, holding a Ph.D. from Princeton in religion, and serves as director of the Zahava and Moshael Straus Center for Torah and Western Thought at Yeshiva University. He lectures globally and writes extensively, publishing in outlets from The Wall Street Journalto The Forward, on the history of faith and religious freedom in America, has been featured in the New York Times, and is a sought-after commentator on the Jewish faith in America.  

“Rabbi Soloveichik is that rare leader who combines erudition, courage and moral clarity. The religious liberty fight benefits from these powerful gifts,” said Bill Mumma, CEO and board chair of Becket.    

The Canterbury Medal draws its name from one of history’s most dramatic religious liberty stand-offs, which occurred between Archbishop of Canterbury Thomas à Becket, the law firm’s namesake, and King Henry II of England. The annual Canterbury Gala, which honors the award recipient, is a black-tie event held at the Pierre Hotel in New York and is attended by the world’s most distinguished religious leaders and religious liberty advocates. 

Past medalists include the late Nobel Peace Laureate and Holocaust survivor Elie Wiesel, Cuban poet and former political prisoner Armando Valladares, Carl Anderson, Supreme Knight of the Knights of Columbus, New York Times bestselling author and radio host Eric Metaxas, Learned Hand Law Professor Mary Ann Glendon of Harvard, and President Dallin H. Oaks of the Church of Jesus Christ of Latter-day Saints.

Roger Hertog, president of the Hertog Foundation and chairman of the Tikvah Fund, and Dr. Josephine Templeton, Trustee of the John Templeton Foundation, will serve as co-chairs of the 2018 Canterbury Medal Gala.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Court gives voice to foster kids and families

WASHINGTON, D.C. – Adopted children and foster families in Michigan can now join the fight against the ACLU’s efforts to shut down the adoption programs that brought their families together, a federal court just ruled. In Dumont v. Lyon, the ACLU is suing to stop the state of Michigan from relying on private adoption agencies like St. Vincent Catholic Charities because they run their programs based on their religious beliefs. If the ACLU succeeds, it would take away vital support that foster families need, and make it even harder for thousands of foster kids to find permanent homes (watch their story in this 3-min. video).  

The court allowed the “children and families to have a voice in these proceedings” to explain how they could be harmed if the ACLU wins its lawsuit. Families like the Bucks could “lose critical services that are currently provided to them by St. Vincent and may lose the ability to adopt biological siblings of their present adoptive children.” And former foster children like Shamber Flore may lose “the opportunity to volunteer at St. Vincent and do the important work of mentoring children in a faith-based setting who, like herself, come from broken and abusive backgrounds.”  

“The ACLU’s lawsuit would take away homes from vulnerable kids who have already gone through so much,” said Shamber Flore, a former foster child who found her adoptive family through St. Vincent. “I’m so grateful the court didn’t let the ACLU silence our voices, particularly since children are the ones who will lose the most.”   

There is a nationwide shortage of families willing to foster and adopt. In Michigan alone, there are thousands of kids in the foster care system, many of whom age out without finding a home. The government can’t recruit enough families to foster and adopt on its own so it relies on private agencies, like St. Vincent, to help find more willing families. Last year alone, St. Vincent recruited more new foster families than nearly 90 percent of other agencies in its service area.  

“St. Vincent brought my family together and continues to be an invaluable resource for us. If it is shut down, it will take away essential support we rely on right now,” said Melissa Buck, a mother of five children with special needs adopted through St. Vincent 

In 2017, the ACLU sued the State of Michigan to shut down its partnerships with faith-based foster and adoption agencies like St. Vincent solely because of their religious beliefs about marriage. St. Vincent takes care of children regardless of their race, ethnicity, religion, sexual orientation, or gender identity, and its beliefs have never prevented a child from being placed in a loving home. Gay couples working with other agencies have been able to adopt children in St. Vincent’s care in the past. The ACLU’s clients could have done the same thing, and they even live closer to four other foster and adoption agencies that would have helped them adopt. Instead of going to these agencies to help kids, they have spent years going out of their way to target St. Vincent and try to shut down their programs. 

“It’s baffling why the ACLU is attempting to shut down one of Michigan’s most successful adoption agencies,” says Stephanie Barclay, counsel at Becket. “Michigan foster kids and their families need St. Vincent. And now, because of today’s ruling, the court will hear why.” 

The Buck family, Shamber Flore, and St. Vincent, represented by Becket, have now requested the court to dismiss the needless lawsuit filed by ACLU and Sullivan & Cromwell LLP. Oral argument for this hearing will take place on May 10.  

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Militant atheists cross over historic cross, but county pushes back

WASHINGTON, D.C. – Lehigh County, Pennsylvania, asked a federal court late yesterday to protect its county seal from a threatened whitewashing for having a religious image on it. In Freedom From Religion Foundation (FFRF) v. Lehigh County, the militant atheists at FFRF are asking the court to strip the image of a cross from among a dozen other images all representing aspects of the County’s history and culture. The cross was included to honor the County’s early German settlers who fled persecution in their homeland for religious freedom in America. The County, represented by Becket, argues that it is not illegal to recognize history, including its religious aspects.  

In the early 1940s, Lehigh County adopted a seal to reflect its rich history, economy, and culture. The seal includes symbols important to the county and its history: cement silos, a bison head, a red heart, an oil lamp and books, the Liberty Bell, and the cross, among others. The seal has existed for over 70 years without controversy. But now, FFRF is suing to scrub the cross from the seal, claiming that it establishes Christianity as an official county religion. 

Every symbol on the County seal represents a unique piece of its history,” said Joe Daviscounsel at Becket, which is representing Lehigh County. “Acknowledging the beliefs and values of the County’s early settlers’ respects and honors the County’s heritage and culture—it does not establish a religion.” 

Images of historic significance are common on the seals and flags of states, counties, and towns across America. New Mexico’s flag has a single image: the sacred sun symbol of the Zia Native American tribe. Louisiana’s flag has a symbol of a pelican with a bleeding heart that feeds its hatchlings, a symbol long used to illustrate how Christians are nourished by the Eucharist and reflecting the early French Catholic influence in the Louisiana Territory. Utah’s flag and seal have images recalling the Mormon pioneers. And multiple seals and flags in the American southwest have images of friars and mission churches reflecting the early influence of Spanish Catholics in that region.   

Yet in 2016, FFRF sued Lehigh County, trying to censor the cross from the seal. In September 2017, the United States District Court for the Eastern District of Pennsylvania ruled in FFRF’s favor. Yesterday Lehigh County, represented by Becket, appealed to the Third Circuit Court of Appeals, asserting that religion is part of the rich cultural fabric of our country and that the Constitution does not require the government to strip every religious symbol from the public square.   

“Religion is not something to be erased or ignored. It’s an integral part of the human experience,” said Davis. “Another unnecessary lawsuit in a long list of unnecessary lawsuits from FFRF shouldn’t lead to censoring religion from the public square.”  

Becket has defended religious symbols in the public square in several cases, including FFRF v. WeberKondrat’yev v. City of Pensacola, and the Ground Zero Cross.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

 

Breaking: Christian student group back in from the cold

WASHINGTON, D.C. – Minutes ago, news outlets broke the announcement that a Christian student group was—at least temporarily—allowed back on campus just two days after the group asked a federal court to protect its right to choose leaders who affirm its faith. In InterVarsity Christian Fellowship v. Wayne State University, a Christian student group, which had been on campus for 75 years, was derecognized by Michigan-based Wayne State University because the group required its leaders to embrace its faith. In response to InterVarsity’s lawsuit, the school decided that it would allow the student group back on campus. It is unclear whether the school’s change is permanent.

InterVarsity’s student group at Wayne State is one of the oldest chapters in the country. It welcomes all students to join as members, and only requires its leaders agree with its faith. But in late 2017, Wayne State said that InterVarsity’s religious leadership requirements violated school policy, even though many other school programs and student groups “violated” the same policy. The school then derecognized InterVarsity, cancelled the group’s reserved meetings, and forced it to pay thousands of dollars if it wanted to continue holding Bible studies on campus. The school ignored months of requests from InterVarsity to allow it back on campus, until today.

“Being part of our school community has meant the world to us, and we’re so glad that Wayne State is letting us back on campus,” said Cristina Garza, former president and current member of the InterVarsity Christian Fellowship group that had been kicked off campus. “We hope the school will make this change permanent, so no other students have to go through what we’ve been through over the last six months.”

InterVarsity’s Wayne State chapter has held weekly Bible studies, meetings, and organized service opportunities on campus for over 75 years. For instance, the group volunteers in the summers to clean up trash and repair school buildings in downtown Detroit, and just last week participated in a local food pantry event.

“It’s good that Wayne State saw the light after it felt the heat,” said Lori Windham, senior counsel at Becket, which represents InterVarsity. “But after putting these students through the runaround for months, a last-minute change of heart is hardly enough. This kind of official religious discrimination should never happen again. And Wayne State needs to return the thousands of dollars it charged the student group.”

Today’s about-face came after Becket told Wayne State it would be seeking an emergency court order to reinstate the student group. InterVarsity and Becket are reviewing the school’s decision to determine their next steps.

Dan Dalton of Detroit-based Dalton & Tomich PLC is also representing InterVarsity.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

** Alex Slavsky of Church Militant was the first to uncover the announcement from Wayne State University.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Adoptive families tell court: Don’t let ACLU shut down vital programs

WASHINGTON, D.C. – A group of adopted children and foster families were in court today to fight back against the ACLU’s efforts to shut down the adoption programs that brought their families together. In Dumont v. Lyon, the ACLU is trying to stop the state of Michigan from working with private adoption agencies because they run their programs based on their religious beliefs. If the ACLU succeeds, this would take away critical support that foster families need, and make it even harder for thousands of foster kids, particularly minority and special needs children, to find permanent homes.  

There is a nationwide shortage of families willing to foster and adopt. In Michigan alone, there are thousands of kids in the foster care system, many of whom age out without finding a home. But in 2017, the ACLU sued the State of Michigan to shut down its partnerships with faith-based foster and adoption agencies like St. Vincent Catholic Charities solely because of their religious beliefs about marriage.  But St. Vincent’s beliefs have never prevented a child from being placed in a loving home.  

“Agencies like St. Vincent find homes for children who were once like me – neglected and abused. I would not have a family or a future if it weren’t for St. Vincent,” said Shamber Flore, a former foster child who found her adoptive family through St. Vincent.

Every year over 600 youth age out of Michigan’s foster care system, which means that at the age of 18 they officially leave the foster system never having found a permanent home. This number is on the rise, and a recent study showed that these youth are more likely to end up in poverty, without an education, and back on the streets. The government can’t recruit enough families to foster and adopt on its own so it relies on private agencies, like St. Vincent Catholic Charities, to help find more willing families. Last year, St. Vincent recruited more new foster families than nearly 90 percent of other agencies in its service area. It is particularly successful at finding homes for children with special needs, minority children, and large sibling groups – and it provides critical ongoing support to foster families who adopt these kids.  

“We couldn’t have adopted without the support of St. Vincent,” said Melissa Buck, a mother of five special needs children adopted through St. Vincent. “And we continue to rely on vital support services St. Vincent provides to this day. If these programs were closed down, it would really hurt our family.”  

Despite St. Vincent’s important work, in September 2017 ACLU sued to make it illegal for the state to partner with them solely because of their religious beliefs about marriage.  St. Vincent’s beliefs have never prevented a child from being placed in a loving home. In fact, gay couples working with other agencies have been able to adopt children in St. Vincent’s care in the past. The ACLU’s clients live closer to four other foster and adoption agencies that would have helped them adopt. Instead of going to these agencies, they have spent years targeting St. Vincent and trying to shut down their programs. 

“There is a crisis in the foster care system. There are thousands of children and not enough homes,” says Stephanie Barclay, counsel at Becket. “The answer is more agencies to recruit and support foster families, not closing down successful ones like St. Vincent. The real casualties of the ACLU’s lawsuit are the kids.” 

A decision on whether foster families and former foster kids will be able to defend their rights alongside St. Vincent is expected by the end of April. 

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

 

Christian student group out in cold at Michigan University

WASHINGTON, D.C. – A Christian student group is fighting for its right to continue serving at the same campus it has been on for over 75 years. In InterVarsity Christian Fellowship v. Wayne State University, an InterVarsity Christian Fellowship student group, represented by Becket, sued Michigan-based Wayne State University after school officials stripped them of official recognition just because the group requires its leaders to affirm their faith. Wayne State has over 400 student groups that contribute to its intellectual and cultural diversity, all of which are free to select leaders who embrace their missions—except, suddenly, one Christian student group.

InterVarsity welcomes all students to its meetings and to join as members. It requires only that its leaders believe in and live out its faith. Yet in 2017, Wayne State rejected the group’s constitution, derecognized InterVarsity, and cancelled all of InterVarsity reserved meetings. Wayne State’s reason?  After 75 years, Wayne State decided that InterVarsity’s religious leadership requirements violated school policy. Meanwhile Wayne State actively violates its own policy in many of its programs, and allows dozens of other larger student groups do the same.

“Don’t Michigan universities have bigger problems than who leads Bible studies?” said Lori Windham, Senior Legal Counsel at Becket, which represents InterVarsity. “Wayne State should focus on educating students instead of playing belief police.”

InterVarsity Christian Fellowship at Wayne State is one of the oldest InterVarsity chapters in the country, and has held weekly Bible studies, meetings, and organized service opportunities on campus for over 75 years. For instance, in 2009 the group sponsored a series of campus events that raised awareness regarding human trafficking. And the group regularly hosts discussions of important issues, like the intersection between faith, race, and social justice.

Now InterVarsity is given second-class status, forced to rent tables like outside vendors if it wants to host discussions or reach out to new students. It can no longer reserve meeting rooms for free like other student groups.

“Asking religious leaders to practice what they preach isn’t discrimination, it’s integrity,” said Windham. “Targeting one Christian group that’s served the campus for over 75 years, while giving itself and dozens of larger groups a pass is truly discriminatory.” 

 For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Adopted kids stand up against ACLU in court

WASHINGTON, D.C. – Several adopted children and foster families will be in court today speaking out against a lawsuit threatening to shut down religious adoption agencies. In Dumont v. Lyon, the ACLU is trying to stop the state of Michigan from partnering with religious adoption agencies because they run their programs based on their religious beliefs. The state of Michigan has thousands of kids who need a safe and loving home, and it can’t find enough families on its own. That’s why it relies on private agencies like St. Vincent to help find and support more families willing to foster and adopt. If the ACLU wins, it would make it even harder for thousands of foster kids, particularly minority and special needs children, to find permanent homes.   

Shamber Flore, who was adopted as a foster child in 2005, Melissa and Chad Buck, who have fostered and adopted five special needs children, and St. Vincent Catholic Charities, represented by Becket, are asking the court to allow religious adoption agencies to continue serving Michigan’s most vulnerable children.  

What:
Oral Argument in Dumont v. Lyon  

Who:
Shamber Flore
Melissa Buck
Stephanie Barclay, counsel at Becket  

When:
Wednesday, March 7, 2018 at 2:00 p.m. EST 

Where:
U.S. District Court for the Eastern District of Michigan
231 W. Lafayette Boulevard, Detroit
Room 737

A Becket attorney will be available for comment immediately following the hearing. 

For more information or to arrange an interview, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

No justice for Native Americans in Oregon

WASHINGTON, D.C. – Members of the Klickitat and Cascade tribes in Oregon were denied justice late Friday after a federal magistrate judge ruled that the government is free to bulldoze sacred Native American burial grounds and destroy sacred artifacts. The tribal members plan to appeal the ruling in Slockish v. U.S. Federal Highway Administration, which dramatically narrows the religious freedom rights of Native Americans by saying that a key federal religious freedom law cannot be used to protect their artifacts and sacred sites. (Watch their story. 

In 2008, while widening Highway 26 near Mount Hood, the Federal Highway Administration destroyed a sacred site that included a stone altar, ancient burial grounds, a campground, and trees and medicinal plants used for religious rituals. Although tribal members repeatedly alerted officials to the importance of the site, and there were many ways to widen the highway while still protecting it, the government refused to listen and bulldozed the site.   

“For centuries Native Americans have endured the destruction of sacred places by the federal government, and it’s heartbreaking that the court would say this completely preventable destruction was okay,” said Carol Logan, member of the Confederated Tribes of Grande Ronde“All we want is the return of our sacred artifacts, the rededication of the area for our ancestors, and the promise that we can continue to worship as our tribes have done for centuries.” 

The tribal members sought justice under a federal law called the Religious Freedom Restoration Act—which was enacted in 1993 after the Supreme Court neglected to protect religious freedom for Native Americans. Nevertheless, the magistrate judge’s opinion said, “Even where the government’s actions would virtually destroy a group’s ability to practice their religion the Constitution simply does not provide a principle that could justify upholding [their] legal claims.”   

“The federal government has repeatedly shown a callous disregard for Native American religious beliefs,” said Stephanie Barclay, counsel at Becket. “For these tribes, this burial ground was their church. Our religious freedom laws wouldn’t allow the government to destroy other churches with impunity, and it shouldn’t be any different for Native Americans.” 

Plaintiffs Wilbur Slockish and Johnny Jackson are Hereditary Chiefs of the Klickitat and Cascade tribes of the Yakima Nation and Carol Logan is an enrolled member of the Confederated Tribes of Grande Ronde.  They are joined in their lawsuit by the Cascade Geographic Society and the Mount Hood Sacred Lands Preservation Alliance. They are represented by Becket, together with Seattle-based law firm Patterson Buchanan Fobes & Leitch and Oregon City attorney James Nicita. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Wheaton College wins five-year battle against HHS mandate

WASHINGTON, D.C. – Wheaton College, one of the top Christian liberal arts colleges in the country, has won the right to carry out its religious mission without fear of government fines. Late yesterday a judge ruled in Wheaton v. Azar that the government would violate federal civil rights laws if it forced Wheaton to provide services like the week-after pill in its healthcare plans against its religious beliefs. The judge’s order permanently forbids the government from imposing that mandate on Wheaton, ending the College’s five-year legal battle, which included receiving protection against the mandate from the Supreme Court in 2015.    

This is the first district court order offering permanent protection from the HHS mandate after the Supreme Court’s 2016 decision in Zubik v. Burwell, which said that the government could not fine religious groups for following their faith and said it could find other ways to provide services to the women who want them. Yesterday’s decision permanently protects Wheaton from any current or future version of the mandate.   

The government is not above the law—that’s why we have civil rights laws. Wheaton should never have had to go to court to protect its rights in the first place. This order ensures we won’t have to come back,” said Diana VermWheaton alumna and legal counsel at Becket, which represented the College.    

Wheaton College was founded in 1860 by prominent abolitionist Jonathan Blanchard. Its religious mission “For Christ and His Kingdom” guides everything it does. That is why, in 2012, after receiving no response from HHS to its concerns, Wheaton filed a lawsuit to defend its right to operate according to its religious principles.  

The contraceptive mandate went to theSupremeCourtfivetimes, and each time the Supreme Court ruled in favor of protecting religious groups. Yesterday’s order follows a new HHS rule that admits the federal government violated the law and provides temporary protection to religious objectors. However, the new rule was halted in late December by judges in California and Pennsylvania. The California and Pennsylvania orders have been appealed. Meanwhile, the court’s order will permanently protect Wheaton from any current or future version of the mandate. 

“We are grateful to God that the court recognized Wheaton’s religious identity and protected our ability to affirm the sanctity of human life,” said Philip RykenPresident of Wheaton College“The government should never have tried to force us to provide drugs and services against our faith, and we are pleased by the resolution of our case.” 

Wheaton College is represented by Becket and Christian Poland of Bryan Cave LLP.     

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Congress Gives Churches Equal Access to Disaster Aid

WASHINGTON, D.C. – Congress passed a law today that protects churches, synagogues and other houses of worship that were long shut out of FEMA disaster aid programs. And the President signed the bipartisan bill into law shortly after it was passed. Congress’ action ensures that FEMA’s new policy will endure so that houses of worship are treated equally alongside secular nonprofit organizations applying for disaster aid.

For several decades, FEMA excluded houses of worship from its disaster aid programs. After Hurricanes Harvey and Irma, three Texas churches and two Florida synagogues, represented by Becket, sued the government in separate lawsuits asking for equal access to disaster relief aid. One of those cases, Harvest Family Church v. FEMA, went to the Supreme Court, which asked FEMA to justify its exclusion policy. In response, FEMA ended its discrimination against churches, synagogues, mosques, and other houses of worship. Today’s action by Congress makes that new policy law.

“Congress has delivered a big victory for houses of worship everywhere,” said Diana Verm, legal counsel at Becket, the non-profit religious liberty law firm that represents the Texas churches and the Florida synagogues. “It was always strange to tell houses of worship that there is no room at the inn, when they are the first to help in time of need. Congress has now put this troubling history of discrimination behind us.”

Houses of worship were among the first to respond in the aftermath of Hurricanes Harvey and Irma and they continue to help their communities recover. The role of houses of worship in local communities rises above partisan divides—as shown by the bipartisan support for the independent legislation originally introduced to change FEMA’s former discriminatory policy. Efforts to end that policy have received broad support, including from the editorial boards of the LA Times and Chicago Tribune, members of the Congressional Black Caucus, a Houston synagogue, and the Archdiocese of Galveston-Houston. A vote on this issue in the U.S. House of Representatives five years ago received overwhelming bipartisan support, 354-72.

FEMA’s previous policy allowed many private nonprofit organizations, such as museums and zoos, to qualify for FEMA’s relief programs to clear debris and make basic structural repairs, but it denied houses of worship that same opportunity simply because they were religious. As a result of Becket’s lawsuits in Harvest Family Church v. FEMA and Chabad of Key West v. FEMA, houses of worship across the country have been able to seek disaster aid on an equal basis.

When FEMA announced its policy change in January, it noted that the new policy was required by the Supreme Court’s June 2017 decision in Trinity Lutheran Church of Columbia, Inc. v. Comer, which ruled that the First Amendment requires religious groups to receive equal access to widely available public programs.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Chicago pastors appeal $1 billion in new taxes on churches

WASHINGTON, D.C. – Religious leaders of all faiths are fighting for equal treatment while serving some of the nation’s poorest communities. In Gaylor v. Mnuchin, an atheist-led lawsuit threatens a 64-year-old tax provision that enables pastors, rabbis, imams, and other faith leaders to live in the communities they serve. Represented by Becket, pastors on the South Side of Chicago and other religious leaders today appealed to the U.S. Court of Appeals for the Seventh Circuit, after a ruling last year authorized almost $1 billion in new taxes each year on them and other houses of worship across the country (hear their story in this 3 min. video).

For over 60 years, the federal tax code has allowed pastors, rabbis, imams, and other faith leaders to receive housing allowances that are not taxed as income—just like military service members, overseas workers, and thousands of other professionals. But in April 2016, the atheist group Freedom From Religion Foundation (FFRF) sued the IRS to deny this treatment to ministers alone. On October 6, 2017, a federal district court ruled that housing allowances for ministers unconstitutionally establishes religion, breaking with nearly 70 years of precedent and threatening ministers with almost $1 billion in new taxes each year.

“Our congregation’s mission is to serve this city; to fight against injustice and oppression, to be a shoulder to cry on, and to give encouragement to folks in need,” said Pastor Chris Butler of the Chicago Embassy Church. “It would have a devastating impact on small churches if suddenly a pastor had less time to devote to the community.”

Pastor Chris Butler is the leader of a predominantly African-American congregation, whose ministry includes mentoring at-risk youth, decreasing neighborhood crime, and caring for the homeless in Chicago’s neediest neighborhoods. Ending the housing allowance would discriminate against religious groups by treating them worse than many other secular employees who receive the same tax treatment. It would also harm poor communities by diverting scarce resources away from essential ministries. It could even force some small churches to close.

“The same group of atheists claimed it was unconstitutional to put Mother Teresa on a postage stamp, so it’s no surprise they’re trying to sic the IRS on churches,” said Luke Goodrich, deputy general counsel at Becket. “Treating ministers like other professionals isn’t an establishment of religion; it’s fair tax treatment.”

Becket intervened in the case in January 2017 on behalf of Pastor Chris Butler and Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia. The Seventh Circuit is expected to hold oral argument and issue a decision later this year.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Myrick Press Call Advisory

WASHINGTON, D.C. – A press call will be held today at 1:00 p.m. EST to discuss a recent federal ruling in Myrick v. EEOC stating that the government can’t target magistrates because of their beliefs. When same-sex marriage became legal, North Carolina magistrate Gayle Myrick didn’t want to stop any couple from getting married, but she also knew that her religious beliefs prevented her from performing a same-sex wedding ceremony. Gayle’s immediate supervisor proposed a solution: shift Gayle’s schedule by a couple hours so she wasn’t working when marriage ceremonies were performed. However, the state government rejected this reasonable solution and forced Gayle to resign, which a federal judge said was discrimination under civil rights laws. The case ended in a significant settlement agreement, in which the State agreed to pay Gayle her salary and retirement benefits that were unjustly taken away, demonstrating that reasonable solutions can be found to protect the dignity of each person (watch her story here).

What:
Press Call to discuss Myrick v. EEOC

Who:
Stephanie Barclay, counsel at Becket

When:
Wednesday, February 7, 2018 at 1:00 p.m. EST

Press Call Information:
888-670-9385 | Pin #: 54523
Email media@becketlaw.org with questions

Gayle was represented by Becket together with Ellis Boyle of Knott & Boyle, PLLC.

For more information or to arrange an interview, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here).

Judge rules magistrates can’t be targeted for beliefs on marriage


WASHINGTON, D.C. – A landmark federal ruling, finalized recently, says that the State of North Carolina violated civil rights laws when it forced a magistrate to resign because of her beliefs about marriage. The ruling in Myrick v. EEOC shows that faith and LGBT rights don’t have to be at odds with each other. Reasonable solutions can be found to protect the dignity of each person. This case also resulted in a significant settlement agreement, in which the State agreed to pay the magistrate her salary and retirements benefits that were unjustly taken away (watch her story here).  

 Gayle Myrick was a highly qualified and well-respected magistrate in North Carolina for many years who was forced to resign because of her religious beliefs. When same-sex marriage became legal, she didn’t want to stop any couple from getting married, but she also knew that her religious beliefs prevented her from performing a same-sex wedding ceremony. Since performing weddings was a small part of her work, Gayle’s immediate supervisor proposed a solution: shift Gayle’s schedule by a couple hours so she wasn’t working when marriage ceremonies were performed. However, the state government rejected this reasonable solution and forced Gayle to resign.  

“I have always wanted to find a way to protect everyone’s dignity,” said Gayle Myrick, the magistrate at the center of the case. “The solution in my case would allow any couple to get lawfully married without facing rejection or delay, and magistrates with religious beliefs like me could step aside and still keep our jobs.”

Other magistrates routinely shifted their schedules for a variety of reasons—from simple things like fishing trips, to substantial issues like night classes or drug rehab. If Gayle had asked to shift her schedule for any other reason, she would have been allowed to keep her job. But because her request was motivated by her religious beliefs, she was forced to resign just two months before her retirement benefits vested.  

In a landmark ruling, a federal judge said this was discrimination under the civil rights laws. North Carolina was “obligated to provide an accommodation to Magistrate Myrick,” the ruling said. The State later acknowledged it treated Gayle unfairly, and the settlement agreement makes Gayle whole by paying her the salary and retirement benefits that were taken away. The State also passed a law making sure no magistrates would be targeted for their religious beliefs and no one would be denied a prompt marriage. The judge’s ruling comes ahead of the Supreme Court decision in Masterpiece Cakeshop v. CCRC, a case that also addresses issues related to LGBT rights and religious liberty. 

“Faith and sexual orientation are deeply important to the identity of many people, and this case shows that these two things don’t have to be at odds with each other,” said Stephanie Barclay, counsel at Becket, the non-profit religious liberty law firm that represented Gayle. “Our civil rights laws help us create a diverse society where people can live, work, and break bread together despite our differences.”  

Gayle filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) under the Government Employee Rights Act—a federal civil rights law that protects the rights of government employees. Gayle was represented in this proceeding by Becket together with Ellis Boyle of Knott & Boyle, PLLC.  

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read morehere). 

Christian, LGBT printers unite for free speech

WASHINGTON, D.C. – An important free speech case has united Christian and LGBT printers at Kentucky’s high court as they seek protection for the right of artists to choose what messages they promote. In Baker v. Hands On Originals, a Kentucky court ruled last year that the government cannot force Blaine Adamson, a Christian screen printer, to print gay pride t-shirts in violation of his religious beliefs. The government has now appealed, and today Becket and University of Virginia Law Professor Douglas Laycock filed a friend-of-the-court brief supporting the printer.

“Free speech protects everyone—from the LGBT printer who doesn’t want to print anti-gay messages, to the Christian printer who doesn’t want to print gay-pride t-shirts,” said Luke Goodrich, deputy general counsel at Becket. “In a diverse society, the government doesn’t get to pick one preferred viewpoint and force everyone to agree.”

In 2012, the Gay and Lesbian Services Organization (GLSO) asked Blaine Adamson, the owner of Hands On Originals, to print shirts promoting the local gay-pride festival. Because of Mr. Adamson’s religious beliefs, he declined to print the shirts and instead referred GLSO to other printers who would match his price. Although GLSO received many offers and ultimately obtained the shirts for free, it filed a complaint against Mr. Adamson with the Lexington-Fayette Urban County Human Rights Commission, which ordered him to print the shirts and attend government-mandated “diversity training” to change his views.

In the printing industry, it is standard practice for business owners not to print messages they disagree with. That is why LGBT business owners have also stood up for Mr. Adamson’s right to choose what messages he promotes.

Mr. Adamson is represented by Alliance Defending Freedom. Becket is represented by Professor Douglas Laycock and Stoll Keenon Ogden PLLCS.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Third time’s a charm: Boca Chabad in court again seeking equal treatment

WASHINGTON, D.C. – A Florida Jewish congregation was in court this morning to defend itself against a lawsuit attempting to discriminate against houses of worship. In Gagliardi v. The City of Boca Raton, Florida, the Chabad of East Boca Raton asked the U.S. Court of Appeals for the Eleventh Circuit to protect its right to equal access to build in Boca Raton’s business district, as required by federal law (watch this video about the Chabad’s experience). 

The lawsuit was filed by two landowners opposed to the synagogue, claiming the city established Judaism as the city’s official religion by simply granting equal access for houses of worship, including synagogues, to be built in the business district. But federal law requires equal access to religious groups, so it came as no surprise that the landowners suffered back to back losses in federal district court. They then chose to appeal those losses, prolonging a decade-long battle to prevent the Chabad from building.  

“All we’re asking for is equal treatment,” said Rabbi Ruvi New, head of the Chabad of East Boca Raton. “We’re grateful that the City and our local community have long treated us fairly, and we’re hopeful that the Court will protect our right to be equal members of the Boca Raton community.” 

In 2007, the Chabad began encountering hostile, well-organized, and well-financed opposition to its synagogue’s construction plans. That opposition ultimately culminated in the federal lawsuit against the Chabad, where two landowners claimed that allowing the synagogue to be built violated the U.S. Constitution’s Establishment Clause—even though the 2008 city ordinance they challenged grants equal access for all faith groups. Now on appeal, the two landowners are saying that allowing any houses of worship to build would harm them by causing traffic problems, even though they have no complaints about nearby strip malls, 7-11s, and even 22-story condos. In response, national and international groups and local leaders filed friend-of-the-court briefs supporting the Chabad and explaining that the landowners were asking the Court to rubber-stamp religious discrimination.  

“Granting equal treatment is the opposite of establishing a religion. Saying otherwise is not just an attack on the Chabad, but also an attempt to undermine civil rights for every house of worship,” said Daniel Blomberg, counsel at Becket, which represents the Chabad of East Boca Raton. “It’s been ten years; it’s time to stop hurling lawsuits at a synagogue and well past time to let it have its equal chance to build a home for its members.”  

Payvand Ahdout presented oral argument on behalf of the Chabad at the hearing. The Chabad of East Boca is represented by Becket and Kirkland & Ellis. A decision is expected later this year. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 
 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here). 

Court to hear Chabad’s ten-year plea for fairness

WASHINGTON, D.C. – A Jewish congregation in Florida, which for 10 years has been trying to build a new house of worship, is going to court next week to defend itself against a lawsuit that seeks to discriminate against houses of worship (watch this video about the Chabad’s experience).

In Gagliardi v. The City of Boca Raton, Fla., two landowners opposed to the Chabad of East Boca Raton claim that the city “established a religion” by granting equal access for houses of worship, including synagogues, to be built in business districts. But equal access is required by federal law, and the landowners have already lost twice at the federal district court. They continue to delay by appealing to the U.S. Court of Appeals for the Eleventh Circuit, which will hear the case on Wednesday, January 31. Last year, national and international groups and local leaders filed friend-of-the-court briefs in support of the Chabad’s right to equal treatment

What:
Oral Argument in Gagliardi v. Boca Raton 

Who:
Payvand Ahdout, Kirkland & Ellis
Daniel Blomberg, counsel at Becket 

When:
Wednesday, January 31, 2018 at 9:00 a.m. Eastern 

Where:
United States Court of Appeals for the Eleventh Circuit
51 SW 1st Ave # 14, Miami, Fla. 33130

Payvand Ahdout will be presenting oral argument on behalf of the Chabad at the hearing. Becket attorney will be available for comment immediately following the hearing.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Additional Information:                                              

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here). 

 

 

Christian group allowed back on campus

WASHINGTON, D.C. – An Iowa federal court late yesterday protected Business Leaders in Christ (BLinC), a Christian student group at the University of Iowa that was kicked off campus for requiring its student leaders to affirm its Biblical beliefs. In BLinC v. University of Iowathe court said that BlinC must be allowed back on campus to participate in a student recruitment fair today, January 24. This decision is a step toward ensuring that religious student groups are treated the same as all other groups on campus rather than being penalized for their faith.  

The court decision ruled for BLinC saying it found that, “BLinC has shown that the University does not consistently and equally apply” its policy to student groups.  

“The University would never let Iowa State’s Cy the Cardinal lead the Hawkeyes,” said Jacob Estell, BLinC student president. “So why would it think it is okay to force religious student groups to select leaders who don’t embrace their mission?” 

Membership in BLinC is open to all University students and, to preserve its mission, BLinC asks only its leaders to affirm that they embrace and seek to live by its religious beliefs. But after a student complained about BLinC’s leadership requirements and its beliefs concerning marriage, University administrators kicked BLinC off campus and told it to “revise” its Statement of Faith and submit an “acceptable plan” for selecting leaders if it wanted back on.   

Late last week the court heard oral argument in the case. BLinC argued that the University is violating the First Amendment by penalizing it for its religious viewpoint, pointing out that the student who complained about BLinC’s beliefs started his own organization that espouses the exact opposite perspective. The Free Speech, Free Exercise, and Establishment Clauses all prohibit the University from discriminating against religious viewpoints. 

“The Court agreed that the University has to stop discriminating against BLinC because of its religious beliefs,” said Eric Baxter, senior counsel at Becket, which represents BLinC. “Every other group on campus gets to select leaders who embrace their mission. Religious groups don’t get second-class treatment.” 

The Court ordered the University to readmit BLinC immediately and gave the University 90 days to bring its policy enforcement into compliance with law. A decision to permanently allow BLinC to stay on campus and pick leaders who embrace its faith is expected sometime later this year.   

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

DC Metro’s anti-religion ad policy is a train wreck

WASHINGTON, D.C. – The D.C. Metro, as a government body, is supposed to ensure free speech for everyone, yet now Metro bans any religion-related advertising in its stations and subway cars. After being told it could not buy advertisement space for its annual “Find the perfect gift” Christmas campaign last year, the Catholic Archdiocese of Washington sued the Washington Metropolitan Area Transit Authority (WMATA) for banning religious speech. On Friday, Becket along with Arizona Senator Jeff Flake and the International Society for Krishna Consciousness, Inc. (ISKCON), filed a friend-of-the-court brief in Archdiocese of Washington v. WMATA, arguing that WMATA does not get to arbitrarily exclude messages just because they are religious.  

In 2015, WMATA issued a ban on “issue-oriented advertising,” forbidding ad space to political, advocacy, and religious advertising from the Metro subway car walls. Secular ads about Christmas – such as department store sales – are permitted, while ads about the religious meaning of Christmas are prohibited. Metro’s speech ban has also been challenged by the ACLU as a Free Speech violation. As Becket states in its brief, “[T]he government has no authority to privilege the view of Christmas that starts at the shopping mall over the view that starts in a manger. Even Charlie Brown understood that privileging a secular, commercial expression of Christmas over one with religious motivation is a value judgment.”   

“Metro’s advertisement policy is a train wreck,” said Mark Rienzisenior counsel at Becket. “It happily allows defense companies to advertise the latest weapons and Macy’s to advertise a holiday sale, but there is no room at the inn for Baby Jesus? Metro should spend less time playing speech police and more time preventing fires in its stations.”  

Bus and subway advertising are one of the most effective ways for the Archdiocese to spread its message of hope during the Christmas season. But WMATA’s guidelines exclude the Archdiocese from advertising solely because its message is religious. Even though a secular organization can post meeting times, address, or contact information on a metro ad, religious groups – including a monastery – were banned from doing the same thing. 

WMATA’s guidelines exclude religious groups from participating equally in public advertising space, in violation of the recent Trinity Lutheran Supreme Court ruling protecting the right of religious organizations to participate in widely available programs on equal footing with secular organizations. 

“Government agencies should be encouraging free speech, not suppressing the speech they don’t like,” said Rienzi.   

The case is currently before the U.S. Court of Appeals for the D.C. Circuit. The Archdiocese is represented by former Solicitor General Paul Clement of Kirkland & Ellis. Ryan Shores and Will Haun of the law firm Shearman & Sterling filed the amicus brief for Becket, Sen. Flake, and ISKCON. 

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Court hears Christian student group’s plea for equal treatment

WASHINGTON, D.C. – A Christian student group went to court this morning after being kicked off University of Iowa’s campus for asking its leaders to embrace its faith. In BLinC v. University of Iowa, Business Leaders in Christ (BLinC) challenged the University’s requirement that to be let back on campus, it needed to “revise” its religious beliefs about sexual morality and stop asking its leaders to share its faith (watch recap on Twitter live).  

The University of Iowa hosts over 500 diverse student groups, such as political groups, environmental groups, and religious groups. Many of these groups limit their leadership and even their membership to those who share their mission. Yet the University is discriminating against BLinC, saying the group cannot require its leaders to share its faith because school administrators don’t like its religious mission. 

“College campuses are supposed to foster a real exchange of diverse ideas,” said Jacob Estell, BLinC student president. “But we are in court today because that is simply no longer the case at the University of Iowa. All we want is the same rights as all other student groups to create a community that reflects who we are and what we believe. The University respects that right for environmental groups, pro-choice groups, and political groups. But it’s treating us as outsiders.”   

Membership in BLinC is open to all University students. To preserve its religious mission, BLinC asks its leaders to affirm that they believe in and live according to its religious beliefs. But after a complaint was filed with the University about BLinC’s leadership requirements and its belief that sexual conduct should take place only in marriage between a man and a woman, University administrators told BLinC that it must “revise” its Statement of Faith and submit an “acceptable plan” for selecting its leaders. When BLinC informed the University that it could not change its faith or stop asking its leaders to share its faith, it was kicked off campus.  

BLinC gives students of faith a community where they can learn to both live their beliefs and thrive in the business world. They serve students and the surrounding community, including tutoring at-risk youth, organizing guest speakers, and organizing student activities like Tippi Gives Thanks, which provides a morale boost ahead of finals week.  

“Getting an education shouldn’t come at the cost of First Amendment rights,” said Eric Baxtersenior counsel at Becket, which is defending BLinC’s right to stay on campus. “Both the Constitution and common sense say that groups should be able to pick leaders who agree with their mission.” 

Oral argument took place today in federal district court in Davenport. A decision is expected sometime next week.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Christian student group kicked off campus, heads to court

WASHINGTON, D.C. – Business Leaders in Christ (BLinC), a small Christian student group at the University of Iowa, will be in federal court today to fight for its right to remain on campus and choose student leaders who embrace its religious beliefs. In October, BLinC was kicked off campus because of its religious beliefs and told that it needed to “revise” those beliefs and submit an “acceptable plan” for selecting leaders to be allowed back on campus. Although there are over 500 diverse student groups at the University that screen their leaders for mission alignment, the University is penalizing BLinC for requiring its leaders to share its religious beliefs.

What:
Hearing in BLinC v. University of Iowa

Statements by:
Eric Baxter, senior counsel at Becket 

When:
Today at 9:30 a.m. EST

Where:
U.S. District Courthouse
131 East 4th Street
Davenport, IA 52801

Becket attorney Eric Baxter will be available for comment immediately following the hearing.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Harvey-hit houses of worship now free to apply for FEMA aid

WASHINGTON, D.C. – FEMA is now accepting disaster aid applications from houses of worship damaged by Hurricane Harvey, a result of lawsuits brought by three Texas churches and two Florida synagogues seeking equal access to relief grants. In Harvest Family Church v. FEMA, and Chabad of Key West v. FEMA, Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God and Chabad of Key West and Chabad of the Space Coast, respectively, sued FEMA for denying houses of worship access to federal disaster aid grants on equal footing with secular non-profits (watch their story). FEMA announced houses of worship can now apply for disaster relief aid through February 4.  

Last week, FEMA announced a new policy that would put an end to its discrimination against churches, synagogues, and other houses of worship. FEMA’s new application deadline implements that policy by allowing houses of worship to submit applications for disaster relief. Before the litigation, many houses of worship were told they were not eligible for grants and were blocked from applying. Now they will have an opportunity to submit applications for aid even though the original deadline has passed.   

“Houses of worship that were earlier subject to discrimination are now being given a second chance,” said Daniel Blomberg, counsel at Becket, the non-profit religious liberty law firm that represents the Texas churches and the Florida synagogues. “FEMA is making good on its promise to treat houses of worship equally.”  

Houses of worship were among the first to respond in the aftermath of both Hurricane Harvey and Hurricane Irma and they continue to provide aid to help their communities recover. Yet FEMA’s old policy discriminated against churches, mosques and synagogues, while at the same time using them for its own relief efforts.  

FEMA’s new policy aligns with the Supreme Court’s June 2017 decision in Trinity Lutheran Church of Columbia, Inc. v. Comer requiring religious groups to receive equal access to widely available public programs. The three Texas churches’ case is currently on appeal at the U.S. Court of Appeals for the Fifth Circuit. The Florida synagogues’ case is pending in federal district court in Key West.   

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.   

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Court to government: Stop targeting pregnancy center

WASHINGTON, D.C. – A non-profit pregnancy center that helps low-income women in Baltimore prevailed over a discriminatory city ordinance today. In Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor and City Council of Baltimore, the U.S. Court of Appeals for the Fourth Circuit protected the Center from being forced to violate its conscience by referring for abortions or posting government messages about abortion on its walls.

The Greater Baltimore Center for Pregnancy Concerns provides help to women facing unplanned pregnancies. But a 2009 city ordinance forced the Center to either refer for abortions or display government abortion messaging on the walls of their church-owned property, in violation of their mission and conscience. In 2010, the Center sued the mayor and city council of Baltimore for the right to continue to serve and communicate with women who come to them for help in a way that respects each woman’s choice as well as the Center’s mission. The Center won in 2010, and, following the government’s appeals, the Center won again today.

“We are committed to serving women in need in a way that respects their choices, comforts them in a difficult time and is in line with our mission,” said Carol Clews, executive director of the Center for Pregnancy Concerns. “This court ruling means that we can do our job and the government can’t tell us what to say or how to say it.”

The Center helps nearly 10,000 women a year facing unplanned pregnancies. Volunteers help over 1,200 women for free with basic services like pregnancy tests, baby and maternity clothes, parenting classes, and job placement. The Center also counsels over 8,000 local women per year through its 24-hour helpline.

In 2009, the City of Baltimore targeted the Center, which operates out of Catholic Church-owned property, demanding they display a sign stating that they “do not provide or make referrals for abortion or birth control services,” even though they already inform women in welcome papers and a lobby sign about the caring services they do provide for free and also that they do not offer abortions. Yet the City of Baltimore did not require abortion clinics to display the services they do not offer, such as adoption or prenatal care. The Fourth Circuit’s decision today criticized Baltimore for adopting “retributive speech restrictions” on pro-life speakers, calling the restrictions a “grave violation” of “our nation’s dearest principles.”

“We are very pleased that the Fourth Circuit strongly upheld the First Amendment rights of religious and other nonprofit charities to speak and to serve those in need in the manner their conscience dictates, without undue government interference,” said Dave Kinkopf, of Gallagher, Evelius & Jones, which represents the Center.

“This is a victory for the First Amendment and for the women of Baltimore,” said Tom Schetelich, chairman of the board of the Greater Baltimore Center for Pregnancy Concerns.

“Today’s decision confirms that government has no place mandating speech—especially speech associated with deeply-held religious beliefs,” said Mark Rienzi, senior counsel at Becket, the non-profit religious liberty law firm also representing the Center. “The Center can now continue helping women in need without the government telling them how to talk about abortion.”

The Greater Baltimore Center for Pregnancy Concerns is represented by Gallagher Evelius & Jones, Becket, and Peter Basile from Ferguson, Schetelich & Ballew, P.A.

For more information or to arrange an interview with a Becket attorney, please contact Ryan Colby at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

BREAKING: FEMA to stop discriminating against churches, synagogues


WASHINGTON, D.C. – FEMA announced a new policy today that ought to put an end to its discrimination against churches, synagogues, and other houses of worship. The new policy comes in response to two lawsuits brought by three Texas churches and two Florida synagogues seeking immediate and equal access to disaster relief aid.

FEMA says that the new policy is required by the Supreme Court’s June 2017 decision in Trinity Lutheran Church of Columbia, Inc. v. Comer, which ruled that the First Amendment requires religious groups to receive equal access to widely available public programs. FEMA announced in its new policy that “houses of worship will not be singled out for disfavored treatment” any longer.  

“What a way to start 2018!” said Pastor Charles Stoker of Hi-Way Tabernacle, who received the news while finishing a day of distributing meals at the church to about 200 local recipients. “It’s been a cold day, and this news will warm us all up here! We’re delighted that FEMA will start treating us like other charitable groups. And we look forward to continuing to help our neighbors as they recover from Harvey.”

Houses of worship were among the first to respond in the aftermath of both Hurricane Harvey and Hurricane Irma and they continue to provide aid to help their communities recover. Yet FEMA’s policy discriminated against churches and synagogues, while at the same time using them for its own relief efforts. In September, in Harvest Family Church v. FEMA, Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God sued FEMA for denying houses of worship access to federal disaster aid grants on equal footing with secular non-profits. A parallel lawsuit, Chabad of Key West v. FEMA was later filed by two Florida synagogues hit by Hurricane Irma. After being denied aid for months, the three Texas churches asked U.S. Supreme Court Justice Alito for emergency relief. Justice Alito asked FEMA to respond to the churches’ request, and FEMA published its new policy before its deadline to respond at the Supreme Court.  

“Better late than never,” said Daniel Blomberg, counsel at Becket, the non-profit religious liberty law firm that represents the Texas churches and the Florida synagogues. “By finally following the Constitution, FEMA is getting rid of second-class status for churches, which in the words of the Supreme Court was ‘odious’ to the First Amendment. We will watch carefully to make sure that FEMA’s new policy is implemented to provide equal treatment for churches and synagogues alongside other charities.”  

The three churches’ case is currently on appeal at both the U.S. Court of Appeals for the Fifth Circuit and the Supreme Court. The Florida synagogues’ case is pending in federal district court in Key West.   

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

As cold as ice: 2017 Ebenezer Award winner glorifies winter, nixes holidays

 

WASHINGTON, D.C. – It’s beginning to look nothing like Christmas. Christmas trees, menorahs, and the colors red, green, silver, and blue have been deemed inappropriate for college campuses this holiday season, at least according to an official at the University of Minnesota. Only general decorations and party themes such as “winter celebration” were allowed at the University’s College of Food, Agricultural and Natural Resource Sciences (CFANS) “Respecting Religious Diversity” event this month. This memo has earned the University of Minnesota the 2017 Ebenezer Award, Becket’s lowest (dis)honor, awarded for the most ridiculous affront to the Christmas and Hanukkah season. 

Each year Becket reflects on the most absurd affronts to the Christmas and Hanukkah season and bestows upon the most outrageous offender a lump of coal. Previous winners include the American Humanist Association, which tried to stop schools from sending care packages to children in need, and the Department of Veteran Affairs which banned employees at its Salem, Virginia facility from saying “Merry Christmas” to veterans. (See list of previous winners.) 

“A University that bans religious diversity in the name of ‘Respecting Religious Diversity’—George Orwell would be proud,” said Montse Alvarado, executive director of Becket. “But it makes no sense to ‘celebrate’ religious diversity by banning any sense of actual holiday celebration.”  

The University of Minnesota’s Dean’s Dialogues “Religious Diversity and Holidays” event within CFANS is committed to creating an “inclusive” community. As part of the event, a list of guidelines was distributed to students and staff advising all to avoid certain “inappropriate” holiday items and to report any violations to the Office of Equal Opportunity and Affirmative Action. Banned items include bows and wrapped gifts, Christmas trees, dreidels, menorahs, bells and Santa Claus, all of which the guidelines call off-limits “religious iconography.” Colors were regulated, too: red and green for their connection to “Christian tradition” and blue, white and silver for their connection to “Jewish Hanukkah.” 

“A hearty bah-humbug toast to University officials who make Christian and Jewish students feel like second-class citizens at a time that should be full of brotherly love and giving,” said Alvarado. 

Because religious holidays are an important part of human culture, governments and public institutions are allowed to recognize and celebrate those holidays with appropriate symbols. The Supreme Court has long upheld government holiday displays that send “a message of pluralism and freedom of belief during the holiday season,” including displays that have distinctive religious elements. Although public opinion and the law are on the side of religious holidays, some bureaucrats insist on scrubbing the public square of any religious references. This often leads to absurd results.   

 Becket wishes everyone a Merry Christmas, a Happy Hanukkah, and a Joyous New Year to all! In the words of Tiny Tim: “God bless us, every one!”  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Foster families to ACLU: don’t take away kids’ chance at a new home

WASHINGTON, D.C. – Shamber Flore and several adoptive families are going to court in Michigan today to stand up for vulnerable foster children. In Dumont v. Lyon, the ACLU is trying to force religious adoption agencies to close their foster and adoption programs, making it even harder for thousands of foster kids to find permanent homes. If successful, the ACLU’s lawsuit would especially harm minority and special needs kids.       

Every year in Michigan, over 600 youth “age out” of foster care, which means that at the age of 18 they officially leave the foster system never having found a permanent family. This number is on the rise, and a recent study showed that these youth—mostly African American—are particularly vulnerable to ending up in poverty, without an education, and back on the streets. That’s where religious adoption agencies like St. Vincent Catholic Charities come in.  

“I don’t understand why the ACLU is trying to take away hope from children who were once like me—victims of abuse exposed to drugs, prostitution, and neglect,” said Shamber Flore, who was adopted as a foster child in 2005. “My family would not have adopted me without the help of St. Vincent. We need more agencies like this finding more homes for kids—not less.” 

Last year, St. Vincent recruited more new foster families than almost every other agency in its service area. Religious adoption agencies like St. Vincent are important in this work because they can reach families from different segments of the population that would not otherwise adopt or foster. They are also particularly successful at placing large sibling groups and providing support to families with medically fragile kids. And the majority of kids in St. Vincent’s care are minority and special needs children.  

But in September 2017, the ACLU sued trying to make it illegal for the state of Michigan to partner with religious adoption agencies simply because of their religious beliefs. 

“The ACLU’s lawsuit is not at all about protecting children. It’s about scoring cheap political points at the expense of children,” said Stephanie Barclay, counsel at Becket. “Thankfully, the constitution prohibits that result.”   

Becket is representing Shamber Flore, Melissa and Chad Buck, and St. Vincent Catholic Charities. Becket will file today to intervene in the Eastern District of Michigan to defend the right of families and religious adoption agencies to keep serving Michigan’s most vulnerable children.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

AG Shapiro: Little Sisters unwelcome in City of Brotherly Love

WASHINGTON, D.C. – This morning, the Little Sisters of the Poor waited outside a Philadelphia courthouse while a hearing inside decided their fate. Pennsylvania Attorney General Josh Shapiro is suing the federal government to take away the Sisters’ religious exemption from the HHS contraceptive mandate. Shapiro says that the Little Sisters and others who would be affected if he wins have no say in court over what happens to their rights. Today supporters gathered outside the Philadelphia court to support the Little Sisters in this case, where Mother Loraine Marie Maguire addressed the crowd.

In early October, HHS issued a new rule that protects the Little Sisters of the Poor and other religious non-profits from providing services in their healthcare plans that violate their faith like the week-after pill. The Little Sisters’ four-year legal ordeal seemed close to an end but now Pennsylvania’s lawsuit threatens the Sisters’ rights again. Just last week, Pennsylvania obtained a court order keeping the Little Sisters from joining the case to defend their hard-won rights. Becket immediately appealed that order to the Third Circuit.

“We are hopeful that the court will rule as the Supreme Court ruled, that the government doesn’t need us to do its work. As Little Sisters of the Poor, all we want is to follow our calling to love and to serve and finally put this legal ordeal behind us,” said Mother Loraine Marie Maguire, mother provincial of the Little Sister of the Poor.

Represented by Becket, the Little Sisters spent the last four years battling the HHS mandate (learn more about the Little Sisters here). Following an earlier ruling from the U.S. Supreme Court, in October HHS finally admitted that it had been wrong to fight the Little Sisters of the Poor.

“After the Little Sisters’ four-year fight, a Supreme Court victory, and a new rule that protects women like them, Attorney General Shapiro still went to court to take away their rights. He then argued that the Little Sisters shouldn’t even be allowed to come to this court today to make their case,” said Lori Windham, senior counsel at Becket, which is representing the Little Sisters of the Poor. “Josh Shapiro left the Little Sisters of the Poor out in the cold – in the City of Brotherly Love.”

Oral argument took place in federal district court in Philadelphia to decide if the protection for the Little Sisters will stand. A similar hearing took place on Tuesday in Oakland, California where supporters rallied outside the courthouse in support of the Little Sisters.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:       

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Atheists abandon crusade against sermons—again!

WASHINGTON, D.C. – Last night, and for the second time in a row, a group of pastors defeated a lawsuit by militant atheists that demanded the IRS control the internal religious teachings of houses of worship. The atheists—Freedom From Religion Foundation (FFRF)—dismissed their own lawsuit, giving up before the court had a chance to rule against them. FFRF’s dismissal in FFRF v. Trump comes just three years after it did the same thing in their identical lawsuit, FFRF v. Koskinen. Both times, FFRF ran away after religious leaders intervened to defend their rights. By law, because this is now the second time that FFRF has given up on the same claim, FFRF’s dismissal means they have lost on the merits—and the pastors have permanently fended off FFRF.

The following statement can be attributed to Daniel Blomberg, counsel at Becket:

“FFRF is running away again, and this time for good—in federal court, you don’t get a third bite at the apple. Which is great news for pastors, priests, rabbis, and imams who want to preach their faith without IRS censorship. The pulpit is one place where a little more separation of church and state would go a long way.”

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

 

Penn. AG attacks nuns’ rights in court while keeping them outside

WASHINGTON, D.C. –The Little Sisters of the Poor and their hard-fought rights will be on trial Thursday, December 14, but the Sisters will be outside the courthouse because of Pennsylvania Attorney General Josh Shapiro’s attempt to silence them. Shapiro is suing to take away the Sisters’ religious exemption from a Health and Human Services rule. In early October, HHS issued a new rule that protects the Little Sisters of the Poor and other religious non-profits from providing services in their health care plan that violate their faith like the week-after pill. The Little Sisters’ four-year legal ordeal was close to an end, but now the state of Pennsylvania is suing HHS to take away the Little Sisters’ religious exemption. Worse yet, Pennsylvania successfully won a court order keeping the Little Sisters from joining the case to defend their rights. A similar hearing took place on Tuesday in Oakland, California where nearly 50 people rallied outside the courthouse in support of the Little Sisters. Represented by Becket, the Little Sisters will speak up outside the courthouse to ensure that they can continue their vital ministry of caring for the elderly poor, as they have for over 175 years, without violating their faith (learn more about the Little Sisters here).

What:
Hearing in Commonwealth of Pennsylvania v. Hargan

Statements by:
Mother Loraine Marie Maguire, of the Little Sisters of the Poor
Lori Windham, senior counsel at Becket

When:
Thursday, December 14, 2017 at 11:00 a.m. EST

Where:
James A. Byrne United States Courthouse
601 Market Street
Philadelphia, PA  19106

Becket attorneys will be available for comment immediately following the hearing.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Calif. AG fights to silence Little Sisters of the Poor

WASHINGTON, D.C. – The Little Sisters of the Poor were back in court today to defend themselves against a lawsuit by Attorney General of California Xavier Becerra, who is suing to take away the Little Sisters’ religious exemption from a Health and Human Services rule. Becerra has argued that the Little Sisters shouldn’t be able to defend their rights in this lawsuit. Before the hearing, nearly fifty people attended a rally outside the Oakland court in support of the Little Sisters. 

In early October, HHS issued a new rule that protects religious non-profits like the Little Sisters of the Poor from providing services that violate their faith like the week-after pill. This meant their four-year legal ordeal was close to an end, yet shortly after, the state of California sued to take away the Little Sisters’ religious exemption. Represented by Becket, the Little Sisters went back to court to ensure that they can continue their vital ministry of caring for the elderly poor without violating their faith. 

“We pray that soon this trying time will be over; that the court will rule as the Supreme Court ruled last year saying the government doesn’t need us to provide these services to women. As Little Sisters of the Poor, all we want is to follow our calling of serving the elderly poor,” said Mother Maria Christine of the Little Sisters of the Poor (watch her full statement here.)  

The Little Sisters spent the last four years battling the HHS mandate that would have forced them to either violate their faith by providing services like the week-after pill in their healthcare plan, or pay millions in fines. Following an earlier ruling from the U.S. Supreme Court, in October HHS admitted that it had been wrong to fight the Little Sisters and issued a new rule that finally exempts them and other religious non-profits. The government had long exempted big businesses—such as Exxon, Chevron and Pepsi—and even its own health care plans. California never sued the Obama administration for creating these exemptions that reach tens of millions more people than the Little Sisters’ exemption.   

“Women like the Little Sisters of the Poor do not need more bureaucrats pushing them around. They should be allowed their day in court to argue for their rights, and they should be allowed to practice their faith in peace,” said Mark Rienzi, senior counsel at Becket and lead attorney for the Little Sisters of the Poor.  

Oral argument took place in federal district court in Oakland, California to decide if the protection for the Little Sisters will stand, and whether the Little Sisters will be allowed to defend it in this court. A decision is likely by the end of the year.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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 Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

University of Iowa kicks Christian student group off campus

WASHINGTON, D.C. – Business Leaders in Christ (BLinC), a small Christian student group at the University of Iowa, sued University officials today after being kicked off campus for requiring its student leaders embrace its religious beliefs. The Dean of Students told BLinC that if it wants to be back on campus, it must “revise” its religious beliefs and submit an “acceptable plan” for selecting its leaders. In BLinC v. University of Iowa, BLinC asks the court to stop this religious discrimination and allow it to choose leaders who embrace its mission, just like every other student group on campus. 

There are over 500 student groups at the University with distinct missions, creating an intellectually and culturally rich campus environment. Fraternities and sororities can limit membership to men and women respectively. Pro-choice groups can reject students who are pro-life and vice versa. Feminist groups may require members to support their cause. And environmental groups can choose leaders who support theirs. But even though BLinC allows anyone to join, the University is discriminating against it for requiring its leaders to embrace its mission and beliefs. 

“This is 2017, not 1984,” said Jacob Estell, the student president of BLinC. “Our beliefs weren’t made by us, and they can’t be changed by us either—certainly not just to satisfy Orwellian government rules.”   

BLinC is a small student organization that gives Christian students a forum for discussing how to incorporate their beliefs in the competitive business world and for providing community service. Its members answer the call to serve because of their religious beliefs. On September 1, 2017, the University told BLinC it could select leaders who affirm its beliefs, so long as those beliefs were clearly stated so students would be aware of them. But after BLinC added a statement of its religious beliefs to its campus webpage, the University responded by kicking it off campus shortly before Thanksgiving. 

“This is premeditated religious discrimination, plain and simple,” said Eric Baxter, senior counsel at Becket, which is defending BLinC’s right to equal treatment by the University. “A state school cannot demand a change to students’ faith any more than the U.S. President could demand a change to the Bible.” 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Churches ask appeals court for equal treatment from FEMA for Christmas


WASHINGTON, D.C. – Minutes before midnight last night, Hi-Way Tabernacle and two other Texas churches filed an emergency appeal to the U.S. Court of Appeals for the Fifth Circuit asking for the right to apply for disaster relief like other devastated non-profits. The emergency appeal in Harvest Family Church v. FEMA came hours after a lower federal court refused to stop FEMA’s policy that discriminates against houses of worship. FEMA already conceded in court that its discriminatory policy is unlikely to survive the Supreme Court’s recent decision in Trinity Lutheran Church v. Comer. Yet since the devastation by Hurricane Harvey in late August, FEMA has resolutely refused to give houses of worship equal access to federal disaster aid grants while distributing over $500 million to other kinds of non-profits and grant recipients, like stamp clubs and botanical gardens.  

FEMA’s delay has left Texas churches in limbo, forcing them to miss expedited grant deadlines and permanently jeopardizing their ability to access FEMA’s grant program. Despite this discrimination, houses of worship across Texas—including Hi-Way Tabernacle, as shown in this new video—continue to help their communities recover. The churches are asking the Court of Appeals to grant them immediate emergency protection by Monday, December 11, and to provide more permanent relief by Christmas. 

The following statement can be attributed to Eric Rassbachdeputy general counsel at Becket: 

“FEMA is giving Scrooge a run for his money. FEMA already left these devastated churches in the cold for Thanksgiving, and now it’s trying to shut them out for Christmas. Enough is enough. A flooded building is a flooded building, whether it’s a theater, a church, or a synagogue, and they should all be treated equally, every one.” 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Calif. Attorney General drags Little Sisters of the Poor back to court

WASHINGTON, D.C. – The Little Sisters of the Poor will go to court today, to defend themselves against a lawsuit by Attorney General of California Xavier Becerra, who is suing to take away the Sisters’ religious exemption from a Health and Human Services rule. In early October, HHS issued a new rule that protects religious non-profits like the Little Sisters of the Poor from providing services like the week-after pill in their healthcare plans in violation of their faith. The Little Sisters’ four-year legal ordeal was close to an end. Now the state of California is suing HHS to take away the Little Sisters’ religious exemption. Represented by Becket, the Little Sisters will be back in court to ensure that they can continue their vital ministry of caring for the elderly poor without violating their faith.  

What:
Hearing in State of California v. Hargan  

Who:
The Little Sisters of the Poor
Mark Rienzi, Senior Counsel at Becket  

When:
Today at 2 p.m. PST  

Where:
Ronald V. Dellums United States Courthouse
1301 Clay Street Oakland, CA 94612


Becket attorneys will be available for comment immediately following the hearing.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Texas churches plead once again for disaster relief

WASHINGTON, D.C. – Three churches are once again asking a Houston federal court today for equal access to disaster relief. The filing comes after a judge rejected FEMA’s attempt in Harvest Family Church v. FEMA to delay their challenge and set a December 1 deadline for FEMA to change its position, which it has not. Since the devastation by Hurricane Harvey in late August, FEMA has denied houses of worship access to federal disaster aid grants while allowing all other kinds of non-profits to apply for and receive those grants. The churches are now asking the Houston federal court to grant them immediate access to disaster relief grants.

The following statement can be attributed to Daniel Blomberg, counsel at Becket:

“Especially when it comes to recovering from hurricanes, justice delayed is justice denied. The churches sought relief from the federal courts almost three months ago. Is it too much to ask that they get the access they need to recover from Hurricane Harvey? We are hopeful that the court will rule soon.”

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here).

Little Sisters of the Poor head back to court

WASHINGTON, D.C. – The Little Sisters of the Poor are heading back to court to defend themselves against lawsuits by the states of California and Pennsylvania to take away the Little Sisters’ religious exemption from the new Health and Human Services rule. In early October, HHS issued a new rule that protects religious non-profits like the Little Sisters of the Poor, Catholic nuns who dedicate their lives to caring for the elderly poor, from providing services like the week-after pill in their healthcare plans in violation of their faith. The new rule should mean that their lawsuit against the federal government will soon end.  

However, shortly after the new mandate was issued, the states of California and Pennsylvania sued to take away the religious exemption the Little Sisters just won. The Little Sisters of the Poor, represented by Becket, are asking the court to ensure that they can continue their vital ministry of caring for the elderly poor without violating their faith. Becket filed to intervene on the Sister’s behalf in California and Pennsylvania today.

The following statement may be attributed to Mark Rienzi, senior counsel at Becket and lead attorney for the Little Sisters of the Poor: “Sadly Josh Shapiro and Xavier Becerra think attacking nuns is a way to score political points. These men may think their campaign donors want them to sue nuns, but our guess is most taxpayers disagree. No one needs nuns in order to get contraceptives, and no one needs these guys reigniting the last administration’s divisive and unnecessary culture war.”  

What:
Press call to discuss Little Sisters’ intervention in Pennsylvania v. Trump and California v. Hargan.

Who:
Mark Rienzi, senior counsel at Becket 

When:
Tuesday, November 21 at 11:30 a.m. EST 

Press Call Information:
888-670-9385 | Pin #: 54523
Email media@becketlaw.org with questions 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Fairness at FEMA: White House asks Congress for firm fix

WASHINGTON, D.C. – Today, the Trump administration submitted a proposed disaster relief aid package calling for Congress to pass legislation that would erase a decades-old FEMA policy that discriminates against houses of worship. The proposed change comes one week after a Houston federal judge set a December 1 deadline for FEMA to change its position on its policy. The court deadline arose in Harvest Family Church v. FEMA, a lawsuit by three Texas churches asking for equal access to disaster aid relief. While the Administration’s proposed change is welcome, without quick action from Congress, it cannot help houses of worship that are suffering discrimination as they try to rebuild.

The three churches – Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God –sued FEMA in September because of the agency’s policy excluding houses of worship. The churches’ effort to end the discriminatory policy received broad support, including from the Chicago Tribune’s editorial board, members of the Congressional Black Caucus, a Houston synagogue, and the Archdiocese of Galveston-Houston. A vote on this issue in the U.S. House of Representatives four years ago received overwhelming bipartisan support, 354-72. But FEMA has steadfastly refused to end its policy, and has enforced it in the wake of disasters like Superstorm Sandy and Hurricane Katrina to deny aid to houses of worship, all while providing aid to private nonprofits such as zoos and community centers. If Congress accepts the administration’s urging, it would give houses of worship equal access to disaster relief grants.

“It’s about time. Hurricanes, tornadoes, and forest fires don’t discriminate in who they harm—FEMA never should have discriminated in who it helped,” said Daniel Blomberg, counsel at Becket, the non-profit religious liberty law firm that represents the churches. “Adopting the administration’s fix would be a big step in the right direction. But the fix will come too late for many houses of worship, especially with application deadlines looming and critical disaster repair ongoing. At this point, a judicial ruling is still urgently needed.”

Judge Keith Ellison heard arguments in the case on Tuesday, Nov. 7. Three days later he denied a request by Department of Justice lawyers to delay the case and gave FEMA a December 1 deadline to change its position or he would issue a ruling. In his opinion, the judge recognizes that the churches’ challenge is a “First Amendment case,” that the churches here have suffered “significant damage,” and that FEMA’s exclusionary policy is “fraught” with constitutional issues. Houses of worship were among the first to respond in Harvey’s aftermath and they continue to provide aid to their communities.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

New Mexico kids await next chapter in textbook grant saga

WASHINGTON, D.C. – New Mexico’s low-income and minority children have a second chance at a quality education now that the New Mexico Supreme Court is reconsidering its earlier ruling against the State’s textbook lending program. Following its ruling in Trinity Lutheran earlier this year, the U.S. Supreme Court ordered the New Mexico Supreme Court to rethink its ruling in New Mexico Association of Nonpublic Schools v. Moses, which ended the textbook lending program under a constitutional provision that discriminates against religious schools.

The New Mexico textbook program was designed to promote equal access to a quality education for low-income and minority children, yet in 2014 the New Mexico Supreme Court ruled against it because some of those students attend religious schools. Yesterday, Becket filed a brief on behalf of the New Mexico Association of Nonpublic Schools urging the Court to uphold the textbook lending program.

“New Mexico has been lending textbooks to disadvantaged students for more than a century,” said Eric Baxter, senior counsel at Becket, which is defending the New Mexico Association of Nonpublic Schools and the state’s textbook program. “It makes no sense to punish kids for choosing to attend religiously affiliated schools, especially in lower-income communities.”

Anti-religion activists claim the textbook lending program violates the state’s Blaine Amendment, a 19th century anti-immigrant, anti-Catholic provision. The Blaine Amendments were designed to discriminate against a growing wave of Catholic immigrants to the United States and remain today in many state constitutions.

“From kicking Catholic immigrants out of polite society to kicking children out of a quality education, these provisions hurt the vulnerable and marginalized in society,” said Baxter. “It’s time to end the bigoted reign of Blaine.”

The New Mexico Supreme Court will now reconsider its ruling against the program in light of Trinity Lutheran v. Comer, with a decision expected next year.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:                                             

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Court starts countdown on FEMA religious discrimination

WASHINGTON, D.C. – This morning, a Houston federal judge rejected FEMA’s attempt to delay a challenge by three Texas churches asking for equal access to disaster relief aid. The judge also set a December 1 deadline for FEMA to change its position or he would issue a ruling. Since the devastation by Hurricane Harvey in late August, FEMA has denied houses of worship access to federal disaster aid grants while allowing other non-profits to apply. Today, Judge Keith Ellison’s ruling in Harvest Family Church v. FEMA suggests that the end may be near for the agency’s policy that explicitly discriminates against houses of worship because of their religious status.  

The three churches – Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God –sued FEMA on September 4, because of the agency’s policy of excluding churches. The churches received overwhelming support, including friend-of-the-court briefs filed by a Houston synagogue and the Archdiocese of Galveston-Houston. But since the start of the lawsuit, FEMA has continued to shut houses of worship out of the disaster relief grant application process. The ruling today repeatedly refers to the Supreme Court’s recent decision in Trinity Lutheran Church of Columbia, Inc. v. Comer, which ruled that the First Amendment requires religious groups to receive equal access to widely available public programs.  

“Christmas may come early for hard-hit houses of worship in Texas—the Court has set the clock ticking on FEMA’s irrational religious discrimination policy,” said Daniel Blomberg, counsel at Becket, the non-profit religious liberty law firm that represents the churches. “It can’t come soon enough.”  

Judge Ellison heard arguments in the case on Tuesday. Today, he denied a request by Department of Justice lawyers to delay the case and gave FEMA a December 1 deadline to change its position or he would issue a ruling. In his ruling today, the judge recognizes that the Churches’ challenge is a “First Amendment case,” that the Churches here have suffered “significant damage,” and that FEMA’s exclusionary policy is “fraught” with constitutional issues. 

“Discriminating against houses of worship—which are often on the front lines of disaster relief—is not just wrongheaded, it strikes at our nation’s most fundamental values,” said Blomberg.  

Houses of worship were among the first to respond in Harvey’s aftermath and they continue to provide aid to their communities. While the court heard arguments on Tuesday, Hi-Way Tabernacle was unloading several tractor trailers of food and goods for distribution to hundreds of people in their community. Bizarrely, FEMA’s current policy discriminates against churches while at the same time using them for its own relief efforts. The policy also stands in defiance of the recent Supreme Court ruling in Trinity Lutheran, which protects the right of religious organizations to participate in widely available programs on equal footing with secular organizations.     

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Harvey-hit churches ask court for FEMA fairness

WASHINGTON, D.C. – Three Texas-based houses of worship were in federal court today challenging FEMA’s “no churches need apply” aid policy following the devastation of Hurricane Harvey. In Harvest Family Church v. FEMA, the three churches—like hundreds of flooded and damaged churches across Texas and other hurricane-devastated regions—have been denied access to FEMA’s disaster relief simply because they are religious. A ruling in this case will decide whether churches, synagogues, and other houses of worship across the nation will be allowed to apply for FEMA disaster relief grants. 

Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God filed a lawsuit against FEMA in September for denying them disaster aid. Over the past several weeks, these three churches – and many others – have applied for FEMA aid and were told that they are not eligible. Today, represented by Becket, the churches went to federal district court in Houston, arguing that FEMA’s discriminatory policy puts churches at the back of the line for aid, in violation of the First Amendment.   

“If the church was on fire, a fire truck would come to their aid. If there was a medical emergency, an ambulance would come to their aid. A natural disaster should be no different,” said Daniel Blomberg, counsel at Becket, the non-profit law firm representing the three churches. “These three churches helped their communities without discrimination, and FEMA should do the same.” (Watch full statement from Court)

Houses of worship were among the first to respond in Hurricane Harvey’s aftermath, and they continue to provide aid to their communities as they rebuild. Yet FEMA continues to discriminate against churches while at the same time using their buildings as relief staging centers. Its discriminatory policy defies the recent Supreme Court ruling in Trinity Lutheran v. Comer that protects the right of religious organizations to participate in widely available programs on equal footing with secular organizations.     

“Our message to FEMA is this: don’t mess with Texas churches,” said Blomberg. “FEMA has senselessly excluded churches long enough. We hope the Court will quickly put an end to FEMA’s discriminatory policy.”

The hearing took place in the Houston federal court and a ruling is expected in the coming month.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

 

Churches and FEMA collide in Houston court today

WASHINGTON, D.C. – A Houston federal court will hear argument and possibly issue a ruling today Harvest Family Church v. FEMAa case that will decide whether flooded houses of worship in Texas can have access to certain disaster relief grants on equal footing with other non-profits. After Hurricane Harvey caused one of the worst natural disasters in U.S. history, Becket filed a lawsuit against FEMA on behalf of three devastated Texas churches—Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God—arguing that houses of worship should be allowed to have equal access to FEMA aid. Since the lawsuit was filed, all three churches – and many others – have been told by government officials that they are not eligible for FEMA aid, and First Assembly even had a grant application rejected explicitly and solely because it is a church. This issue affects all houses of worship including churches, synagogues, and mosques.   

What:
Oral Argument in Harvest Family Church v. FEMA 

Who:
Daniel Blomberg, counsel at Becket
Charles Stoker, pastor of Hi-Way Tabernacle

When:
Tuesday, November 7, at 3:30 p.m. CST 

Where:
U.S. District Court for the Southern District of Texas
515 Rusk Avenue
Courtroom 3−A
Houston, Texas 77002

Becket attorneys will be available for comment immediately following the hearing.  

For more information or to arrange an interview, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Becket: People can’t be excluded from judicial service based on their religion

WASHINGTON, D.C. – Becket, a non-profit religious liberty law firm, joined several U.S. Senators and advocacy groups in speaking out today against the dangers of unconstitutional religious tests that exclude people from serving as judges or other federal officials because of their religious beliefs.

At a press conference at the United States Capitol this afternoon, Becket Senior Counsel Mark Rienzi spoke about the nomination of University of Notre Dame Professor Amy Coney Barrett to the United States Court of Appeals for the Seventh Circuit. Some have suggested that Professor Barrett is unfit for public service because of her Catholic faith. For example, Senator Dianne Feinstein (D-CA), told Professor Barrett at her judicial nomination that she was concerned about her Catholic religious beliefs, stating, “The dogma lives loudly within you.”

Rienzi stated: “It’s not just wrong to use Professor Barrett’s religious beliefs as a means to disqualify her—it’s unconstitutional. There is a long, ugly history of using religious tests to exclude Catholics, Presbyterians, Quakers, Methodists, Jews, Muslims, and atheists from public office. We shouldn’t repeat it.” (Watch his full statement on Twitter.)

Religious tests were used by England from the 16th to 19th centuries to exclude anyone not a member of the Church of England from running for public office, including Catholics, Presbyterians, Quakers, Methodists, Jews, Muslims and other dissenters and nonconformists. Today religious tests are strictly prohibited by our Constitution’s No-Religious-Test Clause, which states that “. . . no religious test shall ever be required as a qualification to any office or public trust under the United States.”

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Additional Information:                                                        

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Historic churches to court: we deserve preservation grants, too

WASHINGTON, D.C. – A group of historic churches went to the New Jersey Supreme Court today to defend their right to receive preservation grants and keep their older buildings standing. In FFRF v. Morris County Board of Freeholders, the Wisconsin-based atheist group Freedom From Religion Foundation claims that allowing historic churches to participate in historic preservation grant programs violates the New Jersey Constitution.

The following statement can be attributed to Hannah Smith, senior counsel at Becket: “Whether public restoration funds go to churches or to other buildings, they help preserve our nation’s rich history for the community and for future generations. From Boston’s Old North Church where Paul Revere hung two lanterns to the Ebenezer Baptist Church where Martin Luther King Jr. was pastor until his death, historic churches are still historic buildings, and they deserve to remain standing too.”

Between 2012 and 2015, Morris County provided preservation grants to 55 religious and nonreligious buildings. The program requires applicants to establish the historic significance of the building, and grants for churches are limited to preservation of the buildings’ exterior and structural elements.

Earlier this year in Trinity Lutheran, the U.S. Supreme Court protected a church’s right to participate in widely available public benefits programs, which would include Morris County’s historic preservation grant program. Becket along with Thomas A. Gentile of Wison Elser in Florham Park, New Jersey filed a friend-of-the-court brief defending Morris County’s grant program and the Catholic, Baptist, Episcopal, Methodist, and Presbyterian churches whose buildings have already benefited from the program. A decision can be expected in 2018.

For more information or to arrange an interview, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:       

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Federal court to decide fate of Native American sacred site

WASHINGTON, D.C. – Members of the Klickitat and Cascade Tribes went to court this morning, asking for justice after the government needlessly bulldozed their sacred burial grounds for a highway widening project (watch video). Following years of failed negotiations in Slockish v. U.S. Federal Highway Administrationthe government refuses to return the Tribes’ sacred artifacts or allow the tribes to return and rededicate the site. Today in court, the tribes argued that enough is enough.  

The highway project, begun in 2008, destroyed a sacred site located off Highway 26 near Mount Hood that included a stone altar, ancient burial grounds, a campground, and trees and medicine plants used for religious rituals. The tribes argued in court today that the Government could have widened the highway and simultaneously protected the sacred site by widening the opposite side of the road or using a retaining wall—as it did to protect nearby wetlands and a tattoo parlor. 

“The government has been destroying sacred Native American land for far too long,” said Carol Logan, elder of the Confederated Tribes of Grande Ronde“All we want is to practice our faith as our tribes have for centuries. We are hopeful that justice will be served and that our sacred spaces will at least be given the same protection as tattoo parlors.”   

Native Americans have lived in the areas surrounding Mount Hood for centuries. It has been the center of tribal quests, spiritual rituals, and sacred burial ceremonies long before this nation was founded. In 2006 the Oregon Department of Transportation announced a project to expand U.S. Highway 26, which follows portions of a traditional Native American trading route from Portland to Mount Hood. Tribal members alerted officials to the importance of the burial grounds as tribal members had done prior to previous government expansion plans. Yet this time the government refused to listen and approved the project, which bulldozed the ancestral burial grounds. Although the government left the other side of the highway untouched, the highway expansion covered the Natives’ ancestral grave sites, destroyed sacred stone markers, and removed safe access to the sites.  

The tribes are seeking justice under the Religious Freedom Restoration Act, the same law relied on by the Supreme Court to protect the Green family of Hobby Lobby and the Little Sisters of the Poor, to ensure that sacred places are respected for people of all faiths. 

“The saddest thing about this case is that this destruction never had to happen. The government had numerous alternatives for widening the highway without harming the sacred site,” said Stephanie Barclay, counsel at Becket. “The court did not seem to take kindly to the government’s extreme argument that it can destroy Native American sacred spaces with impunity.” 

Wilbur Slockish, Johnny Jackson, and Carol Logan are joined in their lawsuit by the Cascade Geographic Society and the Mount Hood Sacred Lands Preservation Alliance. They are represented by Becket, together with Seattle-based law firm Patterson Buchanan Fobes & Leitch and Oregon City attorney James Nicita. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Historic churches to court: We deserve preservation, too

WASHINGTON, D.C. – A group of historic churches will defend their right to receive historic preservation grants on Tuesday, October 23, at the New Jersey Supreme Court. In FFRF v. Morris County Board of Freeholders, the Wisconsin-based atheist group Freedom From Religion Foundation claims that the New Jersey Constitution forbids churches from participating in preservation grant programs available to all historic buildings. Yet earlier this year in Trinity Lutheran, the U.S. Supreme Court protected a church’s right to participate in generally available public benefits programs, which would include Morris County’s historic preservation grant. Becket filed a friend-of-the-court brief defending Morris County’s grant program and in support of the Catholic, Baptist, Episcopal, Methodist, and Presbyterian churches whose buildings have benefited from it. 

What 
Oral Argument in FFRF v. Morris County Board of Freeholders 

When: 
Hearing begins October 23, 2017 at 10 a.m. EST  

Where: 
The Supreme Court of New Jersey  
25 Market Street, Trenton, New Jersey, 08611 

Who:
Becket Senior Counsel Hannah Smith
will be available for comment immediately following the hearing. 

For more information or to arrange an interview, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here). 

Court to decide fate of sacred Native American burial ground

WASHINGTON, D.C. – Members of the Klickitat and Cascade Tribes of the Yakama Nation will be in court on October 23, in Portland, Oregon, asking for justice after the Federal Highway Administration needlessly bulldozed their sacred burial site when widening a highway. In Slockish v. U.S. Federal Highway Administrationthe government could have easily widened the highway and simultaneously protected the sacred site by widening the opposite side of the road or using a retaining wall—as it did to protect nearby wetlands and a tattoo parlor. But in 2008, the government ignored the tribal members’ request and destroyed one of their most sacred places where they worshiped for generations.

After years of failed negotiations, the government still refuses to return the Tribes’ sacred artifacts or allow the tribes to return and rededicate the site. On October 23, a federal court in Portland will hold a pivotal hearing that will decide the future of the sacred site. Trump administration lawyers claim that they had authority to destroy the site. The tribes are asking for protection under the Religious Freedom Restoration Act (RFRA), the same law the Supreme Court relied on to protect the Green family of Hobby Lobby and the Little Sisters of the Poor.   Oral Argument in Slockish v. U.S. Federal Highway Administration

Who:
Stephanie Barclay, counsel at Becket
Carol Logan, member of the Confederated Tribes of Grande Ronde 

When:
Hearing begins October 23, 2017 at 9:30 a.m. PST and will last approximately one hour
Press conference will immediately follow  

Where:
Mark O. Hatfield United States Courthouse, Room 12B
1000 Southwest Third Avenue
Portland, Oregon 97204-2939  

Plaintiff Carol Logan and Becket attorney Stephanie Barclay will be available for comment immediately following the hearing. 

For more information or to arrange an interview, contact Ryan Colby atmedia@becketlaw.orgor 202-349-7219.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Additional Information: 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

FEMA tells tall tales in Texas

WASHINGTON, D.C. – FEMA invited hurricane-hit houses of worship to apply for aid in Houston, yet new evidence submitted in court yesterday shows that FEMA continues to deny aid to numerous churches across Texas in need of disaster relief. In Harvest Family Church v. FEMAthree small Texas churches are challenging FEMA’s aid policy after the devastation of Hurricane Harvey. Although FEMA uses churches as staging areas for its relief efforts, it denies them aid grants simply because they are religious. 

Last month, Becket filed a lawsuit against FEMA on behalf of Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God. In an attempt to delay a court ruling, FEMA claimed that churches are welcome to apply for aid despite its “no churches need apply” policy. But over the past several weeks, these three churches – and many others – have been told that they are not eligible, and one even had a grant application rejected.  

Yesterday Becket told the court, “government officials . . . stated that Hi-Way Tabernacle and Harvest Family Church were ‘absolutely not eligible’ for PA grant funds under FEMA’s policy.” Government officials also admitted that they are telling other churches the exact same thing.  

Pastor Bruce Frazier of Rockport First Assembly of God told the court: “I have been working on emergency repairs and recovery efforts at the church 10 hours a day, six days a week since the hurricane.” Pastor Frazier explained to the court that he took several hours away from working on repairs to the church in order to apply for the grant he was offered, only to have it denied.  

Houses of worship were among the first to respond in Harvey’s aftermath, and they continue to provide aid to their communities. Yet FEMA continues to discriminate against churches while, at the same time, using them for its own relief efforts. Their discriminatory policy stands in defiance of the recent Supreme Court ruling in Trinity Lutheran v. Comer that protects the right of religious organizations to participate in widely available programs on equal footing with secular organizations.     

“FEMA isn’t just sending churches to the back of the line, it’s telling them don’t bother lining up,” said Diana Verm, legal counsel at Becket, the non-profit law firm representing the three churches. “FEMA should stop wasting time, do the right thing, and help churches help others.” 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Court ruling threatens churches with nearly $1 billion in new taxes

WASHINGTON, D.C. – Religious leaders of all faiths received a devastating blow late Friday following a court ruling that would end the “parsonage allowance,” a longstanding tax provision. The ruling in Gaylor v. Mnuchin breaks nearly 65 years of precedent and threatens churches across the country with nearly $1 billion in new taxes. It states that the parsonage allowance “violates the establishment clause because it does not have a secular purpose or effect and because a reasonable observer would view the statute as an endorsement of religion.”  

For nearly 100 years, pastors, rabbis, imams and other faith leaders—whose jobs require them to live close to their church or in an underserved community—have been eligible for the parsonage allowance. This tax provision ensures that faith leaders like South Side, Chicago-based pastor Chris Butler receive the same tax treatment as other employees who must live in the communities they serve—like military service members, teachers, and overseas workers. In 2014, the Freedom From Religion Foundation (FFRF), an atheist group, sued the IRS to prevent faith leaders from receiving equal tax treatment, threatening the viability of hundreds of thousands of churches and the communities they serve. 

“This decision is crippling to the equal treatment of our nation’s faith leaders—but it will not stand,” said Pastor Chris Butler of the Chicago Embassy Church. “Our job and our life’s purpose are one and the same: to serve our congregations and our communities 24/7. Living close to our faith communities is vital to our missions, and we should not face discriminatory tax penalties for doing so.” 

The leader of a predominantly African-American congregation, Pastor Butler devotes his life to serving his community by mentoring at-risk youth, decreasing neighborhood violence, and feeding and clothing the homeless in Chicago’s poorest neighborhoods. In this lawsuit, Becket argued that ending the parsonage allowance would discriminate against religious groups by treating them differently than many other secular employees who receive similar tax treatment on their housing allowances. Getting rid of the parsonage allowance would also harm their religious mission by diverting scarce resources away from vital ministries and would force leaders like Pastor Butler to move further away from his congregation or take up a second job, robbing the community that needs him. It would also force other churches to close altogether.  

“It’s not unconstitutional for the federal government to treat faith leaders the same as other secular employees in their housing allowances. In fact, treating them differently would be discrimination against religion, pure and simple,” said Hannah Smith, senior counsel at the non-profit religious liberty law firm Becket.  

Becket intervened in the case in January 2017 on behalf of Pastor Chris Butler and Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia. The churches will appeal this decision to the Chicago-based United States Court of Appeals for the Seventh Circuit, with a decision expected in 2018. 

For more information or to arrange an interview with a Becket attorney, please contact MelindaSkeaat media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read morehere). 

HHS finally protects Baptist universities

WASHINGTON, D.C. – A new HHS mandate rule announced this morning will at least temporarily protect East Texas Baptist University and Houston Baptist University from providing items such as the week-after pill in their healthcare plan against their religious beliefs. Under the interim rule, the federal contraceptive mandate will remain in place for most employers but will now include an exemption for religious groups, including religious universities.  

The rule aligns with the Supreme Court’s unanimous ruling last year protecting the universities in Zubik v. Burwell that the government cannot fine the religious groups for following their faith. The contraceptive mandate issue went to the Supreme Court five times, and each time the Supreme Court ruled in favor of protecting religious groups.    

“We are thankful that HHS has seen the light and issued this new rule,” said ETBU President Dr. Blair Blackburn. “Our goal is to provide excellent Christ-centered education while remaining true to our Baptist beliefs. This case is at the core about protecting the constitutionality of our institution’s religious liberty to follow the tenets of our faith rooted in God’s truths.” 

“We are glad the government has finally listened to the Supreme Court,” said HBU President Dr. Robert Sloan. “Our mission has always been driven by our faith, and all we have ever wanted was to live out that faith in every aspect of what we do.” 

The interim final rule takes effect immediately, but can be revised by HHS before being issued as final. The rule strikes a balance between the government’s interests in contraceptive access and religious liberty by retaining the Obama Administration’s overall contraceptive mandate but adding a targeted religious exemption.

With an interim rule now in place, the ongoing court battles between religious groups and the federal government may be resolved soon. The interim rule acknowledges that the earlier mandate violated the universities’ religious liberty and that there are many other ways to obtain contraceptives. 

“This is a victory for common sense at HHS. Now we need the lawyers at the Department of Justice to follow through too,” said Eric Rassbachdeputy general counsel with Becket.   

Today’s interim rule also affects other Becket clients, including the Little Sisters of the Poor, Christian Brothers Services, Christian Brothers Employee Benefit Trust, Reaching Souls International, Truett-McConnell College, GuideStone Financial Services of the Southern Baptist Convention, Colorado Christian University, Wheaton College, Ave Maria University, Belmont Abbey College, and Eternal Word Television Network. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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 Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

HHS finally protects Little Sisters of the Poor

WASHINGTON, D.C. – A new HHS mandate rule announced this morning will at least temporarily protect the Little Sisters of the Poor from providing services such as the week after pill in their healthcare plan against their religious beliefs. Under the interim rule, the federal contraceptive mandate will remain in place for most employers but will now include an exemption for religious groups.  

The rule aligns with the Supreme Court’s unanimous ruling last year protecting the Little Sisters in Zubik v. Burwell protecting the Little Sisters, which says the government cannot fine the religious groups for following their faith. The contraceptive mandate issue went to the Supreme Court five times, and each time the Supreme Court ruled in favor of protecting religious groups.   

“The new rule is a victory for common sense,” said Mark Rienzi, senior counsel with Becket. “The previous administration pursued a needless and divisive culture war. It was always ridiculous to claim you need nuns to give out contraceptives. This new rule shows that you don’t.”  

The interim final rule takes effect immediately, but can be revised by HHS before being issued as final. The rule strikes a balance between contraceptive access and religious liberty by retaining the Obama Administration’s contraceptive mandate but adding a targeted religious exemption.  

“It should be easy for the courts to finalize this issue now that the government admits it broke the law. For months, we have been waiting for Department of Justice lawyers to honestly admit that fact, like the President did in the Rose Garden five months ago,” said Rienzi. “Now that the agencies admit the mandate was illegal, we expect the leadership of the Department of Justice will cooperate in getting a final court resolution so the Little Sisters can stop thinking about lawyers and mandates and return to spending all their energies caring for the elderly.”  

With an interim rule now in place, the ongoing court battles between religious groups and the federal government may be resolved soon. The interim rule acknowledges that the earlier mandate violated the Little Sisters’ religious liberty and that there are many other ways to obtain contraceptives. 

Today’s interim rule also affects other Becket clients, including Christian Brothers Services, Christian Brothers Employee Benefit Trust, Houston Baptist and East Texas Baptist Universities, Reaching Souls International, Truett-McConnell College, GuideStone Financial Services of the Southern Baptist Convention, Colorado Christian University, Wheaton College, Ave Maria University, Belmont Abbey College, and Eternal Word Television Network. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Press Call: Implications of new HHS Rule on Little Sisters of the Poor lawsuit

WASHINGTON, D.C. – A new HHS mandate announced moments ago now provides an exemption for religious groups, including the Little Sisters of the Poor and other religious charities, while maintaining the existing federal contraceptive mandate for most employers. The interim rule aligns with the Supreme Court’s ruling last year in Zubik v. Burwell that the government cannot fine the religious groups for following their faith.   

There will be a press call at noon EST today to discuss the new rule and what it means for the Little Sisters’ ongoing lawsuit.  

The following statement may be attributed to Mark Rienzi, senior counsel at Becket and lead attorney for the Little Sisters of the Poor: “HHS has issued a balanced rule that respects all sides– it keeps the contraceptive mandate in place for most employers and now provides a religious exemption. The Little Sisters still need to get final relief in court, which should be easy now that the government admits it broke the law.” 

What:
Press call to discuss new HHS Mandate protecting the Little Sisters of the Poor 

Who:
Mark Rienzi, senior counsel at Becket 

When:
Oct. 6, 2017 at 12:15 pm EST 

Press Call Information:
888-670-9385 | Pin #: 54523
Email media@becketlaw.org with questions 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Fourteen states and major Jewish groups defend historic cross

WASHINGTON, D.C. – Fourteen states, five major Jewish groups, municipal workers, and a community service organization led a groundswell of support for a historic cross under attack in Pensacola, Florida. The broad coalition of religious and secular groups are urging the federal appeals court in Kondrat’yev, et al v. City of Pensacola to protect the 76-year-old landmark from being torn down. 

The cross was placed in Pensacola’s 28-acre Bayview Park in 1941 by a local community service group as the U.S. prepared to enter World War II. For decades, community events have been held at the cross, including Veterans Day and Memorial Day services. The cross is now one of more than 170 displays in Pensacola’s many parks and serves as a symbol of the city’s history and culture. But in June a federal judge ordered that the cross must be torn down. The city has now appealed.   

“Pensacola has played a pivotal role in American history, and it should be able to celebrate its history,” said Pensacola Mayor Ashton Hayward. “We’re grateful for this strong show of support from around the country.”

Lawsuits like this one, based on offense at religious symbols “encourage the erasure of minority religions from public life,” said the friend-of-the-court brief of five Jewish groups. 

“The district court’s reasoning would threaten countless monuments,” like “veterans’ memorials that contain religious imagery including crosses, citations to scripture, and the like,” said the friend-of-the-court brief of fourteen states. 

The cross stood for almost 75 years without complaint. But in 2016, the American Humanist Association sued the city of Pensacola on behalf of four people who said the cross was “offensive.”  

“The public square can and should reflect the important role that religion plays in our history and culture,” said Luke Goodrich, deputy general counsel at Becket, which is defending the City of Pensacola. “We don’t have to censor our history and culture just because part of it is religious.”  

The fourteen states and five Jewish organizations were joined by JCI Florida, a community service group and successor to the organization that originally donated the cross, and the International Municipal Lawyers Association, which speaks out on issues of interest to cities around the country. Becket is representing the City of Pensacola and Mayor Ashton Hayward.    

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Archdiocese, synagogue: Court must fix FEMA policy

WASHINGTON, D.C. – Two Houston religious groups hit by Hurricane Harvey, the Archdiocese of Galveston-Houston and the Congregation Torah Vachesed synagogue of Houston, urged a federal court to immediately end a FEMA policy that denies houses of worship equal access to disaster relief. The groups submitted friend-of-the-court briefs in Harvest Family Church v. FEMAwhere three small Texas churches are challenging  FEMA’s aid policy in the wake of the massive late-August natural disaster. The briefs highlight ways houses of worship responded in Harvey’s aftermath and continue to provide aid to their local communities, and point out FEMA’s unfairness in discriminating against churches while using them as staging grounds for its relief efforts.

Last month, Becket filed a lawsuit against FEMA on behalf of Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God. The lawsuit argues that, consistent with the Supreme Court’s 7-2Trinity Lutheran Church decision, churches have the right to participate equally in generally available programs with other nonprofit organizations. This week’s briefs support the churches’ arguments and counter FEMA’s attempts to delay a ruling by the court.

The Archdiocese of Galveston-Houston highlighted relief efforts by religious communities, including nuns like Sister Margaret Ann, “who was caught on tape wielding a chainsaw in her habit and clearing debris after Hurricane Irma.” The Congregation Torah Vachesed synagogue’s brief noted that “an estimated 71 percent of Houston’s Jewish population lived in areas that experienced massive flooding,” which damaged “seven major Jewish community institutions . . . includ[ing] three of the five largest synagogues in Houston.”  It also criticized FEMA’s for saying the court should wait to rule on the case until years from now, after FEMA finally rejects church applications, saying “[a] flooded synagogue has no time to spare to file a claim that FEMA has already made clear is doomed.”

The two religious groups are represented by prominent Houston firms. The Archdiocese is represented by Michael Bennett and Richard Husseini of Baker Botts LLP. And Congregation Torah Vachesed, which was joined by the national Jewish religious liberty group Jews for Religious Liberty, is represented by Jamie Aycock of Kirkland & Ellis LLP.

“Hard-hit houses of worship shouldn’t be denied a place at the table just because FEMA thinks they’re ‘too religious,’” said Diana Verm, legal counsel at Becket, the non-profit law firm representing the three churches. “FEMA should drop its phobia of religion and get back to focusing on helping communities rebuild.”

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more here).

Becket Hails Nomination of Kyle Duncan to Appeals Court

WASHINGTON, D.C. – Today, President Trump announced his nomination of the Becket Fund for Religious Liberty’s former General Counsel S. Kyle Duncan to serve as a federal judge on the Fifth Circuit Court of Appeals in New Orleans. Becket, a non-profit law firm dedicated to protecting the free expression of all religious faiths, praised the nomination.

“President Trump has hit a home run with Kyle Duncan,” said Montserrat Alvarado, executive director of Becket. “While at Becket, Kyle demonstrated his commitment to the equal protection of all Americans by defending the religious liberty of people of all faiths. Under his leadership, Becket helped a Sikh woman win the right to work for the federal government without violating her faith, helped Jewish prisoners obtain kosher meals, and helped Catholic nuns remain free to care for the elderly poor.”

From 2008-2012, Kyle served as Louisiana’s first Solicitor General and then as General Counsel of Becket from 2012-2014. He currently runs his own firm in D.C.

“Americans of all faiths should welcome Kyle’s nomination,” said Bill Mumma, president of Becket. “Very few lawyers have demonstrated the kind of empathy and understanding of people of many different backgrounds that Kyle has. He is an intelligent, upstanding man who will do great service for the Court and for all Americans.”

The Senate will consider Duncan’s nomination later this year.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Pensacola counters attack on historic cross

WASHINGTON, D.C. – A historic cross that has stood in a Pensacola park since World War II should not be torn down, the City of Pensacola told a federal appeals court. The cross is one of more than 170 displays in the city’s many public parks, but four people sued the city in 2016 claiming that the cross is “offensive.” A federal judge ordered that the monument must be removed, but the city has now appealed. 

The cross was placed in Pensacola’s Bayview Park in 1941 for a community gathering organized by a local community service group as the U.S. was on the verge of entering World War II. Pensacola, known as the “Cradle of Naval Aviation,” was heavily impacted by World War II. For decades, community events have been held at the cross, including Veterans Day and Memorial Day services. Today the cross continues to serve as a symbol of the city’s history and culture.

“Pensacola has a rich history, and it shouldn’t have to censor that history just because part of it is religious,” said Luke Goodrich, deputy general counsel at Becket, which is defending the City of Pensacola. “The constitution doesn’t treat religion like a nasty habit that must be hidden from public view; it treats it as a natural and valuable part of human culture. Pensacola can treat religion the same way.”  

Last year, the American Humanist Association sued the city on behalf of four people who said the cross was offensive. Two of those people live in Canada; the third lives outside the city; and the fourth has used the cross for his own “satanic purposes.” One of the plaintiffs had visited the cross for 23 years before filing the lawsuit. 

A federal judge ruled in Kondrat’yev v. City of Pensacola that the cross “is part of the rich history of Pensacola,” and that “the enlightened patriots who framed our constitution would have most likely found this lawsuit absurd,” but that his hands were tied by a 30-year-old decision from the appeals court, and so the cross must come down. That appeals court will now decide the cross’s fate.   

“This cross has been a positive symbol of unity for this community for over 75 years. One contrived lawsuit should not be allowed to tear it apart,” said Goodrich 

Becket is representing the City of Pensacola and Mayor Ashton Hayward, and Becket attorneys are available for comment.    

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Armando Valladares Speech Transcript

I am not an extraordinary man, and I am quite ordinary. But God chose me for something quite extraordinary.

When I was 23 years old I refused to do something that at the time seemed very small. I refused to say a few words, “I’m with Fidel.” First I refused the sign on my desk at the postal office that said that, and after years of torture and watching many fellow fighters die, either in body or in spirit, I still refused to say those words.

If I just said those three words, I would have been released from prison.

My story is proof that a small act of defiance can mean everything for the friends of liberty. They did not keep me in jail for 22 years because my refusal to say three words meant nothing. In reality those three words meant everything.

For me to say those words would constituted a type of spiritual suicide. Even though my body was in prison and being tortured, my soul was free and it flourished. My jailers took everything away from me, but they could not take away my conscience or my faith.

Even when we have nothing, each person and only that person possesses the key to his or her own conscience, his or her own sacred castle. In that respect, each of us, though we may not have an earthly castle or even a house, each of us is richer than a king or queen.

The Little Sisters of the Poor know this. They may be called the Little Sisters of the Poor, and yet they are rich in that they live out their conscience, which no government bureaucrat can invade. They know what my body knows after 22 years of cruel torture: that if they sign the form, the government demands they will be violating their conscience and would commit spiritual suicide. If they did this they would forfeit the true and only wealth they have in abandoning the castle of their consciences.

And so I salute the Little Sisters of the Poor for their seemingly small act of defiance!

I am here to tell you that every little act counts. No man or woman is too small or simple to be called to bear witness to the truth. I’m here to remind you that each of you possesses great wealth in the sacred domain of your conscience. And I’m here to tell you that each of you is called to stay true.  I am also here to tell you that when you make that choice, from that moment forward, even if you are naked, in solitary confinement for 8 years, you are never alone because God is there with you.

For many of you, particularly the young people, it may seem I come from a faraway land from a long time ago. Young friends, you may not be taken away at gunpoint, as I was for staying true to my conscience, but there are many other ways to take you away and to imprison your body and your mind. There are many ways you can be silenced, in your schools, your universities, in your workplace.

I warn you: Just as there is a very short distance between the US and Cuba, there is a very short distance between a democracy and a dictatorship where the government gets to decide what to do, how to think, and how to live. And sometimes your freedom is not taken away at gunpoint but instead it is done one piece of paper at a time, one seemingly meaningless rule at a time, one small silencing at a time. Never allow the government–or anyone else–to tell you what you can or cannot believe or what you can and cannot say or what your conscience tells you to have to do or not do.

As I look around this room I am heartened. And I want to applaud each of Becket’s clients for, in staying true to your conscience and in standing up for religious liberty, each of you protects this exceptional country of ours. A country that is not perfect but nevertheless still allows us to live in a society where we can hold a different view from each other and a different view from the government.

Thank you for this award.  I accept it in the name of the thousands of Cubans that used their last breath to express their own religious freedom, by shouting, as they faced execution: “Long Live Christ the King.” I accept it in the name of those who still suffer in Cuba–a country that in the last two years alone has destroyed more than 300 churches and houses of worship persecuting Baptists, Methodists, Anglicans and confiscating their Bible and crosses while beating their pastors and parishioners. I accept it in the name of the Jewish community in Cuba who, even at such small numbers, is also still persecuted. Finally, I accept this award in the name of my wife.  It is really her that deserves it, not me. All of you have heard the story of Penelope, who waited 20 years for Ulysses. Martha is a real life Penelope. But she didn’t stay home knitting. She traveled all over the world campaigning for my release. She waited for me. She always hoped and trusted in God that we would both be reunited Against All Hope.

Thank you.

 

Historic churches plead for preservation

WASHINGTON, D.C. – The small town of Acton, Massachusetts was in court today standing up against an anti-religious group’s attempt to exclude church buildings from historic preservation programs. In Caplan v. Town of Acton, Americans United for Separation of Church and State says preservation grants can be used for all sorts of historic buildings – just not churches and synagogues. This case comes on the heels of June’s U.S. Supreme Court decision in Trinity Lutheran v. Comer that said that the government can’t block churches from participating on an equal basis in widely available public grant programs. Becket filed a friend-of-the-court brief defending the churches’ right to receive preservation funds on an equal footing with other historic buildings.  

The following statement can be attributed to Joseph Davis, legal counsel at Becket:  

The most surprising thing about today’s argument was the lengths Americans United went to try and save its case. They argued Old North Church, made famous by Paul Revere’s ride, can receive historic preservation funds because it isn’t really a church anymore—notwithstanding its weekly congregation. They even attacked church steeples in the town’s skyline as somehow inherently “troubling.” But Acton has had it right all along: historic church buildings are an important part of our history and they should be preserved for generations to come. 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Court protects small-town prayer from pagan activist

WASHINGTON, D.C. – A federal appeals court rejected a one-man crusade to eliminate the long-standing tradition of allowing county commissioners to open their meetings in prayer. In Bormuth v. County of Jackson, the court rejected pagan activist Peter Bormuth’s lawsuit against the county of Jackson, Michigan, addressing an important church-state issue that will likely set up the need for Supreme Court review because of its conflict with another recent ruling.

In 2014, the U.S. Supreme Court unanimously protected legislative prayer in its Town of Greece v. Galloway decision, which required courts to consult history to interpret the Constitution’s Establishment Clause. Yet Bormuth attempted to dodge that ruling by using the discredited Lemon test to end the county’s prayer practice. The ruling by the full U.S. Court of Appeals for the Sixth Circuit in Cincinnati directly disagrees with a very similar case, Lund v. Rowan County, in the Fourth Circuit in North Carolina.

“The Court was right to look to our nation’s history—and not the archaic Lemon test—to interpret the Establishment Clause” said Daniel Blomberg, counsel at the non-profit, religious liberty law firm Becket. “And the court’s strong disagreement with a very similar case just decided in the Fourth Circuit means that the Supreme Court will soon have the chance to provide much-needed clarity in this area of the law.”

Legislators have opened meetings in prayer since before the founding of the country, and no one considered it to be an establishment of religion. As Becket explained in the friend-of-the-court brief that it filed with Stanford Law School Professor Michael McConnell, the Founders understood an establishment of religion to be government control of the church or government attempts to force people into or out of a church.

Yet the Lemon Test, named after the 1971 Lemon v. Kurtzman case, ignores history and encourages anti-religious activists to file lawsuits against religious expression, including monuments to fallen soldiers and the national motto “In God We Trust” in U.S. currency. Town of Greece and yesterday’s Bormuth decision are important steps to ensuring that the Establishment Clause is interpreted in the same way the rest of the Constitution is: by analyzing it through its historical context.

“Small-town officials and weary judges shouldn’t be held hostage to activists determined to fight over anything that hints at religion in public life. Today’s ruling reconnects the First Amendment with its historical roots, and helps prevent future divisive church-state lawsuits,” said Blomberg.

Jackson County is represented by Allison Ho of Morgan, Lewis & Bockius, LLP, and Hiram Sasser and Kenneth Klukowski of First Liberty Institute.

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Texas churches damaged by Harvey sue FEMA

WASHINGTON, D.C. – In the wake of Hurricane Harvey’s unprecedented destruction, flooded churches in Texas have sued the Federal Emergency Management Agency, seeking equal access to disaster relief grants available to other non-profits. In Harvest Family Church v. FEMA, three small Texas churches damaged by Harvey are challenging a FEMA policy that bans them from applying to its relief program simply because they are religious.  

While many private nonprofit organizations, such as museums and zoos, qualify for FEMA’s relief programs to help make basic structural repairs and begin rebuilding, churches, synagogues, and other houses of worship are denied access to grants. FEMA’s policy violates the Constitution, as the Supreme Court recently ruled 7-2 in Trinity Lutheran protecting the right of religious organizations to participate in generally available programs on equal footing with secular organizations. Becket has filed a lawsuit in Houston federal court against FEMA on behalf of Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God arguing that these churches have the same right to apply for disaster relief grants as other nonprofit organizations.  

“We’re just picking up the pieces like everyone else. And we just want to be treated like everyone else,” said Paul Capehart of Harvest Family Church. “Our faith is what drives us to help others. Faith certainly doesn’t keep us from helping others, and we’re not sure why it keeps FEMA from helping us.”

FEMA has previously praised churches and religious ministries and the valuable shelter and aid they provide to disaster-stricken communities, and regularly uses houses of worship to set up relief centers. In fact, just as it did after Hurricanes Rita and Ike, FEMA and local government agencies are currently using Hi-Way Tabernacle to shelter dozens of evacuees, distribute meals, and provide medical care. Yet Hi-Way is not eligible for relief for the three-foot flood it suffered in its sanctuary, simply because it primarily uses its building for religious purposes.  

FEMA has repeatedly denied disaster assistance funds to countless houses of worship in the wake of disasters like Hurricane Katrina and Superstorm Sandy, including a Jewish Chabad, a homeless shelter church ministry, and a Unitarian Universalist church. At the same time, FEMA gave aid to an octopus research center, a botanical garden, and community centers that provide sewing classes and stamp-collecting clubs.  

“Houses of worship are playing a vital role in helping Texans recover from this horrible storm,” said Verm“It’s time for FEMA to start helping the helpers, not continue a policy of irrational discrimination against churches.” 

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Fired for observing Passover, Jewish woman asks Supreme Court to hear her case 

For Immediate Release:  August 28, 2017 

Media Contact:  Melinda Skea | media@becketlaw.org | 202-349-7224 

WASHINGTON, D.C. – An Orthodox Jewish woman who was fired from her job at the Metropolitan Washington Airports Authority for observing Passover is asking the nation’s highest court to hear her case. Last month, in Abeles v. Metropolitan Washington Airport Authority, Susan Abeles appealed to the Supreme Court to hold her former employer accountable for unjustly firing her from her job of 26 years for observing the first two and last two days of Passover. A ruling from the high court could protect the right of all religious federal employees to live their faith without fear of losing their jobs. 

Susan Abeles was a statistician at the Metropolitan Washington Airports Authority (MWAA), the government agency that operates both Reagan National and Dulles International Airports, for 26 years. She observed Passover every year without incident until 2013, when she was punished and forced to retire despite following leave protocol. Today, Becket and Jews for Religious Liberty, an association of Jewish lawyers and rabbis, filed a friend–of-the-court brief asking the Supreme Court to hear Ms. Abeles’ case, arguing that the lower court decision “will inhibit Jewish religious exercise within the federal workplace and could easily result in a de facto government hiring ban on Orthodox Jews.” 

“Talk about chutzpah,” said Eric Rassbach, deputy general counsel at Becket, a non-profit religious liberty law firm. “The Airports Authority says it was okay to fire Ms. Abeles for observing Passover because it hasn’t said anything openly anti-Semitic. If that becomes the rule, then federal agencies will have a license to terminate all of their religious employees, as long as they are careful to hide their tracks. Even Pharaoh honestly admitted that he was discriminating against Jews.” 

Jewish religious law prohibits work during the first two and last two days of Passover. Millions of Orthodox Jews like Ms. Abeles have observed this important holiday for thousands of years. Despite following the MWAA’s leave policy for decades, Ms. Abeles was accused of not following protocol and forced into retirement in 2013. She sued the MWAA, which claims it is exempt from both the federal Religious Freedom Restoration Act (RFRA) and the Virginia religious freedom laws, giving it free rein to avoid all anti-discrimination laws. In July 2017 Ms. Abeles, asked the Supreme Court to hear her case. 

“The Airports Authority claiming to be above the law adds insult to injury,” said Rassbach. “The Supreme Court should take this case to ensure that people of all faiths can observe their deeply held beliefs in the federal workplace without facing discrimination or being forced out of their jobs.”  

Ms. Abeles is represented by Nathan Lewin of Lewin & Lewin. 

 

Pastors tell IRS: “Stay out of our sermons!”

WASHINGTON D.C. – A group of religious leaders is fighting to keep the government from censoring their worship services. In FFRF v. Trump, the Freedom From Religion Foundation (FFRF) is asking a Wisconsin federal court to order the IRS to enforce its regulations that explicitly forbid pastors, priests, imams, and rabbis to speak to their congregations on important issues where politics and faith overlap. But as a group of religious leaders including Chicago-based Reverend Charles Moodie told the court last night, neither the government nor FFRF should be in the business of editing sermons.  

Reverend Moodie is an inner-city Chicago pastor who ministers in a neighborhood plagued by violence, drugs and poverty. He preaches about social and political issues that affect his congregation, including protecting the most vulnerable in society. But for decades, relying on a 1954 law known as the Johnson Amendment, the IRS has ordered churches to censor their sermons on certain issues, and threatened massive punishment if churches don’t toe the line. Legal scholars on all sides of the political spectrum have called the IRS’s intrusive rule “indefensible” and “one of the most sweeping violations of the First Amendment in American history.” In May, President Trump issued an Executive Order stating that the IRS should not enforce the rules. FFRF then filed its lawsuit to demand that the IRS start enforcing the pulpit speech restrictions despite the Executive Order.  

“Pastors, priests, imams, and rabbis shouldn’t have to get the IRS’s permission just to preach candidly to their congregations,” said Daniel Blomberg, legal counsel at Becketa non-profit religious liberty law firm that defends people of all faith. “IRS sermon censorship is bad for the church and it’s bad for the state. This is one place where a little more separation of church and state would go a long way.”  

Last night, the Department of Justice told the court hearing FFRF’s case that President Trump’s May promise was meaningless, and that FFRF should ignore the IRS’s stance against pulpit speech. Becket has asked the Court to instead reject FFRF’s suit outright as a violation of the separation of church and state. In addition to Reverend Moodie, Becket is also representing Wisconsin-based Pastor Koua Vang of Hmong Baptist Ministry, Father Patrick Malone, and Father Malone’s church, Holy Cross Anglican Church of Milwaukee.  

“While Americans have good-faith disagreements about religion and politics, we should all agree that the taxman has no business telling religious leaders what to say during worship services,” said Blomberg 

This is the second time in three years FFRF has tried to silence faith. Becket intervened to protect pastors’ right to preach without government censorship two years ago, in FFRF v. Koskinen, prompting FFRF to retreat and dismiss its lawsuit.  

For more information or to arrange an interview with a Becketattorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here). 

Historic Massachusetts churches fight for equal treatment

WASHINGTON, D.C. – The small town of Acton, Massachusetts is pushing back against an anti-religious group’s attempt to exclude all church buildings from historic preservation programs. Massachusetts recognizes the importance of preserving historic landmarks—both religious and secular—and provides state funding for restoring and rehabilitating these buildings. Yet in Caplan v. Town of Acton, currently pending at Massachusetts’ highest court, Americans United for Separation of Church and State says preservation grants can be used for all sorts of historic buildings – just not churches and synagogues. Becket filed a friend-of-the-court brief defending the churches’ right to receive preservation funds on an equal footing with non-religious buildings.

This case comes on the heels of June’s U.S. Supreme Court decision in Trinity Lutheran v. Comer that said that the government can’t block churches from participating on an equal basis in widely available public grant programs. Yet Americans United says that allowing historic religious buildings to participate in the preservation grant program violates part of the Massachusetts Constitution known as the Anti-Aid Amendment. The Anti-Aid Amendment, like the notorious Blaine Amendments adopted in other states, was enacted on the back of widespread anti-Irish, anti-immigrant, and anti-Catholic feeling, and is used today by anti-religion groups to subject religious groups to unequal government treatment. When a Massachusetts trial court in 2016 allowed funds to go to two historic churches in Acton, Americans United appealed, relying on the Anti-Aid Amendment.

“If Americans United has its way, future tourists searching for the Old North Church where Paul Revere looked for ‘One if by land, two if by sea’ might end up finding a hole in the ground instead,” said Joseph Davis, legal counsel at Becket, which filed a friend-of-the-court brief in support of Acton and the churches. “France wouldn’t let the Cathedral of Notre Dame fall into ruin, and Massachusetts shouldn’t let its historic colonial churches decay from neglect either.”

Through its Community Preservation Act, the state of Massachusetts makes preseveration funds available to both secular and religious structures for projects like replacing sagging roofs, reinforcing crumbling walls, and replacing faulty wiring, recognizing that these buildings are an important part of Massachusetts’ long history that should be preserved for future generations. Since 2000, more than 8,000 projects have been carried out on secular and religious buildings, including the birthplace of Abigail Adams, the Vilna Shul synagogue, and colonial-era Quaker meetinghouses.

“Historic churches don’t have to stop being churches in order to be preserved,” said Davis. “Religious buildings are just as much part of the deep fabric of Massachusetts history as any other historic building—every citizen of Massachusetts benefits from these pieces of history. Historic houses of worship deserve to be treated equally when it comes to state historic preservation funds.”

The Massachusetts Supreme Judicial Court will hear the case on September 7.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Court tells anti-religious lawyer: Not a chance

WASHINGTON, D.C. – Today, the Court rejected a frivolous and late attempt to prolong a lawsuit trying to strip the Archdiocese of New York of its right to select its own religious leaders. Last month, in Fratello v. Archdiocese of New York, the Second Circuit unanimously rejected a former school principal’s case against the Archdiocese of New York and St. Anthony School. But the principal’s lawyer filed a petition asking the Court to set aside its decision. The petition compared the decision to the infamous Dred Scott case and the Archdiocese to “slave owners,” and insinuated that the ruling would lead to child abuse in the schools of “certain ultra-Orthodox sects of Judaism.” The Court rejected that request today, which protects not only the Archdiocese, but religious groups everywhere from governmental control of their internal decisions (watch the video.) 

The following statement can be attributed to Becket attorney Daniel Blomberg: 

“The Court made the right decision. Fratello’s tardy attempt to drag out this already overlong lawsuit wasn’t just a day late and a dollar short, it was stuffed with anti-religious bigotry. The Court was right today just as it was last month when it protected the right of religious groups everywhere to select their religious leaders, free from Uncle Sam’s control,” saidDaniel Blomberg, counsel  at Becket, which represents St. Anthony School and the Archdiocese.  

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has successfully defended clients of all faiths, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians(read more here).