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.

Additional Information:

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. 

### 

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). 

Enough is enough: Church asks Court to end bigotry

WASHINGTON, D.C. – A lawyer who last month unanimously lost his crusade to roll back constitutional protections for religious groups is trying again, filing a frivolous, abusive, and delinquent request for reconsideration that slanders the court, the Archdiocese of New York, and millions of religious minorities. Last month in Fratello v. Archdiocese of New York, the U.S. Court of Appeals for the Second Circuit rejected the lawyer’s arguments, stating that Supreme Court precedent protects St. Anthony School and the Roman Catholic Archdiocese of New York, which must have the right to choose religious leaders free from government interference (watch video). The lawyer is now demanding a full court review of that decision. 

The opposing lawyer had previously accused the Catholic Church in court of being “dangerous to society” and concocted hypotheticals about Russian Orthodox churches that were “indoctrinating children with Stalinist communism.” Becket’s response to his new request, filed two weeks late, lists his outrageous arguments, including:

  • comparing the Archdiocese to “slave owners” and the panel opinion to Dred Scott  
  • stating that millions of parochial school children “will immediately be placed at risk” of “child abuse” by “fringe, radical, fundamentalist” religious schools as result of “the Panel’s ruling”  
  • warning that “the Opinion” enables religious leaders “to propagandize and brainwash impressionable children” in a manner that renders the children “intolerant, xenophobic, [and] hateful toward others”  
  • insinuating that, given “the insular nature of certain ultra-Orthodox sects of Judaism in the New York metropolitan area,” the “Panel’s view” could lead to “children . . . being neglected or abused (educationally or otherwise)” 
  • threatening to disregard this Court’s ruling and drag the Archdiocese through more vexatious litigation in state court “because the N.Y.S. Court of Appeals will undoubtedly agree” with Fratello’s position that the panel opinion threatens “the Bill of Rights and our Democracy” 

 “Enough is enough. The Court was already exceedingly gracious to overlook the ugly anti-religious attacks last time around, but now things have gotten even worse,” said Daniel Blomberg, counsel at Becketwhich represents St. Anthony School and the Archdiocese.  “The Court does not need to allow itself to be used as a forum for such bigotry any longer.” 

As principal of St. Anthony School, Joanne Fratello was responsible for leading students in prayer and ensuring the curriculum and teachers expressed the school’s Catholic faith. When St. Anthony School believed she was no longer effective at promoting the school’s beliefs, it simply did not renew her contract, rightfully exercising its right to choose leaders who best advance its faith. Fratello’s ensuing lawsuit lost at the district court and before the three-judge panel. Her attorney is now trying to continue to drag the lawsuit out further.

Becket represents St. Anthony School and the Roman Catholic Archdiocese of New York at the Second Circuit Court of Appeals along with James P. McCabe and Roderick J. Cassidy of the Archdiocese and Kenneth Novikoff and Barry Levy of Rivkin Radler LLP. 

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. 

###  

Becketis 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). 

Native Americans seek justice for bulldozed burial grounds

WASHINGTON, D.C. – Native Americans in Oregon asked a federal court late Monday for justice after the government needlessly bulldozed their sacred burial ground during a highway widening project near Mount Hood. The project destroyed a stone altar, burial ground, campground, trees, and medicine plants used for religious rituals by members of the Confederated Tribes and Bands of the Yakama Nation, and the Confederated Tribes of Grande Ronde (watch video).

The 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. After years of failed negotiations, the government refuses to even remediate the site or return sacred artifacts. The tribal members now seek a ruling under the Religious Freedom Restoration Act, the same law relied on by the Supreme Court to protect the owners of Hobby Lobby and the Little Sisters of the Poor.

“When it’s an endangered species, wetlands, or even a nearby tattoo parlor, the government finds a way to protect it; but when it’s a Native American sacred site, they unleash the bulldozers and chainsaws,” said Luke Goodrich, deputy general counsel at Becket, the non-profit religious liberty law firm. “After taking this land from the tribes in 1855, the government now has the gall to claim that it can destroy it because it is ‘government land.’ But it’s not 1855 anymore.” 

Plaintiffs Wilbur Slockish and Johnny Jackson are Hereditary Chiefs of the Klickitat and Cascade Tribes of the Yakima Nation. They are direct lineal descendants of a chief named Sla-kish—who was the last chief to sign the Yakama Treaty of 1855 and did so under protest. Plaintiff Carol Logan is an enrolled member of the Confederated Tribes of Grande Ronde.  

“To me, this site was like a church. One that never had walls, or a roof, or a floor, but it was still just as sacred,” said Chief Jackson of the Cascade Tribe of the Yakima Nation. “If the government can callously destroy our place of worship, it could do the same to any other group.”

Wilbur, Johnny, and Carol 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, 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:   

### 

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). 

Storm of support for Boca Chabad hits land!

WASHINGTON, D.C. – The former mayor of Boca Raton, prominent local business and religious leaders, the former Florida House Majority Leader, legal scholars, and national and international religious groups are standing up for the Chabad of East Boca Raton, Florida, a Jewish community that for ten years has fought to build a synagogue. Despite two court victories in less than a year, the Chabad must continue to battle for its synagogue in Gagliardi v. The City of Boca Raton, Fla.

A small group opposed the synagogue, claiming the city is establishing a religion by allowing the Chabad to build. The group recently appealed its losses to the U.S. Court of Appeals for the Eleventh Circuit, prolonging the decade-long battle to prevent the Chabad from building a permanent home. National and international groups and local citizen-leaders filed three friend-of-the-court briefs with the court defending minority rights and supporting the Chabad’s right to build. (watch this video about the Chabad’s experience.)

“It is encouraging to know that so many in our community and our nation support us and want to welcome us with open arms. We are hopeful that soon we will be free to live and worship side by side with our neighbors and friends here in East Boca Raton,” said Rabbi Ruvi New, head of the Chabad of East Boca Raton.

The brief from leading national and international Jewish groups and signed by noted Harvard Law Professor Alan Dershowitz called out the “the virulent and ugly opposition the Chabad has encountered over the past few years” and encouraged the court to fully enforce existing “constitutional and statutory safeguards to ensure minority religious groups are given equal property and land use rights.” Another brief, led by Jews for Religious Liberty and joined by several rabbis, stated that accepting “the Plaintiffs’ argument would turn religious believers into second–class citizens” and would “prevent governmental actors from doing things like providing chaplains or kosher food to Jews in prison or in the military.” And the brief by the former mayor, former House majority leader, a local Episcopal priest, and several other local community leaders said that allowing the Chabad to build its synagogue would “serve as a potent symbol of religious equality” in Boca Raton, where the Chabad has been a “valuable organization . . . for over fifteen years.”

“It’s a shame that a small opposing group has been hiding behind ugly legal claims to stall the synagogue’s right to build,” said Daniel Blomberg, counsel at Becket, which represents the Chabad of East Boca Raton. “The misguided legal attack on the Chabad is ultimately a threat to every religious group. And today, many of those other religious groups started pushing back.”

Becket has represented many religious institutions that have faced illegal opposition, including the Islamic Center of Murfreesboro, a mosque in Tennessee, and the Church of Our Savior, an Anglican congregation in Jacksonville Beach, Florida.

The diverse amici were represented by leading lawyers and law firms, including Professor Dershowitz, Miles Coleman of Nelson Mullins, Howard N. Slugh, Professor Gregory Dolin of the University of Baltimore, and Michael Lazaroff of Greenberg Traurig. The Chabad is represented by Becket and Kirkland & Ellis.

###

Nation’s oldest synagogue wins property battle over colonial-era building

WASHINGTON, D.C. – Last night the nation’s oldest synagogue, Congregation Shearith Israel, won its long legal battle to keep ownership of the nation’s oldest synagogue building and centuries-old sacred Jewish artifacts. In Congregation Jeshuat Israel v. Congregation Shearith Israel, the court ruled that Shearith Israel’s contracts were enforceable in court, just like any other contract.  

The ruling by the federal First Circuit Court of Appeals in Boston states that Congregation Shearith Israel of Manhattan, the nation’s oldest synagogue, has sole ownership of the Touro Synagogue of Newport, Rhode Island, the nation’s oldest synagogue building. Written by retired Supreme Court Justice David Souter, the opinion declares that Shearith Israel owns both the synagogue building and colonial-era Jewish ritual objects in the synagogue. The opinion adopts the argument of a friend-of-the-court brief Becket filed on behalf of Shearith Israel. 

“Synagogues should get their day in court, just like any other American,” said Eric Rassbachdeputy general counsel at Becket, a non-profit religious liberty law firm. “This is an important victory for the rights of religious groups to establish enforceable contracts just like any other property owner.”

Shearith Israel was founded in 1654 in New York by Spanish and Portuguese Jews fleeing persecution. In the late 1700s, Shearith Israel took ownership of the Touro Synagogue in Newport, Rhode Island when the original Jewish congregation fled British colonial rulers. In the late 1800s, Jeshuat Israel, a newly-formed Jewish congregation, began leasing the Touro Synagogue from Shearith Israel, paying rent of one dollar a year. A few years ago, Jeshuat Israel decided to sell the synagogue’s ancient Torah scroll ornaments called rimonim to the Boston Museum of Fine Arts. But Shearith Israel believed that selling the artifacts would violate both Jewish law and Jeshuat Israel’s lease agreement, which agrees to respect Shearith Israel’s ownership of the property. Jeshuat Israel then sued Shearith Israel, seeking ownership of both the rimonim and the Touro Synagogue itself.Last year, a federal district court in Providence ruled against Shearith Israel, saying that they were not the owners of the rimonim or the Touro Synagogue, giving control of both to Jeshuat Israel instead. Shearith Israel appealed. Last year, Becket filed an friend-of-the-court brief urging the appeals court to allow religious groups to settle disputes themselves using binding legal agreements like other property owners. Yesterday the court adopted Becket’s arguments that contracts showing Shearith Israel’s ownership should be enforced. 

Shearith Israel is represented by Louis Solomon and Nancy Savitt of Greenberg Traurig LLP.  

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. 

Presbyterian Church wins right to follow its own religious rules

WASHINGTON, D.C. – The Kentucky Court of Appeals has protected the right of churches to follow their own religious rules, even if some church members disagree with how those rules apply to them. In Dermody v. Presbyterian Church (U.S.A.), minister Roger Dermody sued the church for defamation after it notified members that Dermody had committed ethical violations in overseeing church finances. The court’s ruling protects the right of churches to operate their internal affairs without government intrusion.

In its July 28 order, the court ruled that it could not consider Dermody’s defamation claim because reviewing the church’s decisions about its own ethics standards would violate the church-state rules of the First Amendment. The court stated that “[t]here is but one way to decide” whether Dermody violated Presbyterian religious ethics rules: “review the determinations of an ecclesiastical body applying its own ethics rules. We cannot do that.” The court’s ruling adopts arguments that Becket made in a friend-of-the-court brief in support of the church.

The following statement can be attributed to Eric Baxter, senior counsel at Becket:

“For most churches, ethics is Job One. They must be able to follow their own ethical standards. The court’s ruling is basic common sense: When someone violates a church’s religious ethics rules the church has to be able to take action. That is especially so when there are ethical concerns about the use of the funds church members put into the collection plate. To do otherwise would violate the principle of church-state separation: churches don’t control the state and the state doesn’t control churches. That goes for courts too—they can’t second guess a church’s internal affairs.”

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.

Sunshine state synagogue stymied; lawsuit continues

WASHINGTON, D.C. – The Chabad of East Boca Raton, Florida is once again fighting for its right to build a synagogue. Despite two court victories in less than a year in Gagliardi v. The City of Boca Raton, Fla., the Chabad’s battle for a house of worship is once again back in court.  With the help of a New York lawyer famous for attacking religious civil rights law, a small opposition group is prolonging the lawsuit by appealing the decision to the U.S. Court of Appeals for the Eleventh Circuit.

In 2015, the Chabad received overwhelming support from the community and unanimous approval from the city of Boca Raton to begin construction of their new synagogue. But a New York attorney sued the city on behalf of a small group opposed to the synagogue. The suit claims that by allowing a single synagogue to be built on private land, the city is establishing the Jewish religion and discriminating against Christians. But the city ordinance they are suing over requires equal treatment for all faiths to build houses of worship. This latest appeal continues a decade-long battle to prevent the Chabad from building a permanent home.

“Enough is enough. It is past time to drop the legal shenanigans and let Boca Raton welcome the Chabad into the community,” said Daniel Blomberg, counsel at Becket, which represents the Chabad of Boca Raton. “This ugly attempt to turn a disagreement about zoning into a federal lawsuit sets a dangerous precedent, harmful to everyone in Florida. The attack on the synagogue here threatens houses of worship everywhere.”

Since 2007, the Chabad of East Boca Raton, an Orthodox Jewish center, has encountered heavy, well-funded opposition to its attempt to build a new center for its growing congregation. Opposition to the synagogue claimed that allowing the synagogue to build would overwhelmingly increase traffic, prevent emergency vehicle access to the area, and lead to “inevitable” flooding. Yet the site of the proposed 2-story synagogue is surrounded by much larger buildings, including strip malls, a 7-11, and massive 22-story condos.

Some groups launched a website against the Chabad that contained anti-Semitic posts. The Chabad also suffered a string of attacks in the last few years, including the destruction and theft of glass mezuzahs that contain sacred scripture, a smashed synagogue door, and a physical assault against a teenage member of the Chabad who was told to “go back to Auschwitz” and that “Hitler was right.”

“It’s sad that a very small group would rather have a tattoo parlor or a liquor store in their community than a synagogue. Houses of worship of all faiths should be free to live and worship in their communities,” said Blomberg. 

Becket has represented many religious institutions that have faced illegal opposition, including the Islamic Center of Murfreesboro, a mosque in Tennessee, and the Church of Our Savior, an Anglican congregation in Jacksonville Beach, Florida.

The Chabad 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.

###

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). 

Historic churches deserve preservation too

WASHINGTON, D.C. – A group of historic churches is defending their right at the New Jersey Supreme Court to participate in a historic preservation grant program to help repair beautiful, historic buildings. In FFRF v. Morris County Board of Freeholders, the Wisconsin-based atheist group Freedom From Religion Foundation is suing Morris County to stop historic churches from participating in a historic preservation grant, claiming allowing churches to use the grant violates the New Jersey Constitution.

Courts have consistently protected a church’s right to participate in widely available public benefit programs. Just three weeks ago, the U.S. Supreme Court ruled 7-2 in Trinity Lutheran v. Comer that a state can’t deny church schools from participating in a shredded-tire resurfacing program to make playgrounds safer for kids. Becket will file a friend-of-the-court brief today supporting the program and churches, stating, “excluding an otherwise eligible religious organization from a public benefits program solely because of its religious status ‘is odious to our Constitution . . . and cannot stand.’”

“Historic buildings are an important part of our country’s fabric, 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,” said Hannah Smith, senior counsel at Becket, which is filing a friend-of-the-court brief on behalf of the program and churches. “Whether a historic building is used for religious or secular purposes should make no difference to whether the building gets public restoration funds.”

In 2002, Morris County created a historic preservation fund for historic buildings in the area and instituted a competitive grant program funded by property taxes. Between 2012 and 2015, the county provided grants to 55 religious and nonreligious recipients. The program requires applicants to establish the historic significance of the building, and grants for churches are limited to preservation of exterior building elements and the buildings’ structural, mechanical, electrical, and plumbing systems.

But in December 2015 FFRF sued Morris County, complaining that allowing churches to participate in the program violates the New Jersey Constitution. In January 2017, a New Jersey court ruled in favor of Morris County, protecting the right of religious historic buildings to participate in the program. FFRF appealed that decision and the case is now before the New Jersey Supreme Court. Becket, along with Thomas A. Gentile of Wison Elser in Florham Park, New Jersey today filed a friend-of-the-court brief in support of Morris County and a group of Catholic, Baptist, Episcopal, Methodist, Presbyterian, and other churches. Oral argument for the case will take place in the next few months.

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:        

###

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 protects Catholic school’s right to choose its leaders

WASHINGTON, D.C. – A victory for schools of all faiths, a New York court ruled today that St. Anthony School and the Roman Archdiocese of New York can choose a principal who shares their faith. The ruling in Fratello v. Archdiocese of New York strengthens the Supreme Court’s unanimous decision Becket secured five years ago, ensuring that a Lutheran school, not the state, gets to choose leaders who agree with its mission.

Today’s court decision rejected the arguments of the opposing trial lawyer who publicly accused the Catholic Church of being “dangerous to society,” the Russian Orthodox Church as “indoctrinating children with Stalinist communism,” and the Supreme Court’s unanimous decision as an aid to “potential jihadists.” Rejecting these outrageous claims, the Manhattan court focused on the law, stating that religions must be free to choose their leaders: “a stammering Moses was chosen to lead the people, and a scrawny David to slay a giant.

“A Catholic school is nothing without a Catholic leader,” said Mercedes Lopez Blanco of the Archdiocese of New York. “The principal is an important minister of the faith, who holds a crucial position of passing on our values to the next generation. We are grateful students at St. Anthony’s can continue receiving the Catholic education they came for.”

As principal of St. Anthony School, Joanne Fratello was a religious leader responsible for leading students in daily prayer, inviting and accompanying them to mass, ensuring their curriculum and teachers expressed Catholic faith, and hosting them at religious ceremonies. When the school believed she was no longer effective at advancing the school’s Catholic values, St. Anthony’s simply did not renew her contract, rightfully exercising its right to choose the leaders who advance their faith. Yet the trial lawyer claimed that the school was not allowed to hire the principal who would best promote the Church’s teachings.

“The court saw right through this blatantly anti-Catholic lawsuit, agreeing with the Supreme Court that the church, not the state, should pick religious leaders,” said Eric Rassbach, deputy general counsel at Becket, a non-profit religious liberty law firm, who argued the case for St. Anthony’s and the Archdiocese. “Now St. Anthony’s can go back to giving their students a quality education in the arts, sciences and faith.”

Becket represented St. Anthony School and the Roman Catholic Archdiocese of New York at the Second Circuit Court of Appeals along with James P. McCabe and Roderick J. Cassidy of the Archdiocese and Kenneth Novikoff and Barry Levy of Rivkin Radler LLP.

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.

###

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).

Court preserves historic Pensacola cross

WASHINGTON, D.C. – A federal court today protected a cross that has stood in a Florida city park for over 75 years. Last month, the court in Kondrat’yev v. City of Pensacola ordered the cross to be removed because of its religious nature, but in today’s ruling, the court acknowledged that the Mayor and City of Pensacola should be given time to appeal. An appeal will be filed soon, and a ruling is expected in the coming months.

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. The original wooden cross was replaced with the current cross by the Jaycees in 1969. 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 community and as a significant symbol of the city’s history.

“The Bayview cross has played an important role in the history of Pensacola for over 75 years,” said Ashton Hayward, mayor of Pensacola. “Our City welcomes people of all faiths and no faith at all, and we are glad that the citizens of Pensacola can continue to celebrate our remarkable history.”

Bayview Park consists of 28 acres overlooking the scenic Bayou Texar. In addition to a cross in the northeast corner of the park, there is a senior center, amphitheater, two dog parks, tennis courts, a bocce ball court, playground, multiple boat ramps and docks, walking trails, picnic areas, and a memorial to a local citizen who died in a waterskiing accident.

In May of 2016, four plaintiffs sued the city saying that the cross was offensive. Two of the plaintiffs live in Canada. One has used the cross himself for his own self-described “satanic purposes.” The fourth plaintiff lives outside Pensacola over seven miles from the cross but still says that seeing the cross would be offensive. Although a federal court recognized that the cross “is part of the rich history of Pensacola,” and that the cross “might well pass constitutional muster,” it ruled in June that the cross has a “religious purpose” and must be removed.

“The Supreme Court has repeatedly said that religion is a fundamental part of our history and culture, and the government is welcome to acknowledge that fact,” said Luke Goodrich, deputy general counsel at Becket, which is defending the City of Pensacola. “The Constitution has never required the government to scrub every religious reference from the public square.”

Becket, which is representing the city free of charge, also successfully defended a statue of Jesus in Montana memorializing soldiers who died during World War II. Last month, the city asked the court to allow the cross to remain in place while the city appeals, and today the court granted that request. The city is represented in the trial court by J. Nixon Daniel, III, and Terrie L. Didier of Beggs & Lane.

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.

 

 ###

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 fights to preserve historic cross

WASHINGTON, D.C. – The Mayor and City of Pensacola, Florida, today will ask a federal court to protect a cross memorial that has stood in a city park for over 75 years. Last week in Kondrat’yev v. City of Pensacola the court ordered the cross to be removed by July 19 because it is a religious symbol. The case presents important questions of the relationship between church and state, and the city has retained Becket, a nationally recognized non-profit religious liberty law firm, to handle the appeal for the city free of charge.

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. The original wooden cross was replaced with the current cross by the Jaycees in 1969. 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 as a significant symbol of the city’s history.

“The Bayview cross has played an important role in the history of Pensacola for over 75 years,” said Ashton Hayward, mayor of Pensacola. “We have a rich and diverse history that is worth celebrating. The Constitution doesn’t require us to erase our history just because part of that history is religious.”

Bayview Park consists of 28 acres overlooking the scenic Bayou Texar. In addition to a cross in the northeast corner of the park, there is a senior center, amphitheater, two dog parks, tennis courts, a bocce ball court, playground, multiple boat ramps and docks, and a memorial to a local citizen who died in a waterskiing accident.

In May of 2016, four plaintiffs sued the city saying that the cross was offensive. Two of the plaintiffs live in Canada. One has used the cross himself for his own self-described “satanic purposes.” The fourth plaintiff lives outside Pensacola over seven miles from the cross but still says that seeing the cross would be offensive. Although a federal court recognized that the cross “is part of the rich history of Pensacola,” and that the cross “might well pass constitutional muster,” it ruled that the cross has a “religious purpose” and must be removed.

“The Supreme Court has repeatedly said that the government can recognize the religious aspects of our history and culture without violating the Constitution,” said Luke Goodrich, deputy general counsel at Becket, which is defending the City of Pensacola. “We expect the city will win this case.”

Becket, which is representing the city free of charge, also successfully defended a statue of Jesus in Montana memorializing soldiers who died during World War II. Today the city is filing a motion asking the court to allow the cross to remain in place while the city appeals. The city is represented in the trial court by J. Nixon Daniel, III, and Terrie L. Didier of Beggs & Lane. A ruling on the motion is expected before July 19.

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.

###

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).

U.S. Supreme Court revives textbook lending program

WASHINGTON, D.C. – The U.S. Supreme Court this morning told the Supreme Court of New Mexico to reconsider a ruling discriminating against low-income and minority children. A New Mexico textbook program was designed to promote equal access to a quality education for low-income and minority children, yet the New Mexico Supreme Court ruled against it because some of those kids attend religiously affiliated schools. Today’s order protects the right of religious organizations and all New Mexico students to participate in government programs without discrimination.

This is the Supreme Court’s second such ruling in two days. Yesterday, in Trinity Lutheran v. Comer, the U.S. Supreme Court protected religious organizations’ right to participate in Missouri’s “safe playgrounds” initiative. Both the Missouri and New Mexico cases challenged Blaine Amendments, which are 19th century provisions in many state constitutions that discriminate against religious organizations—especially those focused on serving vulnerable populations. Today’s order requires the New Mexico Supreme Court to give the textbook program “further consideration in light of Trinity Lutheran.”

“In preventing skinned knees or ensuring kids learn their A-B-C’s, states are getting a clear message from the U.S. Supreme Court: they can’t exclude people from participating in government programs because of their religion,” said Eric Baxter, senior counsel at Becket. “The Court’s back-to-back rulings prove that it shouldn’t matter what your faith is—everyone has the right to participate in society on equal footing.”

Becket is defending the New Mexico Association of Nonpublic Schools and the state’s textbook program. Both the trial court and New Mexico Court of Appeals protected the program, but in 2015, the New Mexico Supreme Court disagreed. The New Mexico Supreme Court must now reconsider its ruling in light of Trinity Lutheran v. Comer

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.

Supreme Court settles schoolyard scuffle

WASHINGTON, D.C. – In a 7-2 decision, the Supreme Court today protected a Lutheran preschool, ruling that Missouri can’t discriminate against the school in a program that provides shredded-tire resurfacing to make playgrounds safer for kids. The Court’s decision in Trinity Lutheran Church of Columbia, Inc. v. Comer is a win for religious liberty, making clear that the government can’t blacklist religious organizations from participating in public safety programs simply because they are religious.

The state of Missouri created a program to protect schoolchildren from injury by helping nonprofit organizations resurface their run-down playgrounds, replacing old, hard gravel playground surfaces with safer and softer recycled shredded tire material. Trinity Lutheran preschool met all the state’s criteria for a new playground surface, yet was rejected from the program because of an old, discriminatory state law called a Blaine Amendment, which was designed to block funding to Catholic schools. Becket filed a friend-of-the-court brief arguing it is discriminatory to block religious groups from generally available public safety programs.

The Court agreed with Becket, ruling, “The Missouri Department of Natural Resources has not subjected anyone to chains or torture on account of religion. And the result of the State’s policy is nothing so dramatic as the denial of political office. The consequence is, in all likelihood, a few extra scraped knees. But the exclusion of Trinity Lutheran from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution all the same, and cannot stand. ”

“The Court’s decision is good for kids and good for religious liberty,” said Hannah Smith, senior counsel at Becket, a non-profit religious liberty law firm that filed a friend-of-the-court brief on the school’s behalf. “Trinity Lutheran was simply asking that the government play fair, treat churches equally, and help the preschool make its playground safer for children. Today’s decision does just that.”

Missouri’s Blaine Amendment was enacted in the late 1800s during a time of anti-religious bigotry and was originally designed to block funding to Catholic schools. Since then, Blaine Amendments like Missouri’s have been used to discriminate against people of all faiths including a Florida prisoner ministry, a Catholic orphanage, and severalreligiousschools, preventing them from participating in public benefit programs.

“This decision is significant because seven of the justices agreed that churches can’t be treated as second-class citizens when it comes to widely available public safety benefits,” said Smith.

Becket, along with Stanford Law Professor Michael McConnell, submitted a friend-of-the-court brief defending Trinity Lutheran’s right to participate in the state’s program on equal footing with all other applicants.

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.

 ###

 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).

Georgia high court protects scholarships for low-income children

This morning the Georgia Supreme Court protected low-income schoolchildren and their scholarship program from a challenge that used a discriminatory 19th century law called the Blaine Amendment. The decision allows students to receive the best education for their needs, regardless of the school they choose.

Georgia’s Scholarship Tax Credit Program was created to help Georgia schoolchildren—particularly low-income students—get a quality education. However, several challengers sued to shut down the program, arguing that students on scholarships may choose to attend religious schools. The challengers claimed these tax credits amounted to state money for religious education. Today, the court rejected the attack on the program, stating, “When the state refunds money for overpayment of taxes, it is not remitting public funds but is returning the taxpayer’s own money.”

“Disgruntled taxpayers do not have the right to deprive children of a quality education,” said Lori Windham, senior  counsel at Becket, which filed a friend-of-the-court brief supporting the scholarship program. “Thanks to the court, schoolchildren who rightfully earn scholarships have the right to choose their own futures.”

Under the program, Georgia taxpayers can donate to scholarship organizations and receive a credit on their state taxes. But some challengers used the state’s Blaine Amendment, a 19th century law rooted in anti-religious bigotry, to try and shut down the scholarship program. Blaine Amendments were passed during a wave of anti-Catholic bigotry during the 1870’s and were designed to keep Catholic organizations—including orphanages, schools and charities—from having access to public funds, during a time when public schools used Protestant prayers, lessons and Bible readings. Today, those laws are being used against any school that is “too religious.”

“This law has been discriminating against religious schools, charities, and children for centuries. It’s time to end Blaine’s baneful existence,” said Windham. 

Last year, a lower court dismissed the case, but the challengers appealed to the Georgia Supreme Court, which ruled to protect the program. Late last year, Becket urged the court to protect both the children and the religious schools they attend from discrimination.

A similar lawsuit in Oklahoma aimed at preventing special-needs kids from using a scholarship to help them attend a school—secular or religious—was defeated in February of last year (watch video).

###

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).

Supreme Court rules: banned band no more!

WASHINGTON, D.C. – The U.S. Supreme Court championed free speech today, ruling unanimously 8-0 in Matal v. Tam for The Slants, an Asian-American rock band. In 2011, the government rejected the band’s trademark application because their name was deemed “too offensive.” Today’s Court ruling bolsters the First Amendment’s protections of free speech, even speech that offends.

In 2011, Simon Tam, a political activist and lead musician of The Slants, tried to register the name of his band in the federal trademark system but the government rejected his application because “Slant” was deemed too derogatory to Asian Americans. Tam, who is Asian American, challenged the decision in court and won. The government then appealed to the U.S. Supreme Court, which today ruled in his favor. Last year, Becket filed a friend-of-the-court brief on his behalf highlighting that the “no disparagement” rule for religious speech is incompatible with true religious freedom, since one person’s blasphemy is often another person’s article of faith.

“The government defends free speech around the world because it knows when free speech is threatened, religious minorities suffer,” said Hannah Smith, senior counsel at Becket, a non-profit religious liberty law firm. “Whether politically correct or not, speech should be protected here at home as well as abroad.”

For more than a decade, Becket and the U.S. government have fought laws banning “insulting” and “defaming” religious speech at the United Nations and in places like Pakistan, Indonesia, and Australia, where minority groups are silenced and marginalized for expressing their beliefs. These blasphemy laws are widely abused to target religious minorities like Asia Bibi, the Pakistani Christian woman sitting on death row for allegedly insulting the Prophet Mohammed. The U.S. government has long opposed blasphemy laws that ban offensive speech against beliefs and institutions abroad, yet here at home has blocked allegedly “disparaging” names from the federal trademark system.

In its ruling, the court stated: “We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”

“When it comes to religious speech, one person’s blasphemy is often another person’s testimony. No government should have the power to punish speech to protect beliefs, institutions, or people from criticism,” said Smith.

Tam is represented by Eugene Volokh and Stuart Banner of the UCLA School of Law Supreme Court Clinic, and John Connell of Archer & Grenier, P.C. Last December, Becket told the Supreme Court that the U.S. government should practice at home what it preaches abroad: free speech for all, even speech that offends.

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.

###

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).

Pagan activist looks to end prayer at public meetings

WASHINGTON, D.C. – Peter Bormuth, a self-proclaimed pagan activist with a long history of suing local government entities and nonprofits, is suing a county commission to end their right to pray before public meetings. Today, the full 15-member U.S. Court of Appeals for the Sixth Circuit heard his case, Bormuth v. County of Jackson, in a packed Cincinnati courtroom. Rejecting Bormuth’s lawsuit could dramatically clarify and improve religious liberty law, and may set the stage for Supreme Court review due to a likely conflict with a similar pending case in North Carolina.

In 2014, the Supreme Court protected the tradition of legislative prayer in its Town of Greece v. Gallowaydecision, which required courts to consult history to interpret the Establishment Clause. But Bormuth is trying to dodge that ruling by using the discredited Lemontest. Named after the 1971 Lemon v. Kurtzman case, the test ignores history and encourages anti-religious activists to file lawsuits against religious expression. Activists have attacked monuments to fallen soldiers and tried to scrub “In God We Trust” from currency. Justice Scalia famously compared the Lemon test to a zombie—popping up unexpectedly to frighten the small towns with lawsuits, often defeated in judicial opinions, but never quite dead.

“The Supreme Court’s 2014 Town of Greece landmark opinion finally put the zombie Lemon six feet under, where it belongs,” said Daniel Blomberg, a Becket attorney who attended oral argument today, Becket filed a friend-of-the-court brief in the case. “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.”

Legislators have opened meetings in prayer since before the founding of the country and none of the Founding Fathers would have thought that violated the Establishment Clause. The Founders understood an establishment of religion to consist of serious problems like government control of the church, coercive attempts to push people into and out of churches, or giving certain public financial support to the church. They were not worried about a few words that someone prays at the beginning of a meetings, words that no one is forced to agree with or listen to.

In May 2017, Becket teamed up with leading religious liberty scholar and Stanford Law School Professor Michael McConnell in a friend-of-the-court brief to explain that under the Supreme Court’s new rule, the Establishment Clause must be interpreted in the same way as the rest of the Constitution: by analyzing it through its historical context.

A decision in the case 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.

###

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).

Alert: Press Call on Becket filing in “travel ban” case

WASHINGTON, D.C. – This afternoon Becket urged the Supreme Court to review the Trump administration’s “travel ban” cases Trump v. International Refugee Assistance Project and Trump v. Hawaii through the proper legal lens in order to protect people of faith. Currently, several groups, including the ACLU, are challenging the President’s Executive Order on immigration but are using the wrong legal framework to properly protect religious minorities.

Becket has a long track record of defending people of all faiths from religious targeting, including Muslims. Becket won the historic religious freedom victory for Muslims,Holt v. Hobbs, at the U.S. Supreme Court in 2015.

The cases currently before the Supreme Court have been decided under the discredited and weak “Lemon Test,” which relies on subjective guesswork by judges about government motivation. Instead, these cases should be resolved using the Free Exercise Clause, which has a well-developed and objective test for stopping governments from targeting religious minorities. Using the right constitutional tests will lead to the best outcomes not just for Muslim immigrants, but for other religious minorities and all Americans who cherish their First Amendment protections.

What:
Press call to discuss Becket’s amicus brief in Trump v. International Refugee Assistance Project and Trump v. Hawaii

Who:
Becket Senior Counsel Mark Rienzi

When:
Monday, June 12, 2:30 pm EST

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

 

If the U.S. Supreme Court agrees to hear the case, oral argument would take place early next term.

 

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.

 ###

 

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).

A pagan, an atheist, and God walk into court: two religion cases are no joke

WASHINGTON, D.C. – The Sixth Circuit Court of Appeals in Cincinnati will hear arguments Wednesday and Friday in two separate activist-led lawsuits that will influence the role of religion in the public square.

In Bormuth v. Jackson County, a Pagan activist with a long history of anti-religious lawsuits is trying to force county commissioners to stop opening their meetings with voluntary prayer, even though the Supreme Court unanimously protected legislative prayer in the landmark 2014 decision, Town of Greece v. Galloway. If the Sixth Circuit follows that unanimous decision, its ruling will likely conflict with a legislative prayer case currently at the Fourth Circuit, Lund v. Rowan County, making another Supreme Court case is very likely.

In New Doe Child # 1 v. The Congress of the United States, atheist activist Dr. Michael Newdow is suing the government yet again – after losing in his previous attempts – to strip the national motto, “In God We Trust,” from all U.S. coins and bills. Becket filed friend-of-the-court briefs in both cases to protect religion in public life.

Who:
Becket Counsels Daniel Blomberg and Diana Verm

What:
Oral Arguments in Bormuth v. Jackson County and New Doe Child # 1 v. The Congress of the United States

When:
Bormuth v. Jackson County: Wednesday, June 14, 2017 at 1:30 p.m. EST
New Doe Child # 1 v. The Congress of the United States: Today, June 16, 2017 at 8:30 a.m. EST

Where:
Sixth Circuit Court of Appeals
100 East Fifth Street
Cincinnati, Ohio 45202

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.

###

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).

Supreme Court protects nun-run hospitals

WASHINGTON, D.C. – Today in Advocate Healthcare Network v. Stapleton, the U.S. Supreme Court voted 8-0 to protect. religious hospitals founded and run by nuns, allowing them to continue providing generous benefits for their employees as well as free health services to their inner city communities. The ruling rejects absurd claims from class-action lawyers that these Catholic and Protestant religious hospitals had to use the same sort of for-profit pension plans used by corporations such as Exxon or Walmart. That would have forced these hospitals to divert crucial funds from their charitable programs or even permanently close their doors.

Churches were the first organizations in the U.S. to provide pension plans to their employees. Today, these faith-driven hospitals provide generous benefits to their employees through comprehensive church pension plans as well as much needed health services to their surrounding communities. This ruling confirms what government agencies like the IRS have recognized for more than 30 years: that hospital ministries are part of the larger church and can offer tax-exempt church pension plans under The Employee Retirement Income Security Act (ERISA).

“The Supreme Court got it right,” said Eric Rassbach, deputy general counsel at the religious liberty law firm Becket, which filed a friend-of-the-court brief on behalf of the hospitals. “Churches—not government bureaucrats and certainly not ambulance chasers—should decide whether hospitals are part of the church. It is simple common sense that nuns, soup kitchens, homeless shelters, seminaries, nursing homes, and orphanages are a core part of the church and not an afterthought.”

In reaching its decision, the Supreme Court recognized that the IRS’s artificial distinction between houses of worship and religious organizations that serve the poor “disfavors” religious social service organizations. Over the past four years, class-action lawyers have brought nearly 100 lawsuits against various Catholic and Protestant hospitals around the country, arguing that these nonprofit hospitals had broken the law by participating in nonprofit church pension plans instead of using lower-benefit pension plans designed for large for-profit corporations like Exxon and Walmart.

The lawyers argued that serving others is not part of being a “church” and therefore religious hospitals and other religious ministries cannot use church pension plans. This ignores a core part of what churches do, includes going into the community to feed the hungry, serve the homeless, distribute refugee relief, and more. This is why, for decades, Congress and the IRS have allowed religious non-profits to provide church pension plans for their employees instead of for-profit pension plans. Had the class-action lawyers prevailed, they would have received millions of dollars in attorneys’ fees, robbing the hospitals of funds needed to help the poor and needy.

“Faith for most religious Americans means being out in the community serving with and for others, particularly the least among us,” said Rassbach. “Thanks to this ruling, these hospital ministries can continue following their faith, helping their communities, and providing generous pension plans for their employees.”

Becket filed an amicus brief defending Advocate Health Care Network and other religious hospitals in January 2017.

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.

###

 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).

 

Leaked rule would protect Little Sisters of the Poor and religious charities

WASHINGTON, D.C. – The Little Sisters of the Poor and other religious groups would be protected from the HHS mandate under a new draft rule leaked today, fulfilling a Supreme Court ruling last year and President Trump’s promise earlier this month. The new regulation, currently under review, would exempt religious groups from the requirement to cover services like the week-after pill. But the new rule would leave in place the religious “accommodation” created by the Obama administration, making that route available to groups that choose to continue using it.

“Better late than never,” said Mark Rienzi, senior counsel with Becket. “At long last the United States government acknowledges that people can get contraceptives without forcing nuns to provide them. That is sensible, fair, and in keeping with the Supreme Court’s order and the President’s promise to the Little Sisters and other religious groups serving the poor.”

The older version of the rule already contained enormous exemptions, just not for religious groups like the Little Sisters and other charities serving the poor. One hundred million Americans—nearly one in three—don’t have insurance plans that must comply with this mandate. The government was already exempting large corporations like Exxon and Visa, and even its own government-run plans for the disabled and military families. It’s time to bring some common sense to this regulation and protect religious groups serving those in need.

Most of the new rule’s language updates the existing “accommodation” for religious groups, ensuring that the option is still available for religious groups that choose to use it. It broadens the exemption created by the Obama Administration to cover a broader group of employers with sincere religious or moral objections to particular services, such as the week-after pill. The new rule also makes it clear that insurers may issue separate policies to women whose employers are exempt from the mandate.

“You will hear the number 55 million bandied about by opponents of the Little Sisters of the Poor. But the actual number of affected employees is less than 3/10ths of one percent of 55 million. This is Chicken Little on steroids,” says Rienzi.

The contraceptive mandate issue has been to the Supreme Court five times, and each time the Supreme Court has ruled in favor of broader protections for religious groups. This rule, if made official in this form, is consistent with those Supreme Court rulings. If the rule goes into effect, further legal action will still be necessary to wrap up the challenges to the prior version of the mandate.

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.

 

###

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: Press call to discuss possible HHS change to protect Little Sisters

WASHINGTON, D.C. – Today a version of a new rule protecting religious conscientious objectors like the Little Sisters of the Poor was leaked to the press. There will be a press call starting at 12:45 p.m. EST today to discuss the leaked HHS interim rule and the impact it will have on the Little Sisters of the Poor’s case.

The following statement may be attributed to Mark Rienzi, senior counsel at Becket and lead attorney for the Little Sisters of the Poor: “At long last the United States government has acknowledged that people can get contraceptives without forcing nuns to provide them. That is sensible, fair, and in keeping with the President’s promise to the Little Sisters and other religious groups serving the poor. This leaked interim rule, if issued as written, is an important first step in allowing the Little Sisters to focus on serving the poor rather than defending themselves against their own government.”

What:
Press Call to discuss possible HHS Mandate to protect the Little Sisters of the Poor

Who:
Mark Rienzi, senior attorney at Becket

When:
Wednesday, May 31, 2017 at 12:45 p.m. EST

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

 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.

###

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).

Mosque wins equal treatment, $3.25 million settlement

WASHINGTON, D.C.– A New Jersey town agreed to treat all houses of worship equally and pay $3.25 million in damages and attorneys’ fees, after a federal court ruled that the town had illegally discriminated against a local mosque. The settlement agreement, signed today, ends lawsuits brought by the United States Department of Justice and the mosque and ensures that all houses of worship in the town will be treated equally.

The Islamic Society of Basking Ridge has been trying to build a permanent house of worship for almost a decade. In 2012, it purchased a four-acre lot zoned for houses of worship and designed a small, unassuming mosque that met every requirement of the local zoning code. But four years and 39 public hearings later, the town denied the mosque a permit—after making up new zoning requirements that had never been applied to any other house of worship. The mosque and the U.S. Department of Justice sued, and a federal court ruled on December 31, 2016, that the town had illegally discriminated against the mosque.

“Our constitution guarantees every religious congregation equal treatment under the law,” said Hannah Smith, senior counsel at Becket, which filed an amicus brief in support of the Islamic Society. “Every religion is a minority in some part of the country. If one religious group can be denied equal treatment because of hostility to their faith, then all religious groups are at risk.”

Becket filed a friend-of-the-court brief on behalf of a diverse coalition of religious, legal, and civil liberties groups—including Christians, Jews, Hindus, Sikhs, and others—to defend the mosque’s right to equal treatment (view full coalition list). Becket has defended houses of worship against discriminatory zoning practices across the country – from Jewish synagogues in Florida to Christian churches in California, and almost everything in between.

The mosque was joined in its lawsuit by the U.S. Department of Justice. To settle the Department of Justice’s lawsuit, the town agreed to amend its zoning ordinance to treat all houses of worship equally.

Becket was joined in its friend-of-the-court brief by Christopher J. Paolella of the New York law firm Reich & Paolella. The Islamic Society of Basking Ridge and Mr. Chaudry are represented by the New York law firm Patterson Belknap Webb & Tyler LLP.

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.

###

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 printer wins free speech case

For Immediate Release:  May 12, 2017
Media Contact: Ryan Colby | media@becketlaw.org | 202-349-7219

WASHINGTON, D.C. – A Kentucky court championed free speech today, ruling that the government cannot force t-shirt printer Blaine Adamson to create gay-pride t-shirts in violation of his religious beliefs. The court agreed with Becket, top legal scholars, and LGBT business owners, who all stood up for the rights of artists to choose what messages they would promote, without fear of government punishment. Today’s ruling emphasized that “the ‘service’ [the printer] offers is the promotion of messages. The ‘conduct’ [the printer] chose not to promote was pure speech.”

Adamson is the owner of Hands On Originals, a small print shop in Lexington, Kentucky. Adamson regularly employs and serves LGBT individuals, and serves everyone regardless of race, gender, or sexual orientation. He also cares deeply about the messages he promotes. Just as pro-choice printers have declined to print pro-life messages, and LGBT printers have declined to print anti-gay messages, Adamson does not print messages that violate his beliefs. Following common printing industry practice, he only creates messages that align with his views, and has declined to create t-shirts promoting strip clubs, violence, and sexually explicit videos. That’s why LGBT business owners stood up for Mr. Adamson’s right to choose the messages he promotes.

“It doesn’t matter what the speech is—pro-gay, anti-gay, pro-immigration, anti-immigration—the government can’t force you to print it,” said Luke Goodrich, deputy general counsel at Becket, a non-profit religious liberty law firm. “That’s the beauty of free speech: It protects everyone.”

In 2012, the Gay and Lesbian Services Organization (GLSO) asked Mr. Adamson to print shirts promoting the local gay-pride festival. Because Mr. Adamson believes in traditional marriage, he could not in good conscience print the shirts. Instead, he referred GLSO to other printers who would match his price. Although GLSO received many offers to print the shirts and ultimately obtained them for free, it filed a complaint with the Lexington-Fayette Urban County Human Rights Commission, which ordered Mr. Adamson to print the shirts and attend government-mandated “diversity training.” Today’s ruling makes clear that this violated Adamson’s freedom of speech.

“Free speech is most important on the most divisive issues,” said Goodrich. “That is the last place the government should ever be allowed to demand conformity.”

Mr. Adamson is represented by Alliance Defending Freedom. In October 2015, Becket filed a friend-of-the-court brief defending Mr. Adamson with renowned scholar and University of Virginia Law Professor Douglas Laycock, and Stoll Keenon Ogden PLLCS.

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.

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).

Leonard Leo receives religious liberty’s highest honor

NEW YORK, NY – Over 500 leaders and religious liberty advocates honored Leonard Leo, Executive Vice President of the Federalist Society, last night at the 22nd annual Canterbury Medal Gala. Leo received the 2017 Canterbury medal—Becket’s highest honor—for his lifelong advocacy for religious freedom in our courts and abroad. Law firm McDermott, Will & Emery received Becket’s Legal Award and attendees enjoyed a one-night only, exclusive photography exhibit capturing America’s distinct and divergent religious expressions (watch tribute video).

“Leonard has gone about what he’s done with saint-like qualities, modesty, serving in his own life as a quiet example of faith and courage. All of us here should feel gratitude for what Leonard has done,” said Eugene Scalia, son of the late Justice Antonin Scalia, partner of Gibson, Dunn & Crutcher LLP and presenter of the Canterbury Medal.

“Freedom of religion protects the right of conscience, not just in houses of worship but in workplaces, schools, hospitals, government offices, and anywhere else we go in this world,” said Leonard Leo, 2017 Canterbury Medalist. “Happily, we in the United States are still a world away from those other places where freedoms are rarely honored because of a fierce independence that refuses to be ordered about, pushed around, or told when your faith is welcome and when it’s not. This is the most American of qualities.” (Full transcript and video of his speech).

Leonard Leo is a champion of global religious liberty, having served as chairman of the U.S. Commission on International Religious Freedom (USCIRF) as well as delegate to the UN Council and UN Commission on Human Rights. In the U.S., he promotes civil liberties as executive vice president of the Federalist Society for Law and Public Policy Studies. Leo is also an active leader in Catholic organizations, serving on the boards of the Catholic Information Center, Catholic University of America, and the Ethics and Public Policy Center. He is a founding board member of the National Catholic Prayer Breakfast and a member of the Sovereign Military Order of Malta.

Law firm McDermott Will & Emery was also recognized at the Gala, receiving Becket’s Legal Service Award for their outstanding and crucial contributions on behalf of the Sikh community. For decades, observant Sikhs have been almost entirely excluded from U.S. military service because of regulations that prohibited them from maintaining their religiously mandated dress and grooming. McDermott Will & Emery’s partnership with Becket, along with the Sikh Coalition, culminated in new regulations that now allow observant Sikhs to serve their country without forfeiting their faith.

The 2017 Canterbury Medal Gala included an exclusive, one-night-only photography exhibit entitled Religion in America. The stunning exhibit allowed viewers to experience the diverse religious landscape of America through intimate photographs depicting how different faiths worship in modern American society. The rituals of various faiths, including Buddhists, Christians, Hindus, Jews, Muslims, and Native Americans, were depicted in the 30+ photos of the event.

Becket’s annual gala is a black-tie event held at the Pierre Hotel in New York and is attended by the most distinguished religious leaders and religious liberty advocates throughout the world. This year’s Canterbury Medal Gala chair was Sean Fieler, Chairman of both the American Principles Project and Chiaroscuro Foundation and President of Equinox Partners, LP. Notable guests included: Mother Loraine, Mother Provincial of Little Sisters of the Poor, Captain Simratpal Singh, Sikh U.S. Army Captain, Kristina Arriaga de Bucholz, commissioner of the United States Commission on International Religious Freedom (USCIRF), Dr. Ossama Bahloul, Imam and recognized scholar in the Foundations of Islam, and Robert Soto, Lipan Apache leader.

The Canterbury Medal recognizes courage in the defense of religious liberty and is given to a leading figure who champions a robust role for religion in society. Past medalists include the late Nobel Peace Laureate and Holocaust survivor Elie Wiesel, Cuban poet and former political prisoner Armando Valladares, Archbishop of Philadelphia Charles J. Chaput, OFM Cap., New York Times bestselling author and radio host Eric Metaxas, Learned Hand Law Professor Mary Ann Glendon of Harvard, and Elder Dallin H. Oaks of the Church of Jesus Christ of Latter-day Saints.

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:

###

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).

President pledges support for the Little Sisters of the Poor

NEW YORK, NEW YORK – After nearly five years and multiple wins at the Supreme Court, the Little Sisters of the Poor are a step closer to being free to serve. The 175-year-old religious order of women who care for the elderly poor received important presidential support in their long legal battle today. For four years, the Little Sisters have fought against a government mandate that would have forced them to provide services such as the week-after pill against their beliefs – even though the government already exempted plans covering one in three Americans, large corporations like Exxon and Pepsi, and its own insurance plans for military families. Today the President instructed government agencies and lawyers to respect religious liberty and consider how to change the mandate to comply with applicable law.

The Supreme Court heard the Little Sisters’ case last March, along with several other non-profit religious groups. Two months later, the Court unanimously ruled in favor of the Little Sisters, erasing the lower court’s ruling against them and ordering the government not to fine the nuns.

“Nearly one year ago today the Supreme Court protected our ability to serve the elderly poor while remaining true to our faith,” said Mother Loraine, Mother Provincial of the Little Sisters of the Poor. “Today we are grateful for the President’s order and look forward to the agencies giving us an exemption so that we can continue caring for the elderly poor and dying as if they were Christ himself without the fear of government punishment.”

The Sisters previously received unanimous protection from the Supreme Court and a midnight reprieve on New Year’s Eve 2013 before government fines were about to begin. In all, the government brought its mandate to the Supreme Court five times and lost five times. And those decisions were unanimous in the two cases involving the Little Sisters.

“The President’s order makes clear that all federal agencies and lawyers must obey the law and respect religious liberty,” said Mark Rienzi, Senior Counsel at Becket, which represents the Little Sisters and others challenging the HHS Mandate. “As the Supreme Court’s orders show, it was unnecessary and illegal to impose this mandate on the Little Sisters and other religious organizations. Our country has enough real problems without picking pointless culture wars against women who spend their lives caring for the elderly poor. America is better than that.”

The legal battle started when the government created a new regulation requiring the Little Sisters and other non-profit religious groups to change their healthcare plan to provide services that violate their faith. The government refused to exempt the Little Sisters, even though it exempts health plans covering 1 in 3 Americans simply for reasons of cost or convenience (see the numbers here). The government also exempts large corporations like Exxon, Chevron and Pepsi, because they never changed their plans and so are grandfathered. And it exempts the massive health plan covering U.S. military families. But the government refused to give the same right to the Little Sisters.

“The writing has been on the wall for a long time, which is why even the Obama Administration told the Supreme Court that there were other ways to achieve its goals,” said Rienzi. “President Trump deserves credit for his order, and now the agencies and government lawyers need to follow through to finally give up this futile crusade.”

The Little Sisters have received widespread support in their case, including from a diverse coalition of religious leaders representing Jewish, Muslim, Native American, Catholic, Protestant and other faiths as well as over 200 Democratic and Republican Members of Congress. Today’s order also affects other Becket clients, including Christian Brothers Services, Christian Brothers Employee Benefit Trust, Houston Baptist and East Texas Baptist UniversitiesReaching Souls International, Truett-McConnell College, GuideStone Financial Services of the Southern Baptist Convention, Colorado Christian University, Wheaton College, Ave Maria University, and Eternal Word Television Network.

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:

###

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).

Media Advisory: Press call to discuss Presidential Executive Order on religious liberty

NEW YORK, NEW YORK – Moments ago, the President signed an executive order protecting the Little Sisters of the Poor, a 175-year-old religious order of women who care for the elderly poor, and other religious nonprofits around the country from the government’s contraceptive mandate. The executive order comes after the Little Sisters fought imposition of the mandate in four years of litigation and after multiple wins at the Supreme Court. The executive order instructs government officials to follow religious liberty laws, including the Religious Freedom Restoration Act (RFRA) and reconsider the mandate, which would force the Little Sisters to provide services, such as the week-after pill, against their religious beliefs. The government fought to impose this mandate on the Little Sisters even though the government already exempted plans covering one in three Americans, large corporations like Exxon and Pepsi, and its own insurance plans for the disabled and military families.

A press call to discuss the implications of the Executive Order and the future of its impact on the Little Sisters of the Poor will be held this morning/afternoon at 12:15 p.m. Eastern at 888-670-9385 (Pin: 54523).

What:
Press Call to discuss the The Little Sisters of the Poor 

Who: 
Lori Windham, senior counsel at Becket

When: 
Thursday, May 4 at 12:15 p.m. Eastern

How to join:
Dial in number: 888-670-9385
Pin: 54523
Email questions in advance to: media@becketlaw.org

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:

###

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).

Is legislative prayer on its way back to the Supreme Court?

WASHINGTON, D.C. – For the second time in three years the longstanding tradition of local legislative prayer could be sent back to the U.S. Supreme Court. A Pagan activist sued to stop county commissioners in Jackson County, Michigan from opening their meetings with voluntary prayer, arguing that it establishes religion even though the Supreme Court already unanimously protected legislative prayer in 2014. Becket, along with leading religious liberty scholar Professor Michael McConnell of Stanford Law School, filed a friend-of-the-court brief today explaining that local legislative prayer does not violate the Constitution.

A Pagan activist, Peter Bormuth has sued more than six times in the past few years against various governmental bodies and nonprofits, including suing a community college because it did not give him special treatment as a “druidic bard” at poetry readings, and suing a local nonprofit nature center after he sent an email threatening staff because he thought they shouldn’t use a golf cart. His latest lawsuit, Bormuth v. Jackson County, tries to force individual county commissioners to stop praying.

“Just three years ago the Supreme Court unanimously supported legislative prayer,” said Daniel Blomberg, counsel at Becket, and lead attorney in this case. “There’s nothing unconstitutional about opening a meeting in prayer. And some people would say that government needs all the help it can get.”

The case, which will be heard at the Sixth Circuit Court of Appeals in Cincinnati, could come into conflict with Lund v. Rowan County, another legislative prayer case currently at the Fourth Circuit. If the two courts rule differently, another Supreme Court case is very likely, even though the Court unanimously supported legislative prayer in Town of Greece v. Galloway just three years ago.

In this case, Bormuth, who represents himself, lost in federal district court, but won in a 2-1 decision at the Sixth Circuit Court of Appeals. The full Sixth Circuit then spontaneously scheduled the case for argument before the entire 14-judge court.

“Sometimes the squeaky wheel shouldn’t get the grease,” added Blomberg. “Disagreements about religion cannot be used as an excuse to banish religious activity entirely from public life. If courts would simply reconnect the First Amendment with its historical roots, there wouldn’t be so many divisive church-state lawsuits.”

The full 14-judge Sixth Circuit will hear the case on June 14 in Cincinnati.

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:                                                           

###

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).

Religion in America: Exclusive exhibit celebrating religious expression

WASHINGTON, D.C. – On Thursday Becket will host an exclusive photo exhibit, Religion in America, as part of its Canterbury Medal Gala. The one-night-only exhibit will unveil an intimate look at the diverse expressions of faith in modern American society. From daily worship routines to sacred ceremonies, the exhibit provides unique insight into the rituals of diverse faiths, including Buddhists, Christians, Hindus, Jews, Muslims, Native Americans, and more.

Over 30 photographs will be featured at the exhibit, including a Seventh-day Adventist baptism, a Hindu wedding, a Sioux Jingle Dance, and a Bahá’í chorus, illustrating the human longing for transcendent truth, goodness, and beauty. Each photo illustrates humanity’s impulse to seek and know a higher power, be it through song, dance, scripture, attire, or community.

“We are all born with an innate desire for transcendent truth. Every person has the right to search for truth, even if that means disagreeing with each other,” said Melinda Skea, curator of the exhibit and communications director at Becket. “This exhibit is a testament to religious freedom, which includes the freedom not only to genuinely seek truth, but to express and celebrate the truth within society as our faith calls us to.”

Becket’s annual Canterbury Medal Gala honors an individual who has demonstrated courage and commitment in the defense of religious liberty in America and around the world. This year’s medalist is Leonard Leo, an internationally recognized champion of religious liberty (watch video here).

“I have tried to dedicate my life’s work to protecting the rights of each individual to express their faith freely,” said Leonard Leo, the 2017 Canterbury Medalist. “It is vital we stand together to protect religious freedom to preserve the dignity and worth of every human being.”

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

For more information or to arrange an interview, 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.

###

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’s statement regarding negotiations with the Department of Justice about the contraceptive mandate

Becket’s Statement:

Becket is pleased to report that productive negotiations with the Department of Justice about the contraceptive mandate have recently resumed. We are quite hopeful that these negotiations will be fruitful and that the government will promptly provide relief to our clients both in court and in the regulatory process. We are confident and expect that the administration will remain steadfast in its commitment to conscience rights and will promptly get to a resolution that fully reflects our nation’s longstanding commitment to religious liberty for all.

###

Lion of the Law receives religious liberty’s highest award

WASHINGTON, D.C. – Leonard Leo will be honored next week at Becket’s Canterbury Medal Gala in recognition of his efforts behind Judge Neil Gorsuch’s U.S. Supreme Court confirmation and his international religious freedom work with U.S. Commission on International Religious Freedom (USCIRF). Becket’s highest honor, the Canterbury Medal recognizes an individual who has demonstrated courage and commitment in the defense of religious liberty in America and around the world (watch video here).

“Leonard is driven by a profound belief that freedom of religion, conscience and belief is a bedrock right. That all the other precious liberties that we value and cherish to some degree flow from a protection of this very basic right. This belief animates everything he does,” said Katrina Lantos Swett, President of the Lantos Foundation for Human Rights and Justice, and former Commissioner of the U.S. Commission on International Religious Freedom.

In 2007, Leo was appointed by President George W. Bush to the bipartisan U.S. Commission on International Religious Freedom (USCIRF). He served as chairman for three years, traveling to Iraq, Saudi Arabia, Nigeria, Sudan and Vietnam to assess country conditions on religious freedom. Leo is the executive vice president of the Federalist Society for Law and Public Policy Studies. While on leave from the Federalist Society in 2005, 2006, and 2017, Leo organized efforts in support of the U.S. Supreme Court confirmations of Justices Roberts, Alito, and Gorsuch. He has been a U.S. Delegate to the UN Council and UN Commission on Human Rights as well as the Organization of Security and Cooperation in Europe and World Health Assembly of the WHO.

“Leonard Leo has accomplished valuable work in our courts and around the globe that continues to strengthen the landscape of religious liberty. His extraordinary dedication to freedom and the law has rightfully earned him this year’s Canterbury Medal,” said Bill Mumma, president of Becket.

Leo is active in many Catholic charitable organizations, serving as a founding board member of the National Catholic Prayer Breakfast and sits on the Board of Directors at the Catholic Information Center, and the Board of Trustees at the Catholic University of America. He is a member of the Sovereign Military Order of Malta, and serves on the Board of Directors of the Ethics and Public Policy Center.

The Canterbury Medal draws its name from one of history’s most dramatic religious liberty stand-offs, between Archbishop of Canterbury Thomas à Becket, the law firm’s namesake, and King Henry II of England. Becket’s annual Canterbury Gala is a black-tie event held at the Pierre Hotel in New York and is attended by the world’s most distinguished faith leaders and defenders of religious freedom. Past medalists include the late Nobel Peace Laureate and Holocaust survivor Elie Wiesel, Cuban poet and former political prisoner Armando Valladares, Archbishop of Philadelphia Charles J. Chaput, OFM Cap., New York Times bestselling author and radio host Eric Metaxas, Learned Hand Law Professor Mary Ann Glendon of Harvard, and Elder Dallin H. Oaks of the Church of Jesus Christ of Latter-day Saints.

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:

###

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).

McDermott Will & Emery to receive Becket’s Legal Service Award

WASHINGTON, D.C. – McDermott Will & Emery will receive Becket’s 2017 Legal Service Award for outstanding contributions to religious liberty. Since 2009, McDermott has donated thousands of hours and more than a million dollars in attorneys’ fees advocating with the Sikh Coalition to end religious discrimination against Sikh Americans who wish to serve in the U.S. military. McDermott will be presented with the award at Becket’s annual Canterbury Medal Gala on May 4 in New York City.

Despite a storied history of valiant military service, including in the United States from at least World War I through the Vietnam War, observant Sikhs have been almost entirely excluded from the U.S. military for the last thirty-five years due to tightened grooming regulations issued in 1981 that prohibited them from maintaining their religiously mandated turbans, unshorn hair, and beards (watch video). In 2015, McDermott partnered with Becket and the Sikh Coalition to file two lawsuits on behalf of four Sikh soldiers for the right to serve with their articles of faith intact.

“McDermott is a leader among law firms in defending civil rights,” said Montserrat Alvarado, executive director of Becket. “Its work to end religious discrimination in the military has been indispensable not only for Sikh Americans, but for all soldiers whose faith sustains them in their service to our country.”

The two lawsuits capped more than six years of tireless effort by McDermott laying the groundwork to show that allowing Sikhs to serve without relinquishing their articles of faith would enhance, not hamper, the Army’s mission. Through McDermott’s initial efforts with the Sikh Coalition, led by partner Amandeep Sidhu, the Army granted three observant Sikhs individual religious accommodations to serve in the Army. The lawsuits sought the same right for all Sikhs and culminated in new regulations issued in January 2017, presumptively allowing Sikhs to serve without having to forfeit their faith.

“We are honored by this award and what it symbolizes for the Sikh community at large,” said Guy Collier, a partner at McDermott, Will & Emery, who spearheaded the firm’s work on behalf of Sikh Americans. “Our partnership with Becket and the Sikh Coalition symbolizes the importance of religious freedom for all and the good that can be accomplished through attorneys’ pro bono services.”

Prior recipients of Becket’s Legal Service Award include Proskauer Rose, Locke Lord LLP, and Paul Clement, now at Kirkland & Ellis. McDermott will be honored at Becket’s Canterbury Medal Gala alongside this year’s Canterbury Medal Award recipient, Leonard Leo, an internationally recognized champion of religious liberty (watch video here).

For more information please contact Melinda Skea at mskea@becketlaw.org or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

###

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100 percent 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).

What started on the playground ends at Supreme Court

WASHINGTON, D.C. – The Supreme Court heard argument this morning in Trinity Lutheran Church of Columbia, Inc. v. Comer, involving a Lutheran preschool, which was blocked from participating in a Missouri program that provides shredded-tire resurfacing to make playgrounds safer for kids. The case will determine whether the government can blacklist religious organizations from participating in public safety programs simply because they are religious. This is the first religious liberty case heard by newly confirmed Justice Gorsuch.

The state of Missouri created a program to protect schoolchildren from injury by helping nonprofit organizations resurface their dilapidated playgrounds. The program would replace old, hard gravel playground surfaces with new, safer and softer recycled shredded tire material. Trinity Lutheran preschool met all the state’s criteria for a new playground surface. Yet the school was rejected from the program because, according to the state, letting churches participate in the program violated an old, discriminatory state law designed to block funding to Catholic schools. Becket, which filed a friend-of-the-court brief, argued it is discriminatory to block religious groups from generally available public safety programs.

“What the state is saying here is that it wants kids to play safe on playgrounds, just not church-owned playgrounds,” says Hannah Smith, senior counsel at Becket. “But the government can’t deny safety benefits to kids at a Lutheran preschool simply because their school is religious—that’s not good for kids and it’s not good law.”

Trinity Lutheran’s playground, currently covered with a mix of gravel and grass, is used not only by its own schoolchildren but by children from the surrounding community. Missouri ranked Trinity Lutheran’s application fifth out of 44 applications based on numerous secular criteria, including overall quality of the project, the benefit to the surrounding community, and the school’s recycling education programs. But, citing Missouri’s discriminatory Blaine Amendment, the state denied Trinity Lutheran’s application solely because the preschool is run by a church.

Missouri’s Blaine Amendment was enacted in the late 1800s during a time of anti-religious bigotry and was originally designed to block funding to Catholic schools. Since then, Blaine Amendments like Missouri’s, have been used to discriminate against people of all faiths including a Florida prisoner ministry, a Catholic orphanage, and several religious schools, preventing them from participating in public benefit programs. Trinity Lutheran sued the state of Missouri in 2013 for this blatant discrimination.

“All of the children who play on Trinity Lutheran’s playground—its own students and the neighborhood kids—are just as important as any others,” says Smith. “They deserve the same protections that Missouri is making available to others around the state.”

Becket, along with Stanford Law Professor Michael McConnell, submitted a friend-of-the-court brief defending Trinity Lutheran’s right to participate in the state’s program on equal footing with all other applicants.

A ruling is expected by the end of June.

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.

###

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 to Court: God is not a dirty word

WASHINGTON, D.C. – Becket urged a court today to protect the national motto “In God We Trust” from an atheist attempt to scrub “God” from all facets of public life. The national motto “In God We Trust” is based on the national anthem and first appeared on U.S. currency in 1864, but atheist activist Dr. Michael Newdow is suing in two different courts on behalf of a group of atheists to now have the words stripped from all U.S. coins and bills.

Newdow argues that printing the motto on money is a government establishment of religion and puts a “burden” on atheists’ “exercise of religion” – even though Newdow and the group of atheists suing specifically reject all religion. Today, Becket filed a friend-of-the-court brief at the Eighth Circuit Court of Appeals to defend the motto.

“This is not Iran or Saudi Arabia,” said Diana Verm, legal counsel at Becket. “No reasonable person would pick up a penny, see the words ‘In God We Trust,’ and panic because we’ve become a theocracy.”

This is Newdow’s latest in a long series of attempts to have the national motto removed from coins. In 2014, his lawsuit in the Second Circuit in New York was rejected outright after he claimed that “In God We Trust” violated the Constitution’s Establishment Clause, which prohibits the government from establishing a state religion or favoring one religion over another. In February, Becket filed a friend-of-the-court brief defending the national motto from yet another one of Dr. Newdow’s lawsuits in the Sixth Circuit.

This time, Dr. Newdow is making both arguments: that the national motto both violates the Establishment Clause and “burdens his religious exercise.” In its brief, Becket explains that for the Founders who wrote the First Amendment, an “establishment of religion” meant an official state church with government funding, government control, and fusion of church and state – and putting the national motto on our coins and bills is none of those things.

“‘God’ is not a dirty word,” said Verm. “Dr. Newdow has every right to hold his beliefs, but he doesn’t have the right to impose them on the rest of us.”

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.

Kristina Arriaga to receive Newseum’s 2017 Free Expression Award

WASHINGTON, D.C. – Kristina Arriaga, senior advisor to Becket’s board and member of U.S. Commission on International Religious Freedom, will be honored tonight at the Newseum’s 2017 Free Expression Awards. Arriaga was chosen for the Religious Freedom Award for her lifelong work protecting the free expression of all religious traditions in the United States and around the world.  The Newseum presents the awards annually to those who exhibit passion for and dedication to free expression.

“The only way to protect our right to live according to our deeply held convictions is if we all become a little less concerned with being offended and a lot more concerned with challenging ourselves to have a robust debate of ideas,” said Kristina Arriaga de Bucholz, recipient of the 2017 Newseum Institute Free Expression award. “It is our birthright to have religious freedom but it is also our duty to protect that right for everyone–even for those with whom we disagree.”

Arriaga’s career began in D.C. working for U.S. Ambassador José Sorzano at the Cuban American National Foundation. She went on to become an advisor to the U.S. delegation to the United Nations Human Rights Commission where she worked on raising awareness of the plight of Cuban political prisoners with former political prisoner, Ambassador Armando Valladares.

Arriaga served as the executive director of Becket from 2010 to 2017, where she led a team of lawyers and communications professionals to victory in groundbreaking Supreme Court religious liberty cases including the recent case involving the Little Sisters of the Poor, an order of nuns who take care of the elderly dying poor, Holt v. Hobbs, a case about the rights of prisoners, Hosanna Tabor v. EEOC, a case involving separation of Church and State, and Hobby Lobby v. Burwell, a case regarding the right to run a family business. Arriaga was recently appointed to the United States Commission on International Religious Freedom (USCIRF).

“No one is more deserving of this award than Kristina. She has successfully fought for the religious freedom of individuals around the world,” said Bill Mumma, president of Becket. “Under her leadership, Becket has protected the rights of diverse individuals of faith to practice according to their conscience. As a current commissioner of USCIRF, her efforts are invaluable to the cause of religious liberty.”

The Award ceremony will take place tonight at the Newseum. For more information, visit www.newseum.org/freeexpressionawards.com.

For more information please contact Melinda Skea at mskea@becketlaw.org or 202-349-7224.

###

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100 percent 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).

Religion in America: An exclusive photographic event

WASHINGTON, D.C. – Becket will unveil an exclusive photo exhibit, Religion in America, as part of its 2017 Canterbury Medal Gala next month. The one-night-only exhibit will take place May 4 and will give an intimate look at how diverse people of faith worship in modern American society. From daily routines to sacred ceremonies and celebratory milestones, the exhibit recognizes that expressions of faith throughout America are diverse and inextricably woven into our lives–and cannot be confined to the four walls of a temple or church. The photographs include Buddhists, Christians, Hindus, Jews, Muslims, Native Americans, and more.

For people of faith, rituals are an essential element of religious expression. From the daily routines of prayer, meditation, scripture study, and song, to celebrations of life’s most significant moments—birth, marriage, coming-of-age, and death—rituals express our deepest beliefs about transcendent truth. These rituals, both big and small, reflect the deeply rooted human desire for something higher.

“All human beings are born with a thirst for transcendent truth and a desire to express the truth as they understand it. From the prayers they utter, to the garments they wear, to the sacred ceremonies they observe – religious rituals reflect our longing for God,” said Melinda Skea, curator of the exhibit and communications director at Becket. “Although each faith is different, they all tell a story of longing for God, and that is the story told though this exhibit.”

Becket’s annual Canterbury Medal Gala honors an individual who has demonstrated courage and commitment in the defense of religious liberty in America and around the world. This year’s medalist is Leonard Leo, an internationally recognized champion of religious liberty (watch video here).

“I have tried to dedicate my life’s work to protecting the rights of each individual to express their faith freely,” said Leonard Leo, the 2017 Canterbury Medalist. “It is vital we stand together to protect religious freedom in order to preserve the dignity and worth of every human being.”

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

For more information or to arrange an interview, 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:

###

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).

Supreme Court to decide if gov’t can blacklist church schools from public safety programs

WASHINGTON, D.C. – Today the Supreme Court will hear the case of Trinity Lutheran Church preschool, which was blocked from participating in a Missouri program that provides safer playgrounds for kids. Becket filed a friend-of-the-court brief in support of Trinity Lutheran, which could have received a grant to replace its dilapidated gravel playground surface with safer and softer recycled tire material, but was denied because it is a religious organization. The case, Trinity Lutheran v. Comer, will determine whether the government can blacklist religious organizations from participating in public safety benefits simply because they are religious. Trinity Lutheran will be the first religious liberty case that newly confirmed Justice Gorsuch will hear before the Court’s term ends.

Who:
Becket Senior Counsel Hannah Smith

What:
Oral Argument for Trinity Lutheran v. Comer

When:
Wednesday, April, 19, 2017
10:00 a.m. Eastern

Where:
The Supreme Court of the United States
1 First Street NE, Washington, DC

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:                                              

###

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).

New Becket website: Everything you need to know about religious liberty

WASHINGTON, D.C. – Becket, the leading religious liberty law firm, launched its new website becketlaw.org, featuring a comprehensive database for every case, issue and resource on religious liberty, displayed with bold images and cutting-edge design. The launch coincides with its new brand: Becket – Religious Liberty for All, to reintroduce Becket’s timeless mission to defend religious liberty for all faiths and in all areas – from individual rights to the public square – with a sleek, media-savvy look.

The interactive site can be viewed from all platforms, with a streamlined design that makes for straightforward and engaging access. New features include:

“As the go-to source for religious liberty, Becket is proud to provide the same wealth of information but in a more visually dynamic way, creating a more intuitive experience,” said Melinda Skea, communications director of Becket. “Our legal work has always been cutting edge, and now our website reflects the modern urgency and importance of our mission to defend religious liberty for all.’”

In February Becket unveiled a bold, modern logo with refreshed colors and updated its name to a shorthand and tagline: Becket – Religious Liberty for All. The new brand serves to reintroduce its timeless mission to protect religious freedom in a modern, media-savvy society.

Founded in 1994 by Kevin “Seamus” Hasson, Becket is the premier non-profit, public-interest religious liberty law firm in the U.S. and the only firm that protects the free expression of all religious traditions. Becket is supported by charitable donations and has a 100 percent win-rate before the United States Supreme Court.

For more information 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. 

###

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100 percent 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).

Inmate wins right to kosher meals for Orthodox Jews

WASHINGTON, D.C. – An Orthodox Jewish inmate won a twelve-year legal battle with the state of Texas Friday, voluntarily dropping his lawsuit after convincing the Texas prison system to provide a kosher diet not only to him, but to all Orthodox Jewish inmates in the state. This win is another one of Becket’s victories on behalf of prisoners’ religious liberty, including the 2014 Supreme Court case Holt v. Hobbs.

The vast majority of states provide Jewish inmates with kosher meals, and studies show that allowing prisoners to practice their faith leads to better behavior in prison and fewer crimes after release. Nevertheless, Texas refused to provide Orthodox Jewish inmates with kosher meals, arguing concerns about cost. So in 2005, Max Moussazadeh sued. The court ruled in Moussazadeh’s favor, concluding that the denial of kosher meals violated his faith and that the cost of kosher meals was “minimal”—“less than .005% of the food budget.” The lawsuit prompted Texas to begin offering a kosher diet to all of the state’s Orthodox Jewish inmates.

“Protecting religious freedom in prison is not only smart, but also the right thing to do,” said Luke Goodrich, deputy general counsel at Becket. “Allowing prisoners to practice their faith results in better behavior in prison and less crime after release—and it respects human dignity.”

Although Texas initially resisted Moussazadeh’s lawsuit, he won important victories in the Fifth Circuit Court of Appeals in New Orleans in 2010 and 2013. After the state began providing a kosher diet for all the state’s Orthodox Jewish inmates, Moussazadeh put the lawsuit on hold until he was released from prison. The suit was finally dismissed on Friday following his release from prison in 2016.

Currently, more than thirty-five states and the federal government provide a kosher diet to observant Jewish inmates. Beckethas also won similar kosher diet cases against Florida and Georgia, and assisted in a similar victory against Indiana. In 2015, Becket won a unanimous Supreme Court victory on behalf of a Muslim prisoner in Arkansas seeking to practice his faith in prison.

“At least thirty-five states and the federal government have been providing a kosher diet for years,” said Goodrich. “They have shown that the benefits of respecting religious freedom are worth far more than a few pennies per meal.”

Mr. Moussazadeh was represented by Becket, along with firm Latham & Watkins, LLP.

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.

###

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).

Second time’s a charm: Synagogue defeats discriminatory lawsuit

Washington, D.C. – For the second time in less than a year, a federal court in Florida rejected a lawsuit and gave a local Jewish congregation a crucial win on the road to building their synagogue, just weeks before Passover.

After a decade of fighting for a house of worship, Jews in Boca Raton have now defeated a hostile attempt to prevent them from building their synagogue. Two local landowners, ignoring unanimous city council approval for the synagogue, filed a lawsuit claiming that allowing the synagogue would discriminate against them as Christians. But the city ordinance explicitly benefits all faith groups, not just the synagogue, and local Christian congregations strongly supported the synagogue.

“After years of patience and perseverance, the Chabad has now removed a big barrier to building a home for their congregation,” said Daniel Blomberg, legal counsel at Becket, which represents the Chabad of East Boca Raton. “It’s sad that some people would rather have a tattoo parlor or a liquor store in their community than a synagogue. Despite ugly anti-religious hostility toward the Chabad, it’s an inspiration to see their undaunted commitment to move forward.”

The Chabad of East Boca Raton is an Orthodox Jewish center that provides religious worship, outreach, and educational services. Since 2007, it has encountered heavy, well-financed opposition to its attempt to build a new center for its growing congregation. After the city unanimously approved the Chabad’s synagogue plan, opposing groups launched a website containing anti-Semitic posts. In fact, the lawsuit against the synagogue admitted that some of the opposition was openly anti-Semitic (though the plaintiffs themselves said that they were not hostile toward Jews).

The Chabad also suffered a string of attacks in the last few years, including the destruction and theft of glass mezuzahs that contain sacred scripture, a smashed synagogue door, and physical assault against a teenage member of the synagogue who was told to “go back to Auschwitz” and that “Hitler was right.”

The court’s opinion today noted that even the landowners admitted that some of the opposition to the Chabad was “motivated by religious animus.” The court ruled that there was no problem with allowing the Chabad to build. To the contrary, the Chabad won because the landowners never “alleg[ed] to have suffered the injuries that the [Constitution] exists to protect against.”  The court sternly reminded the plaintiffs that “not every unfavorable… zoning decision rises to the level of a constitutional violation.”

“This long battle against the synagogue attacks everyone’s religious liberty,” said Blomberg. “Fortunately, the court’s ruling puts that behind us. It’s time to let the Chabad build.”

The Chabad of East Boca Raton, Inc. is represented by Becket, Kirkland & Ellis, and Weiss, Handler & Cornwell.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlawfund.org or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.   

 ###

Becketis 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).

Government double standard threatens Baltimore women’s center

WASHINGTON, D.C. – A non-profit pregnancy center helping low-income women is being targeted by a discriminatory city ordinance. The Greater Baltimore Center for Pregnancy Concerns, which provides help to women facing unplanned pregnancies, is being forced to display government abortion messaging on the walls of their church-owned property. Fighting to be treated on equal terms with other pregnancy counselors in the area, the Center today asked the court for protection.

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 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. This double standard by the city threatens the mission of the Center and their goal to create a comforting and supportive environment for women at a vulnerable time in their lives.

“We spend our time offering love and support to women in need,” said Carol Clews, Executive Director of the  Center for Pregnancy Concerns. “That’s help the City should be celebrating, not silencing. I hope that the City will let us get back to serving the women and children of Baltimore.”

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.

“The Constitution protects the rights of the Center’s small staff and volunteers to practice and express their faith, which includes not only what they say, but also how they say it,” said David Kinkopf, partner at Gallagher Evelius & Jones, which represents the Center.

“The City can say whatever it wants to about abortion.  But it can’t use the walls of a church to say it,” said Mark Rienzi, senior counsel at Becket, the non-profit religious liberty law firm also representing the Center.

The Greater Baltimore Center for Pregnancy Concerns is also represented by Peter Basile from Ferguson, Schetelich & Ballew, P.A.

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

###

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).

Supreme Court to decide fate of nun-run hospitals

WASHINGTON, D.C. –  A group of religious hospitals today asked the Supreme Court for protection from lawyers claiming that the hospitals are not part of a church. In Advocate Health Care Network v. Stapleton a group of class-action lawyers argue that several religious hospital networks shouldn’t be allowed to provide their employees with church pension plans rather than for-profit pension plans similar to those used by corporations like Exxon or Walmart. If Advocate and hundreds of other religious hospitals around the country were forced to follow for-profit rules, money currently used to serve the poor and inner city communities would be lost and many would be forced to shut down.

Churches were the first organizations in the U.S. to provide pension plans to their employees. Today these faith-driven hospitals provide generous benefits to their employees, including pensions through the hospitals’ comprehensive church pension plans. Yet their beliefs and the charitable work they do are being threatened by a group of class-action lawyers who are targeting religious hospitals claiming that hospital ministries are not religious enough to have a tax-exempt church pension plan under The Employee Retirement Income Security Act (ERISA). However, the IRS has viewed these ministries as part of a larger church for more than 30 years.

“If you find yourself arguing that the Franciscan Sisters of the Poor are not part of the Catholic Church you are doing it wrong,” said Eric Rassbach, deputy general counsel at the religious liberty law firm Becket, which filed a friend-of-the-court brief on behalf of the hospitals. “Lawyers have no place saying that nuns are not part of the church—not to mention soup kitchens, homeless shelters, seminaries, nursing homes, and orphanages. These nonprofits are a core part of the church, not an afterthought.”

Over the past four years, class-action lawyers have brought nearly 100 lawsuits against various Catholic and Protestant hospitals around the country, arguing that these nonprofit hospitals had broken the law by participating in special church pension plans instead of using lower-benefit pension plans designed for large for-profit corporations like Exxon and Walmart. If the class-action lawyers prevail, they will receive millions of dollars in attorneys’ fees. In essence, these lawyers argued that serving others is not part of being a “church” and therefore religious hospitals, and other religious ministries, cannot use church pension plans. But a core part of what churches do includes going into the community to feed the hungry, serve the homeless, distribute refugee relief, and more. This is why, for decades, Congress and the IRS have allowed religious non-profits to provide church pension plans for their employees instead of for-profit pension plans.

“For most religious Americans, faith is not some secretive activity conducted behind closed doors,” said Rassbach. “Faith for them means being out in the community serving with and for others, particularly the least among us. The Supreme Court should recognize that fact.”

The Supreme Court is anticipated to decide the case by the end of June.

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

 ###

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 attorney to testify at Gorsuch confirmation hearing

WASHINGTON, D.C. – Becket senior counsel and two-time Supreme Court clerk Hannah Smith will testify before the Senate Judiciary Committee on March 23 regarding the confirmation of Judge Neil Gorsuch to the United States Supreme Court. Smith completed two clerkships at the U.S. Supreme Court for Justices Clarence Thomas and Samuel Alito. As an expert in religious liberty issues, Smith has worked at Becket since 2007 defending religious liberty for people of all faiths, including Native Americans, Sikhs, Muslims, and the Little Sisters of the Poor, a group of Catholic nuns who dedicate their lives to caring for the elderly poor. Smith was on the Becket legal teams that secured Supreme Court victories in several precedent-setting religious liberty cases including Holt v. Hobbs, Burwell v. Hobby Lobby and EEOC v. Hosanna-Tabor, which the Wall Street Journal called the “most important religious liberty case in a half century.” 

Who:
Becket Senior Counsel Hannah Smith

 What:
Confirmation Hearings of Judge Neil Gorsuch to the United States Supreme Court

 When:
Thursday, March 23, 2017
(hearings begin at 11 a.m.)

Where:
Hart Senate Office Building 216

For more information or to arrange an interview, please contact Melinda Skea atmedia@becketlaw.orgor 202-349-7224.

###

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 names “Lion of the Law” Leonard Leo 2017 Canterbury Medal


WASHINGTON, D.C. –
 Leonard Leo, an internationally recognized champion of religious liberty, is the 2017 Canterbury Medalist, Becket’s highest honor. Becket’s annual Canterbury Medal honors an individual who has demonstrated courage and commitment in the defense of religious liberty in America and around the world (watch video here).

“Leonard Leo has been a steadfast and vigilant champion of religious freedom, at home and abroad,” said Mary Ann Glendon, Learned Hand Professor of Law at Harvard Law.

In 2007, Leo was appointed by President George W. Bush to the bipartisan U.S. Commission on International Religious Freedom (USCIRF). He served as chairman for three years, traveling to Iraq, Saudi Arabia, Nigeria, Sudan and Vietnam to assess country conditions on religious freedom. Leo is the executive vice president of the Federalist Society for Law and Public Policy Studies. He is currently on leave to support Neil Gorsuch’s U.S. Supreme Court confirmation. While on leave from the Federalist Society in 2005 and 2006, Leo organized efforts in support of the U.S. Supreme Court confirmations of Justices Roberts and Alito. He has been a U.S. Delegate to the UN Council and UN Commission on Human Rights as well as the Organization of Security and Cooperation in Europe and World Health Assembly of the WHO.

“Leonard Leo is a lionhearted defender of law and freedom. His dedication to religious liberty is profoundly important to our country and for religious believers worldwide,” said Bill Mumma, president of Becket.

Leo is active in many Catholic charitable organizations, serving as a founding board member of the National Catholic Prayer Breakfast and sits on the Board of Directors at the Catholic Information Center, and the Board of Trustees at The Catholic University of America. He is a member of the Sovereign Military Order of Malta, and serves on the Board of Directors of the Ethics and Public Policy Center.

The Canterbury Medal draws its name from one of history’s most dramatic religious liberty stand-offs, between Archbishop of Canterbury Thomas à Becket, the law firm’s namesake, and King Henry II of England. The annual Canterbury Gala to honor 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, Archbishop of Philadelphia Charles J. Chaput, OFM Cap., New York Times bestselling author and radio host Eric Metaxas, Learned Hand Law Professor Mary Ann Glendon of Harvard, and Elder Dallin H. Oaks of the Church of Jesus Christ of Latter-day Saints.

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.

###

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).

African-American pastor asks court to protect his ministry

WASHINGTON, D.C. – Bishop Ed Peecher, a South Side, Chicago-based pastor asked the court yesterday to end a discriminatory lawsuit aimed at barring his ability to live in and serve his community.  A swift court ruling in this case, Gaylor v. Lew, would preserve the long-standing federal tax provision – called the parsonage allowance – protecting religious leaders who receive housing allowances just like other secular employees.

Atheist group Freedom From Religion Foundation (FFRF) sued the government in 2014 to prevent churches from receiving the same tax treatment on their employee housing allowances that many other non-profit organizations and businesses do. FFRF argues that unless the IRS bars faith organizations from this same tax treatment, it is violating the Constitution. Yet for much of the past century, 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 provided by their church.  This is the same principle that allows businesses to reimburse travel and overseas housing costs tax-free and provides housing to teachers and police who live in the communities they serve.

The founder of a predominantly African-American congregation, Bishop Peecher devotes his life to serving his community to decrease gang violence, mentor at-risk youth, and feed and clothe the homeless in Chicago’s poorest neighborhoods. Becket attorneys defended Bishop Peecher in the case arguing that imposing additional taxes on Bishop Peecher’s housing allowance would interfere with the church’s ability to carry out its religious mission by diverting scarce resources away from vital community ministries. And taxing Bishop Peecher’s housing allowance could force him to move further away from his congregation or take up a second job, robbing the community that needs him.  Other religious leaders could be forced to leave their church altogether, or the church itself may be forced to close. The court recently stated, “No other group of people has the potential to be more significantly affected by this case than ministers such as [Bishop Peecher].”

“The Establishment Clause protects the separation of church and state. Ironically, if Freedom From Religion Foundation gets its way, government would be forced into religion,” said Hannah Smith, senior counsel at the non-profit religious liberty law firm Becket. “If the court were to take away the parsonage allowance, faith leaders around the country would be affected. Hardest hit would be small churches like Bishop Peecher’s, which would be forced to cut vital ministries and, in some cases, shut down. That’s not what the Constitution requires.”

Becket filed a motion to intervene in December on behalf of 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, and in January the motion was granted.

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.

###

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).

Catholic school defends right to choose its principal

New York, N.Y. – St. Anthony School and the Roman Catholic Archdiocese of New York went to a Manhattan court today to defend their right to choose a school principal without government interference, against a lawyer who says protecting Catholic schools may aid “potential jihadists.”

The lawyer suing St. Anthony’s claims that the school is not allowed to hire the principal who would best promote the Church’s teachings. Yet religious schools already won this fight five years ago in EEOC v. Hosanna-Tabor, when the U.S. Supreme Court unanimously protected a Lutheran school’s right to choose teachers free from government meddling.  Becket won that case, and the precedent it set applies even more clearly here since St. Anthony’s hires its principal to be a religious leader who directs the religious education of the entire school and regularly leads students in prayer.

“It is important that church-sponsored schools like St. Anthony’s be able to ensure that each student receives the best education in math, science, art as well as the Catholic faith,” said Mercedes Lopez Blanco of the Archdiocese of New York. “To do that, we must have the freedom to choose leaders – without government interference – who are dedicated to our mission.”

As principal of St. Anthony’s, Joanne Fratello was a religious leader responsible for leading students in daily prayer, inviting and accompanying them to Mass, ensuring their curriculum and teachers expressed Catholic faith, and hosting them at religious ceremonies. When the school believed she was no longer effective at advancing the school’s Catholic values, St. Anthony’s simply did not renew her contract.

The attorney suing the school on behalf of Ms. Fratello has publicly accused the Catholic Church of being “dangerous to society,” hypothesized about Russian Orthodox churches “indoctrinating children with Stalinist communism,” and attacked the Supreme Court’s unanimous decision as an aid to “potential jihadists.”

“Talk about shameless. This blatantly anti-Catholic lawsuit is nothing but a scheme to take money away from needy New York schoolkids and put it in an attorney’s pockets,” said Eric Rassbach, deputy general counsel at Becket, the non-profit religious liberty law firm, who argued the case for St. Anthony’s and the Archdiocese. “Not only are these attacks uncalled-for, they are ignorant. The Supreme Court has already said that the Church, not the State, should pick religious leaders.”

The Second Circuit Court of Appeals is likely to announce its decision in the case by 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.

###

Becketis 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).

Catholic school goes to court to defend its right to choose its religious leaders

WASHINGTON, D.C. – A group of lawyers is trying to roll back the clock, ignoring  U.S. Supreme Court precedent in the process and attempting to insert government in a church school’s right to choose their faith leaders.

On Tuesday, March 7, Becket will defend St. Anthony’s School, a Catholic school, and the Archdiocese of New York from a group of attorneys arguing that the school had no right to choose another principal they felt would best promote the church’s teachings. But religious schools have already won this fight: just five years ago the Supreme Court unanimously protected a Lutheran school’s right to choose teachers free from government intrusion, and that ruling applies even more clearly in this case involving a Catholic school principal. The attorney suing the school has publicly accused the Catholic Church in court of being “dangerous to society,” alleged Russian Orthodox churches were “indoctrinating children with Stalinist communism,” and attacked the Supreme Court’s unanimous decision as an aid to “potential jihadists.”

 What:
Oral Argument for Fratello v. Roman Catholic Archdiocese of New York

Who:
Eric Rassbach, deputy general counsel at Becket

When:
Tuesday, March 7, 2017 at 10:00 a.m. Eastern

Where:
U.S. Court of Appeals for the Second Circuit
40 Foley Square, New York, NY 10007

Becket attorneys will be available for comment immediately following the hearing.

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.

###

Becketis 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).

Becket: New logo, new brand, same mission

WASHINGTON, D.C. – The Becket Fund for Religious Liberty is embracing “out with the old and in with the new” by welcoming 2017 with a new logo and a shortened name: Becket.

The new logo combines the organization’s shortened name with a tag line summarizing its mission: Becket – Religious Liberty for All.  The streamlined logo and bold design signal Becket’s timeless mission in a modern, media-savvy society.

“Time and logo wait for no man, and we needed our look to fully integrate into the digital age,” said Melinda Skea, communications director of non-profit, religious liberty law firm Becket. “Our legal work has always been cutting edge, and now our brand reflects the modern urgency and importance of our mission. ‘Religious liberty for all’ is a promise to protect our most vital constitutional freedom – wherever, whenever, and for whomever it is threatened.”

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. It has a 100 percent win-rate before the United States Supreme Court, including cases like the Little Sisters of the Poor , Holt v. Hobbs, Hobby Lobby and Hosanna Tabor– which the Wall Street Journal labeled one of “the most important religious liberty cases in a half century.”

Founded in 1994 by Kevin “Seamus” Hasson, Becket has become the premier nonprofit, public interest religious liberty law firm in the U.S. It represents all clients pro bono and is the only firm that protects the free expression of all religious traditions. It is named after Thomas à Becket (1118-70 AD), who stood resolutely at the intersection of church and state. He was a friend of King Henry II and Chancellor of England; but as Archbishop of Canterbury, he steadfastly refused to allow the King to interfere in the affairs of the Church. As a result, he was killed by the King’s knights for defending the principles of religious liberty.

The new logo and name coincide with a change of Becket’s URL: www.becketlaw.org. Learn more about Becket’s work and make a charitable donation online.

For more information, contact Melinda Skea at  media@becketlaw.org or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

###

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100 percent 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).

African-American pastor joins fight against atheist lawsuit

WASHINGTON, D.C. – Thanks to a new court order, Bishop Ed Peecher, a South Side, Chicago-based pastor, along with other religious leaders and churches will join the fight against the atheist group Freedom From Religion Foundation, which is suing the government to prevent churches from providing employee housing benefits available to other non-profit organizations and businesses. The court stated, “No other group of people has the potential to be more significantly affected by this case than ministers such as the proposed intervenors and those they represent.”

The founder of a predominantly African American congregation, Bishop Peecher devotes his life to serving his community in order to decrease gang violence, mentor at-risk youth, and feed and clothe the homeless in Chicago’s poorest neighborhoods. This work is possible because the church supports Bishop Peecher through a small housing allowance, called a parsonage allowance, permitting him to focus on and live just minutes from his congregation and the surrounding communities in need.

“My life’s mission is to care for my flock, which includes our congregation, the community, and all those in need,” said Bishop Ed Peecher of the Chicago Embassy Church. “I could not do this without the support of my congregation through the parsonage allowance.”

For much of the past century, pastors, rabbis, imams and other faith leaders – whose job requires them to live close to their church or in an underserved community – have been eligible for the parsonage allowance, a tax-exempt housing allowance provided by their church, under the same principle that allows businesses to reimburse travel and overseas housing costs tax-free, and provides housing to teachers and police who live in the communities they serve. The practice is a benefit for non-profit and business employers alike to ensure they can keep their employees nearby.

But the Freedom From Religion Foundation (FFRF) argues that unless the IRS explicitly bars faith organizations from accessing this benefit, it will be in violation of the Establishment Clause. Without his housing allowance, Bishop Peecher may be forced to move further away from his congregation or even take up a second job, robbing the community that needs him of his full-time pastoral care.

“FFRF’s attempt to single out ministers for negative treatment is discrimination plain and simple,” said Hannah Smith, senior counsel at the non-profit religious liberty law firm Becket. “The court decided that these diverse ministers and churches must have a voice in this lawsuit to stand up for their right to receive housing allowances like so many other secular non-profits and businesses do.”

Becket filed a motion to intervene in December on behalf of 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. Late Friday that motion was granted. In 2014, Becket filed a friend-of-the-court brief on behalf of a diverse group of Southern Baptist, Eastern Orthodox, Hindu, and Muslim organizations that have been able to thrive and effectively serve their communities because of the parsonage allowance.

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.

###

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).

Georgia high court to decide fate of scholarships serving low-income children

WASHINGTON, D.C. – Moments ago the Georgia Supreme Court heard a case concerning low-income children whose scholarship program is being threatened by a discriminatory 19th century law.

Georgia’s Scholarship Tax Credit Program was created to help Georgia schoolchildren—particularly low-income students—get a quality education. However, several taxpayers sued to shut down the program, arguing that students on scholarships may choose to attend religious schools. Last year, a lower court dismissed their case, but the taxpayers appealed to the Georgia Supreme Court. Last month, Becket urged the court to protect both the children and the religious schools they attend from discrimination.

“It would be a terrible mistake to use a bigoted law from the nineteenth century to prevent students from receiving a quality education,” said Lori Windham, senior  counsel at Becket, which filed a friend-of-the-court brief supporting the scholarship program. “This discriminatory law should have been dead and buried a century ago. Instead, it’s still roving Georgia, trying to kill scholarships for needy kids.”

Under the program, Georgia taxpayers can donate to scholarship organizations and receive a credit on their state taxes. Taxpayers are using the state’s Blaine Amendment, a 19th century law rooted in anti-religious bigotry, to try and shut down the scholarship program. Blaine Amendments were passed during a wave of anti-Catholic bigotry during the 1870’s and were designed to keep Catholic organizations—including orphanages, schools and charities—from having access to public funds. Yet public schools at the time used Protestant prayers, lessons and Bible readings. Today, those laws are being used against any school that is “too religious.”

“Georgia voters have said they want to do what is best for children, especially low-income children. It would be terrible to let an old, bigoted law stand in the way of a child’s future,”” said Windham. 

A similar lawsuit in Oklahoma aimed at preventing special-needs kids from using a scholarship to help them attend a school—secular or religious—was defeated in February of last year (watch video). Last month, Becket filed an amicus brief to the Georgia Supreme Court defending schoolchildren and the schools they choose from discrimination.

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.

###

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, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). “

Supreme Court hears case of the banned band

WASHINGTON, D.C. – Moments ago, an Asian American rock band called The Slants argued for their right to free speech before the U.S. Supreme Court. The Court will decide whether the First Amendment allows the government to reject the band’s trademark application because their name was deemed “too offensive” to be protected. Becket, which on behalf of the band, emphasized that this case will have a lasting impact, including for religious freedom.

Simon Tam is a political activist and musician from Portland, Oregon. In 2011, Tam tried to register the name of his rock band, The Slants, in the federal trademark system but the government rejected his application because “Slant” was deemed to disparage Asian-Americans. Tam, who is Asian-American, challenged the decision in court and won. The government then appealed to the U.S. Supreme Court, which will decide his case before the end of June.

“Around the world we see that when free speech is threatened, it is minorities who suffer,” said Hannah Smith, senior counsel at the non-profit religious liberty law firm Becket. “No government should have the power to punish speech to protect beliefs, institutions, or people from criticism.”

For more than a decade, Becket and the federal government have fought laws banning “insulting” and “defaming” religious speech at the United Nations and in places like Pakistan, Indonesia, and Australia, where minority groups are silenced and marginalized for expressing their beliefs. These laws are widely abused to target religious minorities like Asia Bibi, the Pakistani woman currently sitting on death row for allegedly insulting the Prophet Mohammed. The government has long opposed blasphemy laws that ban offensive speech against beliefs and institutions abroad, yet the same U.S. government is blocking allegedly “disparaging” names from the federal trademark system.

“The government should practice what it preaches. When it comes to religious speech, one person’s blasphemy is often another person’s belief. The government does not get to decide whose speech is too ‘disparaging’ to be protected,” said Smith.

Tam is represented by Eugene Volokh and Stuart Banner of the UCLA School of Law Supreme Court Clinic, and John Connell of Archer & Grenier, P.C. Last month, Becket told the Supreme Court that the U.S. government should practice at home what it preaches abroad: free speech for all, even speech that offends.

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.

###

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).

Banned band fights for free speech at Supreme Court

WASHINGTON, D.C. – An Asian American rock band called The Slants will be defending their right to free speech before the U.S. Supreme Court tomorrow morning. The case began in 2011, when the government rejected the band’s trademark application because their name was deemed “too disparaging” to be protected. Tam is represented by Eugene Volokh and Stuart Banner of the UCLA School of Law Supreme Court Clinic, and John Connell of Archer & Grenier, P.C.

For more than a decade, Becket and the federal government have fought laws banning “insulting” and “defaming” religious speech at the United Nations and in places like Pakistan, Indonesia, and Australia, where minority groups are silenced and marginalized for expressing their beliefs. Last month, Becket told the Supreme Court that the U.S. government should practice at home what it preaches abroad: free speech for all, even speech that offends.

What:
Oral Argument for Lee v. Tam

Who:
Hannah Smith, senior counsel at Becket

When:
Tomorrow at 10:00 a.m. Eastern

Where:
U.S. Supreme Court
1 First Street, Northeast
Washington, DC 20543

Becket attorneys will be available for comment immediately following the hearing.

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.

###

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 Freedom Day Celebrates Nation’s Pluralism

WASHINGTON, D.C. – Over two decades ago, Congress declared January 16 as Religious Freedom Day, a day for honoring America’s first freedom. This Saturday, Becket launches RFRA Central to celebrate the 230th anniversary of the “Virginia Statute Establishing Religious Freedom” – the forerunner of the Constitution’s First Amendment Religion Clauses. Thomas Jefferson considered the Virginia Statute his crowning achievement and today it lives on in laws like the Religious Freedom Restoration Act (RFRA), which gives life to the First Amendment’s guarantee that every American should be free to live out their beliefs in peace.

“On this Religious Freedom Day, we celebrate the foundational rights in the Virginia Statute championed by Thomas Jefferson and James Madison that are enshrined in our Constitution and civil rights laws,” said Hannah Smith, Senior Counsel of Becket. “RFRA plays an essential role in protecting the religious minorities of our time.”

In 1993, the same year Americans observed the first official Religious Freedom Day, Congress passed RFRA by nearly a unanimous vote, and President Bill Clinton signed it into law. The president and Congress called on American courts, through RFRA, to protect more vigorously Americans of all faiths against substantial burdens on their religious practices.

The new RFRA Central website is designed as a resource for all Americans, including journalists, lawyers and researchers, interested in learning more about this critical law.

RFRA Central highlights various aspects of this landmark civil rights law, including:

  • RFRA Stories: A collection of court decisions from around the country demonstrating how the federal RFRA (and its state counterparts) have protected Native Americans, Sikhs, Buddhists, Jews, Muslims, Santerias as well as Christians.
  • History of RFRA: A comprehensive review of RFRA’s history from Employment Division v. Smith to RFRA, RLUIPA, and state RFRAs.
  • RFRA Map: An interactive map highlighting which states have passed RFRAs as well as fast facts about states’ key court decisions invoking RFRA.
  • RFRA News: A list of news stories touching on nationwide RFRA issues.
  • RFRA Legal: A collection of legal publications and other RFRA resources.
  • RFRA Numbers: A collection of important statistics and facts related to RFRA.
  • RFRA Fact v. Fiction: An infographic addressing the myths vs. reality surrounding RFRA.

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. 

###

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, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians.

Waukesha pastor fights discriminatory lawsuit

WASHINGTON, D.C. – Waukesha-based Father Patrick Malone, an Anglican minister, filed in court to protect ministers and churches against a lawsuit by the Freedom From Religion Foundation, an atheist organization trying to prevent churches from providing housing benefits available to other non-profit organizations and businesses.

For much of the past century, pastors, rabbis, imams and other faith leaders – whose job requires them to live close to their church or in an underserved community – have been eligible for a tax-exempt housing allowance under the same principle that allows businesses to reimburse travel and overseas housing costs tax free and provides housing to teachers and police who live in the communities they serve. America has a long and proud tradition of incentivizing service. When pastors can live near the congregations and communities they serve, it is proven that everyone benefits.

“My life is dedicated to serving the church and my community,” said Father Patrick Malone of Holy Cross Anglican Church. “I spend my days praying with my congregation, talking with them and helping members of the community who have nowhere else to turn.”

A minister for over twenty-five years, Father Malone’s work is possible because the church supports him through a small housing allowance, permitting him to focus on and live minutes from his congregation and surrounding communities in need.

A federal tax law known as the parsonage allowance lets churches provide tax-exempt housing or housing allowances for their ministers to live near their congregations. The Freedom from Religion Foundation (FFRF) argues that unless the IRS explicitly bars faith organizations from accessing this benefit, it will be in violation of the Establishment Clause. But churches shouldn’t be treated differently than other secular organizations who receive the same kind of tax treatment.

“The same tax-exempt housing allowances exist for various employees like hotel managers, those transferred overseas and military personnel whose jobs require them to live in a certain proximity to their workplace,” said Hannah Smith, senior counsel at the Becket, who represents Father Malone and two other congregations. “Ministers who live in the communities they serve shouldn’t be left out in the cold.”

Becket filed a motion to intervene on behalf of Father Patrick Malone of Holy Cross Anglican Church, Bishop Edward Peecher of Chicago Embassy Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia. In 2014, Becket filed a friend-of-the-court brief on behalf of a diverse group of Southern Baptist, Eastern Orthodox, Hindu, and Muslim organizations that have been able to thrive and effectively serve their communities because of the parsonage allowance.

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Faith and military service: Why aren’t there more Sikhs in the military?

WASHINGTON, D.C. – Decorated Captain Simratpal Singh, along with other Sikhs wanting to serve their country, has finally prevailed against a three-decade ban preventing observant Sikhs from serving in the United States Army. His journey is documented in a new video released today.

Military service runs strong in Captain Singh’s family.  When he was accepted into West Point in 2006, he believed that he would be given a religious accommodation for his unshorn hair, beard, and turban. But on Reception Day Captain Singh was told he had to cut his hair and shave or give up his seat at the Academy. Compelled on the spot to choose between serving his country and his faith—a decision no American should have to make—he chose to serve, committing to reclaim his articles of faith at the earliest opportunity. Yesterday, the Army issued new regulations ending Captain Singh’s long ten-year journey.

“My hope is that no 18-year-old kid has to make the miserable decision that I had to make to choose between their faith and their country,” said Captain Simratpal Singh. “And that parents can tell their young kids, ‘You can be anything that you want in the United States, and that includes military service, and still practice your faith fully.’”

West Point graduate and Bronze Star Medal recipient Captain Singh, along with other Sikh soldiers, faced the prospect of being forced to compromise his faith despite the fact that the military already accommodates nearly 100,000 soldiers with beards for medical or other reasons. The soldiers initially received temporary accommodations in the spring of 2016, allowing them to report to their assignments with beard and turban intact, but the Army continued to withhold assurances that they could finish their military careers. The new policy now makes that promise, with the sole restriction that soldiers may be asked to shave in the case of real tactical situations involving specific and concrete threat of exposure to toxic agents.

“Military experts have always questioned why the U.S. military has restricted Sikhs from serving,” said Eric Baxter, senior counsel at Becket, which acted as co-counsel on Captain Singh’s behalf. “Our Army will be stronger and our nation safer with Sikhs serving alongside their fellow Americans.”

Becket and the Sikh Coalition, along with co-counsel at McDermott Will & Emery, filed a complaint in February in the U.S. District Court for the District of Columbia, asking the court to permanently protect Captain Singh’s First Amendment right to keep his beard and turban while serving in the military. A second lawsuit was filed on behalf of Specialist Harpal Singh, Private Arjan Ghotra, and Specialist Kanwar Singh. Yesterday, the Army has promised to secure their right, and the right of all Sikhs, to serve without having to abandon their faith.

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Sikh soldiers are back!

Washington, D.C. – Sikh American soldiers have finally prevailed against a three-decade ban preventing observant Sikhs from serving in the United States Army. New regulations just issued by the Secretary of the Army provide that—except in rare circumstances—sincere followers of the Sikh faith may no longer be forced to abandon their religious turbans, unshorn hair, or beards to serve their country. Resulting from years of advocacy, the new rules promise that the religious accommodations will last throughout a soldier’s career and can only be denied or rescinded by the Secretary of the Army or his designee.

“An Army with Sikhs is an even stronger Army,” said Eric Baxter, senior counsel at Becket, which represents several Sikh soldiers. “Sikhs have a history of heroic service in militaries around the world—including in the U.S. until about thirty years ago. Now their strength will be added back to the Army without the threat of forced shaves and haircuts.”

West Point graduate and Bronze Star Medal recipient Captain Simratpal Singh, along with other Sikh soldiers, faced the prospect of being forced to compromise his faith despite the fact that the military already accommodates nearly 100,000 soldiers with beards for medical or other reasons. The soldiers initially received temporary accommodations in the spring of 2016, allowing them to report to their assignments with beard and turban intact, but the Army continued to withhold assurances that they could finish their military careers. The new policy now makes that promise, with the sole restriction that soldiers may be asked to shave in the case of active tactical situations involving specific and concrete threat of exposure to toxic agents.

“While we still seek a permanent policy change that enables all religious minorities to freely serve without exception,” said Harsimran Kaur, Legal Director for the Sikh Coalition, which serves as co-counsel for Captain Singh, “We are pleased with the progress that this new policy represents for religious tolerance and diversity by our nation’s largest employer.”

“The Sikh articles of faith have always been consistent with the best of American values and we’re pleased that the burden no longer rests with Sikh soldiers to prove this through a lengthy administrative process,” said co-counsel Amandeep Sidhu, McDermott Will & Emery LLP.

Becket and the Sikh Coalition, along with co-counsel at McDermott Will & Emery, filed a complaint in February in the U.S. District Court for the District of Columbia, asking the court to permanently protect Captain Singh’s First Amendment right to keep his beard and turban while serving in the military. A second lawsuit was filed on behalf of Specalist Harpal Singh, Private Arjan Ghotra, and Specialist Kanwar Singh. Today, the Army has promised to secure their right, and the right of all Sikhs, to serve without having to abandon their faith.

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.

###

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).

Court strikes down harmful transgender mandate

WASHINGTON, D.C. – Moments ago a Texas court protected the rights of families and their doctors to make medical decisions for their child free from government bureaucrats’ interference.

The court ruling comes after eight states, an association of almost 18,000 doctors, and a Catholic hospital system challenged a federal regulation that requires doctors to perform gender transition procedures on children, even if the doctor believes the treatment could harm the child. Doctors who followed their Hippocratic Oath to act in the best interest of their patient would have faced severe consequences, including losing their job.

“This is a common-sense ruling: The government has no business forcing private doctors to perform procedures that the government itself recognizes can be harmful, particularly to children, and that the government exempts its own doctors from performing,” said Lori Windham, senior counsel at Becket, which filed a lawsuit against the new federal regulation. “Today’s ruling ensures that doctors’ best medical judgment will not be replaced with political agendas and bureaucratic interference.”

The new regulation applied to over 900,000 doctors—nearly every doctor in the U.S.—and would have cost healthcare providers and taxpayers nearly $1 billion. The government itself does not require its own military doctors to perform these procedures. It also does not require blanket coverage of gender transition procedures in Medicare or Medicaid—even in adults—because HHS’s experts admitted research is “‘inconclusive’ on whether gender reassignment surgery improves health outcomes,” with some studies demonstrating that these procedures were actually harmful. But a doctor citing the same evidence and using their best medical judgment would have faced potential lawsuits or job loss.

A recent website provides leading research on this issue, including guidance the government itself relies on, demonstrating that up to 94 percent of children with gender dysphoria (77 to 94 percent in one set of studies and 73 to 88 percent in another) will grow out of their dysphoria naturally and live healthy lives without the need for surgery or lifelong hormone regimens.

“This court ruling is an across-the-board victory that will ensure that deeply personal medical decisions, such as gender transition procedures, remain between families and their doctor,” said Windham.

Becket defended Franciscan Alliance, a religious hospital network sponsored by the Sisters of St. Francis of Perpetual Adoration, and the Christian Medical & Dental Associations from the new government regulation. The States of Texas, Wisconsin, Nebraska, Kentucky, Kansas, Louisiana, Arizona, and Mississippi joined Becket’s legal challenge. More information can be found at www.transgendermandate.org.

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.

###

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).

FOX News Opinion: The essential scorecard for religious liberty in 2016

The year 2016 has seen much conflict for religious freedom, not just domestically but worldwide. As individuals fight to defend this basic and fundamental human right — sometimes sacrificing their very lives — we find ourselves asking many questions about the future.

“My life is always filled with more questions than answers,” Nobel Laureate Elie Wiesel said in May as he stood in front of 500 people, honoring his longtime friend and former Cuban political prisoner, Armando Valladares.

No one knew it would be Wiesel’s last public appearance before his death two months later.

To those present, he asked a question he said had haunted him throughout his life: “What is it in the human being that he or she is capable of the worst and the best? So fast — literally sometimes overnight, in one hour — a person can change.”

At this time of year, we naturally reflect on what kind of people we want to be and what we have accomplished. But it is equally important to ask those same questions of ourselves as a society. How are those of us who have a voice working to defend those who do not?  How are we fighting to protect those more vulnerable than ourselves?

Right now the people of Cuba are yearning for change following the death of a dictator who ruled the island with an iron fist for over 50 years. Will religious people now be able to worship freely? Will LGBT individuals be free to live their lives without fear of imprisonment and torture? Will artists and poets be allowed to express themselves free from censorship?

Though Elie Wiesel’s time in the Nazi concentration camp and Armando’s Valladares’s 22 years in Castro’s gulags may seem a bygone era, the unanswered question of how to evoke change for the better in ourselves and society lingers. Can we remain silent while others suffer?

Just this month the world looked in horror as Aleppo burned. In Egypt, a bomb detonated at Cairo’s main Coptic Cathedral, killing 24 people. Millions have fled their war-torn homes, hoping for peace in a new country, while ISIS commits genocide against Christians and minority Yazidis.

Though lives have not been endangered, questions of protecting freedom of conscience have been poignant here at home as well. We’ve been forced to question how the government found itself fighting the Little Sisters of the Poor, nuns who dedicate their lives to serving the elderly poor.

A month after hearing their case, presented by Becket Law, the Supreme Court unanimously agreed with what the Little Sisters had argued all along: the government has other ways to provide contraception to women who want it without hijacking the nuns’ health plan or forcing them to violate their faith.

We’ve also confronted the idea that it’s okay to infiltrate a Native American religious ceremony to search for supposed “illegal use” of eagle feathers. For the past decade Pastor Robert Soto and many of the Lipan Apache tribe of Texas have been fighting for the return of 50 eagle feathers confiscated during one of their religious services, in what the government dubbed “Operation Powwow.”

Although power plants and wind turbine farms have legal exemptions for eagles killed by their machinery, the government claimed it was illegal for the Lipan Apache to use molten feathers found on the ground. Thankfully, in what the Wall Street Journal called “a victory for religious freedom,” the government ultimately settled the case, returned the feathers, and admitted it was wrong to send an undercover agent to raid the powwow.

Meanwhile, Sikh members of the military are still left questioning when they will be allowed permanent accommodations to both honor their faith and continue their exemplary military service. Nearly a year ago, the Becket Law had to sue to get a temporary accommodation for Captain Simratpal Singh, allowing him to wear his beard and turban while serving, even though thousands are regularly given accommodations for medical or tactical reasons.

Though he received a bronze star for clearing IEDs in Afghanistan, the Army wanted to subject Singh to discriminatory gas mask testing. After Becket Law and the Sikh Coalition filed in court on his behalf under the Religious Freedom Restoration Act, the military continues to postpone issuing a permanent religious accommodation.

Following a year of questions, this next year should be one of answers.

How can we, as a society stand up against those who try to strip individuals like Captain Singh, the Little Sisters of the Poor and Lipan Apache Elder Robert Soto, of their rights?

The answer is simple: give voice to your convictions.

Melinda Skea is the director of communications of the Becket Fund for Religious Liberty.

Top 10 Religious Liberty Events Of 2015

December 23, 2015, The Federalist

2016 is already shaping up to be an exciting year for freedom, but before the fun begins, let’s review the biggest winners (and losers) of 2015. The following are not in order of importance—just numbered as a tally.

1. Government Forcing Nuns to Pay for Other People’s Birth Control
The government does not force big businesses like Exxon, Pepsi Cola, the Church of Scientology, or even its own military to provide all contraceptives. Yet it’s telling the courts it needs the Little Sisters of the Poor—nuns who serve the poor, dying elderly—to do so. Penalty to the nuns if they do not obey: $70 million per year! The government apparently thinks it is improving healthcare by taking millions of dollars from nursing homes for the elderly poor. In 2016 the Supreme Court will decide who is right.

Georgia high court to decide: Can discriminatory law end education program

WASHINGTON, D.C. – Disgruntled Georgia taxpayers are trying to block scholarships that help low-income children receive a quality education. To do so, the taxpayers are using an anti-Catholic provision from the 19th century. In a brief filed today, Becket urged the Georgia Supreme Court to protect the children and the religious schools they attend from discrimination.

Georgia’s Scholarship Tax Credit Program helps Georgia schoolchildren—especially low-income students—get the education that best suits their needs. However, several disgruntled taxpayers sued to shut down the program because students on scholarships may choose to attend religious schools. Earlier this year, a lower court dismissed their case, but they appealed to the Georgia Supreme Court.

“Georgia’s program is helping low-income children. It would be a terrible mistake to use a bigoted law from the nineteenth century to hurt schoolchildren today,” said Lori Windham, senior counsel at Becket.

In 2015 the state of Georgia created the Scholarship Tax Credit Program aimed at helping low-income students receive a quality education. Under the program, Georgia taxpayers can donate to scholarship organizations and receive a credit on their state taxes. Because parents might use scholarships at religious schools, the disgruntled taxpayers want the entire program shut down. The taxpayers are using the state’s Blaine Amendment, a 19th century law rooted in anti-Catholic bigotry, to try and shut down the scholarship program.

Blaine Amendments were passed during a wave of anti-Catholic bigotry during the 1870’s  and were designed to keep Catholic organizations—including orphanages, schools and charities — from having access to public funds. Public schools at the time used Protestant prayers, lessons and Bible readings. Today, those laws are being used against any school that is “too religious.” Both uses of the Blaine Amendment run afoul of the Constitution’s ban on religious discrimination.

“This law is a ghost from Georgia’s past. It shouldn’t be dredged up to haunt education in Georgia today,” said Windham. 

A similar lawsuit in Oklahoma aimed at preventing special-needs kids from using a scholarship to help them attend a school—secular or religious—was defeated in February of this year (watch video).

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.

###

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, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Atheist group demand kids stop packing Christmas boxes for needy kids

WASHINGTON, D.C. – In an almost unbelievable act of Christmas time stinginess, this holiday season the American Humanist Association went to court in Colorado in an effort to stop public school children from volunteering for a program that sends care packages to children in need. AHA wants to stop the distribution of these shoe boxes packed with items such as toothbrushes because the boxes also contain religious messages about the meaning of Christmas.

The non-profit that coordinates the volunteers and sends the boxes, Operation Christmas Child, has been offending the AHA for years.  The perpetrator of good deeds asks volunteers to pack shoe boxes for children of various age groups with items including stuffed animals, small toys, school supplies, and basic hygiene items like toothpaste and soap. Since 1993, Operation Christmas Child has provided more than 100 million shoebox gifts to children in more than 130 countries.

“These boxes are filled with school supplies and basic hygiene items,” said Kristina Arriaga, executive director of Becket. “It’s heartbreaking enough that there are children who will receive nothing but a toothbrush for Christmas. The American Humanist Association would deny them even that?”

AHA has been on a crusade to stop public school children from volunteering for such programs since 2013, when they sent “letters of warning” to school districts in Colorado and South Carolina where Operation Christmas Child was invited into public schools.

Every December Becket gives a lump of coal to a person or organization attempting to take religion out the holidays, fittingly titled “The Ebenezer Award.” Congratulations to this year’s Ebenezer: The American Humanist Association!

“We’re talking about school children putting together care packages for other children who are in need. If we can’t support that at Christmas, we are truly living in Scrooge’s world,” said Arriaga.

Perhaps the AHA could give it a rest during the season of giving. For our part, Becket wishes a Merry Christmas, a Happy Hanukkah, and a Happy New Year to all! In the words of Tiny Tim: “God bless us, every one!”

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.

###

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). 

No war on Christmas: In many communities, officials opt to surrender

December 21, 2015, The Washington Times

As the Becket Fund for Religious Liberty put it, “Just as the government doesn’t have to include a pacifist memorial next to every war memorial, it doesn’t have to include mockery of religion next to every creche or Christmas tree.”

Since 2000, the Becket Fund has fought government capitulation on religious displays with its annual Ebenezer Awards.

“I think in general, the American public is happy to accommodate everyone else’s religion, and most of us are happy to hear ‘Happy Hanukkah’ from someone,” said Becket senior counsel Eric Baxter. “But there are certainly some government bureaucrats who feel like they have to suppress religion, which is really unnecessary.”

Court Hears Challenge by Doctors, Hospitals, and States to HHS Transgender Mandate

WASHINGTON, D.C. – Moments ago, a Texas court heard the case of eight states, an association of almost 18,000 doctors, and a hospital system challenging a federal regulation that requires doctors to perform gender transition procedures on children, even if the doctor’s best medical judgment is that treatment could harm the child. A court ruling on this regulation can be expected before January 1, when significant aspects of this law will take effect.

“We made the argument that it’s incredibly improper for the government to invade the important doctor-patient relationship, and it shouldn’t be mandating doctors to perform procedures against their best medical judgement,” said  Mark Rienzi, senior counsel at Becket, which filed a lawsuit against the new federal regulation on behalf of the doctors and hospital system. “Personal medical decisions about the welfare of a child should be free from political agendas and interference by bureaucrats.”

The new regulation applies to over 900,000 doctors—nearly every doctor in the U.S.—and will cost healthcare providers and taxpayers nearly $1 billion. The government itself does not require its own military doctors to perform these procedures. It also does not require coverage of gender transition procedures in Medicare or Medicaid—even in adults—because HHS’s experts “admit clinical literature is ‘inconclusive’ on whether gender reassignment surgery improves health outcomes for Medicare beneficiaries with gender dysphoria,” with some studies demonstrating that these procedures were actually harmful. Yet any doctor relying on the same research or their own medical judgment would be in violation of the new regulation and face potential lawsuits or job loss.

A recent website provides leading research on this issue, including guidance the government itself relies on, demonstrating that up to 94 percent of children with gender dysphoria (77 to 94 percent in one set of studies and 73 to 88 percent in another) will grow out of their dysphoria naturally and live healthy lives without the need for surgery or lifelong hormone regimens.

“We’re optimistic that the court will remind the government it simply has no authority to pass this type of law and that it has no business telling licensed medical professionals what procedures are in the best interests of their patients, let alone a child,” said Rienzi.

Becket is defending Franciscan Alliance, a religious hospital network sponsored by the Sisters of St. Francis of Perpetual Adoration, and the Christian Medical & Dental Associations from the new government regulation. The states of Arizona, Kansas, Kentucky, Louisiana,Mississippi, Nebraska, Texas, and Wisconsin joined Becket’s legal challenge. More information can be found at www.transgendermandate.org.

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.

###

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 to Government: Practice what you preach

WASHINGTON, D.C. – What do a Jewish-owned clothing line called “Heeb,” an Asian American rock band called “The Slants,” and the Washington Redskins have in common? The U.S. government says they are too “disparaging” to receive trademark protection. Today, Becket told the Supreme Court that the U.S. government should practice at home what it preaches abroad: free speech for all, even speech that offends.

For more than a decade, Becket and the federal government have fought laws banning “insulting” and “defaming” religious speech at the United Nations and in places like Pakistan, Indonesia, and Australia. These laws are widely abused to target religious minorities like Asia Bibi, the Pakistani woman sitting on death row for allegedly insulting the Prophet Mohammed. Today Becket filed a brief in the Supreme Court urging the government to stop excluding allegedly “disparaging” names from the federal trademark system.

“The U.S. government tells other countries that they need to protect all speech – even when it’s offensive,” said Adèle Keim, counsel at Becket, which filed a friend-of-the-court brief in this case. “The government should practice what it preaches. When it comes to religious speech, one person’s blasphemy is often another person’s article of faith. The government shouldn’t get to decide whose beliefs are too ‘disparaging’ to be protected.”

In 2011 Simon Tam tried to register the name of his rock band, The Slants. The government rejected his application because “slant” disparages Asian-Americans (watch his TedTalk, “Give Racism a Chance”). Tam, who is Asian-American, challenged the decision in court and won. However, the government appealed and the case will be heard at the U.S. Supreme Court in January 2017.

“Free speech, even speech that is not popular, is a fundamental right that the United States must protect,” said Keim. “Around the world we see that when people are not allowed to speak freely — especially about their religious beliefs—human rights suffer.”  Tam is represented by Eugene Volokh and Stuart Banner of the UCLA School of Law Supreme Court Clinic, and John Connell of Archer & Grenier, P.C. On December 16, 2016, Becket filed an amicus brief supporting Tam’s right to free expression.

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:

###

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’s Kristina Arriaga to receive Newseum’s 2017 Free Expression Award

WASHINGTON, D.C. –Kristina Arriaga, executive director of Becket and member of the U.S. Commission on International Religious Freedom, will be honored at the Newseum’s 2017 Free Expression Awards. Arriaga was chosen for the Religious Freedom Award for her lifelong work protecting the free expression of all religious traditions in the United States and around the world. The awards, given by the Newseum annually, recognize those who exhibit passion for and dedication to free expression.

“My late father would be very proud to know I am being honored for having spent my professional life defending the same right that was stripped away from him and precisely the reason he fled Cuba–religious liberty,” said Kristina Arriaga de Bucholz, executive director of Becket. “I thank my parents for living their entire life with a passion for freedom.”

Arriaga’s career began in D.C. working for U.S. Ambassador José Sorzano at the Cuban American National Foundation. She went on to become an advisor to the U.S. delegation to the United Nations Human Rights Commission where she worked on raising awareness of the plight of Cuban political prisoners with former political prisoner, Ambassador Armando Valladares.

Arriaga has been the Executive Director of Becket since 2010 where she has led a team of lawyers and communications professionals to victory in groundbreaking Supreme Court religious liberty cases including the recent case involving the Little Sisters of the Poor, an order of nuns who take care of the elderly dying poor, Holt v. Hobbs, a case about the rights of prisoners, Hosanna Tabor v. EEOC, a case involving separation of Church and State, and Hobby Lobby v. Burwell, a case regarding the rights of believers who start a business. Arriaga was also recently appointed to the United States Commission on International Religious Freedom (USCIRF.)

“I can honestly say that I would never have expected to be honored alongside civil rights champion Congressman John Lewis, Martha Raddatz, or Playboy founder Hugh Hefner,” added Arriaga. “But as unlikely a connection with Mr. Hefner is, it’s characteristic of religious liberty and free expression to make strange bedfellows (no pun intended). Different as we are, we all share the right to these fundamental liberties.”The Award ceremony will take place April 18, 2017 at the Newseum.

For more information, visit www.newseum.org/freeexpressionawards.com.For more information or to arrange an interview, 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.

###

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).

South Side, Chicago pastor fights discriminatory lawsuit

WASHINGTON, D.C. – Chicago-based Bishop Ed Peecher filed in court today to protect ministers and churches against a lawsuit by the Freedom From Religion Foundation, an atheist organization trying to prevent churches from providing housing benefits available to other non-profit organizations and businesses.

For much of the past century, pastors, rabbis, imams and other faith leaders – whose job requires them to live close to their church or in an underserved community – have been eligible for a tax-exempt housing allowance under the same tax principle that allows businesses to reimburse travel and overseas housing costs and provides tax-free housing to teachers and police who live in the communities they serve. America has a long and proud tradition of incentivizing service. When pastors can live near the congregations and communities they serve, it is proven that everyone benefits.

“My church and the community are my lifeblood,” said Bishop Ed Peecher of the Chicago Embassy Church. “The hungry, the lost, the lonely – they are my family. I spend my days serving them, praying, talking and offering hope and an alternative to violence. This is my job, 24 hours a day, 7 days a week.”

The founder of a predominantly African American congregation, Bishop Peecher devotes his life to his community through outreach to decrease gang violence, mentor at-risk youth, and feed and clothe the homeless in Chicago’s poorest neighborhoods. This work is possible because the church supports Bishop Peecher through a small housing allowance, permitting him to focus on and live minutes from his congregation and surrounding communities in need.

A federal tax law known as the parsonage allowance lets churches provide tax-exempt housing or housing allowances for their ministers to live near their congregations. The Freedom From Religion Foundation (FFRF) argues that unless the IRS explicitly bars faith organizations from accessing this benefit, it will be in violation of the Establishment Clause. But churches shouldn’t be treated differently than other secular organizations who receive the same kind of tax treatment.

“The same tax-exempt housing allowances exist for various employees like hotel managers, those transferred overseas and military personnel whose jobs require them to live in a certain proximity to their workplace,” said Hannah Smith, senior counsel at Becket. “Ministers who live in the communities they serve shouldn’t be left out in the cold.”

Becket filed a motion to intervene today on behalf of 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 2014, Becket filed a friend-of-the-court brief on behalf of a diverse group of Southern Baptist, Eastern Orthodox, Hindu, and Muslim organizations that have been able to thrive and effectively serve their communities because of the parsonage allowance.

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

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).   “

Hospitals’ religious liberty & the Supreme Court

December 8, 2016, Baptist Press

Eric Rassbach, deputy general counsel of the Becket Fund for Religious Liberty, said the lawyers involved in challenging the health-care systems “are like Robin Hood in reverse: stealing from hospitals who serve the poor in order to line their own pockets.”

“What’s worse is that they want the Court to declare that Christian hospital ministries aren’t actually part of the church,” Rassbach said in in a written release. “We hope the Court will reject their crabbed view of Christian charity.”

Jewish woman defends Passover in court

WASHINGTON, D.C. – An Orthodox Jewish woman who was fired by the government agency that operates Dulles and Reagan National Airports because she observed Passover took her case to court today.

The Fourth Circuit Court of Appeals in Richmond, Virginia will decide the case of Susan Abeles, who lost her job of 26 years for observing Passover, an important religious holiday in Judaism. An employee of the Metropolitan Washington Airports Authority (MWAA), the government agency that operates Reagan National and Dulles Airports, Ms. Abeles had observed Passover every year without incident until 2013, when she was punished and forced to retire despite following leave protocol.

“My Jewish faith is an integral part of who I am and that includes observing Passover,” said Susan Abeles. “I worked at the Metropolitan Washington Airports Authority for twenty-six years and provided to various supervisors the same advance notice of all Jewish holidays without incident. It is saddening that despite following the same protocol I had each year, I was put on AWOL and suspended for five days which drove me to retire early for simply practicing my faith.”

Passover is observed for eight days, and Jewish religious law prohibits work during the first two and last two days. Millions of Orthodox Jews like Ms. Abeles have observed Passover for thousands of years, yet the MWAA’s policy is to ignore this important religious holiday. Of course, like all government agencies, MWAA treats Christmas as a holiday for all workers. In 2015, Ms. Abeles sued the MWAA, which now claims to be exempt from both federal Religious Freedom Restoration Act (RFRA) and Virginia religious freedom laws, giving it free rein to avoid all anti-discrimination laws.

Becket and the American Jewish Committee argue that MWAA is not above the law, stating in their brief, “Can a governmental entity wielding the full force of law, armed with police and eminent domain powers and tasked with the oversight of two of the busiest airports in the country, properly declare itself exempt from the reach of both state and federal anti-discrimination law? …the law says no.”

“It takes some chutzpah for the government to punish a Jewish woman for celebrating Passover,” said Eric Rassbach, deputy general counsel of Becket. “It takes even more chutzpah to say that they are the only government agency in DC exempt from our civil rights laws.”

Becket and the American Jewish Committee, a leading Jewish advocacy group, filed a friend-of-the-court brief earlier this year defending Ms. Abeles and her right to practice her faith as protected by RFRA. After a Virginia federal district court  ruled against  Ms. Abeles, she appealed to the Fourth Circuit Court of Appeals, which heard her case today. Ms. Abeles is represented by Nathan Lewin of Lewin & Lewin.

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Fired for observing Passover, Jewish woman goes to court

WASHINGTON, D.C. – Susan Abeles, an Orthodox Jewish woman, will go to court tomorrow to defend her right and the right of all employees to observe their respective religious holidays. After working for the Metropolitan Washington Airports Authority (MWAA) for 26 years, Susan Abeles lost her job for observing Passover, an important religious holiday in Judaism. Ms. Abeles had observed Passover every year without incident until 2013, when she was punished and forced to retire despite following leave protocol. She then sued the MWAA, which now claims to be exempt from both state and federal anti-discrimination laws.

Becket and the American Jewish Committee, a leading Jewish advocacy group, filed a friend-of-the-court brief earlier this year defending Ms. Abeles and her right to practice her faith, as protected by the Religious Freedom Restoration Act (RFRA). After a Virginia federal district court ruled against Ms. Abeles, she appealed to the Fourth Circuit Court of Appeals, which will hear her case tomorrow, Thursday, December 8th.

What:
Oral Argument for Abeles v. MWAA

When:
Tomorrow at 9:30 a.m. Eastern

Where:
Fourth Circuit Court of Appeals
1100 East Main Street, Suite 501
Richmond, VA 23219

Becket attorneys will be available for interviews immediately following the hearing. Susan Abeles is represented by Nathan Lewin of Lewin & Lewin.

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.

 ###

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, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Double-crossed: Veterans’ memorial on activist hit list

WASHINGTON, D.C. –For 90 years, a war memorial in Bladensburg, Maryland has reminded passersby of the ultimate sacrifice made by local soldiers in World War I. Yet today the ironically-named American Humanist Association argued in federal court in Richmond, Virginia, that the memorial honoring fallen soldiers must be torn down because it includes a cross.

Known locally as the Peace Cross, the memorial was erected in 1925 on private land with funds raised by the American Legion. It was designed by mothers of local soldiers who died in the war. They modeled the cross after those memorialized in the celebrated poem “In Flanders Fields” that stood “row on row” to “mark [the] place” where their sons lay. The memorial was intended to serve as a memorial gravesite for all families who would never see their sons again. Today the Peace Cross stands among a number of other World War I memorials and is owned by the Maryland-National Capital Park and Planning Commission as a historic site.

“Talk about ingratitude,” said Eric Rassbach, deputy general counsel of Becket, which filed a friend-of-the-court brief with Sidley Austin LLP defending the memorial. “The American Humanist Association wants to scrub the names of these men and the blood that they spilled in defense of our freedoms out of the historical record. What’s next? Airbrushing the word “God” out of the Declaration of Independence and the Gettysburg Address? The American Humanist Association’s position is anti-historical, anti-veteran, and anti-humanist.”

The Association claims that the Peace Cross violates the First Amendment as an establishment of religion, but mere disagreement with something one sees should not be confused with forbidden religious coercion. The cross is an internationally recognized symbol of sacrifice and loss, especially associated with World War I. And while some Americans may attribute religious meaning to any cross they see, the Constitution does not demand that the government agree. More importantly, church-state separation does not require religion to be stripped from our nation’s history and culture.

“It is said that those who don’t know history are doomed to repeat it,” said Rassbach. “The American Humanist Association’s crusade against war memorials will leave future generations ignorant of the profound human cost of war. It is a discredit to patriotic humanists.”

The American Legion is represented in the case by First Liberty Institute of Plano, Texas and the Jones Day law firm.

For more information or to arrange an interview with a Becketattorney, 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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more  here).

Let there be light: University allows menorah display, embraces diversity

WASHINGTON, D.C. – For the first time in its almost 200-year history, the University of Alabama will allow a Jewish student group to display a menorah on campus during the Chanukah season, December 24 through January 1. This new seasonal display demonstrates the University’s desire to create a campus life that embodies collaboration, collegiality, respect, and a culture of inclusivity.

For years, the University has displayed a large Christmas tree on campus in celebration of the holiday season. Last year, a Jewish student group requested to display a menorah as a complement to the Christmas tree and to draw attention to the variety of faith traditions that are represented on campus. The University didn’t grant the request, but this year has allowed a menorah display outside the Ferguson Student Center at the Tuscaloosa campus.

I am proud to be part of the Tide and proud of my Jewish faith,” says Zach Greenberg, president of the University of Alabama Chabad Student Group. “We are excited to share this important part of our religious and cultural heritage with the rest of campus this Chanukah season.”

The Chabad Student Group is an invaluable resource for Jewish students and faculty on campus. Hosting meals, Shabbat services, and study opportunities, Chabad is one of the hundreds of active student groups enriching campus life and offering students the chance to learn from and experience different cultures and faith traditions.

“Allowing students to share their holiday traditions sends a powerful message to all faith groups on the Alabama campus that deeply held faith traditions and cultures should be embraced and celebrated,”  said  Diana Verm, counsel at Becket.“There’s no reason the University of Alabama shouldn’t help its students have a happy Chanukah.”

The Chabad Student Group invites students and community members to enjoy the Menorah light display with homemade latkes and donuts on December 29, at 6:30 p.m. at the Crimson Promenade on University of Alabama campus.

For more information or to arrange an interview with a Becketattorney, 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.

###

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).

Is #FidelCastro really, really dead?

WASHINGTON, D.C. – As Cuban officials prepare to bury Fidel Castro’s ashes, his secret police continue to detain dissidents. Danilo Maldonado, a performance artist, was detained for spray painting the words: “He is gone.” Blogger Yoani Sanchez tweeted her husband journalist Reinaldo Escobar was also detained and later released.  Escobar reported police said the reason for the detention was “prevention.”

Following the death of Fidel Castro last week, the regime announced a nine-day period of mourning that included a ban on all public activities, alcohol, celebrations, alternate television or radio programming, as well as four days of parading his cremated remains around the country. And earlier this week the U.S. announced it would send diplomats to the funeral.

“Fidel Castro executed, incarcerated and tortured tens of thousands of Cubans. It is a travesty that we are paying our respects by sending diplomats to his funeral,” said Cuban American Kristina Arriaga, the executive director of Becket, a law firm that defends religious liberty domestically and abroad. “The only person we needed to send to Cuba was someone to confirm he is really dead.”

The U.S. decision to send diplomats angered many Cuban Americans who are in exile because Castro was a ruthless dictator who, for the past 50 years, regularly tortured, beat, and killed anyone who opposed him, including people of all faiths.

“It doesn’t matter who supports Fidel today, history will condemn him for his crimes just as history condemns Hitler and Stalin,” said former Cuban political prisoner Armando Valladares, a New York Times bestselling author, poet and Becket’s 2015 Canterbury Medal winner, who spent 22 years in Castro’s gulags for refusing to place a sign on his desk that read: “I am with Fidel” (watch a video of his experience).

“Cuban dissidents live the life Marti describes in his famous verses, ‘Day and night I always dream with open eyes,’ except they instead ‘nightmare’ with open eyes,” added Arriaga, who was also a former adviser to the U.S. delegation to the UN Human Rights Commission.“Fidel Castro was a real-life Freddy Krueger to the Cuban people.”

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

 

Religious hospitals go to the Supreme Court

WASHINGTON, D.C. – The U.S. Supreme Court decided today to review the case of several nonprofit Protestant and Catholic hospital ministries that are being threatened by lawyers who want to prevent them from participating in their church pension plans.

Advocate Healthcare System, St. Peter’s Healthcare, and Dignity Health are driven by their faith to provide compassionate care, wellness services and free clinics for those in need, particularly juvenile victims of abuse, mentally disabled or violence-prone youth, and the poor. They also provide generous pension benefits to their employees. Yet their mission and the people they serve face a grave threat from trial lawyers who say that these openly religious hospitals are not part of the church and therefore cannot participate in a church pension plan. If they succeed, these lawyers will be paid millions of dollars in court fees and will possibly put several community hospitals who serve the poor out of business.

“The lawyers who brought these cases are like Robin Hood in reverse: stealing from hospitals who serve the poor in order to line their own pockets,” said Eric Rassbach, Deputy General Counsel at Becket Law. “What’s worse is that they want the Court to declare that Christian hospital ministries aren’t actually part of the church. We hope the Court will reject their crabbed view of Christian charity.”

These faith-driven hospitals also provide generous benefits to their employees, including comprehensive church pension plans. Yet their beliefs and the charitable work they do are being threatened for no reason: a group of plaintiffs’ lawyers are targeting these hospitals for a payoff, dragging them to court and demanding that they pay their attorney fees. The lawyers argue that the hospital ministries are not religious enough to have a tax-exempt church pension plan under The Employee Retirement Income Security Act (ERISA). However, it is not the job of lawyers to decide that hospitals can’t be part of a church, and the IRS has rightly viewed these ministries as part of a larger church for over 30 years.

The legal campaign against faith-based hospitals began in 2013. In 2016 three of the cases—involving hospitals affiliated with the Lutheran, Catholic and United Church of Christ churches—were appealed to the Supreme Court, while almost a hundred more are pending in lower courts across the country. In August 2016, Becket filed a friend-of-the-court brief at the Supreme Court supporting the hospitals and their right to freely exercise their religious-based mission to provide compassionate and excellent healthcare according to their faith.

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.

###

Becket  Law  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, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Congress turns back on religious freedom protections

WASHINGTON, D.C. –  Less than a month after voters overwhelmingly rejected politics-as-usual in Washington, Senate Republicans agreed to a deal cutting an amendment protecting religious charities from the National Defense Authorization Act.

The Russell Amendment was designed to protect the hiring practices of faith-based organizations that provide critical services to soldiers in war zones, refugees, victims of human and sex trafficking, and veterans, among others. These religious charities are often the best—sometimes the only—groups willing to provide these services.

“Americans are fed up with Washington bureaucrats.  The leadership of the 115th Congress must double down against, not concede to, ridiculous, fact-free accusations meant to derail legitimate lawmaking,” said Kristina Arriaga, executive director of Becket Law.

The Russell Amendment protects religious providers who partner with the government from being forced to hire those who do not share their religious beliefs, a right that other religious employers have enjoyed without controversy for more than half a century. Religious organizations that partner with the government are entitled to the same protection. They are awarded government contracts and grants because they are the best and most cost-efficient at meeting the needs of vulnerable populations, and they do not discriminate in providing services.

Most of the Democrats who signed a letter calling the Russell Amendment “discriminatory” voted for nearly identical language in 2013. Yet the Senate’s Republican leadership caved to Democrats’ attacks and to pressure from the White House, simply so they could get a quick spending deal signed.

“Now, because Congress ducked this important issue, more service providers will be unable to continue offering their critical services, services that are sometimes only offered by religious groups,” added Arriaga. “It is the refugees, homeless, trafficking victims, veterans, and other vulnerable populations who will suffer the most from Congress’s choice to prioritize political expediency over principled governance.”

To learn more, read Professor Douglas Laycock’s piece in The Hill. And to hear the perspective of a military chaplain, please read this Op-ed.

For more information or to arrange an interview with a Becketattorney, 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.

###

Becket  Law 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).

Notable & Quotable: I’m With Fidel

The Wall Street Journal, November 28, 2016

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.

Washington florist defends right to free expression

WASHINGTON, D.C. – Washington state’s highest court will hear arguments for Barronnelle Stutzman, a 71-year-old florist who was sued by the government and may lose her business, her home, and her life savings simply for expressing her beliefs.

For nearly 40 years, Barronelle Stutzman has created custom floral arrangements to celebrate her customers’ life events. In 2013 one of her longtime customers asked her to create arrangements for his same-sex wedding. She told him that she valued his friendship but because of her religious beliefs couldn’t participate in his wedding. He eventually received floral arrangements for free by another florist, but Barronelle was still sued by the state Attorney General for thousands of dollars.

“Americans have a variety of beliefs about important issues like sex and religion, and there’s nothing wrong with that.” Adèle Auxier Keim, legal counsel of Becket Law, which filed a friend-of-the-court brief defending Barronelle Stutzman, owner of Arlene’s Flowers. “It’s outrageous that the government would sue someone like Barronelle – who has served and employed LGBT people for decades – because her faith doesn’t allow her to participate in a same-sex wedding.”

For nine years she served Rob Ingersoll, designing custom arrangements for Valentine’s Day and other holidays that he celebrated with his partner Curt Freed. But when Rob asked Barronelle to arrange flowers for their wedding, she told him with tears in her eyes that she could not – although she valued him as a friend, her faith would not allow it. Another florist eventually provided floral arrangements for free, and a court found that Rob and Curt suffered less than $8 in damages.

After the story broke, Barronelle was sued by the state’s Attorney General and the American Civil Liberties Union (ACLU). The state offered to settle the case, but only if Barronelle agreed to create floral arrangements to celebrate same-sex weddings. Barronelle explained that her faith wouldn’t let her. Last year a state court ruled that Barronelle was personally liable for Rob Ingersoll’s attorney’s fees—which means that she could lose her business, her home, and her life savings.

“The government’s job is to protect dissent, not punish it,” said Keim.

Becket Law filed an amicus brief in February supporting Mrs. Stutzman, who is represented by Alliance Defending Freedom.  Other amici supporting Barronelle include the National Hispanic Christian Leadership Conference, Coalition of African American Pastors USA, the National Association of Evangelicals, the Cato Institute, 27 law professors, and 13 states.

For more information or to arrange an interview with a Becketattorney, 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.

###

Becket  Law  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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

State, hospitals, and nuns challenge new transgender regulation

WASHINGTON, D.C. – The State of North Dakota along with several hospitals, a university, and health clinics, filed a lawsuit today challenging a new federal regulation. The new regulation forces doctors to ignore science and their medical judgment and perform gender transition procedures on children, even if the doctor believes the treatment could harm the child.

The government does not require Medicare and Medicaid to cover these same procedures, because Health & Human Services’ (HHS) own medical experts found the risks were often too high and benefits too unclear. Yet any private doctor who made the same decision about the risks would be in violation of the new mandate and face potential lawsuits or job loss.

“No doctor should be forced to perform a procedure that he or she believes will harm a child,” said Lori Windham, senior counsel of Becket Law. “Decisions on a child’s medical treatment should be between families and their doctors, not dictated by politicians and government bureaucrats.”

A new  website  provides leading research on this issue, including studies the government itself relies on finding that up to 94 percent of children with gender dysphoria (77 to 94 percent in one set of studies and 73 to 88 percent in another) will grow out of their dysphoria naturally and will not need surgery or lifelong hormone regimens.  Studies also show that there are numerous negative effects when children undergo hormone regimens, such as increased risk of heart disease, type 2 diabetes, and breast, ovarian, and prostate cancer.

This regulation will cost healthcare providers and taxpayers nearly $1 billion and affect up to 900,000 doctors — virtually every doctor in the U.S., many of whom have chosen the medical profession because they are inspired by their faith to serve those in need. But this regulation violates doctors’ ability to exercise both their best medical judgment and their religiously-inspired desire to care for society’s most vulnerable.

“HHS’ regulation is an unparalleled government overreach. This law not only forces doctors to violate the Hippocratic oath, but also removes their professional right to be the final decision-makers on the best medical care for their patients,” said  Windham.

Becket Law filed a lawsuit today in North Dakota federal district court defending the state of North Dakota, the Sisters of Mercy, the University of Mary, and SMP Health System, a non-profit hospital system founded by nuns in North Dakota. Last month, Becket, joined by eight other state governments, filed a lawsuit on behalf of Franciscan Alliance, a religious hospital network sponsored by the Sisters of St. Francis of Perpetual Adoration, and the Christian Medical & Dental Associations, defending them from the new government regulation. More information can be found at  www.transgendermandate.org.

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

###

Becket Law 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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more  here).

Another Victory for religious diets in prison

WASHINGTON, D.C. – Today marks the sixth time in three years that federal courts have ruled that the Florida Department of Corrections must provide religiously appropriate meals to prisoners. Until now, the Department remained the only large prison system that offered a variety of diets to prisoners for medical reasons but refused to offer them for religious reasons. 

“Studies show that when prisoners are allowed to practice their faith, it reduces violence in prison and reduces rates of recidivism outside of prison,” said Daniel Blomberg, legal counsel of Becket. “Treating prisoners humanely by protecting their religious liberty isn’t only the right thing to do. It is also good for prisoners, good for prisons, and good for society as a whole.”

Thirty-five states and the federal government already provide religious diets. The Department argued that it would be too expensive to do so, but it relied on inflated estimates that were over fifty times more expensive than comparable prison systems.  The Department’s true cost for providing religious diets—only about $1.50 more per day per prisoner than standard meals—is less than 0.02 percent of its multi-billion-dollar annual budget.

Becket, which has successfully represented or supported religious prisoners in Georgia, Texas, Indiana, and in past Florida cases, has never lost a case concerning a prison system’s denial of religious diets.

“When many faithful prisoners are denied a religious diet, they don’t eat food that violates their faith. They go hungry,” said Blomberg. “Today the court upheld the inherent dignity and rights of every person, especially prisoners.”

On April 22, 2016, Becket filed an amicus brief urging the protection of the inmate’s religious rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA).

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.

###

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).

Family fights bigoted law used to target son

WASHINGTON, D.C. – Wyatt was bullied, depressed, and failing in elementary school until a state scholarship changed his life. In a groundbreaking video, Wyatt’s family reveals how a law, which would be repealed if Oklahoma ballot measure State Question 790 passes on November 8, would have destroyed his chance for success.

The video, released today, captures the story of Wyatt, who has a hearing disability, and how Oklahoma’s Blaine Amendment would have taken away his state scholarship and pulled him from a school that met his special needs. In the video, the family tells how the Blaine Amendment endangers the education of Oklahoma’s most vulnerable, including hundreds of children with special needs. State Question 790, a ballot initiative approved by overwhelmingly bi-partisan majorities, will determine whether to repeal the discriminatory state law.

“I was constantly getting notes from his kindergarten school that he wasn’t listening in class. That’s when the incidents of bullying started, because he was different. He didn’t want to be different,” says Curtis, Wyatt’s father. “After he started on the Lindsay Nicole Henry Scholarship, we put him in Metro Christian Academy here in Tulsa. He was a totally different kid.”

The Blaine Amendment is a state law that secularist groups have used to prevent the government from partnering with organizations that are motivated by faith to provide valuable educational and social services to families. In 2011, radical secularists used Oklahoma’s Blaine Amendment to threaten the education of hundreds of children with special needs, all because some of these scholarships were being used for religious schools with advanced special-needs programs.

Blaine Amendments originated in the mid-1800s during a period of widespread anti-Catholic prejudice. Their purpose was to protect the majority’s control over the public schools against the growing population of Catholic immigrants. Now they are frequently used to keep religious organizations from partnering with the government to provide essential social services for people in need.

“Children with special needs deserve access to the best possible education, regardless of its source,” said Eric Baxter, senior counsel of Becket Law. “Everyone benefits when states work with faith-motivated organizations to help those in need.”

In Missouri, a Blaine Amendment was used to stop a religiously affiliated school from using generally available block grants for making playgrounds safer. In California, a lease held by the Boy Scouts of America was challenged because of Scouts’ “duty to God.” Florida’s Blaine Amendment has been used by militant atheists to sue one of the state’s most successful and cost-effective rehabilitation programs for ex-convicts because of its religious affiliation.

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.

###

Becket Law 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).

States urge court to protect children from harmful mandate

WASHINGTON, D.C. – Eight states, a group representing thousands of doctors, and a Catholic hospital system urged a federal court on Friday to stop the new transgender mandate, an unprecedented federal regulation that requires doctors to perform gender transition procedures on children, even if the doctor believes the treatment could harm the child.

The motion argued that the new mandate “has created massive new liability for thousands of doctors unless they cast aside their convictions and perform procedures that can be deeply harmful to their patients.” Last week, over 45 members of Congress wrote a letter criticizing HHS’ interference with doctor-patient relationships and failure to protect doctors’ medical judgment.

“It is absurd for the government to think it can better decide what is best for a child over parents or a medically trained professional,” said  Lori Windham, senior counsel of Becket, which filed a lawsuit against the new federal regulation. “Doctors should be free to use their best medical judgment and do what is in the best interest of a child, free from political agendas and interference by bureaucrats.”

A new website provides leading research on this issue, including guidance the government itself relies on, demonstrating that up to 94 percent of children with gender dysphoria (77 to 94 percent in one set of studies and 73 to 88 percent in another) will grow out of their dysphoria naturally and live healthy lives without the need for surgery or lifelong hormone regimens.

The new regulation applies to over 900,000 doctors—nearly every doctor in the U.S.—and will cost healthcare providers and taxpayers nearly $1 billion. The government itself does not require coverage of gender transition procedures in Medicare or Medicaid—even in adults—because HHS’s experts “admit clinical literature is ‘inconclusive’ on whether gender reassignment surgery improves health outcomes for Medicare beneficiaries with gender dysphoria,” with some studies demonstrating that these procedures were actually harmful. But any doctor citing the same evidence and his or her judgment in an individual case would be in violation of the new regulation and face potential lawsuits or job loss.

“The government itself admits that these procedures are harmful and exempts its own Medicare and Medicaid plans from having to provide them, yet is forcing private doctors to ignore their medical judgment and potentially harm children,” said Windham.

Becket is defending Franciscan Alliance, a religious hospital network sponsored by the Sisters of St. Francis of Perpetual Adoration, and the Christian Medical & Dental Associations from the new government regulation. The States of Texas, Wisconsin, Nebraska, Kentucky, Kansas, Louisiana, Arizona, and Mississippi joined Becket’s legal challenge. More information can be found at www.transgendermandate.org.

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.

###

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).

 

The danger of forcing doctors to perform gender transitions

October 14, 2016, Catholic News Agency 

“Sensitive, difficult medical decisions should be between a family and their doctor, not government bureaucrats,” Lori Windham, senior counsel of the Becket Fund for Religious Liberty, stated in the letter.

“The government continues to speak out of both sides of its mouth,” she continued. “The military rightly gives doctors freedom to care for patients according to their medical judgment because it acknowledges the risks of transgender medical procedures, particularly for children; yet HHS tramples on doctors’ medical judgment, even for potentially harmful procedures for children.”

Congressional letter questions HHS transgender mandate

WASHINGTON, D.C. – Over 45 concerned Congressional representatives, led by Congressman Joe Pitts, wrote a letter to Health & Human Services (HHS) demanding clarification on its recent transgender mandate and how it will interfere in doctor-patient relationships and harm children, especially gay and lesbian children.

The letter voices concern that the new HHS transgender mandate forces doctors to perform gender transition procedures on children, even if the doctor believes they could be harmful to the patient, and disregards published medical science and best medical judgment. Members of Congress also highlight the irony of HHS’s refusal to protect decisions that should be left between a family and their doctor considering the government’s own military health plan explicitly protects a doctor’s medical judgement regarding gender transition procedures for service men and women.

“Sensitive, difficult medical decisions should be between a family and their doctor, not government bureaucrats,” said  Lori Windham, senior counsel of Becket, which filed a lawsuit against the new federal regulation. “Doctors should be free to use their best medical judgment, informed by science and led by their Hippocratic Oath, to do what is in the best interest of a child.”

A new website provides leading research on this issue, including guidance the government itself relies on, demonstrating that up to 94 percent of children with gender dysphoria (77 to 94 percent in one set of studies and 73 to 88 percent in another) will grow out of their dysphoria naturally and live healthy leaves without the need for surgery or lifelong hormone regimens. Studies also show that there are numerous negative effects when children undergo hormone regimens, such as increased risk of heart disease, type 2 diabetes, and breast, ovarian, and prostate cancer.

The new regulation applies to 900,000 doctors—virtually every doctor in the U.S. and will cost healthcare providers and taxpayers nearly $1 billion. The government itself does not require coverage of gender transition procedures in Medicare or Medicaid—even in adults—because HHS’s experts “admit clinical literature is ‘inconclusive’ on whether gender reassignment surgery improves health outcomes for Medicare beneficiaries with gender dysphoria,” with some studies demonstrating that these procedures resulted in patients being harmed. But any doctor citing the same evidence and his or her judgment in an individual case would be in violation of the new regulation and face potential lawsuits or job loss.

“The government continues to speak out of both sides of its mouth. The military rightly gives doctors freedom to care for patients according to their medical judgment because it acknowledges the risks of transgender medical procedures, particularly for children; yet HHS tramples on doctors’ medical judgment, even for potentially harmful procedures for children,” said Windham.

Becket is currently defending Franciscan Alliance, a religious hospital network sponsored by the Sisters of St. Francis of Perpetual Adoration, and the Christian Medical & Dental Associations from the new government regulation. The States of Texas, Wisconsin, Nebraska, Kentucky, and Kansas also joined Becket’s legal challenge. More information can be found at www.transgendermandate.org.

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.

###

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).

Two years later, few Hobby Lobby copycats emerge

October 11, 2016, Politico

Several other religious non-profits filed for the accommodation, as well, including St. Joseph’s Abbey, a community of monks in Massachusetts, and the Catholic Diocese of Memphis.
Mark Rienzi, a Becket Fund attorney who has represented several clients opposed to the mandate and accommodation, including the Little Sisters of the Poor order of Catholic nuns, said the number of employers that want to opt out is tiny, compared with employers whose health plans are grandfathered so they don’t have to comply with the contraceptive provision until their health plans change.

Baltimore women’s charity wins big in free speech case

WASHINGTON, D.C. – A Baltimore women’s charity won a six-year legal battle against the City of Baltimore’s attempt to regulate its speech. The court’s protection will allow them to continue their mission of serving low income women, ensuring they get the services they need to provide for themselves and their families.

Late Wednesday a federal judge protected the Center for Pregnancy Concerns’ right to free speech regarding the language it chooses to educate the women it serves. The charity was challenging a Baltimore law that would dictate how the Center discusses abortion with the women that come to them for help. The court found the law unconstitutional and ruled that the City of Baltimore had no evidence to support its claim that the charity was not fully informing women of the services it provides and therefore had no reason to regulate its speech.

“We dedicate our lives to helping the thousands of women who come to us wanting a safe, welcoming place to get support as they bring their child into the world,” said Carol Clews, Executive Director of the Center for Pregnancy Concerns.  “We are so grateful that we can continue helping women and treating them with love, respect, and dignity.”

The Center for Pregnancy Concerns was founded in 1980 with a mission to protect the physical, emotional and spiritual lives of women and their children. They provide low-income women with free pregnancy testing, parenting classes, work training, counseling and more. In 2010, the City of Baltimore passed a law requiring only pro-life pregnancy counselors to post statements about services they do not provide, claiming that these centers might be “tricking women.” But the court ruled that the Center already informs women they do not provide abortions in many ways: via telephone, in person and in its “Commitment of Care” sign posted in the lobby.

After six years, the Court ruled that the Center does enough to inform women and can do so in the language that it feels is best, saying there simply was “no evidence that women were coming to the Center under false pretenses and suffering harmful health consequences because of it.”

“We spend our time giving loving help to women in need,” continued Clews. “That’s work the City should be supporting, not attacking. I hope that after six years of wasted time and money the City will realize that it would actually be harming women by continuing to attack our work.”

The case represents the second time a Maryland federal court has upheld the free speech rights of pregnancy counselors. In 2014, Judge Deborah Chasanow entered a similar ruling finding that Montgomery County’s similar speech restriction was also unconstitutional. The Center was represented by David Kinkopf and Steve Metzger from Gallagher, Evelius, and Jones LLP in Baltimore, Mark Rienzi from Becket and the Catholic University of America, and Peter Basile from Ferguson, Schetelich & Ballew, P.A.

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.

###

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).

Team Obama’s new low in the name of ‘trans rights’

August 27, 2016, New York Post

One of the top guardians of American freedoms just entered the fight against the Obama administration’s insane excesses in the name of “trans rights.”

Headed to court to toss the HHS rule is the Becket Fund for Religious Liberty, which is undefeated before the Supreme Court — capped by four wins when going up against the Obama administration.

Becket’s clients of record here include Franciscan Alliance, a religious hospital network, and the Christian Medical & Dental Associations; five states have also joined the lawsuit.

Doctors, States challenge new “transgender regulation”

Washington, D.C. – Doctors, hospitals and five states will file a lawsuit today against a new federal regulation that would force doctors to ignore science and their medical judgment and perform gender transition procedures on children. The government does not even require Medicare and Medicaid to cover these same gender transition procedures because the Health & Human Services’ (HHS) medical experts found the risks were often too high and benefits too unclear. But any doctor citing the same evidence and their judgment in an individual case would be in violation of the new mandate and face potential lawsuits or job loss.

“No doctor should be forced to perform a procedure that he or she believes will harm a child,” said Lori Windham, senior counsel of Becket. “Decisions on a child’s medical treatment should be between families and their doctors, not dictated by politicians and government bureaucrats.”

A new website provides leading research on this issue, including guidance the government itself relies on demonstrating that up to 94 percent of children with gender dysphoria (77 to 94 percent in one set of studies and 73 to 88 percent in another) will grow out of their dysphoria naturally and will not need surgery or lifelong hormone regimens. Studies also show that there are numerous negative effects when children undergo hormone regimens, such as increased risk of heart disease, type 2 diabetes, and breast, ovarian, and prostate cancer.

The government itself does not require coverage of gender transition procedures in Medicare or Medicaid — even in adults — because it has acknowledged that such procedures can be harmful. This rule would be the first time a law forces doctors to break their Hippocratic Oath and is also unique in placing mental health professionals as the final decision-makers on what medical care doctors must provide for their patients.

The new regulation applies to 900,000 doctors — virtually every doctor in the U.S., many of whom have chosen the medical profession because they are inspired by their faith to serve those in need and to heal others. They have taken an oath to put the needs of each patient first and do no harm. But this regulation violates doctors’ ability to exercise both their best medical judgment and their religiously-inspired desire to care for society’s most vulnerable. It will also cost healthcare providers and taxpayers nearly $1 billion.

“This regulation is blatantly hypocritical: The government exempts coverage of gender transition procedures from Medicare or Medicaid because it admits that they may be harmful; but it then tries to force private doctors to perform the same procedures on young children,” said Windham.

Becket will file a lawsuit today in federal district court in Wichita Falls, Texas, on behalf of Franciscan Alliance, a religious hospital network sponsored by the Sisters of St. Francis of Perpetual Adoration, and the Christian Medical & Dental Associations, defending them from the new government regulation. The States of Texas, Kansas, Kentucky, Nebraska, and Wisconsin also joined Becket’s legal challenge. More information can be found at www.transgendermandate.org.

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.

###

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).

Small town judge goes to court to defend her livelihood

Washington, D.C. – A small town judge went to court today to defend her livelihood, which is being threatened by a government agency that wants to kick her out of her job because it thinks her Lutheran religious beliefs are “repugnant.”

The Wyoming Supreme Court heard arguments today in the case of Judge Ruth Neely, who faces an unprecedented lifetime ban from the judiciary and $40,000 in fines for merely stating that her Lutheran faith prevents her from personally performing same-sex marriages. Judge Neely has a 20-year track record of ruling fairly in every case before her, and local LGBT citizens have called out the state agency’s prosecution of Judge Neely as “obscene and offensive.”

At oral argument today, the government showed that it had fumbled its handling of the case. Government lawyer Patrick Dixon admitted that neither the recent U.S. Supreme Court decision in Obergefell “nor any other law says that Judge Neely has to perform any given marriage.” Dixon also admitted that several of the assertions that the government made in its briefs were wrong, conceding the state does not pay small-town judges like Judge Neely to perform weddings and that judges can decline to personally perform private wedding ceremonies. At another point, Dixon tried unsuccessfully to avoid a lengthy argument from his brief by saying that “several people wrote this brief.” Yet despite getting even basic facts wrong, Dixon still pushed for the most extreme possible sanction: kicking Judge Neely out of the judiciary.

“It takes real chutzpah for the government to come in like the Keystone Kops but still ask an innocent judge to pay the price,” said Daniel Blomberg, legal counsel for Becket, which also submitted an amicus brief defending Judge Neely. “If you ask the people of Pinedale, they say that Judge Neely has served the town with fairness and integrity for decades, and that they want to keep her. This judge shouldn’t lose her job just because a bunch of bureaucrats decided they don’t like Lutherans.”

Judge Neely serves the small town of Pinedale, which holds one of the nation’s oldest cattle drives and has about ten times as much wildlife as residents. Because the town is so small, she wears two judicial hats, neither of which requires her to perform weddings. In fact, one of the positions is not even authorized to perform any weddings, and the other one allows officials to decline to perform weddings for many reasons—even a desire to go fishing instead. Yet the agency insists that Judge Neely should be banned for life because she said she would decline to perform some weddings for religious reasons. The record in the case is full of examples where Dixon described Judge Neely’s Lutheran religious beliefs as “repugnant,” singled out her church (the Lutheran Church—Missouri Synod) for disapproval, and called her religious beliefs a “holy war.”

“There’s an easy live-and-let-live solution here: same-sex couples can have full access to state marriage ceremonies, and judges like Judge Neely don’t have to participate,” said Blomberg. “The agency’s push to simply fire every judge who dares speak her faith is starting an unnecessary culture war.”

All of the main briefing and legal documents filed with the Wyoming Supreme Court are available here. Judge Neely is represented by James Campbell of the Alliance Defending Freedom.

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.

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

California’s SB 1146 still discriminates

Although the author of notorious California bill SB 1146 recently backed down and announced amendments to remove the parts of the bill that would have meant that thousands of low-income minority students would be unable to attend college, SB 1146 still includes controversial anti-privacy and “scarlet letter” provisions that would be both bad policy and unconstitutional to boot:

  • The anti-privacy provisions would force California’s religiously-affiliated colleges and universities to report four times a year on every expulsion and suspension of a student, and the reasons for the discipline. This language makes no provision for preserving the privacy of disciplined students, and may violate federal privacy laws that protect students’ privacy. California students don’t need every disciplinary infraction they’ve ever committed reported to the government or posted on the Internet forever.
  • The anti-privacy provisions are also discriminatory, as they target only religious colleges and ignore many other kinds of related institutions, such as military schools, some public schools, and fraternities and sororities. Singling out religious institutions solely because they are religious violates the principle that the government should stay neutral on religious matters.
  • Similarly, the “scarlet letter” provisions would also force religious schools under a cloud of governmental suspicion by requiring religious colleges to use government-dictated language to communicate their religious beliefs to their students, faculty, and communities. Schools like Fresno Pacific University have no objection to sharing their religious beliefs—in fact, that is part of why they exist—but object to having the government dictate how they express their religious beliefs. If the government cannot even have schoolchildren wear t-shirts that say “Tomorrow’s Leaders,” it certainly cannot tell religious schools how to share sensitive religious beliefs to their own religious communities and to the public they want to serve.
  • The scarlet letter provisions also violate constitutional guarantees of equality and freedom of speech because they target only religiously-affiliated colleges and universities.

These notions are just as wrongheaded as the outrageous idea that California should force poor minority students to give up on their dream of a college education. California legislators should finish the job and let SB 1146 die.

UPDATE 8/29/16: Under severe pressure, Senator Lara has retreated even further. He has taken out the anti-privacy provisions (presumably because they violated federal law protecting student privacy) and created a one-year delay before the “scarlet letter” provisions would take affect. After these further amendments, the bill passed the Assembly on August 23, and is now being considered by the California Senate.

Despite Senator Lara’s retreat, he still has not gone far enough. The Senate should still reject SB 1146 because the scarlet letter provisions continue to illegally target religious colleges and universities for special scrutiny, just because of who they are. If the bill comes before him for signature, Governor Brown should veto it.

Minority Students make their case and win

Washington, D.C. – Low-income African-American and Latino students seeking higher education in California won big today: state legislators backed down from pushing a discriminatory bill that would have cut them off from crucial state aid.

A new website (also available en Español) and a series of videos helped turn the tide against SB 1146, explaining how the bill victimizes poor African-American and Latino students – many of whom are the first in their families to attend college – by forcing them to drop out of college or into failing state schools with dismal graduation rates for minorities. The website was circulated to over 15 million California voters, and over 100,000 immediately responded by signing a petition opposing SB 1146.

“Minority students have spoken, and the politicians have listened. This is a huge win for progress and diversity in higher education,” said Montserrat Alvarado at Becket. “Now students from disadvantaged backgrounds can continue to have equal opportunity for success and equal freedom to choose schools that meet their needs.”

A large coalition of state and national religious leaders joined legal experts in condemning the bill’s plan to “cut a program that exists to help low-income students, and which is overwhelmingly used by racial minorities.” They also questioned why lawmakers would want to “make it harder for Latinos and other minorities to receive an education[.]” A new report from the legislature raised similar concerns, noting that Cal Grant students could be forced to “discontinue their education” and that the blow to the minority community would come at “significant” cost to state taxpayers. The increased public understanding of SB 1146 quickly led one legislative co-author to rush to drop his name from the bill late last week, and made the primary author gut the bill today.

The case against SB 1146 was simple. Three out of four Cal Grant recipients at religious colleges are low-income minorities. By cutting off their ability to use Cal Grants at religious colleges, SB 1146 would push minorities out of religious schools that do a better job of graduating minorities and into failing state schools. For instance, Fresno Pacific graduates over 70 percent of Latinos within 4 years, compared to the California State University system that graduates only about 10 percent. And because state schools are heavily subsidized, taxpayers would end up paying about $100 million more per year for lower quality education.

“Today’s victory is evidence that politicians do not have free reign to discriminate and silence minority voices,” said Alvarado.

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.

###

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).

Military court punishes Marine over Bible verses

Washington, D.C. – The military’s highest court ruled yesterday that men and women serving in the U.S. Armed Forces can be punished for exercising their religion if judges deem the practice not religiously “important.” The ruling upholds the government’s criminal prosecution of a U.S. Marine for refusing to discard personal notes that had Bible verses on them. The case may now be appealed to the U.S. Supreme Court.

In 2014, Marine Lance Corporal Monifa Sterling was ordered to remove from her workstation three pieces of paper with a paraphrase from the Book of Isaiah, “No weapon formed against me shall prosper,” even though co-workers were permitted to keep nonreligious messages on their desks. She declined and was court-martialed. A lower court upheld Sterling’s court martial, rejecting her argument that her faith was protected by the Religious Freedom Restoration Act.

“This is a real-life example of why judges shouldn’t play theologians,” said Daniel Blomberg, legal counsel of Becket, which filed a friend-of-the-court brief supporting the Lance Corporal. “Here, a few judges concluded that keeping scripture nearby isn’t ‘important,’ even though more than half of the world’s population belong to religions that teach the exact opposite. Avoiding obvious errors like this is why RFRA protects all religious beliefs, not just beliefs that government officials deem ‘important.’” 

The majority of judges on the Court of Appeals for the Armed Forces ruled that Lance Corporal Sterling’s posted verses were a “religious exercise” under RFRA and assumed that the exercise was sincere. But it held that, despite the court-martial Sterling faced for refusing to remove the verses, the military hadn’t placed a “substantial burden” on her religion because the court was not persuaded that she had a “subjective belief in the importance of [the] practice to her religion.” The dissent disagreed, arguing that RFRA “does not empower judges to curtail various manifestations of sincere religious belief simply by arbitrarily deciding that a certain act was not ‘important’ to the believer’s exercise of religion.” The dissent also noted that the majority’s ruling falls on one side of a “distinctive split among the federal circuit courts of appeals” which the “Supreme Court has yet to address.” That split may raise the likelihood that the Supreme Court would grant review of the case.

Becket filed an amicus brief explaining that the lower court’s ruling harms both service members and the military’s mission by limiting religious freedom. The brief was signed by a coalition of military veterans and military ministries from a variety of faith backgrounds—including Anglican, Catholic, Jewish, Lutheran, Mormon, Muslim, Presbyterian, Sikh, and Southern Baptist. Among them are the U.S.’s largest organization of Orthodox rabbis; the first Sikh soldier in a generation allowed to keep his turban and beard on active duty; and the ministries led by a recently retired U.S. Army Chief of Chaplains and senior veteran chaplains from the Army, Air Force, and Marines.

“Last I checked, Marines weren’t afraid of anything—and they certainly don’t need to be afraid of religious liberty,” said Blomberg. “In fact, it was the military itself that taught our young country how protecting religious liberty is good for our nation, good for mission accomplishment.”

Oral argument was heard in April 2016. The Lance Corporal is represented by the First Liberty Institute and Paul Clement of Bancroft 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.

###

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 defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

 

Minority college students speak out against SB 1146

Washington, D.C.

Videos featuring the personal stories of minority college students who would be harmed if California politicians pass SB 1146 were shared with over 15 million California voters yesterday. In the videos, the students explain how SB 1146 will take Cal Grants from lower-income students who, like themselves, attend California colleges with religious affiliations.

The videos are featured on a website launched last week that explains how SB 1146 victimizes poor African-American and Latino students. Over 100,000 California voters have already added their names to a petition opposing SB 1146 for its unfair harm to minority students.

Three out of four Cal Grant recipients at religious colleges are low-income minorities. By cutting off their ability to use Cal Grants at religious colleges, SB 1146 would push minorities out of religious schools that do a better job of graduating minorities and into failing state schools. For example, Fresno Pacific University graduates over 70 percent of Latinos within 4 years, compared to the California State University system that graduates only 10 percent. And because state schools are heavily subsidized, taxpayers would end up paying about $100 million more per year for less quality education.

The new videos share the stories of Deja Alewine, Jorge Cubillos, and Leonel Loera, three Fresno Pacific University students from low-income minority backgrounds:

  • “”The people considering SB 1146 really need to understand the impact this bill will have on people’s education,” says Deja Alewine, an African-American student who comes from a single-parent household. “This impacts our lives. It impacts our future. ”
  • “My parents originally came here because they were farm workers. It was only because I received a Cal Grant … that school became an option for me,” says Jorge Cubillos, who was the first in his family to attend college. “SB 1146, if it passes, it’s going to hold back a lot of students. It’s going to hold back a lot of potential. Future leaders, future inventors, future teachers. It’s going to hold back progress.”
  • “There are a lot of students out there like me who are heavily supported by the Cal Grant,” says Leonel Loera, a journalism student at Fresno Pacific University. “Without it, we won’t be able to accomplish our dreams.”

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.

###

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 of the Poor Receive Knights of Columbus’ Highest Award

WASHINGTON, D.C.– For the Little Sisters of the Poor’s  service to the elderly poor and commitment to their Catholic beliefs, the Knights of Columbus awarded its highest honor the Gaudium et Spes Award. Knights of Columbus Supreme Knight, Carl Anderson, presented the award to Mother Loraine Marie Maguire, Superior of the Sisters’ Baltimore Province on August 2 at the Allsteam Centre in Toronto, host city of the Knights’ yearly convention.

“It is a privilege for us to care for the most vulnerable members of our society; serving them, comforting them, being a loving and healing presence in their lives,” said  Mother Loraine Marie Maguire, mother provincial for the Little Sisters of the Poor. “Just being a ‘Little Sister to them’ is our joy.”

Founded in 1852 to serve the elderly poor, the Sisters are a “truly inspiring community of religious sisters for their wholehearted response to the Gospel, [and] for recognizing Jesus in the face of the poor,” noted the award citation, read by Knights of Columbus Supreme Chaplain Archbishop William Lori of Baltimore.

The Little Sisters became a household name when they were ordered to take actions that would have triggered coverage of drugs and devices, such as the week after pill, in their employee health plan. They stood firm in their refusal to do so in spite of the threat of $70 million per year in government fines. They appealed all the way to the U.S. Supreme Court, represented by Becket and supported by the generosity of the Knights. Last spring the Supreme Court told the government they could not fine the Sisters, vacated all lower court decisions against them, and instructed the government to work on a solution that respected the Sisters’ religious beliefs.

While in Washington, D.C. last year, Pope Francis visited the Little Sisters to show his solidarity. He later wrote: “Precisely for the sake of this dignity of conscience, the Church strongly rejects the forced state intervention in favor of contraception, sterilization, and even abortion.”

Named for the landmark Second Vatican Council document, the Gaudium et Spes (Joy and Hope) Award is the highest honor bestowed by the Knights of Columbus, the world’s largest Catholic fraternal benefit organization, which has more than 1.9 million members.

Awarded only in special circumstances to individuals of exceptional merit, the first recipient was Blessed Mother Teresa, in 1992, and the last recipient was the late Cardinal Francis George of Chicago, in 2015.

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

###

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 here)

Iniciativa de ley en California daña a estudiantes latinos pobres

WASHINGTON, D.C. – Algunos políticos del estado de California están considerando lanzar una medida que cortaría una ayuda del estado que es crucial para apoyar a estudiantes minoritarios de bajos ingresos.

En esta oportunidad, el ajuste afectaría de manera discriminatoria especialmente a estudiantes latinos y afroamericanos que escogen estudiar en universidades religiosas privadas. Un nuevo sitio web explica cómo la iniciativa SB 1146 victimiza a estudiantes minoritarios pobres, muchos de los cuales son los primeros en asistir a la universidad en su familia y los deja con dos opciones: dejar la universidad o inscribirse en escuelas con tasas de graduación decepcionantes en el caso de las minorías.

La legislatura del estado de California ha propuesto recientemente, de manera repetitiva, recortes al añejo programa de becas Cal Grant. Ese programa provee fondos a estudiantes de bajos ingresos, y tres de cada cuatro pertenecen a las minorías. Después de fracasar el año pasado en un intento por recortar las becas Cal Grants para todas las universidades privadas, la legislatura está considerando una nueva iniciativa para recortar el apoyo para los estudiantes que asisten a ciertas universidades privadas religiosas. Pero esas universidades tienen una tasa de graduación de cuatro años alto, que casi duplica al de las universidades estatales. Y debido a que las escuelas estatales reciben subsidios muy altos, los contribuyentes terminarían pagando cientos de millones de dólares más en costos, si los estudiantes se ven forzados a dejar las escuelas privadas religiosas de su elección para ingresar a las universidades del estado.

“La SB 1146 representa lo peor de la política”, dijo Montserrat Alvarado, del Becket. “Cualquiera que sea el giro político, la realidad es que la SB 1146 daña directamente a los estudiantes de California más vulnerables –muchos de los cuales son los primeros en asistir a la universidad en sus familias—y le costará cientos de millones de dólares a los contribuyentes de California”.

La SB 1146 dañará más severamente a los estudiantes afroamericanos y latinos de California. Esos estudiantes provienen de manera desproporcionada de comunidades que son profundamente religiosas y tienen desventajas financieras. Esos estudiantes tienen tasas de graduación muy exitosas, como en la Universidad de Fresno Pacific, que gradúa en 4 años al 60 por ciento de los afroamericanos, y al 70 por ciento de los Latinos. En comparación, el sistema universitario del estado de California, a donde irían a parar los estudiantes minoritarios si se aprueba la SB 1146, gradúa tan sólo al 9 por ciento de los afroamericanos y latinos en cuatro años. Hace tan solo unos días, el Arzobispo José H. Gomez, de la Arquidiócesis Católica Romana de Los Ángeles, y el Obispo Charles E. Blake, de la Iglesia de Dios en Cristo, publicaron una declaración conjunta histórica condenando la SB 1146 y “cuestionando por qué los legisladores quieren hacer las cosas más difíciles para que los latinos y otras minorías reciban una educación(.)”

“La SB 1146 discrimina a las minorías pobres”, dijo Alvarado. “Le permite a los políticos exprimir a las minorías por unos cuantos dólares de corto plazo, y acarrea un costo de largo plazo en sueños truncados e impuestos más altos”.

La SB 1146 está programada para ser votada en un comité el 11 de agosto, y podría recibir el voto de la legislatura en pleno el 19 de agosto. Si pasa, el gobernador tiene hasta finales de septiembre para decidir si la veta o no.

Para más información o para obtener una entrevista con un abogado del Becket, por favor comuníquese con Melinda Skea en media@becketlaw.org o llamando al 202.349.7224. Las entrevistas pueden ser en inglés, chino, francés, alemán, portugués, ruso y español.

###

Becket es una firma legal de interés público sin fines de lucro dedicada a proteger la libre expresión de todas las tradiciones religiosas con una taza de victorias del 100% ante la Corte Suprema de Justicia de Estados Unidos. Durante más de 20 años ha defendido a clientes de todas las creencias, incluyendo a budistas, cristianos, judíos, hinduistas, musulmanes, indios nativos en Estados Unidos, sikhs y zoroastras (leer más aquí).

Spanish website: California bill harms poor Latino students

WASHINGTON, D.C.–  California politicians are considering a measure that cuts off crucial state aid for low-income minority students this time by discriminatorily cutting it for students, particularly Latinos and African Americans, who choose to attend private religious colleges. A  new website, available in Spanish and English explains how SB 1146 victimizes poor minority students, many of whom are the first in their families to attend college and would either have to drop out of college or be pushed into failing state schools with dismal graduation rates for minorities.

California’s legislature has recently repeatedly proposed cuts to the long-standing Cal Grant program. Cal Grants provide funding for low-income students, three out of four of whom are minorities. After failing in a bid to cut Cal Grants for all private colleges last year, the legislature is considering a new move to cut aid for students attending certain private religious colleges. But religious schools have high 4-year graduation rates,  roughly double the rate  of state schools. And because state schools come with high state subsidies, taxpayers could end up footing  hundreds of millions of dollars more in costs if students get forced out of the private religious schools of their choice and into state schools.

“SB 1146 represents politics at its worst,” says Montserrat Alvarado of Becket. “Whatever the political spin, the reality is that SB 1146 directly harms California’s most vulnerable students—many of whom are the first in their families to go to college—and will cost California taxpayers hundreds of millions.”

SB 1146 will most severely harm California’s African-American and Latino students. Such students disproportionately come from communities that are both deeply religious and financially disadvantaged. They enjoy very high rates of success at religious colleges like Fresno Pacific University, which graduates 60 percent of African-Americans and 70 percent of Latinos within 4 years. But by comparison, the California State University system—where most poor minorities would be funneled if SB 1146 passes—manages to graduate only about 9 percent of African Americans and Latinos in 4 years. Just last week, Archbishop José H. Gomez of the Roman Catholic Archdiocese of Los Angeles and Bishop Charles E. Blake of the Church of God in Christ issued a historic joint statement  condemning SB 1146 and “question[ing] why lawmakers would want to make it harder for Latinos and other minorities to receive an education[.]”

“SB 1146 discriminates against poor minorities,” says  Alvarado. “It lets politicians squeeze minorities for a few short-term dollars, and comes at the long-term cost of wrecked dreams and higher taxes.”

SB 1146 is  scheduled  to receive a vote in committee by Aug. 11, and could end up before the legislature for a vote by Aug. 19. If it passed, the governor would then have until the end of September to decide whether to veto it.

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.

###

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).

3 of 4 students harmed by new Calif. bill are poor minorities

WASHINGTON, D.C. – California politicians are considering a measure today that cuts off crucial state aid for low-income minority students, this time by discriminatorily cutting it for students who choose to attend private religious colleges. A new website explains how SB 1146 victimizes poor minority students, many of whom are the first in their families to attend college and would either have to drop out of college or be pushed into failing state schools with dismal graduation rates for minorities.

California’s legislature has recently repeatedly proposed cuts to the long-standing Cal Grant program. Cal Grants provide funding for low-income students, three out of four whom are minorities. After failing in a bid to cut Cal Grants for all private colleges last year, the legislature is now considering a move to cut aid for students attending certain private religious colleges. But religious schools have high 4-year graduation rates, roughly double the rate of state schools. And because state schools come with high state subsidies, taxpayers could end up footing hundreds of millions of dollars more in costs if students get forced out of the private religious schools of their choice and into state schools.

“SB 1146 represents politics at its worst,” says Montserrat Alvarado of Becket. “Whatever the political spin, the reality is that SB 1146 directly harms California’s most vulnerable students—many of whom are the first in their families to go to college—and will cost California taxpayers hundreds of millions.”

SB 1146 will most severely harm California’s African-American and Latino students. Such students disproportionately come from communities that are both deeply religious and financially disadvantaged. They enjoy very high rates of success at religious colleges like Fresno Pacific University, which graduates 60 percent of African-Americans and 70 percent of Latinos within 4 years. But by comparison, the California State University system—where most poor minorities would be funneled if SB 1146 passes—manages to graduate only about 9 percent of African Americans and Latinos in 4 years.

“SB 1146 discriminates against poor minorities,” says Alvarado. “It lets politicians squeeze minorities for a few short-term dollars, and comes at the long-term cost of wrecked dreams and higher taxes.”

SB 1146 is scheduled to be heard by a legislative committee today at 9 a.m. PST, to receive a vote in committee by Aug. 12, and could end up before the legislature for a vote by Aug. 19. If it passed, the governor would then have until the end of September to decide whether to veto it.

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.

 ###

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: Can discriminatory law end education program?

WASHINGTON, D.C. –  Nevada activist groups continue their quest to block low-income and special needs children from receiving a quality education by using an anti-Catholic law from the 19th century to shut down a Nevada program. In a brief filed yesterday, Becket urged the Nevada Supreme Court to protect the children and the religious schools they attend from discrimination.

In 2015 the state of Nevada created the Educational Savings Account (ESA) program, which allows parents to use a portion of their public school funds to pay for books, tutoring and tuition, in an effort to improve education for Nevada children — especially low-income and special-needs children. However, activist groups including the ACLU want to end the program simply because children may come into contact with religion. To do this, the groups are using the state’s Blaine Amendment, a 19th century law rooted in anti-Catholic bigotry. Earlier this year a lower court dismissed the case but the ACLU appealed to the Supreme Court.

“Nevada can do better than relying on outdated, xenophobic laws,” said Lori Windham, senior counsel of Becket. “A law that was created to discriminate against Catholics long ago shouldn’t become an excuse to bar children from the education they need or discriminate against all religious schools today.”

Blaine Amendments were passed during a wave of anti-Catholic bigotry during the 19th century and were designed to keep Catholic organizations—including orphanages, schools and charities—from having access to public funds. Public schools at the time used Protestant prayers, lessons and Bible readings. Today, those laws are being used by the ACLU and other groups against any school that is “too religious.” Because parents might use their ESA funds at religious schools, the groups want the entire program shut down. Both uses of the Blaine Amendment run afoul of the Constitution’s ban of religious discrimination.

“Nevada’s program is designed to help children, especially low-income and special-needs children,” said Windham. “You shouldn’t use a law that once shut down an orphanage program to shut down programs that help children today.”

Becket filed the brief with Jeffrey Barr of Ashcraft & Barr.

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.

###

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, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more). 

Appeals court: Florida must provide prisoners kosher food

July 14, 2016, The Associated Press 

Supporters of the kosher program praised the ruling, which was released only two days after the judges heard oral arguments.

“This is a huge win, and it perfectly shows how protecting religious liberty for any Americans ultimately protects it for all Americans,” said Daniel Blomberg, legal counsel of the Becket Fund for Religious Liberty, a nonprofit law firm that filed a friend-of-court brief in the case. “Allowing prisoners to practice their faith is better for them, better for prisons, and better for society.”

Kosher meals finally on the menu in Fla. prisons

WASHINGTON, D.C. – Just two days after hearing oral argument, a federal court—relying heavily on Becket Supreme Court victories – ruled late yesterday that the Florida Department of Corrections must allow Jewish prisoners to practice their faith by providing them with kosher meals. Thirty-five states and the federal government already provide kosher diets for prisoners.

Before the court’s ruling, Florida’s Department of Corrections was the only large prison system in the country that insisted it should remain free to refuse to provide kosher meals to observant Jewish prisoners, despite the fact that it already offers a variety of expensive medical diets for its prisoners.

“This is a huge win for Florida’s Jewish prisoners and for every American, because it supports the right to practice faith out of reach of government bureaucrats,” said Diana Verm, legal counsel for Becket, which filed a friend-of-the-court brief in the case. “Today, Jewish prisoners in Florida won’t have to go hungry because earlier courts protected the rights of Muslims prisoners to wear beards and Christian families to run their businesses without abandoning their faith.”

Relying on several Becket cases in its opinion, including two Supreme Court cases Holt v. Hobbs and Burwell v. Hobby Lobby, the Court stated that the Department of Corrections must lose because it “fail[ed] to explain why the Department cannot offer kosher meals when the Federal Bureau of Prisons and other states do so”  and “failed to do more than ‘simply utter the magic word “costs.”’” The Court recognized that the Department’s “costs” argument was “but another formulation of the ‘classic rejoinder of bureaucrats throughout history: If I make an exception for you, I’ll have to make one for everybody, so no exceptions.’”

Thirty-five states and the federal government have all managed to balance their budgets while still protecting religious liberty. Indeed, Becket, which has successfully represented or supported Jewish prisoners in Georgia, Texas, Indiana, and in past Florida cases, has never lost a case concerning a prison system’s denial of kosher meals. And here, the cost of providing kosher meals—only about $1.50 more per day per prisoner than standard meals—is estimated to be less than 0.02 percent of the Department’s multi-billion-dollar annual budget.

“When prisoners are allowed to practice their faith, the rate of recidivism drops dramatically, violent incidents are less frequent in prisons, and prisoners maintain their human dignity. As the majority of other states have learned, paying $1.50 a day for kosher meals is well worth the value to prisons and society overall,” said Verm.

Oral argument was heard on Tuesday, July 12. Last year, a federal district court ordered the Department to begin providing kosher meals for all observant Jewish inmates, and Florida appealed to the Eleventh Circuit Court of Appeals. In March, Becket filed an amicus brief urging the protection of the religious rights of all prisoners. This lawsuit is the first time the U.S. government sued a state prison system under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Throughout the litigation, a diverse array of religious groups have supported kosher meals for Jewish prisoners, including Christians and Hindus.

For more information or to arrange an interview with a Becket  attorney, please contact Melinda Skea at  media@becketlaw.org or 2023497224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Cuban prisoner of conscience Oscar Biscet welcomes Cuban-American to global religious liberty fight

WASHINGTON, D.C. – The Bible on which Kristina Arriaga de Bucholz, executive director of Becket, rested her hand while she took the oath of office as Commissioner to the U.S. Commission on International Religious Freedom (USCIRF) today was held by Amnesty International prisoner of conscience and Afro-Cuban dissident, Dr. Oscar Elias Biscet.

“Dr. Biscet has been arrested multiple times, and severely tortured and beaten for living according to his deeply held religious convictions while advocating for peaceful change in Cuba,” said Arriaga. “I hope that in my position at USCIRF I am able to raise awareness of his plight and the plight of so many others around the world who want to live according to their conscience.”

Kristina Arriaga de Bucholz, a Cuban American herself, was appointed to the Commission earlier this year by the Speaker of the House Paul Ryan. Congressman Chris Smith, Chairman of Commission of Security and Cooperation in Europe, officiated the swearing-in which took place immediately before a House Committee of Foreign Affairs hearing on human rights violations in Cuba.

“The Bible on which I took the oath has its own remarkable story, originating from Ghana, where as many as 600,000 African slaves were taken and sent to Cuba,” said Arriaga. “I picked this Bible to remind myself that we are each called to prevent such atrocities from ever happening again. Every man and woman is born with dignity and should be treated accordingly.”

USCIRF, a bipartisan U.S. federal government commission was created by the 1998 International Religious Freedom Act (IRFA) and signed by President Clinton. Other USCIRF Commissioners include Chair Rev. Thomas J. Reese, S.J., Vice Chairs Dr. Daniel Mark and Dr. James J. Zogby, Sandra Jolley, Dr. John Ruskay, and Ambassador Jackie Wolcott.

Arriaga is sought out as an expert on religious liberty issues. She has written numerous articles on the topic, has spoken at several conferences and has appeared on multiple television and radio programs including MSNBCC-SpanFOX and NPR. She is happily married to a retired Marine-turned-businessman, Matthew Bucholz. They have three teenagers.

For more information or to arrange an interview, please contact Melinda Skea at media@becketlaw.org or 202-349-7224. Interviews can be arranged in English and Spanish.

###

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).

Appeals court hears case over kosher food in Florida prisons

The Sun Sentinel, July 12, 2016

An attorney for Florida told a three-judge panel of the 11th U.S. Circuit Court of Appeals on Tuesday the estimated $12.3 million cost of the program could become prohibitive if other budget needs arise. The state is appealing a decision by a lower court judge requiring that it provide kosher food to Jewish inmates and others who request it for religious reasons.

Federal Government urges Florida to provide kosher meals

Washington, D.C. – Moments ago, the federal government argued to protect Jewish prisoners’ right to worship from Florida bureaucrats, who currently deny kosher meals to Jewish prisoners.

The clear majority of state prisons and the federal government have provided observant Jewish prisoners with kosher meals for many years. Yet Florida’s Department of Corrections is the only large prison system in the country that refuses to provide kosher meals to observant Jewish prisoners, despite the fact that it already offers a variety of more expensive medical diets for its prisoners. The state also ignores the extensive data that shows prisoners allowed to practice their faith while in jail are much less likely to reoffend.

“When prisons refuse to provide kosher meals, many Jewish prisoners don’t eat non-kosher food; they go hungry,” said Daniel Blomberg, legal counsel of Becket, which filed a friend-of-the-court brief in the case. “That’s unnecessary, and it’s wrong. Prisoners surrender many of their physical rights at the jailhouse door, but they do not surrender their human dignity.”

The Department claims that providing kosher meals would be too expensive. But the cost of providing kosher meals is less than 0.02 percent of the Department’s annual budget. Further, 35 states and the federal government have all managed to balance their budgets while still protecting religious liberty. The Department has offered no reason why it cannot do the same. And studies show that ensuring prisoners can fully practice their faith reduces both violence in prison and repeat crime outside of prison.

“Allowing prisoners to practice their faith is better for them, better for prisons, and better for society. In other contexts, including within prisons, Florida has successfully defended religious liberty for all. It should do the same here and give up this misguided opposition to kosher diets,” said Blomberg.

Last year, a federal district court ordered the Department to begin providing kosher meals for all observant Jewish inmates, and Florida appealed to the Eleventh Circuit Court of Appeals. In March, Becket filed an amicus brief urging the protection of the religious rights of all prisoners. This lawsuit is the first time the U.S. government is suing a state prison system under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Throughout the litigation, a diverse array of religious groups have supported kosher meals for Jewish prisoners, including Christians and Hindus.

A Becket attorney is available for comment at the courthouse immediately following the hearing.

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Florida faces heat over denial of kosher meals


WASHINGTON
, D.C. – Tomorrow, the federal government will argue that Florida cannot continue denying kosher meals to Jewish prisoners, especially since the vast majority of state prisons and the federal government have provided such meals for many years. Florida claims that providing kosher meals would be too expensive—even though the estimated cost of providing such meals is less than 0.02 percent of its annual budget, and even though studies show that allowing prisoners to practice their faith reduces both violence in prison and repeat crime outside of prison.

Florida is the only large prison system in the country that still insists on denying kosher meals to observant Jewish prisoners, despite the fact that it already provides a variety of more expensive, specialized diets for medical needs of its prisoners. Last year, a federal district court ordered Florida to begin providing kosher meals for all observant Jewish inmates, and Florida appealed to the Eleventh Circuit Court of Appeals. In March, Becket filed an amicus brief urging the protection of the religious rights of all prisoners. This lawsuit is the first time the U.S. government is suing a state prison system under the Religious Land Use and Institutionalized Persons Act (RLUIPA).

What:
Oral Argument in U.S. v. Florida Department of Corrections

Who:
Daniel Blomberg, legal counsel of amicus Becket

When:
Tuesday, July 12, 2016 at 9:00 a.m. EST

Where:
U.S. Court of Appeals for the Eleventh Circuit
99 N.E. 4th Street Miami, Florida 33132

Becket attorneys will be available for comment immediately following the hearing.

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:

###

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, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

 

Fighting to Serve His Country and His Faith

July 7, 2016, greatbigstory.com

Captain Simratpal Singh is a West Point graduate, a war veteran, an active duty Army officer and a recipient of the Bronze Star. He is also a Sikh, and sued the U.S. Department of Defense earlier this year to be able to wear his beard and turban with his fatigues. Watch his story here.

Texas Apache tribe flies free: Column

USA Today,  July 7, 2016

We went to court, represented by the Becket Fund for Religious Liberty, and we won, setting new precedent for Native Americans throughout the country. Under theReligious Freedom Restoration Act (RFRA), our religious rights as Native Americans were protected from unnecessary government intrusion. Last month, the federal government finalized a historic settlement agreement with me and over 400 members of my congregation, recognizing our right to freely use eagle feathers for religious worship. We are now allowed to keep, share, loan, and travel with our eagle feathers, and even obtain new ones from the National Eagle Repository, without any need for a government “permit.” The government also agreed that it will revisit the laws that restrict Native American possession of eagle feathers in the future.

Becket mourns passing of William L. Armstrong

President William Armstrong was a vigorous defender of religious liberty. As a United States Senator he sponsored crucial legislation protecting the rights of religious organizations. As the President of Colorado Christian University he was among the first to challenge government efforts to force employers to provide healthcare plans that violated their religious convictions. As a devout Christian, he was always bold in sharing his own beliefs, yet unequivocal in defending the beliefs of others.

“His courage was inspiring,” said Eric Baxter, Senior Counsel at Becket, which represented Colorado Christian University in challenging the HHS healthcare mandate. “Where others hesitated, he enthusiastically joined the fight. He made the biggest challenges joyful!”

With President Armstrong’s passing, America has lost a truly great example of what religious freedom means in a pluralistic society:  we can fully live our faith while also defending the faith of others.

The Best Argument for Religious Liberty You’ll See This Week

June 30, 2016, Reason.com 

In the spirit of making life easier for those who don’t already agree with me, I wanted to share a beautifully articulated defense of religious liberty, natural rights, and the idea that just because something is “the law” doesn’t necessarily make it right. (That, by the way, is a fallacy people on both sides of the aisle have been known to succumb to—from conservatives who think immigrants who came to the U.S. illegally should always be treated as criminals to progressives who think Christian-owned pharmacies should be forced to stock the morning-after pill). Without further throat-clearing, I present for your consideration these excellent recent remarks from Becket Fund founder Seamus Hasson:

Becket clarifies Hawley’s role in Supreme Court cases

WASHINGTON, D.C. – Today Becket issued statements to correct a number of inaccuracies respecting the religious freedom work undertaken by one of its former attorneys, Joshua Hawley, specifically regarding two of its precedent-setting Supreme Court cases: Burwell v. Hobby Lobby and Holt v. Hobbs.

The following statement can be attributed to Peter Dobelbower, General Counsel of Hobby Lobby:

“I was very grateful to have Josh as part of the legal team that represented us before the Supreme Court. He provided unique insight into the arguments that made our case so successful.”

The following statement can be attributed to the Kristina Arriaga, the executive director of Becket:

“It saddens us at Becket that the citizens of Missouri are being misguided regarding the work of Josh Hawley. Josh is an exceptional lawyer who tirelessly worked on precedent-setting cases that protect religious liberty. He is one of the reasons Associated Press dubbed us a ‘powerhouse law firm’ and Time Magazine called us ‘God’s ACLU.’ His devotion to the cause of freedom is virtually unparalleled.”

“Regarding the Holt case, which involved Becket’s successful defense of religious freedom principles applicable to all people of faith through representation of a Muslim inmate seeking to keep his beard for reasons of religious conscience, Becket again confirmed that Hawley did not play a role in this particular matter. As we have previously stated, Josh was not involved in the Holt case. He did not represent Mr. Holt or serve as his attorney. Statements to the contrary are false. Regrettably, Josh’s name was mistakenly included in a list of other Becket attorneys on one filing in the case. This clerical error was corrected in subsequent filings and can easily be verified online.”

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.

###

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. 

 

Native Americans win, feds flee feather fight

 

WASHINGTON, D.C. – In a historic settlement agreement signed last night, the federal government admitted that it was wrong to send an undercover agent to raid a Native American powwow and seize nearly 50 eagle feathers used for religious worship—a raid the government dubbed “Operation PowWow” (watch video). Called “a victory for religious freedom” by the Wall Street Journal, the historic agreement ends a decade of litigation by recognizing the right of Pastor Robert Soto of the Lipan Apache Tribe of Texas and 400 other Native Americans to freely use eagle feathers for Native American worship.

Until now, Pastor Soto and other Native Americans had been criminally barred from using naturally fallen eagle feathers for religious ceremonies, even though the federal government allows hundreds of eagles to be killed every year by large power companies, farming, and construction interests.

The following statement can be attributed to Pastor Robert Soto of the Lipan Apache Tribe of Texas:

“Today marks the end of a long journey. A journey that ten years ago seemed full of impossibilities. I have spent countless hours in prayer seeking God the Creator’s help. No one had ever won a case like this and many had even suffered time in prison. … [Yet] tonight, we gather together to celebrate the return of our eagle feathers. First and foremost, I thank my Lord and Savior for the wisdom He gave to people like our lawyers to help us not just win our feathers back, but to restore our culture and faith. Along with our attorneys I thank my wife Iris and the countless individuals whose faith and prayers have led us here today. As of this evening, we are free to dance, to worship, and to honor our God as Native people.” (read the full statement)

Click for full infographic

“The government has no business sending undercover agents to raid peaceful Native American religious ceremonies,” said Luke Goodrich, deputy general counsel of Becket. “Native Americans were caring for eagles before this Nation was a twinkle in the Founding Fathers’ eyes. This historic agreement recognizes that the government violated Mr. Soto’s religious freedom and must respect the rights of all Native Americans in the future.”

Federal law currently restricts the possession of eagle feathers without a permit. Permits are available for museums, scientists, zoos, farmers, and “other interests”—such as power companies, which kill hundreds of eagles every year. Permits are also available for American Indian religious uses—but only if the Indian is a member of a federally recognized tribe. Because the federal government does not recognize Mr. Soto’s tribe, it sent an undercover agent in 2006 to raid his powwow, confiscate 42 of his feathers, and threaten him with prison time. With the help of Becket, Mr. Soto fought back in court, winning in the Fifth Circuit Court of Appeals under the Religious Freedom Restoration Act—the same law that the Supreme Court used to protect Hobby Lobby just months before. In 2015 the government agreed to return the eagle feathers but still threatened Mr. Soto and his congregation with civil and criminal penalties if they used those feathers in their religious services.

Yesterday’s settlement agreement recognizes the right of Mr. Soto and over 400 members of his congregations to freely use eagle feathers in observance of their Native American faith. They are also free to keep, share, loan, and travel with their eagle feathers, and even obtain new ones from the National Eagle Repository. And the government has promised to reconsider its policies for enforcing feather restrictions, meaning that it will likely rethink ill-conceived methods like Operation PowWow in the future.

“This is a victory not just for me and my people, but for all people of faith,” said Pastor Soto. “If the government can take away my freedom, it can take away yours. So we have to stand together.”

Becket is co-counsel in the case, together with the international law firm of Baker Botts LLP, and the Civil Rights Legal Defense and Educational Fund. Mr. Soto was joined by 15 other plaintiffs and ministries in the case.

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.

###

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.

Native American powwow celebrates historic eagle feathers agreement


WASHINGTON, D.C. –
This evening, Pastor Robert Soto of the Lipan Apache Tribe of Texas and his congregation will hold a powwow celebrating a historic agreement with the federal government on the right to use eagle feathers for religious worship. Called a “victory for religious freedom” in today’s Wall Street Journal, the agreement will be signed as part of the powwow celebrations and ends a decade-long legal battle. As part of the agreement the federal government admits it was wrong to seize eagle feathers from Pastor Soto and his congregation in an undercover raid in 2006 and also recognizes the right of Pastor Soto and 400 other Native Americans to freely use eagle feathers for Native American worship.

What:
Historic eagle feather settlement
Powwow celebration

Who:
Pastor Robert Soto, Lipan Apache Tribe of Texas

When:
Monday, June 13, 2016 at 6:30 p.m. CST

Where:
St. Marks Methodist Church, 301 Pecan Ave., McAllen, 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.

###

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.

Washington Lets Apaches Wear Feathers

June 13, 2016, The Wall Street Journal

The federal government has agreed to allow a group of Native Americans to practice their religious faith. Yes, that’s news given Obama Administration hostility to freedom of conscience. On Monday lawyers for the Department of the Interior and the Becket Fund for Religious Liberty intend to ask a federal judge to approve a settlement allowing the Lipan Apache tribe of Texas to use eagle feathers in the traditional exercise of their beliefs.

Wyoming town tells court: Let our judge serve!

WASHINGTON, D.C. – Local officials in the quiet cattle town of Pinedale, Wyoming wrote yesterday to their own Supreme Court in support of their beloved magistrate judge. A state agency is threatening Judge Ruth Neely with an unprecedented lifetime ban from public office and $40,000 in fines merely for expressing her religious views on marriage to a British reporter, who unexpectedly called for an interview on same-sex marriage while she was hanging up her Christmas lights.  The widely respected judge has received support from her neighbors as well as a local LGBT couple who views the threats against her as “obscene.”

“State officials called her faith ‘repugnant’ and said this is why they want to strip her of her job and permanently ban her from public office. But in America there is nothing repugnant about expressing your faith — even if it is unpopular with state officials. This is a right guaranteed by our First Amendment and by Wyoming’s own constitution.” said Daniel Blomberg, legal counsel for Becket, which also submitted an amicus brief defending Judge Neely. “What is truly repugnant is that this agency is attempting to destroy Judge Neely’s life. Judges, like all government officials, are graded on their ability to do the job, not on their religious beliefs.”

The case is the first of its kind in the nation: even though small-town magistrates like Judge Ruth Neely aren’t required or even paid by the state to perform weddings, a Wyoming agency is demanding her firing because it disagrees with her religious beliefs. In fact, because Pinedale is so small—it still holds one of the nation’s oldest cattle drives and has about ten times more wildlife than residents—Judge Neely wears two judicial hats, neither of which requires her to perform weddings at all. One of the positions is not even authorized to perform any weddings, and the other one allows officials to decline to perform weddings for many reasons—such as a desire to go fishing instead.

In addition to the local officials, the judge is also supported by a diverse coalition of African-American and Hispanic ministries; numerous judges, legislators, and law professors (including a judicial ethics expert); local and national churches; and Becket. The groups filed five amicus briefs, though the Supreme Court chose not to accept all of them, joining Pinedale LGBT citizens to express strong support for the judge. Their statements of support include:

  • Pinedale LGBT citizens: “Ruth Neely is one of the best people I have ever met….Though I do not share her beliefs regarding marriage, I have no doubt whatsoever that Ruth is fair and impartial as a judge. …It would be obscene and offensive to discipline Judge Neely for her statement…about her religious beliefs regarding marriage.”
  • African-American and Hispanic ministries: Speaking on behalf of “more than 70,000 African American and Hispanic churches, and tens of millions of African Americans and Hispanic Americans, throughout the United States,” it “denounc[es] the spurious notion that understanding marriage to be a union between a man and a woman is akin to holding racist views on marriage.”
  • Law professors and retired judges: “If the government has the power to remove a judge in this case, no judge’s career is safe because all judges hold beliefs on contentious issues.”
  • National and local churches: “[T]he Commission’s decision effectively declares that millions of adherents of…traditional faiths – Jews, Christians, and Muslims – are unfit to hold certain public offices in Wyoming….[That conclusion] is astonishing and unconvincing. There is no conflict between Judge Neely’s traditional religious beliefs and her ability to serve as an effective – indeed, exemplary – judge in the State of Wyoming.”
  • Wyoming legislators: “The people who drafted and ratified our State Constitution sought to ensure that no one would be excluded from public office on account of their religious beliefs. Despite this, [a Wyoming agency] is attempting to remove Judge Neely form office because of her religious beliefs about marriage…[S]uch religion-based exclusions from public office [should] not occur in the Equality State.”
  • Becket: “If this Court faithfully applies the Wyoming Constitution, the First Amendment, and Obergefell, everyone can win: Same-sex couples can have full access to the legal institution of marriage, and religious individuals can remain in public office if they hold a traditional religious view of marriage. There is room enough in our pluralistic democracy for both sides to live according to their views of sex, marriage, and religion.”

All of the amicus briefs, along with the entire record for the case, are available here. Judge Neely is represented by the Alliance Defending Freedom.

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.

 ###

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, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Orthodox Woman Sues Washington Airports Authority for Not Allowing Her Passover Time Off

June 9, 2016, Forward

The Becket Fund for Religious Liberty and the American Jewish Committee each filed a friend of the court brief on Tuesday with the 4th Circuit Court of Appeals in Richmond, Virginia, on behalf of Susan Abeles, who retired involuntarily in 2013 after working for the Metropolitan Washington Airports Authority for 26 years. She was accused of being absent without leave on the last two days of Passover that year and suspended for five days without pay.

Presbyterian Church defends financial transparency

WASHINGTON, D.C. Churches must have the right to be transparent and accountable when it comes to finances. Yet a Kentucky lawsuit, brought by a disgruntled minister who failed a church financial audit, is threatening the right of churches to correct improper actions taken by their own ministers, a right previously upheld 9-0 by the U.S. Supreme Court. After the Presbyterian Church published the audit findings and corrective measures on its website, the minister sued the church for defamation even though the Church had not initially published his name. Becket filed a brief supporting the Presbyterian Church’s right to hold its ministers accountable to church members, especially when it comes to parishioners’ donations.

“Believers should be able to trust that their own churches—where they worship every Sunday, bring their families for Sunday school, and then open their wallets to donate hard earned dollars—are responsible and accountable with the funds they collect,” said Eric Baxter, senior counsel at Becket, which is supporting the Presbyterian Church (USA)’s defense of the lawsuit. “Churches must be able to hold their own pastors to basic tenets of accounting and responsibility.”

The lawsuit is being brought by a minister and former executive of the Presbyterian Church (USA)s’ “1001” movement, a mission project aimed at creating 1,001 new worshiping communities. Under his watch, two employees transferred $100,000 from the Church’s accounts into a private entity they had set up. Although the employees did not intend to misuse the money and the funds were recovered, the minister was cited by the Church for failing to ensure that established financial policies were being followed. After the minister publicly agreed that the incidents “should not have occurred” and admitted that they “occurred on [his] watch,” the Church published a report on its website detailing what happened and what corrective steps were being taken. Although the Church initially never published the minister’s name, he has now sued the Church for defamation.

“Teaching standards and accountability is what churches do,” said Baxter. “If the Presbyterian Church chooses to be transparent with its members, the courts should not facilitate attempts to hush it.”

The minister’s lawsuit was filed in May 2015 and seeks monetary compensation for the Church’s alleged defamation. Last September, the trial court denied his accusations, finding that the Church’s statements were true and that the First Amendment barred the court from second-guessing the Church’s decision to enforce its standards of ethical conduct for religious leaders. The minister’s appeal is now pending in the Kentucky Court of Appeals.

Becket has filed an amicus brief on behalf of the Church, arguing that, under the Free Exercise and Establishment Clauses of the First Amendment, courts cannot interfere with Churches’ statements to their members about the conduct of their religious leaders.

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.

###

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, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Jewish woman loses job for observing Passover

WASHINGTON, D.C. – An Orthodox Jewish woman is suing her former employer the Metropolitan Washington Airports Authority (MWAA) after it punished her for observing Passover, considered one of the most important holidays in Judaism. Becket joined together with the American Jewish Committee, one of the nation’s leading Jewish advocacy groups, to file a friend-of-the-court brief Tuesday defending the right of employees to observe their religious holidays.

“It takes some chutzpah for the government to punish a Jewish woman for celebrating Passover,” said Eric Rassbach, deputy general counsel at Becket, which prepared the friend-of-the-court brief supporting Ms. Abeles. “That didn’t work out so well for Pharaoh.”

Susan Abeles worked for the MWAA for 26 years and each year was given approved time off to observe Passover in accordance with her Orthodox Jewish beliefs. In 2013, Ms. Abeles followed the same procedure, giving ample notice and several reminders about her upcoming time off. However, when she returned to work, her superiors accused her of failing to follow proper protocol for obtaining leave. Eventually they forced her into early retirement.

MWAA claims that even though it was specifically created by Congress and exercises powers Congress gave it, MWAA has nothing to do with the federal government. At the same time MWAA says it is not subject to state laws either. That would lead to the absurd and frightening result that MWAA is a law unto itself. MWAA would not have to follow the federal Religious Freedom Restoration Act (RFRA) or Virginia religious freedom laws, giving it free rein to avoid many anti-discrimination laws. But Becket and the American Jewish Committee argue that MWAA is not above the law. Their brief states, “Can a governmental entity wielding the full force of law, armed with police and eminent domain powers and tasked with the oversight of two of the busiest airports in the country, properly declare itself exempt from the reach of both state and federal anti-discrimination law? …the law says no.”

Passover is observed for eight days, and Jewish religious law prohibits work during the first two and last two days. Millions of Orthodox Jews like Ms. Abeles have observed Passover for thousands of years, yet the MWAA’s policy is to simply ignore this important religious holiday.

“This case is just one more example of the rampant antisemitism that Orthodox Jews face every day,” said Rassbach. “In recent years there has been a concerted effort to keep the Orthodox out of certain neighborhoods, out of certain schools, and out of certain jobs. The Fourth Circuit can send a strong message in favor of interreligious understanding by recognizing MWAA’s duty to provide reasonable accommodations to believers.”

A Virginia federal district court ruled against Ms. Abeles, and she appealed to the Fourth Circuit Court of Appeals in Richmond, Virginia. Becket and the American Jewish Committee filed an amicus brief Tuesday on behalf of Ms. Abeles, arguing that the MWAA cannot unilaterally exempt itself from federal civil rights laws and that it clearly violated the federal Religious Freedom Restoration Act (RFRA). Susan Abeles is represented by Nathan Lewin of Lewin & Lewin.

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.

###

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).

Former Cuban Prisoner: Human-Rights Violations Remain

June 2, 2016, Time 

The Castro regime has long loathed religion, because God is their biggest competition when it comes to rights. How can rights come from Fidel, and now Raul, when there is someone much bigger and greater than they? And how can they seize those rights on a totalitarian whim, when they were never the bestower of rights in the first place? Any dictator knows it’s hard work to compete with God. So the solution is to crush God from civil society.

Notable & Quotable: Armando Valladares

March 23, 2016, The Wall Street Journal 

From remarks by Cuban poet and human-rights activist Armando Valladares upon receiving the Becket Fund for Religious Liberty’s Canterbury Medal in New York, May 12:

When I was 23 years old I did a very small thing. I refused to say a few words, “I’m with Fidel.” First I refused the sign on my desk that said as much, and after years of torture and watching so many fellow fighters die, either in body or in spirit, I persisted in my refusal to say the few words the regime demanded of me.

Media Advisory: Press Conference to discuss Supreme Court reply briefs in the Little Sisters of the Poor case

WASHINGTON, D.C. – Today at 4:00 p.m. EST, Becket will hold a press call to discuss the briefs being submitted to the U.S. Supreme Court in the Little Sisters of the Poor case in Zubik v. Burwell. Both the Little Sisters of the Poor and the government will file briefs, due by 3:00 p.m. EST, in response to the supplemental briefs filed last week (available hereto answer the Court’s question whether the government has other ways to distribute contraceptives without forcing the nuns to violate their faith.

Less than a week after the Supreme Court heard the case of the Little Sisters of the Poor, the Court made an almost unprecedented move asking both sides to provide additional arguments about whether the government could find ways to distribute contraceptives without the involvement of religious non-profits and their health plans. The Little Sisters and other religious non-profit groups told the Supreme Court: “The answer to that question is clear and simple: Yes.”

Currently the government exempts 1 in 3 Americans from this regulation. It also exempts large corporations such as Exxon, Visa and even the government’s own Military family plan. A total of 100 million Americans are exempt.

What:
Press Call for the Little Sisters of the Poor case
(supplemental reply briefs)

Who:
Mark Rienzi, senior counsel of Becket

When:
Today, April 20, 2016 at 4:00 p.m. EST

How to join:
Dial in number: 888-670-9385
Pin: 54523
Email questions in advance to: media@becketlaw.org

For more information or to arrange a follow-up 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.

###

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).

Speaker Ryan Names Cuban-American Freedom Fighter to Commission on International Religious Freedom

WASHINGTON D.C. —The Speaker of the House today announced he is appointing Becket’s Executive Director, Kristina Arriaga de Bucholz, to the United States Commission on International Religious Freedom.

“My late father would be very proud to know I will serve on a Commission that defends the same right that was stripped away from him and precisely the reason he fled Cuba–religious liberty.” said Kristina Arriaga de Bucholz, executive director of Becket. “I thank my parents for their life example and I am honored to be appointed to this important Commission.”

Below is the press release sent by Speaker Ryan this morning:

WASHINGTON—House Speaker Paul Ryan (R-WI) today announced that he has reappointed Daniel I. Mark of Villanova University and appointed Kristina Arriaga de Bucholz of Becket to the United States Commission on International Religious Freedom.

The Commission is an independent body made up of nine commissioners from outside the government who review religious freedom violations abroad and make policy recommendations to the President, Secretary of State, and Congress. This will be Dr. Mark’s second term on the commission. Ms. Arriaga will succeed Dr. Robert P. George of Princeton University, who has completed two terms on the commission.

“In a time when so many around the world are being oppressed for their faith, the Commission’s work is as indispensable as ever,” Speaker Ryan said. “I want to thank Dr. George, whose service to the Commission is only the latest chapter in an extraordinary career defending our first principles. Beyond a wealth of insight, Dr. Mark has brought great moral courage to the Commission, and I am proud to reappoint him. The daughter of parents who fled Castro’s Cuba, Kristina Arriaga has dedicated her life to the liberty of others. Her voice and experiences as a freedom fighter make Kristina a great addition to the Commission.”

About Daniel Mark. Dr. Daniel Mark is an assistant professor of political science at Villanova University in Pennsylvania. He teaches political theory, philosophy of law, American government, and politics and religion. At Villanova, he is a faculty associate of the Matthew J. Ryan Center for the Study of Free Institutions and the Public Good. He holds the rank of battalion professor in Villanova’s Navy Reserve Officers’ Training Corps unit. Daniel holds a BA, MA, and PhD from the Department of Politics at Princeton University.

About Kristina Arriaga de Bucholz. Kristina Arriaga is the Executive Director of Becket for Religious Liberty, an organization she first joined in 1995. After starting her career in Washington working for US Ambassador José Sorzano at the Cuban American National Foundation, she became an advisor to the US delegation to the UN Human Rights Commission (UNHRC) working directly for Ambassador Armando Valladares. Splitting her time between the seat of the UNHRC in Geneva and Washington, D.C., Kristina worked on raising awareness of the plight of political prisoners in Cuba. Kristina obtained her undergraduate degree at Marquette University and her Master’s Degree at Georgetown University.

###

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).

Pres. Obama confirms HHS Mandate unnecessary

WASHINGTON, D.C. – Following the Supreme Court’s unanimous decision yesterday to overturn the lower court ruling against the Little Sisters and forbid the government from fining the Little Sisters for failure to comply with its “contraception mandate,” President Obama applauded the decision as a win for religious freedom and women. In an interview following the decision, President Obama said it was a win for everyone and that women could continue to obtain contraception while the religious plans are protected by the Court from being forced to comply with the HHS mandate.

The government had previously told the Supreme Court that any woman who does not receive contraceptive coverage from her employer can already get free contraceptive coverage from many other sources because those “employees will ordinarily obtain coverage through a family member’s employer, through an individual insurance policy purchased on an Exchange or directly from an insurer, or through Medicaid or another government program.” Following the Court’s decision, President Obama said, “The practical effect right now is that women will still continue to be able to get contraception, if they are getting health insurance. And we are properly accommodating religious institutions who have objections to contraception.”

“I wish HHS had reached the same conclusion five years ago that President Obama did yesterday,” said Mark Rienzi, senior counsel at Becket. “But the President’s acknowledgment that any woman who wants free contraception can already get it right now—while the Little Sisters are under Court protection against a forced takeover of their health plan— should effectively end this debate over whether the HHS mandate was necessary to providing women access to these services.”

“The rhetoric from our opponents in this case has never matched the reality,” said Rienzi.  “We hope that the President’s willingness to acknowledge that the Little Sisters’ religious objections have never threatened any woman’s access to contraception will encourage others to tone down their rhetoric and follow his lead.”

The government exempts 1 in 3 Americans from the HHS mandate. It also exempts large corporations such as Exxon, Visa and even the government’s own military family plan. A total of 100 million Americans are exempt from this regulation and could be eligible for coverage under the new solution chosen by the government.

The Little Sisters are joined in their case by many 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, and GuideStone Financial Services of the Southern Baptist Convention. Other parties in this case include Geneva College, Southern Nazarene University, the Roman Catholic Archbishop of Washington, and the Most Reverend David A. Zubik. All of these clients also had the adverse decisions in their cases vacated and sent back to the lower courts.

Paul D. Clement of Bancroft, PLLC presented the oral argument before the U.S. Supreme Court. Noel J. Francisco of Jones Day also presented arguments on behalf of several other ministries. The Little Sisters of the Poor are represented by Becket, Locke Lord LLP, and Professor Kevin Walsh of the University of Richmond Law School.

For more information about the case, visit www.thelittlesistersofthepoor.com.

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.

###

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).

Big Win for Little Sisters

May 16, 2016, The Wall Street Journal

“The solution the justices pointed to has been around for years but this administration has refused all opportunities to compromise,” says the Becket Fund’s president, William Mumma. “On Monday the Supreme Court smacked them down for it.”

BREAKING: Little Sisters of the Poor win at Supreme Court

WASHINGTON, D.C.– Moments ago, the U.S. Supreme Court unanimously decided to send back to the lower courts the case of the Little Sisters of the Poor, a group of nuns who care for the elderly poor. The Court’s decision is a win for the Little Sisters and other groups who needed relief from draconian government fines.

In its decision, the Supreme Court held that after its unprecedented call for supplemental briefing that the lower courts should again review the cases.

“We are very encouraged by the Court’s decision, which is an important win for the Little Sisters. The Court has recognized that the government changed its position,” said Mark Rienzi, senior counsel at Becket and lead Becket attorney for the Little Sisters of the Poor. “It is crucial that the Justices unanimously ordered the government not to impose these fines and indicated that the government doesn’t need any notice to figure out what should now be obvious—the Little Sisters respectfully object. There is still work to be done, but today’s decision indicates that we will ultimately prevail in court.”

Becket attorneys will hold on a press call today to discuss the ruling at 11:30 a.m. EST at 888-670-9385, pin number: 54523. Email questions in advance to: media@becketlaw.org.

A full statement will be available here shortly.

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.

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Unanimous Win for Little Sisters of the Poor at Supreme Court

WASHINGTON, D.C. –Today the U.S. Supreme Court unanimously ruled that the government cannot fine the Little Sisters of the Poor.  The Supreme Court vacated the lower court rulings against the Little Sisters, accepting the government’s admission that it could meet its goals of providing the free services to women without involving the Little Sisters or using their plan.  The Court also ordered the lower Courts to help the government choose an alternative method of providing the services that does not require the participation of the Little Sisters. (see Sister Constance’s reaction here)

“All we have ever wanted to do is serve the neediest among us as if they were Christ himself,” said Sister Loraine Marie Maguire, mother provincial for the Little Sisters of the Poor. “We look forward to serving the elderly poor for another 175 years to come.”

“This is a game-changer.  This unanimous decision is a huge win for the Little Sisters, religious liberty, and all Americans,” said Mark Rienzi, senior counsel at Becket. “The Court has accepted the government’s concession that it could deliver these services without the Little Sisters. The Court has eliminated all of the wrong decisions from the lower courts and protected the Little Sisters from government fines.”

Less than a week after the Supreme Court heard the case of the Little Sisters of the Poor in March, the Court made an unprecedented move asking both sides to provide additional arguments about whether the government could find ways to distribute contraceptives without the involvement of religious non-profits and their health plans. The religious non-profits  responded to the Supreme Court: “Yes.”

The government’s lower court argument was that it would deliver the services without using the Little Sisters’ plan and that there was no way to deliver these services except for the path laid out in the mandate.  But before the Supreme Court, the government admitted 1) that its current scheme was impossible without the Little Sisters’ plan and participation, and 2) that the government did have other ways to deliver the services without using the Little Sister’s plan or forcing them to participate.  These admissions changed the decision before the Court from deciding whether the Little Sisters’ religious beliefs should trump government interests to simply requiring the government to truly remove the Little Sisters from the process and protect their religious liberty by meeting government goals through one of the many options it now admitted were possible.

The government exempts 1 in 3 Americans from the HHS mandate. It also exempts large corporations such as Exxon, Visa and even the government’s own military family plan. A total of 100 million Americans are exempt from this regulation and could be eligible for coverage under the new solution chosen by the government.

“The Little Sisters won, but what this unanimous ruling shows is that there was never a need for anyone to lose,” said Rienzi. “The government will still be able to meet its goal of providing these free services to women who want them—not just for those with religious plans—but for the tens of millions in exempted corporate and government plans.”

The Little Sisters’ win was also a win for 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, and GuideStone Financial Services of the Southern Baptist Convention. Other parties in this case include Geneva College, Southern Nazarene University, the Roman Catholic Archbishop of Washington, and the Most Reverend David A. Zubik. All of these clients also had the adverse decisions in their cases vacated and sent back to the lower courts.

Paul D. Clement of Bancroft, PLLC presented the oral argument before the U.S. Supreme Court. Noel J. Francisco of Jones Day also presented arguments on behalf of several other ministries. The Little Sisters of the Poor are represented by Becket, Locke Lord LLP, and Professor Kevin Walsh of the University of Richmond Law School.

For more information about the case, visit  www.thelittlesistersofthepoor.com

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.

 ###

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).

Supreme Court victory for Texas Baptist Universities

WASHINGTON, D.C.– Earlier today, the U.S. Supreme Court unanimously ruled that the government cannot fine East Texas Baptist (ETBU) and Houston Baptist (HBU) Universities for carrying out their religious beliefs in their health plans. It also threw out the lower court decision against the universities.

In its decision, the Supreme Court held that after its unprecedented call for supplemental briefing, the lower courts should again review the cases.

“ETBU is very pleased that the Supreme Court threw out the Fifth Circuit ruling against us and also ordered that we cannot be fined for failing to comply with the government’s scheme,” said Blair Blackburn, president of East Texas Baptist University. “The Court is saying that there should be a solution that works for everyone—the government can achieve its objectives, and we can continue following God’s truths and our consciences, while providing excellent Christ-centered education.”

“We are glad that the Supreme Court threw out the decision against us in light of the government’s new position,” said Robert Sloan, president of Houston Baptist University. “Religious liberty is at the core of our identity and so it is vital that it be preserved.”

Less than a week after the Supreme Court heard HBU and ETBU’s case in March, the Court made an unprecedented move asking both sides to provide additional arguments about whether the government could find ways to distribute contraceptives without the involvement of religious non-profits and their health plans. ETBU and HBU responded to the Supreme Court: “Yes.”

The government’s lower court argument was that it would deliver the services without using the Universities’ plans and that there was no way to deliver these services except for the path laid out in the mandate. But before the Supreme Court, the government admitted 1) that its current scheme was impossible without the Universities’ plans and participation, and 2) that the government did have other ways to deliver the services without using their plans or forcing them to participate. These admissions changed the case at the Supreme Court. Instead of deciding whether the government’s interests could trump religious beliefs, the Court simply required the government to truly remove the religious non-profits from the process.

“The Supreme Court has called the government’s bluff.” said Diana Verm, legal counsel at Becket, which represents East Texas Baptist University and Houston Baptist University. “By taking the government at its word, the Court has paved the way for the government to truly accommodate religious beliefs.”

Their case was decided with those of other Becket clients, including the Little Sisters of the Poor, Christian Brothers Services, Christian Brothers Employee Benefit Trust, Reaching Souls International, Truett-McConnell College, and GuideStone Financial Services of the Southern Baptist Convention. Other parties in this case include Geneva College, Southern Nazarene University, the Roman Catholic Archbishop of Washington, and the Most Reverend David A. Zubik.

Paul D. Clement of Bancroft, PLLC presented the oral argument before the U.S. Supreme Court. Noel J. Francisco of Jones Day also presented arguments on behalf of several other ministries. East Texas Baptist University and Houston Baptist University are represented by 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.

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

 

Media Advisory: Press Conference to discuss Supreme Court briefs in the Little Sisters of the Poor case

Media Advisory: Press Conference to discuss Supreme Court briefs in the Little Sisters of the Poor case

For Immediate Release:  April 13, 2016
Media Contact:  Melinda Skea, media@becketlaw.org, 202-349-7224

WASHINGTON, D.C.– Today on April 13, 2016 at 10:00 a.m. EST, Becket will hold a press call to discuss the briefs submitted last night (see resource section below) to the U.S. Supreme Court in the Little Sisters of the Poor case in Zubik v. Burwell.

Less than a week after the Supreme Court heard the case of the Little Sisters of the Poor, the Court made an unprecedented move asking both sides to provide additional arguments about whether the government could find ways to distribute contraceptives without the involvement of religious non-profits and their health plans. The Court had also asked whether, for non-profits who buy traditional insurance plans, the government might hire the same insurance company to provide the drugs.

Currently the government exempts 1 in 3 Americans from this regulation. It also exempts large corporations such as Exxon, Visa and even the government’s own Military family plan. A total of 100 million Americans are exempted.

What:

Press Call for the Little Sisters of the Poor case

Who:

Mark Rienzi, senior counsel of Becket

When:

Wednesday, April 13, 2016 at 10 a.m. EST

How to join:

Dial in number: 888-670-9385

Pin: 54523

Email questions in advance to: media@becketlaw.org

For more information or to arrange a follow-up interview with a Becket Fund attorney, please contact Melinda Skea at media@becketlaw.org or 202-349.224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Former Cuban political prisoner receives 2016 Canterbury Medal

New York City, NY – Armando Valladares, a Cuban poet and artist, spent 22 years in Castro’s gulags for refusing to surrender his beliefs. Last night he was honored with the Canterbury medal, Becket’s highest honor, at the 21st annual Canterbury Medal Gala for his unfailing defense of the freedom of conscience (watch video here).

“Armando personifies the goals, the ideals of what this medal represents. He believes in the word conscience,” said Nobel laureate Holocaust survivor and fellow Medalist Elie Wiesel, who presented Valladares with the Canterbury Medal at The Pierre in New York City. “Conscience embodies what we want for humanity. Whatever is good, whatever is noble is linked to conscience.”

“My story is proof that a seemingly small act of defiance can mean everything to the enemies of freedom. They did not keep me in jail for 22 years because my refusal to say three words meant nothing. They kept me there that long because it meant everything,” said Armando Valladares in his speech (full transcript here). “Though my body was in prison and abused, my soul was free and flourished. My jailers took everything from me, but they could not rob me of my conscience.”

Valladares was arrested and imprisoned at the age of 23 for refusing to display a placard on his desk that said: “I am with Fidel.” Because of this simple act of dissent, he was imprisoned for 22 years, where he suffered tortures, labor camps, hunger strikes and spent eight years naked in a solitary confinement cell where he was regularly doused with human excrement.

While in prison, Valladares painted and wrote poetry using any materials available to him, such as medicines, burnt nylon, and even his own blood. The Canterbury Medal Dinner showcased these original, never before seen paintings – some the size of postage stamps — and writings that were smuggled out of prison, and later out of Cuba, by his wife Martha who published them to critical acclaim. This year also marks the 30th anniversary of his New York Times bestselling memoir, Against All Hope: A Memoir of Life in Castro’s Gulag, which has been translated to 18 different languages.

Becket’s annual gala is a black-tie event held at the Pierre Hotel in New York and is attended by the most distinguished religious leaders and religious liberty advocates throughout the world. This year’s gala chairs were Anthony and Christie DeNicola. Notable guests included Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor, Cardinal Timothy Dolan, Elder Gary E. Stevenson of The Church of Jesus Christ of Latter-day Saints, New York Times bestselling author and New York University Professor Jonathan Haidt, and 2011 Canterbury Medalist and New York Times bestselling author Eric Metaxas.

The Canterbury Medal recognizes courage in the defense of religious liberty and is given to a leading figure who champions a robust role for religion in society. Past Canterbury Medalists include Nobel laureate Elie Wiesel, Rabbi Lord Jonathan Sacks,  Prison Fellowship founder Charles Colson, LDS Elder Dallin H. Oaks, financier Foster Friess, Barbara Green of Hobby Lobby Stores, Inc., Archbishop Charles Chaput and the former Ambassador to the Vatican, James R. Nicholson, among others.

For more information or to arrange an interview, 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.

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Religious non-profits tell Court: Yes there is a solution

WASHINGTON, D.C.– Less than a week after the Supreme Court heard the case of the Little Sisters of the Poor (Zubik v. Burwell), the Court made an unprecedented move asking both sides to provide additional arguments about whether the government could find ways to distribute contraceptives without the involvement of religious non-profits and their health plans. The Court had also asked whether, for non-profits who buy traditional insurance plans, the government might hire the same insurance company to provide the drugs.

The religious non-profits told the Supreme Court: “The answer to that question is clear and simple: Yes.”

“These non-profits said “yes” to the Supreme Court, just as they have been saying “yes” to the federal government for many years.” said Mark Rienzi, senior counsel at Becket, which represents the Little Sisters of the Poor. “At some point, the government has to learn how to take yes for an answer. The religious objection has always been only to those methods of distribution that forced the non-profits and their plans to participate. The government should move on from this unnecessary fight, and go provide these services some other way that doesn’t use nuns.”

The government exempts 1 in 3 Americans from this regulation. It also exempts large corporations such as Exxon and Pepsi Bottling. A total of 100 million Americans are exempted, yet the Little Sisters of the Poor face millions in fines unless they violate their faith.

“We were encouraged by oral arguments and the Court’s request for supplemental briefs,” said  Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor. “We have always believed a solution is possible, and are hopeful the government will let us serve.”

For more information, join Becket attorneys on a press call tomorrow at 10 a.m. EST at 888-670-9385, pin number: 54523. Email questions in advance to: media@becketlaw.org.

The Little Sisters of the Poor are a 175-year-old order of religious women who care for the elderly poor. More information can be found about the case here: www.thelittlesistersofthepoor.com.

Religious college plaintiffs also weighed in. “This case is about the freedom of all Americans to follow their faith,” said Dr. Blair Blackburn, President of East Texas Baptist University. “At ETBU, we are proud to be part of the long tradition of Baptists in America, just as Roger Williams advocated for religious freedom and separation of church and state in Colonial America and founded Rhode Island and the First Baptist Church in America. We simply ask the Court to recognize that ETBU is a conscientious objector, and that the federal government is insisting that we act as a conscientious collaborator.”

“At HBU, our faith animates everything we do, including our emphasis on academic excellence,” said Dr. Robert Sloan, President of Houston Baptist University. “We are hopeful that the Supreme Court will let us continue to serve our students and others.”

Paul D. Clement of Bancroft, PLLC presented the oral argument before the U.S. Supreme Court for the Little Sisters. Noel J. Francisco of Jones Day LLP also presented arguments on behalf of several ministries. The Little Sisters of the Poor are represented by Becket, Locke Lord LLP, and Professor Kevin Walsh of the University of Richmond Law School. Robert Muise of American Freedom Law Center represents plaintiff Priests for Life. David Cortman of Alliance Defending Freedom represents several different religious ministries. A decision from the Supreme Court can be expected in June.

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

 

Christians, Jews, Sikhs, Hindus defend New Jersey mosque

WASHINGTON, D.C. – Nearly 20 diverse civil rights and religious groups today asked a court to support a community of Muslims in New Jersey who have been trying to build a house of worship for almost a decade (view full coalition list). The mosque met every requirement by the local zoning board and was designed to look like a house to blend in with the surrounding neighborhood. But due to local hostility toward Muslims, the permit was denied.

“I came to America almost fifty years ago with a firm belief in the values that America represents, including freedom of religion and equality before the law,” said Mohammad Ali Chaudry, the founding and current president of the Islamic Society of Basking Ridge. “This mosque is part of my American dream. We are overwhelmed by this extraordinary support from so many diverse groups all supporting our position and affirming that Muslims too have the right to worship in Bernards Township.”

Dr. Chaudry is a Pakistani immigrant who has lived with his family in Basking Ridge for nearly 40 years. He has a Ph.D. in economics from Tufts University and is a retired AT&T executive. He has a long history of community engagement, including serving on the town’s board of education and as mayor from 2004 to 2007.

In 2008, Dr. Chaudry began looking for property to build a larger space to hold the Society’s prayer meetings and Sunday school for children. A few years later, Chaudry purchased a 4-acre site zoned for houses of worship and began planning construction. The small, unassuming mosque was designed to fit in with the residential neighborhood, without a traditional dome and with discrete minarets that looked like chimneys. But after the Society filed its application for a permit, what ensued was four years of local bureaucratic quagmire. The Board held a record 39 public hearings during which time the Society faced hostility and vandalism from members of the local community.

“It is a gross misuse of power by the local Planning Board to deny this house of worship simply because it is a mosque,” said Hannah Smith, senior counsel of Becket, which filed an amicus brief in support of the Islamic Society. “The town cannot arbitrarily apply different standards to any religious group, be they Jews, Native Americans, Catholics or Muslims, merely because local protesters disapprove of religious beliefs that are new or different.”

In March 2016, the Society sued the town for violating the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First and Fourteenth Amendments. Becket’s amicus brief was joined by a diverse coalition including the American Association of Jewish Lawyers and Jurists, Baptist Joint Committee for Religious Liberty, Center for Islam and Religious Freedom, Ethics and Religious Liberty Commission of the Southern Baptist Convention, Interfaith Coalition on Mosques, International Mission Board of the Southern Baptist Convention, International Society for Krishna Consciousness, Muslim Bar Association of New York, National Asian Pacific American Bar Association, National Association of Evangelicals, New Jersey Muslim Lawyers Association, Queens Federation of Churches, Sikh American Legal Defense and Education Fund, Sikh Coalition, South Asian Bar Association of New Jersey, South Asian Bar Association of New York, and Unitarian Universalist Legislative Ministry of New Jersey.

Becket was joined by Christopher J. Paolella of the New York law firm Reich & Paolella and Asma Uddin of the Center for Islam and Religious Freedom. The Islamic Society of Basking Ridge and Mr. Chaudry are represented by Adeel A. Mangi of the New York law firm Patterson Belknap Webb & Tyler LLP.

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.

###

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).

Unprecedented: Small town judge faces ban for religious beliefs

WASHINGTON, D.C. – Ignoring the pleas of LGBT citizens in the small town of Pinedale, Wyoming, a state agency is demanding that – after over 20 years of sterling service – Judge Ruth Neely be banned for life from the judiciary and pay up to $40,000 in fines merely for stating that her faith prevents her from personally performing same-sex weddings. Even though small-town magistrates like Judge Neely aren’t required or even paid by the state to perform weddings, the state agency concluded that Judge Neely “manifested a bias” and is therefore permanently unfit to serve as a judge. This would be the first time in the country that a judge was removed from office because of her religious beliefs about marriage.

“As a local LGBT couple who actually knows Judge Neely put it: punishing Judge Neely for her religious beliefs would be ‘obscene and offensive,’” said Daniel Blomberg, Legal Counsel for Becket, which submitted a friend-of-the-court brief defending Judge Neely. “They were right. In America, the government doesn’t get to punish people for their religious beliefs—especially not for beliefs that the U.S. Supreme Court itself, in the very opinion that recognized same-sex marriage, said were ‘decent and honorable’ and held ‘in good faith by reasonable and sincere people.’”

Judge Neely has served the community of Pinedale, Wyoming (population, 2030) for over 20 years. Many local officials in Pinedale can solemnize weddings, but are not required to do so. Judges like Judge Neely can decline to perform weddings for many reasons, such as a desire to marry only friends and family, to avoid conflicts with fishing, football games, or hair appointments, or even simply because they “don’t feel like it.” Nevertheless, Judge Neely faces removal from office for saying that her religious beliefs would prevent her from performing a same-sex marriage—even though she has never even been asked to perform one.

Judge Neely has had a career of impeccable service, with local mayors and citizens praising her fairness and impartiality. The local town attorney says that “every[one] who appears before Ruth gets a fair shake,” and another Pinedale resident says “Ruth Neely is one of the best people I have ever met.” Even the state agency calling for her ouster admits she has “served the community well” and she’s a “well-recognized and respected judge.” The worst offense that the state agency was able to find was that she occasionally corrected police officers who used bad grammar in writing tickets.

“Unfortunately, the agency is trying make an example out of Judge Neely to intimidate any other judge that doesn’t toe the agency’s line on marriage,” continued Blomberg. “But the constitution doesn’t allow government agents to purge the judiciary of anyone who holds ‘heretical’ views about marriage.”

Becket today submitted an amicus brief in support of Judge Neely in the Wyoming Supreme Court. Joining Becket on the amicus brief is local counsel Douglas W. Bailey. Judge Neely is represented by the Alliance Defending Freedom.

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.

 ###

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).

Never before seen writings, art from Castro’s gulags

WASHINGTON, D.C. – On Thursday an art exhibit of over 30 never before seen paintings and writings by Cuban artist and poet Armando Valladares will be displayed at the Canterbury Medal Dinner in New York City. Valladares, this year’s recipient of Becket’s highest honor, spent 22 years imprisoned in Castro’s gulags for refusing to put up a placard on his desk that said “I am with Fidel.” (watch video here).

“There’s nothing dictators fear more than artists, especially poets,” said Armando Valladares. “Poetry had become a weapon to transcend, to leave prison to the external world and denounce the crimes and violations of human rights committed in the jails of Cuba.”

While in prison, Valladares painted using any materials available to him, such as medicines, burnt nylon, and even his own blood. The Canterbury Medal Dinner art exhibit will include these original paintings – some the size of postage stamps — as well as writings that were smuggled out of prison, and later out of Cuba, by his wife Martha who published them to critical acclaim. This year marks the 30th anniversary of his New York Times bestselling memoir, Against All Hope: A Memoir of Life in Castro’s Gulag, which has been translated to 18 languages. 

Valladares was arrested and imprisoned at the age of 23 for refusing to display a placard on his desk that said: “I am with Fidel.” He spent 22 years in prison for that simple act of dissent. Eight of those years he spent naked in solitary confinement cell. He was tortured with relentless beatings, endured 16 hunger strikes, one of which left him wheelchair bound for years, and lived in constant fear of being randomly shot. Martha led an international campaign for his release, and Amnesty International adopted him as a prisoner of conscience. He was released in 1982.

“While in prison, Valladares hand wrote his book of poetry over 20 times. Only one copy survived the smuggling process. Those writings were published in France igniting an international campaign on behalf of the human rights of thousands of political prisoners in Cuba,” said Kristina Arriaga, executive director of Becket. “His work is an inspiring testament to the power of the human spirit.”

The Canterbury Medal Dinner is attended by the most distinguished religious leaders and advocates of religious liberty throughout the world. Notable guests this year include Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor, Cardinal Timothy Dolan, and Elder Gary E. Stevenson of The Church of Jesus Christ of Latter-day Saints. The black-tie gala will be held this Thursday, May 12, 2016 at the Pierre Hotel on 2 East 61st Street at 5th Avenue, New York City hosted by this year’s gala chairs Anthony and Christie DeNicola. For more information visit  www.becketlaw.org/canterbury2016.

Past Canterbury Medalists  include Nobel laureate Elie Wiesel, Rabbi Lord Jonathan Sacks,  Prison Fellowship founder – the late Charles Colson, LDS Elder Dallin H. Oaks, financier Foster Friess, Barbara Green of Hobby Lobby Stores, Inc., Archbishop Charles Chaput and the former Ambassador to the Vatican, James R. Nicholson, among others. Medalists all share a common devotion to liberty and freedom of conscience for people of all faiths.

Member of the press interested in covering the art exhibit or dinner, contact Ryan Colby at rcolby@becketlaw.org 0r 202-349-7219 for press credentials and a complimentary ticket.

For more information or to arrange an interview with a Becket Fund 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.

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Setting the Captives Free

May 5, 2016, Focus on the Family

It’s an effective ministry—so effective that it’s got a contract with Florida’s Department of Corrections, which provides funds for each ex-convict the group takes in. But it’s also a ministry that’s worked under a serious threat for the last nine years. That’s when an atheist group, the Council for Secular Humanism, sued to shut down that funding to both Prisoners of Christ and a similar ministry, Lamb of God Recovery Centers, based in Pompano Beach.

Nun’s Network to court: Feds have changed their tune

WASHINGTON, D.C.– The world’s largest religious media network asked a federal court today to protect it from having to choose between violating its faith or paying massive fines.

The Eternal Word Television Network (EWTN) filed a petition today asking the court to rehear its case in light of new admissions the government made at the Supreme Court in its lawsuit against the Little Sisters of the Poor. In February, a U.S. Court of Appeals lifted its earlier ruling temporarily protecting EWTN and issued a splintered decision against the network. The new decision allowed the government to force EWTN to violate core Catholic teachings by providing services, such as the week after pill, on their employee health plan even though these services can easily be provided by the government.

“The government should have remembered their Mark Twain: telling the truth is easier to remember,” said Lori Windham, senior counsel for Becket, which represents EWTN. “But after years of an at-best distant acquaintance with the truth, the government is getting its stories mixed up. Until recently, the government swore that it didn’t need ministries to do anything but get out of the way. That claim was always ‘rubbish on stilts,’ as one judge put it. And in the crucible of the Supreme Court, the government finally slipped, confessing that its scheme depends on being able to hijack ministries’ health plans.”

EWTN was founded in 1981 by Mother Angelica, a cloistered nun who passed away in March 2016. EWTN began as a small television network in a garage on monastery grounds, and its sole purpose has always been sharing its Catholic faith. Today, EWTN is now the largest religious media organization in the world, reaching into over 265 million television homes in 144 different countries. Yet the government continues insist it can force EWTN to violate the very teachings that drive its mission.

EWTN’s rehearing request shows that the fractured February opinion was built on a foundation that the government has now undermined. Most significantly, the government argued, and the panel accepted, that EWTN simply had to “opt out” of providing services and the government would take it from there. But after a historic Supreme Court order called the government’s bluff, the government admitted that its scheme makes contraceptive coverage “part” of EWTN’s health plan and that it never had any other “mechanism” for making the scheme work another way.

“The government admitted what we have said from the beginning,” said Michael P. Warsaw, Chairman and Chief Executive Officer of EWTN. “Once you get past the bureaucratic smokescreen, this really comes down to one issue: the government wants to hijack our health plan. EWTN cannot let them do it.”

Becket is defending EWTN in its fight against the government’s HHS Mandate, which is forcing the network to include services such as the week-after pill in its health care plan. Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor,  Houston Baptist and East Texas Baptist Universities, along with many other religious ministries. Kyle Duncan of Schaerr | Duncan LLP also represents EWTN.

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.

 ###

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).

Who Is Monifa Sterling? Bible And Religious Freedom Debated By Military Court After Marine Discharged For Sharing Scripture

April 29, 2016, International Business Times

“The other charges aren’t being challenged in this appeal. The only issue before the court is whether the military violated Lance Cpl. Sterling’s right to religious freedom by discriminatorily forcing her to remove her scripture verses from her workspace,” Daniel Blomberg, legal counsel for The Becket Fund, told Military.com.

Never before seen writings, art by Cuban political prisoner

WASHINGTON, D.C. – In two weeks, an art exhibit of over 30 never before seen paintings and writings by Cuban artist and poet Armando Valladares will be displayed at the Canterbury Medal Dinner in New York City. Valladares spent 22 years imprisoned in Castro’s gulags for refusing to put up a placard on his desk that said “I am with Fidel.” (watch video here).

“There’s nothing dictators fear more than artists, especially poets,” said Armando Valladares. “Poetry had become a weapon to transcend, to leave prison to the external world and denounce the crimes and violations of human rights committed in the jails of Cuba.”

While in prison, Valladares painted using any materials available to him, such as medicines and burnt nylon. The Canterbury Medal Dinner art exhibit will include these original paintings – some the size of postage stamps — as well as writings that were smuggled out of prison, and later out of Cuba, by his wife Martha who published them to critical acclaim. This year marks the 30th anniversary of his New York Times bestselling memoir, Against All Hope: A Memoir of Life in Castro’s Gulag, which has been translated to 18 languages (available here). 

Valladares was arrested and imprisoned at the age of 23 for refusing to display a placard on his desk that said: “I am with Fidel.” He spent 22 years in prison for that simple act of dissent. Eight of those years he spent naked in solitary confinement in a windowless and mosquito-infested cell, where guards regularly doused him with buckets of human excrement. He was tortured with relentless beatings and endured several hunger strikes, one of which left him wheelchair bound for years. Martha led an international campaign for his release, and Amnesty International adopted him as a prisoner of conscience. He was released in 1982 thanks to the intercession of French President Francois Mitterrand.

He  recently wrote: “America, perhaps more than any other nation in the world, understands and defends the sanctity of the human mind and the beliefs that flourish and guide it. We are still a beacon to the men and women that languish in their jail cells for holding steadfast to their beliefs and for refusing to violate them despite intimidation in places where tyrannical thugs or ISIS zealots reign with terror.”

“While in prison, Valladares hand wrote his book of poetry over 20 times. Only one copy survived the smuggling process. Those writings were published in France igniting an international campaign on behalf of the human rights of thousands of political prisoners in Cuba,” said Kristina Arriaga, executive director of Becket. “His work is an inspiring testament to the power of the human spirit.”

The Canterbury Medal Dinner boasts the most distinguished religious leaders and advocates of religious liberty throughout the world. Notable guests include Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor, Cardinal Timothy Dolan, and Elder Gary E. Steveson of The Church of Jesus Christ of Latter-day Saints. This year’s black-tie gala will be held on Thursday, May 12, 2016 at the Pierre Hotel on 2 East 61st Street at 5th Avenue, New York City hosted by this year’s gala chairs Anthony and Christie DeNicola. Reserve your ticket online at  www.becketfund.org/canterbury2016.

Past Canterbury Medalists  include Nobel laureate Elie Wiesel, Rabbi Lord Jonathan Sacks,  Prison Fellowship founder – the late Charles Colson, LDS Elder Dallin H. Oaks, financier Foster Friess, Barbara Green of Hobby Lobby Stores, Inc., Archbishop Charles Chaput and the former Ambassador to the Vatican, James R. Nicholson, among others. Medalists all share a common devotion to liberty and freedom of conscience for people of all faiths.

If you are a member of the press interested in covering the exhibit or Gala, contact Ryan Colby at rcolby@becketlaw.org for a complimentary ticket.

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.

 ###

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, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

U.S. Supreme Court sides with ex-N.J. cop who claims demotion was political payback

April 27, 2016, NJ.com 

“Even Snooki knows that picking up a campaign sign is protected by the First Amendment,” Stephanie Barclay, counsel for the Becket Fund for Religious Liberty, said Tuesday. “It’s sad that this case had to go all the way to the Supreme Court for the city of Paterson, New Jersey, to learn that freedom of speech and the right to assemble are core rights of American citizens.”

Media Advisory: Court to hear military religious liberty case

WASHINGTON, D.C. – Later this morning, the military’s top court will consider whether U.S. service members can be court-martialed for expressing their faith. Earlier in the case, a court ruled that only well-known religious beliefs enjoy legal protection and that religious speech seen as “divisive” can be broadly censored. The case arose when a Marine Lance Corporal was forced to remove the scriptural phrase “no weapon against me shall prosper” from her personal workstation even though co-workers were permitted to keep nonreligious personal messages on their desks.

Becket filed an amicus brief explaining the lower court’s ruling harms religious liberty, particularly for minority religions, and must be overturned. The brief was signed by a coalition of military veterans and military ministries from a variety of faith backgrounds—including Anglican, Catholic, Jewish, Mormon, Muslim, Sikh, and Southern Baptist. Among them are the U.S.’s largest organization of Orthodox rabbis; the first Sikh soldier in a generation allowed to keep his turban and beard on active duty; and the ministries led by a recently retired U.S. Army Chief of Chaplains and senior veteran chaplains from the Army, Air Force, and Marines. The Lance Corporal is represented by the First Liberty Institute and Paul Clement of Bancroft PLLC.

What:
Oral argument in United States v. Sterling

Who:
Daniel Blomberg, legal counsel of Becket
(available for comment immediately following the hearing)

When:
Today, April 27, 2016 at 9:30 a.m. EST

Where:
United States Court of Appeals for the Armed Forces
450 E St NW, Washington, DC 20442

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.

###

The Becket Fund for Religious Liberty 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 defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more here).

Supreme Court says police officer wrongly demoted

WASHINGTON, D.C. Moments ago, the U.S. Supreme Court made an important First Amendment decision that will affect government employees nationwide.

This case involves a New Jersey police officer who was demoted for picking up a political campaign sign for his bedridden mother. Becket asked the Court to protect the officer’s right of free speech and his right to freely assemble. The Supreme Court ruled 6-2 in favor of the police officer.

“Even Snooki knows that picking up a campaign sign is protected by the First Amendment,” said Stephanie Barclay, counsel for Becket. “It’s sad that this case had to go all the way to the Supreme Court for the City of Paterson, New Jersey to learn that freedom of speech and the right to assemble are core rights of American citizens.”

Police Officer Jeffrey Heffernan went to the city of Paterson to pick up a political campaign sign supporting the mayor’s challenger for his ill mother. While doing this, he was spotted by the incumbent mayor’s security detail which wrongly reported Officer Heffernan was supporting the incumbent’s challenger. The very next day the Paterson Police Department demoted Mr. Heffernan from detective to patrol officer. Mr. Heffernan sued the city, the mayor, and the police chief of the city of Paterson for violating his rights to free speech and freedom of association.

“Especially in an election year it is crucial that the rights of speech and assembly are protected,” added Barclay. “All Americans have to be able to participate in the political process without fear of retribution.”

For more information or to arrange a follow-up 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. 

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

 

An Unnecessary Fight With the Little Sisters

April 22, 2016, Real Clear Politics 

Which of the following seems out of place: Visa, Chevron, ExxonMobil, Pepsi, the Little Sisters of the Poor. If you answered the Little Sisters of the Poor, you answered correctly! If you did so because the first four options are major corporations and the last choice is an order of nuns who care for destitute and dying elderly people, you were only partially correct. The Little Sisters are also the correct out-of-place selection because they are the only option not exempted from the Affordable Care Act’s contraception mandate.

 

High court to consider discrimination against church playgrounds

WASHINGTON, D.C.– The State of Missouri wants to make sure children play on safe playgrounds – unless they attend a religious school. Today Becket filed an amicus brief in the U.S. Supreme Court in support of Trinity Lutheran Church Learning Center, a Christian preschool that was barred from a state program providing grants to nonprofit organizations so they can replace hard playground surfaces with safer and softer recycled tires. The case will determine whether governments can ban religious organizations from participating in widely available safety programs simply because they are religious.

“A scraped knee is a scraped knee whether it happens at a Montessori school or a Lutheran school,” said Hannah Smith, senior counsel for Becket. “If the First Amendment means anything, it means that the government can’t discriminate against churches simply because they are religious.”

Trinity Lutheran’s playground, currently covered with a mix of gravel and grass, is used not only by its own schoolchildren but by many children from the surrounding community. When Trinity Lutheran applied to the state’s scrap tire program, its application ranked fifth out of 44 applications based on overall quality of the intended project, the number of people who would benefit from the improved playground, and the quality of the school’s recycling education programs. But, citing Missouri’s “Blaine Amendment,” the state denied the grant solely because the school is associated with a church.  Missouri’s Blaine Amendment was enacted in 1875 during a time of pervasive anti-Catholic bigotry and was originally designed to bar funding only to Catholic schools. But since then, it has been used to discriminate against people of all faiths in a variety of education and public welfare programs.

“This case is not about separation of church and state; it is about separation of reason and common sense,” said Smith. “Covering a playground with shredded tires is going to prevent injuries; it is not going to pave the way to theocracy.”

Becket filed its Supreme Court brief together with former Tenth Circuit Judge Michael McConnell, now a professor at Stanford Law School. Trinity Lutheran Church, represented by Alliance Defending Freedom, sued the State of Missouri in January 2013 for violating its First Amendment rights. In May 2015, the United States Court of Appeals for the Eighth Circuit ruled against Trinity Lutheran Church. The Supreme Court agreed to hear the case on January 15, 2016, and oral arguments will take place in the fall of 2016.

For more information or to arrange a follow-up 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. 

 ###

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).

More Supreme Court briefs filed in the Little Sisters of the Poor case

WASHINGTON, D.C. – Today the Little Sisters of the Poor and the government responded further to the Supreme Court’s question of whether there are alternatives to the mandate for religious non-profit ministries. Last week, the ministries responded loud and clear: “Yes.” Today at 4:00 p.m. Becket will hold a press call to discuss the implications of the briefs filed to the U.S. Supreme Court today.

“”Thank goodness for the Supreme Court,”” said Mark Rienzi, senior counsel at Becket, which represents the Little Sisters of the Poor. “If the Court had not asked for additional briefs, we would not know that the government actually agrees that there are solutions for providing contraceptives that are more respectful of religious beliefs. If only the government had thought about that five years ago, this litigation would not have been necessary.”

 

Less than a week after the Supreme Court heard the case of the Little Sisters of the Poor, the Court made an almost unprecedented move asking both sides to provide additional arguments about whether the government could find ways to distribute contraceptives without the involvement of religious non-profits and their health plans.Last week, the religious non-profits responded the Supreme Court: “The answer to that question is clear and simple: Yes.”“We are so grateful that the Court asked to hear more about our case,”” said Sister Loraine Marie Maguire, mother provincial for the Little Sisters of the Poor. “We just want to focus on our mission of serving the elderly poor as we have for the last 175 years while being faithful to the teachings of our Church.”

Currently the government exempts 1 in 3 Americans from this regulation. It also exempts large corporations such as Exxon, Visa and even the government’s own Military family plan. A total of 100 million Americans are exempt.

“This case is about the freedom of all Americans to follow their faith,” said Dr. Blair Blackburn, President of East Texas Baptist University. “We simply ask the Court to recognize that ETBU is a conscientious objector, and that the federal government is insisting that we act as a conscientious collaborator.”

“At HBU, our faith animates everything we do, including our emphasis on academic excellence,” said Dr. Robert Sloan, president of Houston Baptist University. “We are hopeful that the Supreme Court will let us continue to serve our students and others.”

For more information, join Becket attorneys on a press call today at 4:00 p.m. EST at 888-670-9385, pin number: 54523. Email questions in advance to: media@becketlaw.org. Last week’s press call audio is available here.

Paul D. Clement of Bancroft, PLLC presented the oral argument before the U.S. Supreme Court for the Little Sisters. Noel J. Francisco of Jones Day LLP also presented arguments on behalf of several ministries. The Little Sisters of the Poor are represented by Becket, Locke Lord LLP, and Professor Kevin Walsh of the University of Richmond Law School. Robert Muise of American Freedom Law Center represents plaintiff Priests for Life. David Cortman of Alliance Defending Freedom represents several different religious ministries.

A decision from the Supreme Court can be expected in June.                                                

For more information or to arrange a follow-up 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

###

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).

The new face of $20 is a religious liberty icon

WASHINGTON, D.C.– Today the US Treasury announced Harriet Tubman would be the new face of the $20 bill. A former slave herself, Tubman said that her faith had inspired her to save hundreds of fugitive slaves and lead them out of the pre-Civil War South to freedom in Canada. Tubman was a member of the African Methodist Episcopal Zion Church.

“Harriet Tubman was a woman of faith who acted on her beliefs to fight for justice,” said Kristina Arriaga, executive director of Becket. “The courage with which she followed her faith for the sake of so many others is an example to all Americans. She is an icon of religious liberty.”

Becket has represented many women of faith, including the Little Sisters of the Poor, a group of nuns who dedicate their life to serving the elderly poor and whose case is currently before the United States Supreme Court.

For more information or to arrange a follow-up 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. 

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Little Sisters to Court: Government’s existing plans make solution possible

WASHINGTON, D.C.– In a follow-up press call regarding the briefs filed with the U.S. Supreme Court in the Little Sisters of the Poor case (audio here), Becket questions the government for failing to acknowledge the contraceptive-only plans that already exist through Medicaid. In the briefs filed today, the Little Sisters of the Poor and the government responded further to the Supreme Court’s question of whether there are alternatives to the mandate for religious non-profit ministries. The ministries have continued to respond loud and clear: “Yes.”

The following quotes from the press call can be attributed to Mark Rienzi, senior counsel of Becket:

“The federal government already works with state governments to provide contraceptive-only plans through Medicaid. It’s not that the plans can’t and don’t exist. They exist. It’s not that it’s impossible to work with states to do it. The government already works with states to do it. That was discussed in our opening brief.  It’s ignored in the government’s brief today because they don’t have a good answer to it.”

“In every other context the government will tell you the healthcare exchanges are awesome. It’s never really had an explanation why the only people who it won’t let use its exchanges are the people who work for these religious institutions. The bottom line: the government has said alternatives exist. They have to use them.”

“There is a win-win. It’s actually really easy: The government can go do what it needs to do and leave the nuns out of it. And in the end everyone wins because the truth is we are all better off if we live in a world where people like the Little Sisters of the Poor can, inspired by their faith, devote their lives to caring for the elderly poor.”

Paul D. Clement of Bancroft, PLLC presented the oral argument before the U.S. Supreme Court for the Little Sisters. Noel J. Francisco of Jones Day LLP also presented arguments on behalf of several ministries. The Little Sisters of the Poor are represented by Becket, Locke Lord LLP, and Professor Kevin Walsh of the University of Richmond Law School. Robert Muise of American Freedom Law Center represents plaintiff Priests for Life. David Cortman of Alliance Defending Freedom represents several different religious ministries.

For more information or to arrange a follow-up 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. 

 ###

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 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).

Army Lets Three More Sikh Soldiers Wear Turban, Beard, Long Hair

April 12, 2016, Military.com

“The Army’s decision is not legally binding … and may be withdrawn at any time,” said Eric Baxter, senior counsel at The Becket Fund for Religious Fund for Religious Liberty. “In fact, the Army has already stated that the accommodations will be re-evaluated in approximately one year.”

Former Cuban political prisoner to receive Becket’s Canterbury Medal

WASHINGTON, D.C. – Cuban poet and artist Armando Valladares will receive Becket’s highest honor, the Canterbury Medal, in New York City next month. Valladares spent 22 years in Castro’s gulags for refusing to put up a placard on his desk that said “I am with Fidel” (watch video here). This year marks the 30th anniversary of his New York Times bestselling memoir, Against All Hope: A Memoir of Life in Castro’s Gulag, which has been translated to 18 languages (available here).

“I have known Armando Valladares for many, many years. And he is a very good person, an honest fighter for peace and for justice,” said Nobel laureate Holocaust survivor and fellow Medalist Elie Wiesel, who will be presenting the tribute to Valladares at the Canterbury Medal Dinner. “I think he has something heroic about him.”

Valladares was arrested and imprisoned at the age of 23 for refusing to display a placard on his desk that said: “I am with Fidel.” He spent 22 years in prison for that simple act of dissent. Eight of those years he spent naked in solitary confinement in a windowless and mosquito-infested cell, where guards regularly doused him with buckets of human excrement. He was tortured with relentless beatings and endured several hunger strikes, one of which left him wheelchair bound for years. During this time he wrote poetry, which his wife Martha smuggled out of Cuba and published to critical acclaim. She led an international campaign for his release, and Amnesty International adopted him as a prisoner of conscience. He was released in 1982 thanks to the intercession of French President Francois Mitterrand.

He  recently wrote: “America, perhaps more than any other nation in the world, understands and defends the sanctity of the human mind and the beliefs that flourish and guide it. We are still a beacon to the men and women that languish in their jail cells for holding steadfast to their beliefs and for refusing to violate them despite intimidation in places where tyrannical thugs or ISIS zealots reign with terror.”

“Armando Valladares has often told me that during his imprisonment every inch of his body was tortured and imprisoned but he was still a free man because no one could touch his faith,” said Kristina Arriaga, executive director of Becket. “He personifies courage and strength and has devoted his life to the defense of human rights around the world.”

The Canterbury Medal Dinner boasts the most distinguished religious leaders and advocates of religious liberty throughout the world. Notable guests include Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor, Cardinal Timothy Dolan, and Elder Gary E. Stevenson of The Church of Jesus Christ of Latter-day Saints. This year’s black-tie gala will be held on Thursday, May 12, 2016 at the Pierre Hotel on 2 East 61st Street at 5th Avenue, New York City hosted by this year’s gala chairs Anthony and Christie DeNicola. Reserve your ticket online at  www.becketfund.org/canterbury2016.

Past Canterbury Medalists  include Nobel laureate Elie Wiesel, Rabbi Lord Jonathan Sacks,  Prison Fellowship founder – the late Charles Colson, LDS Elder Dallin H. Oaks, financier Foster Friess, Barbara Green of Hobby Lobby Stores, Inc., Archbishop Charles Chaput and the former Ambassador to the Vatican, James R. Nicholson, among others. Medalists all share a common devotion to liberty and freedom of conscience for people of all faiths.

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.

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Army allows three Sikh enlistees to wear beards, turbans

April 11, 2016, The Hill

“For decades, Sikhs have been excluded from serving our country because of their faith while many other countries recognize their valor and patriotism—and benefit from it,” Eric Baxter, senior counsel at the Becket Fund, said in a written statement. “The Army’s current agreement to stop discriminating against these individual soldiers is an important step, but the court should still issue a ruling to extend that protection to all Sikhs.”

Army grants religious accommodation to three more Sikhs

WASHINGTON, D.C. – The Army is taking historic steps toward allowing Sikhs to serve in the military. Just one week after deciding to accommodate Bronze Star recipient Captain Simratpal Singh, the Army is now allowing three more Sikhs to serve with their religious beards and turbans in place. Specialist Kanwar Singh, Specialist Harpal Singh, and Private Arjan Ghotra can finally report to Basic Combat Training in May with their conscience protected.

Although the Army has granted thousands of exceptions to its shaving rules for medical reasons, the four religious exceptions in the last week are more than all accommodations granted to Sikhs in the last thirty-five years since the beard-ban has been enforced. The Army’s decision is not legally binding, however, and may be withdrawn at any time. In fact, the Army has already stated that the accommodations will be re-evaluated in approximately one year. So the soldiers will continue their lawsuit to ask the court to make their accommodations lasting and legally binding.

“For decades, Sikhs have been excluded from serving our country because of their faith while many other countries recognize their valor and patriotism—and benefit from it,” said Eric Baxter, senior counsel at Becket, which represents the three Sikh soldiers. “The Army’s current agreement to stop discriminating against these individual soldiers is an important step, but the court should still issue a ruling to extend that protection to all Sikhs.”

“After months of waiting, I’m ecstatic that I can finally serve both God and country,” said Private Arjan Ghotra, a high school senior who joined the Virginia Army National Guard. “I will be forever grateful to the Army for at least letting me go to boot camp. I look forward to proving that I can serve as well as anyone and am hopeful the Army will extend my accommodation afterward.”

All three soldiers were already admitted into the National Guard or Reserve, but were in danger of being forced to either shave in violation of their faith or face a court-martial for refusing. Specialist Kanwar Singh was even segregated from his unit for six months and then pressured by top Army officials to shave if he wanted to start Basic Training. The Army’s treatment of these soldiers is a violation of the Religious Freedom Restoration Act and stands in stark contrast to how Sikhs are treated in the militaries of other nations. For example, Canada’s Minister of National Defense is himself an observant Sikh who served in Afghanistan as a special assistant to the American commander in the region.

Meanwhile, in the U.S. Army, Captain Singh became the first and only Sikh soldier in a combat brigade to be granted an accommodation. Even that victory, however, was loaded with caveats, requiring Captain Singh to also continue seeking relief in Court.

“The Army complained to a judge that Captain Singh was saying nice things about them in the media, but still pressing forward with his lawsuit in court,” said Baxter. “The Army is understandably sensitive about its history of discrimination against Sikhs. But after dragging its feet for years, and still admitting Sikhs only slowly and grudgingly, the need for a decisive court order is regrettably clear.”

“We commend the U.S. Department of Defense for its decision to allow these soldiers to serve with their religious turbans and beards,” said Harsimran Kaur, legal director of the Sikh Coalition. “However we know, the federal court knows, and even our nation’s largest employer, the DoD, knows that engaging in case-by-case, burdensome accommodation processes while enforcing a discriminatory ban is illegal and indefensible.”

Becket is joined by the Sikh Coalition and the law firm McDermott Will & Emery in representing the Sikh soldiers.

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.

###

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).

Sikh Army Captain Wins Religious Freedom Victory

April 7, 2016, Law Street 

What makes this scenario particularly incredulous is that Sikhs served in the U.S military from WW1 through 1981 without restrictions on their religious articles of faith. Sikhs already enrolled in the services before the 1981 restriction were grandfathered. The Army claims the turban and hair could impede the soldiers from fully securing gas masks on themselves, or other protective gear, yet military divisions in Canada, the United Kingdom, and Australia allow Sikhs to serve without any restrictions.

U.S. Army OKs religious exception for turban, beard

April 5, 2016, WND

“No American should have to face religious discrimination to serve their country – especially not top-notch, battle-tested soldiers like Captain Singh,” Baxter said, the Sikh Foundation reported April 1. “We will continue fighting for the right of all Sikh Americans to serve without violating their faith.”

Three Sikhs to Army: Finish the job!

WASHINGTON, D.C. – Three Sikhs—Specialist Kanwar Singh, Specialist Harpal Singh, and Private Arjan Ghotra—are pressing a federal court for the same right the Army gave to another Sikh soldier last week to serve with his religious beard and turban in place.  All three soldiers are scheduled to begin Basic Combat Training in May and, without a court order, will be forced to shave in violation of their religious convictions or face a courts-martial if they don’t. Their court filing yesterday evening states that the Army has refused to act on their requests for religious protection for as long as eight months and that the delays are making it impossible for them to carry on with their lives.

“It’s high time the Army stopped dragging every single Sikh who wants to serve his country through months of discrimination and delay,” said Eric Baxter, senior counsel at Becket, which represents the three Sikh soldiers. “The Army boasts about diversity—now it needs to walk the talk.”

The Army’s decision last Friday allows Captain Simratpal Singh to serve with his beard and turban in place for at least one year, with the Army promising to implement clearer standards for granting religious protections by that time. While a few other limitations imposed on Captain Singh are still being worked out in court, the decision allowing him to serve for at least a year was a significant step forward. But the Army is still leaving other Sikhs such as Specialist Kanwar Singh, Specialist Harpal Singh, and Private Arjan Ghotra without any clear direction on their rights as soldiers—admitting them into the Army, but then prohibiting them from fully serving while their requests for exemptions from the “no beards” rule drag on. Specialist Kanwar Singh was literally segregated from his unit for the first six of the eight months that his request has been pending (read about all three soldiers’ experiences here).

“The Army’s delays leave Sikh soldiers uncertain about their future for months on end,”  said Baxter. “In the meantime, they are often treated like second-class soldiers. The Army needs to stop sending the message that religious minorities are not welcome in the military.”

Becket is joined by the Sikh Coalition and the law firm McDermott, Will & Emery in representing the Sikh soldiers.

“We are back in court because our nation’s largest employer continues to endorse religious discrimination against patriotic Sikh Americans,” said the Sikh Coalition’s Legal Director, Harsimran Kaur. “Until that policy ends these cases will have no choice but to continue.”

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

 

Believers, Thinkers, and Founders: How We Came to Be One Nation Under God

In Believers, Thinkers and Founders: How We Came to be One Nation Under God,  Kevin Seamus Hasson—founder and president emeritus of the Becket Fund for Religious liberty—offers a refreshing resolution to the age-old dispute surrounding the relationship of  religion and state: a return to first principles.

“The traditional position,” writes Hasson, “is that our fundamental human rights—including those secured by the First Amendment—are endowed to us by the Creator and that it would be perilous to permit the government ever to repudiate that point.” America has steadfastly taken the position that there is a Supreme Being who is the source of our rights and the author of our equality. It has repeated that point for well over two hundred years throughout all branches and levels of government.

Never mind, says the secularist challenge. God is, to put it mildly, religious. Religion has no place in Government. So God has no place in Government. It’s just that simple.
But for the government to say there is no creator who endows us with rights, Hasson argues, “is to do more than simply tinker with one of the most famous one-liners in history; it is to change the starting point of our whole explanation of who we are as Americans.”

He proposes a solution straight from the founding: the government acknowledges the existence of God who is the source of our rights philosophically but not religiously. This idea of the “Philosophers’ God” is a conception of God based not on faith but on reason. Hasson suggests that by recognizing the distinction between the creator of the Declaration of Independence and the God of our faith traditions, we may be able to move past the culture wars over religion that have plagued the country.

In Believers, Thinkers, and Founders, Hasson examines the idea of the “Philosophers’ God” while looking at a host of issues—including the Pledge of Allegiance, prayer at public events, and prayer in public schools—as he demonstrates how we can still be one nation under God.

Army Relents, Grants Waiver to Let Sikh Officer Wear Beard, Turban

April 1, 2016, Military.com

In a statement released Friday morning by The Becket Fund for Religious Liberty, the law firm representing him, Singh expressed gratitude for Wada’s decision. “I’m proud to be an American soldier,” he said. “More than ever, the military needs to reflect the diversity of our great nation. I’m grateful the Army is allowing me to serve without being forced to compromise my religion.”

Finally! US Army allows Sikh Bronze Star Medalist to serve

WASHINGTON, D.C. –  Bronze Star Medal recipient, Army Captain Simratpal Singh, will continue to serve our country with his religious turban and beard in place. In response to a lawsuit brought by Becket, the Army issued a decision late Thursday evening conceding that allowing beards for medical reasons but banning them for religious reasons discriminates against Sikh Americans by needlessly barring them from serving their country.

“The Army needs courageous men like Captain Singh who are willing to fight for what’s right,” said Eric Baxter, Senior Counsel at Becket, which represents Captain Singh. “He’s already proven he is willing to sacrifice his life for the freedoms of others. Hooah to the Army for finally letting him enjoy his own religious freedom!”

Captain Singh is a West Point graduate, an Army Ranger, and a Bronze Star Medal recipient, yet the Army threatened to discharge him for wearing a turban and beard as required by his Sikh faith. The Army’s stance was absurd, especially considering that Sikhs serve without controversy in militaries around the world, including in Australia, Canada, India, and the United Kingdom. Moreover, at any given time, roughly 100,000 soldiers in the U.S. Army have exemptions for medical beards. Special Forces in Afghanistan have also frequently grown beards under relaxed grooming standards applied on the front lines. (Read the NYT article here.) The lawsuit was brought under the Religious Freedom Restoration Act, which serves to protect religious minorities against mindless bureaucratic action.

“I’m proud to be an American soldier,” said Captain Singh. “More than ever, the military needs to reflect the diversity of our great nation. I’m grateful the Army is allowing me to serve without being forced to compromise my religion.”

“This decision gives hope that our nation’s largest employer is making progress towards permanently ending a policy of religious discrimination,” said Harsimran Kaur, legal director of the Sikh Coalition.

Captain Singh initially received a temporary accommodation in mid-December, allowing him to report to his new assignment in Fort Belvoir, Virginia, with beard and turban in place. In early March, however, the Army tried to subject him to heightened testing for his gas mask and safety helmet, even though he had already passed the standard safety testing all soldiers undergo. On March 4, 2016, a  U.S. District Court in D.C. ordered the Army to stop imposing discriminatory testing and to treat Captain Singh under the same rules that apply to everyone else. The Army’s decision yesterday confirms that Captain Singh’s religious turban and beard have no impact on his ability to serve.

Becket is joined by attorneys from the Sikh Coalition and McDermott Will & Emery in representing Captain Singh. On Wednesday March 29, 2016, they filed a similar suit on behalf of three other observant Sikhs—Specialist Kanwar Bir Singh, Specialist Harpal Singh, and Private Arjan Singh Ghotra.

“The Army’s feeble arguments are falling apart,” said Baxter. “It’s time to let all Sikhs serve.”

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

SCOTUS seeks new birth control policy

March 30, 2016, Politico

The challengers believe the order means the court won’t uphold the existing accommodation. “They wouldn’t be asking about alternatives to the accommodation if they [found it acceptable],” said Eric Rassbach, deputy general counsel at the Becket Fund for Religious Liberty, which represents an order of Catholic nuns, Little Sisters of the Poor, in the case.

Three Sikh-American Soldiers File New Lawsuit Against U.S. Department of Defense

March 29, 2016, NBC News 

“Three Sikhs filed suit against the Army to ensure that their requests for religious accommodation are resolved by their basic training ship dates in May,” Harsimran Kaur, The Sikh Coalition’s legal director, told NBC News. “The lead plaintiff has been waiting over seven months. The Army has been failing to make decisions on whether these patriotic Sikhs will be able serve their country while abiding by the tenets of their faith. In doing so, the Army is violating their constitutional and statutory rights.”

Soldiers press Army to stop discriminating

WASHINGTON, D.C. – Three Sikh soldiers are seeking  the right to serve their country without having to violate their faith. Specialist Kanwar Bir Singh, Specialist Harpal Singh, and Private Arjan Singh Ghotra are all scheduled to report for basic combat training in May. Yet Pentagon officials are still threatening to make them shave against their religious beliefs or leave the service. The policy appears to originate with Lieutenant General James McConville, who is tasked with providing religious accommodations to soldiers. This is the second lawsuit launched by Becket this month asking the court to protect the right of Sikhs to serve their country without abandoning their faith.

“These men are exactly what the Army says it wants: soldiers of integrity, patriotism, and courage,” says Eric Baxter, senior counsel at Becket, which represents the three Sikh soldiers. “It’s embarrassing that the Army is still quibbling over their beards when militaries in Canada, the United Kingdom, Australia, and India all accommodate Sikhs without a problem. Hasn’t the Army ever heard of Ulysses S. Grant?”

Specialist Kanwar Singh was recruited into the competitive Officer Candidate School program based on his leadership skills and having achieved the highest possible score on the military entrance exam when applying to join the Massachusetts Army National Guard. Specialist Harpal Singh is fluent in Punjabi, Hindi, and Urdu, all three of which are highly sought after by the Army. He also has significant expertise in telecommunications technologies, having deployed around the world—including to Ghana, Russia, and the Middle East—to develop telecommunications systems for Ericsson, a large Swedish telecommunications company. Private Arjan Ghotra is a seventeen-year-old high school senior who joined the Virginia Army National Guard after serving for several years in the Civil Air Patrol and the Virginia Defense Force.

“I was inspired to serve after learning about the Massachusetts National Guard’s response in the immediate aftermath of the Boston Marathon Bombings,” says Specialist Kanwar Singh. “I’m so grateful for the privileges I enjoy in this country. I want to help our country in time of need and help preserve peace and freedom for all Americans.”

Sikhs have a long history of meritorious service in the United States military, extending from World War I through the Vietnam War. It was only in the early 1980s that the Army begin enforcing its beard ban against observant Sikhs, who never cut their hair or beards out of respect for God’s creation. For centuries when Sikhs were subjected to forced conversions by oppressing majorities in Asia, where the Sikh faith originated, many Sikhs chose martyrdom over shaving their beards or cutting their hair.

“A policy of religious discrimination by our nation’s largest employer runs completely counter to the values our military purports to protect,” said the Sikh Coalition’s Legal Director, Harsimran Kaur. “Action must be taken.”

The soldiers’ lawsuit joins another suit brought by decorated Army Captain and Bronze Star recipient Simratpal Singh. Earlier this month the United States District Court for the District of Columbia stopped the Army from subjecting Captain Singh to discriminatory testing because of his faith. The Army then promised to resolve his request for a religious accommodation by April 1. In their filing this morning, the three new Sikh plaintiffs are seeking an order that will require the Army to resolve their requests at the same time.

“The Army has roughly 50,000 soldiers with permanent beard exceptions for medical reasons,” says Baxter. “It’s mind-boggling that they’d rather discriminate against Sikhs than give them the same respect they give to soldiers with shaving bumps.”

The Sikh Coalition and McDermott Will & Emery serve as co-counsel in this case alongside 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 

###

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 asks for additional briefs in Little Sisters case

WASHINGTON, D.C. – Less than a week after it heard the case of the Little Sisters of the Poor, the U.S. Supreme Court took the unusual step of asking for additional information, telling both sides to discuss alternative ways to avoid forcing religious women to provide services against their faith.

“This is an excellent development. Clearly the Supreme Court understood the Sisters’ concern that the government’s current scheme forces them to violate their religion,” said Mark Rienzi, lead attorney for Becket. “We look forward to offering alternatives that protect the Little Sisters’ religious liberty while allowing the government to meet its stated goals.”

The Little Sisters of the Poor, a 175-year-old religious order of women who serve the elderly poor, have asked the Supreme Court for protection from a government mandate that already exempts 1 in 3 Americans, large corporations like Chevron, Exxon, and Pepsi, and the U.S. military. The High Court must decide whether the government can force the Little Sisters of the Poor to comply with this mandate and provide services that violate their faith, even though these same services could easily be offered through the government exchanges.

The Supreme Court today asked both the government and the Little Sisters of the Poor to file additional briefs by next month.

Last week, the U.S. Supreme Court heard the case of the Little Sisters of the Poor and other religious ministries. (Transcript available here). A decision is expected in June.

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.

###

 

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).

Becket remembers the life of Mother Angelica

WASHINGTON, D.C. – Becket expresses its condolences to the men and women of EWTN and the Poor Clares of Perpetual Adoration following the passing of Mother Angelica on Easter.

“Mother Angelica was a shining example of courage and faith,” said Kristina Arriaga, executive director of Becket. “We mourn her loss, but her legacy lives on in EWTN and in the lives of all those she touched.”

In 1981 Mother Angelica founded Eternal Word Television Network to share the teachings of the Catholic faith. Today, EWTN has grown into the world’s largest religious media network, reaching 230 million people in 140 countries via television, radio, and the web. It follows Mother Angelica’s example and mission, proclaiming the Catholic faith in all it does. (Watch video here)

“EWTN is continuing the good work that Mother Angelica started. We are honored to join with our friends at EWTN in continuing the fight for religious freedom,” said Arriaga.

Becket is defending EWTN in its fight against the government’s HHS Mandate, which attempts to force the nun’s network to include services such as the week-after pill in its health care plan. Last month, a federal appeals court ruled against EWTN in a splintered decision, but EWTN is continuing its fight against the mandate. Last week, the Supreme Court heard arguments in a related challenge by the Little Sisters of the Poor, and a decision is expected in that case by June.

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.

 ###

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).

BREAKING: Little Sister gives landmark statement following Supreme Court hearing

WASHINGTON, D.C. – Moments ago, the U.S. Supreme Court heard the case of the Little Sisters of the Poor, a 175-year-old religious order of women who care for the elderly poor. The Little Sisters have asked the Supreme Court for protection from a government mandate that is forcing them to provide services against their beliefs.

The following statement can be attributed to Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor:

“Hello, my name is Sister Loraine Marie Clare. The Lord has given me a beautiful calling; that of being a Little Sister of the Poor.

We Little Sisters of the Poor are a group of women who make religious vows to God. We dedicate ourselves to serving the elderly poor regardless of race or religion, offering them a home where they are welcomed as Christ, cared for as family and accompanied with dignity until God calls them to Himself.  We have done this for more than 175 years.

But now we find ourselves in a situation where the government is requiring us to include services in our religious health care plan that violate some of our deepest held religious beliefs as Little Sisters.

We don’t understand why the government is doing this when there is an easy solution that doesn’t involve us—it can provide these services on the exchanges.  It’s also hard to understand why the government is doing this when 1/3 of all Americans aren’t even covered by this mandate, and large corporations like Exxon, Visa, and Pepsi are fully exempt, yet the government threatens us with fines of 70 million dollars per year if we don’t comply.

It is a privilege for us to care for the most vulnerable members of our society; serving them, comforting them, being a loving and healing presence in their lives; just being a “Little Sister to them” is our joy.  All we ask, is that we can continue to do this work.

After hearing the argument today, we are hopeful for a positive outcome.  We will continue to trust God because–as our Mother Foundress St. Jeanne Jugan said: “God will help us, the work is His”.

Thank you and God bless.”

For more information about the case, visit www.thelittlesistersofthepoor.com.

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

###

The Becket Fund for Religious Liberty 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 hears Little Sisters of the Poor case

WASHINGTON, D.C. – Moments ago, the U.S. Supreme Court heard the case of the Little Sisters of the Poor, a 175-year-old religious order of women who have vowed their lives to care for the elderly poor.

At the hearing, the justices pressed the government with hard questions on why it is trying to force the Sisters to violate their religious beliefs when it has chosen to exempt so many other employers from the mandate. Justice Ginsburg noted that “no one doubts for a moment” the sincerity of the Little Sisters’ beliefs. And other justices expressed concern the government was, in fact, “hijacking” the Little Sisters’ health plan and making them “subsidiz[e] conduct which they believe to be immoral.” Yet the government specifically stated that it not only believes it can force its scheme on the Little Sisters, but also on churches and other houses of worship—making them help provide “seamless” coverage for services like the week-after pill. (Transcript can be found here as soon as it is available.)

“The government has many ways to deliver its services without using the Little Sisters of the Poor—alternatives that it says are as easy to use as shopping on Amazon or Kayak, and which it has already extended to millions of Americans” said Mark Rienzi, senior counsel at the Becket and lead Becket attorney for the Little Sisters of the Poor. “Yet the government admitted today that it is forcing the Sisters to violate their sincerely held beliefs. That’s wrong and unnecessary. As Paul Clement said in concluded oral argument today, the Little Sisters are happy to be conscientious objectors, but they can’t agree to be conscientious collaborators.”

The Little Sisters have asked the Supreme Court for protection from a government mandate that already exempts 1 in 3 Americans, large corporations like Chevron, Exxon, and Pepsi, and the U.S. military. The High Court must decide whether the government can force the Little Sisters of the Poor to comply with this mandate and provide services that violate their faith, even though these same services could easily be offered through the government exchanges.

“We don’t understand why the government is doing this when there is an easy solution that doesn’t involve us—it can provide these services on the exchanges,” said Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor, in a statement made outside the Court. The full statement is available here, and video can be found here. “It’s also hard to understand why the government is doing this when 1/3 of all Americans aren’t even covered by this mandate, and … yet the government threatens us with fines of 70 million dollars per year if we don’t comply…. All we ask, is that we can continue to do this work.”

The Little Sisters of the Poor have received widespread support in their case from a diverse coalition of religious leaders. As one justice noted at oral argument, the coalition included not only Catholics, Baptists, and Evangelicals, but also “Orthodox Jews, Muslim groups, and an Indian tribe,” who expressed concern that the government’s scheme was “an unprecedented threat to religious liberty.” Other supporters included over 200 Democratic and Republican Members of Congress. More than 40 friend-of-the-court briefs were filed at the U.S. Supreme Court on behalf of the Little Sisters (view full list).

The Little Sisters of the Poor appealed to the Supreme Court last July, and in November, the Court agreed to take up the appeal. This is the second time the Little Sisters have been forced to ask the Supreme Court for protection from the government’s efforts to make them to provide services against their faith.

The Little Sisters’ case was heard with those of 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, and GuideStone Financial Services of the Southern Baptist Convention. Other parties also before the Court today included Geneva College, Southern Nazarene University, the Roman Catholic Archbishop of Washington, and the Most Reverend David A. Zubik.

Paul D. Clement of Bancroft, PLLC presented the oral argument before the U.S. Supreme Court for the Little Sisters. Noel J. Francisco of Jones Day also presented arguments on behalf of several ministries. The Little Sisters of the Poor are represented by Becket, Locke Lord LLP, and Professor Kevin Walsh of the University of Richmond Law School. A decision from the Supreme Court can be expected in June.

For more information about the case, visit www.thelittlesistersofthepoor.com.

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.

###

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).

Media Advisory: Little Sister to deliver landmark statement following Supreme Court hearing

WASHINGTON, D.C. – The case of the Little Sisters of the Poor will be heard by the U.S. Supreme Court tomorrow March 23 at 10:00 a.m. The Little Sisters are a 175-year-old religious order of women who have vowed their lives to care for the elderly poor. The Little Sisters have asked the Supreme Court for protection from a government mandate that already exempts 1 in 3 Americans, large corporations like Chevron, Exxon, and Pepsi, and the U.S. military. The High Court must decide whether the government can force the Little Sisters of the Poor to comply with this mandate and provide services that violate their faith even though these services can easily be obtained through the government’s own exchanges.

In addition to the Little Sisters of the Poor, the Supreme Court will hear the case of Becket clients Houston Baptist and East Texas Baptist Universities as well as five other religious non-profit groups in Zubik v. Burwell. Becket represents the Little Sisters, as well as the Christian Brothers Employee Benefit Trust, Christian Brothers Services, Reaching Souls International, Truett-McConnell College, and GuideStone Financial Resources of the Southern Baptist Convention.

What:
The Little Sisters of the Poor oral argument
before the U.S. Supreme Court in Zubik v. Burwell

Who:
Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor
Paul Clement, Bancroft PLLC

When:
Wednesday March 23, 2016 at 10:00 a.m. EST

Where:
U.S. Supreme Court
1 First St NE, Washington, DC 20543

Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor, and Becket attorneys will deliver statements in a press conference outside the Supreme Court immediately following oral argument. For more information about the case, visit www.thelittlesistersofthepoor.com.

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.

###

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 (learn more).

Media Advisory: What the government got wrong in the Little Sisters of the Poor Supreme Court case

WASHINGTON, D.C. – New evidence highlights the contradictions in the government’s arguments against the Little Sisters of the Poor, who are being forced to comply with a mandate that already exempts 100 million Americans. On Wednesday, the Little Sisters of the Poor will stand before the Supreme Court, which will have to consider why the government refuses to provide a religious exemption from the HHS mandate for the Little Sisters, when 1 in 3 Americans don’t have health plans that must comply with the Mandate. (See the numbers here).

Large corporations – including Exxon, Chevron, and Pepsi – are exempt because they never changed their plans and so are grandfathered. The U.S. military family plan and insurance for the disabled are also exempt from the mandate. These plans get to make their own choices about whether to provide free contraceptives, and can make those decisions based on cost or convenience. Yet the government refuses to give the same right to the Little Sisters of the Poor, a group of Catholic nuns that take religious vows to care for the elderly poor. After promising that the Little Sisters’ religious beliefs would be protected, the government created a new regulation requiring the Little Sisters to change their healthcare plan to offer services that violate their Catholic beliefs.

The government argues that since it has offered to reimburse the costs of the services it wants the Little Sisters to provide, they should have no moral objection to offering them. For the Little Sisters, this is  not about money, but conscience, and whether they should be forced to change their healthcare plan to offer services they morally object to, especially since those services could be provided more effectively through the government’s healthcare exchange.

The Supreme Court is scheduled to hear the Little Sisters’ case on Wednesday, March 23, 2016.

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.

###

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  (learn more).

State Department calls killing of Christians in Iraq genocide

WASHINGTON, D.C. – Today Secretary of State John Kerry officially determined that the massacre of Christians and other religious minorities in Iraq constitutes genocide under international law. The move comes after many religious leaders called for Secretary Kerry to recognize the atrocities and after Becket submitted a legal analysis explaining that Daesh’s attacks on religious minorities constitute genocide under international law.

In Iraq, since the takeover of ISIS in 2013, the Christian population has dwindled from 1.5 million to less than 200,000. Daesh (also known as ISIS, ISIL and the Islamic State) has murdered, crucified, sawed in half, enslaved and systematically raped hundreds of thousands of Christians and other minorities in effort to establish a Sunni Caliphate. Prior to today’s declaration, many religious leaders and human rights advocates had called for Secretary Kerry to recognize the plight of religious minorities including Christians in this area.

“Often the first step in solving a problem is recognizing it for what it is,” said Eric Rassbach, deputy general counsel of Becket Fund. “Daesh has murdered and enslaved thousands of Christians, Yazidis, and other religious minorities. Officially declaring these acts of mass evil to be genocide won’t immediately solve the problem, but they will put us on the road to stopping this evil.”

Becket submitted a legal memorandum to Secretary Kerry documenting the massacre of Christians and asking him to declare genocide.

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.

###

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).

Media Advisory: Supreme Court to hear Little Sisters of the Poor case March 23

WASHINGTON, D.C. – The case of the Little Sisters of the Poor will be heard by the U.S. Supreme Court on Wednesday March 23 at 10:00 a.m. The Little Sisters are a 175-year-old religious order of women who have vowed their lives to care for the elderly poor. The Little Sisters have asked the Supreme Court for protection from a government mandate that already exempts 1 in 3 Americans, large corporations like Chevron, Exxon, and Pepsi, and the U.S. military. The High Court must decide whether the government can force the Little Sisters of the Poor to comply with this mandate and provide services that violate their faith even though these services can easily be obtained through the government’s own exchanges.

What:

The Little Sisters of the Poor oral argument
before the U.S. Supreme Court in Zubik v. Burwell

Who: 

Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor
Paul Clement, Bancroft PLLC

When: 

Wednesday March 23, 2016 at 10:00 a.m. EST

Where:

U.S. Supreme Court
1 First St NE, Washington, DC 20543

Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor, and Becket attorneys will deliver statements in a press conference outside the Supreme Court immediately following oral argument. For more information about the case, visit www.thelittlesistersofthepoor.com.

The Supreme Court consolidated the Little Sisters of the Poor case, which includes petitioners Christian Brothers Employee Benefit Trust and Christian Brothers Services, with the cases of other Becket clients Houston Baptist and East Texas Baptist Universities, Reaching Souls International, Truett-McConnell College, and GuideStone Financial Resources of the Southern Baptist Convention, as well as with the cases of five other religious non-profit groups in Zubik v. Burwell.

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.

###

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  (learn more).

Little Sisters poke big holes in Government’s case

 

WASHINGTON, D.C. – The Little Sisters of the Poor, an order of Catholic nuns who care for the elderly poor, filed a brief at the Supreme Court explaining glaring contradictions in the government’s healthcare mandate. Next week, the Court will hear arguments about whether the government can force the Little Sisters to provide services like the week-after pill against their religious beliefs when those same services could be easily obtained through the government’s own exchanges.

“The government already exempts 1 in 3 Americans from this mandate, and it has given big government programs and big companies like Exxon and Visa the freedom to decide not to comply with the mandate, even just for reasons of cost or convenience.” said Sr. Loraine Marie Maguire, mother provincial of the Little Sisters of the Poor. “Protecting our ability to care for the elderly poor ought to be at least as important as helping big business save a few dollars.”

“The government must have been hoping the Justices wouldn’t read their whole brief in one sitting,” said Mark Rienzi, senior counsel at Becket and lead counsel for the Little Sisters. “They defend these massive exemptions by saying that the exchanges are great and easy to use. But then they blast the same exchanges as lousy and hard to use for any Little Sisters employee. The brief is going to give the Justices whiplash from trying to keep up with those contradictions.”

“The government has ample ways to distribute these services without us—and their brief says those ways are perfectly fine for the tens of millions of people covered by all the other exemptions it handed out,” explained Sr. Loraine. “I don’t understand why the government can’t just use the same systems and programs it already has in place and leave us Little Sisters to our work of caring for the elderly poor as we have for 175 years.”

The Little Sisters of the Poor have  received widespread support in their case, including from a diverse coalition of religious leaders representing Jewish, Muslim, Hindu, Native American, Catholic, Protestant, and other faiths as well as over 200 Democratic and Republican Members of Congress. More than 40 friend-of-the-court briefs were filed at the U.S. Supreme Court on behalf of the Little Sisters (view full list).

The Little Sisters’ case, along with several other religious ministries, will be heard March 23.  For more information about their case, visit www.thelittlesistersofthepoor.com.

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.

###

The Becket Fund for Religious Liberty 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).

The Little Sisters of the Poor tell their stories

WASHINGTON, D.C. – What does it mean to be a Little Sister of the Poor? Their stories are now told in a new video series featuring nine Little Sisters answering a simple question: “What do you love about being a Little Sister of the Poor?” These heartwarming stories of humble service to the elderly poor can be told in nine one-minute videos, available at thelittlesistersofthepoor.com.

In the new video series, nine Little Sisters of the Poor tell their stories:

Originally from India, Sister Georgia says, “As a Little Sister… I can be more joyful, more outgoing, and more of myself. And the residents they see me, they’re very happy, because they forget their sickness.”

The mission of the Little Sisters of the Poor is to, as our foundress St. Jeanne Jugan showed to us, is to really care for everyone with great love and respect,” says Sister Veronica. “Our work is to uphold the value of human life, the dignity of every human person.”

The Little Sisters of the Poor are a group of religious women who have vowed to care for the elderly poor as if they were Christ himself. Currently the Federal Government is trying to force the Little Sisters of the Poor to provide services against their religious beliefs even though these same services could easily be offered through the government exchanges.

The Little Sisters of the Poor have  received widespread support in their case, including from a diverse coalition of religious leaders representing Jewish, Muslim, Hindu, Native American, Catholic, Protestant, and other faiths as well as over 200 Democratic and Republican Members of Congress. More than 40 friend-of-the-court briefs were filed at the U.S. Supreme Court on behalf of the Little Sisters (view full list).

The Little Sisters’ case, along with several other religious ministries in Zubik v. Burwell, will be heard March 23.  For more information about their case, visit www.thelittlesistersofthepoor.com.

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

###

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).

Judge sides with Sikh soldier on grooming standards

March 4, 2016, The Hill

“Getting a court order against the Army is huge — it almost never happens,” Eric Baxter, senior counsel at the Becket Fund, said in a written statement Friday. “It goes to show just how egregious the Army’s discrimination against Sikhs is. Thankfully the court stepped in to protect Capt. Singh’s constitutional rights. Now it’s time to let all Sikhs serve.”

Court halts discriminatory testing of Sikh Army Captain

WASHINGTON, D.C. – Decorated Army Captain and observant Sikh Simratpal Singh has prevailed against the Department of Defense’s (DOD) efforts to subject him to discriminatory testing because of his religion.

In an order issued last night, federal District Judge Beryl A. Howell held that the DOD is forbidden from imposing “any non-standard or discriminatory testing for [Captain Singh’s] helmet and gas mask during the pendency of the litigation.” Judge Howell issued the order in response to Captain Singh’s complaint filed earlier this week, where he disclosed that DOD bureaucrats planned to force him to undergo three days of testing under escort at the Army’s Aberdeen Proving Ground, despite the fact he had just passed the standard gas-mask testing exercise.

“Getting a court order against the Army is huge—it almost never happens,” said Eric Baxter, senior counsel at Becket, which represents Captain Singh. “It goes to show just how egregious the Army’s discrimination against Sikhs is. Thankfully the Court stepped in to protect Captain Singh’s constitutional rights. Now it’s time to let all Sikhs serve.”

Captain Singh is decorated with the Bronze Star and is a West Point graduate, yet he faced the possibility of being forced to compromise his faith, which includes wearing a beard and turban, even though the military already accommodates nearly 50,000 soldiers with beards for medical or other reasons (NYT article.) Captain Singh initially received a temporary accommodation in mid-December, allowing him to report to his new assignment in Fort Belvoir, Virginia, with beard and turban intact. The accommodation was extended until March 31, but the Army proposed putting Captain Singh through a battery of tests seemingly designed to exclude him from the Army, even though he had just passed the standard gas-mask testing.

“We have been advocating for the simple, straightforward, equal right to serve for years and held onto the belief that the military would correct this injustice once they realized their mistake,” said Harsimran Kaur, legal director of the Sikh Coalition“The military’s treatment of Captain Singh, a decorated soldier, makes it clear that they deliberately want to squash diversity and religious freedom in their ranks and that’s not something that any court or American should ever tolerate.”

“The U.S. Constitution and the Religious Freedom Restoration Act make it crystal clear that Captain Singh’s right to practice his faith and serve in our military are not mutually exclusive,” said co-counsel Amandeep Sidhu, partner at McDermott Will & Emery. “We are grateful that the court is on the right side of religious freedom with its ruling, which begs the question: does the world’s largest employer really want to be on the wrong side of history?”

On February 29, Becket and the Sikh Coalition, along with co-counsel at McDermott Will & Emery, filed a complaint in the U.S. District Court for the District of Columbia, asking the court to permanently protect Captain Sikh’s First Amendment right to keep his beard and turban while serving in the military.

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Government exempts 100 million from HHS mandate, but not the Little Sisters

WASHINGTON, D.C. – According to the government’s own statistics, one in three Americans do not have health insurance plans covered by the HHS mandate. HHS has exempted plans for big corporations like Exxon and Pepsi Bottling, huge cities like New York City and the world’s largest employer — the U.S. military — are exempted.

This information and more is detailed in a new website for Little Sisters of the Poor, which has trended on Facebook and become a valuable resource about the case since its launch two weeks ago. The Little Sisters of the Poor, a group of Catholic nuns who care for the elderly poor, have asked the Supreme Court  to protect them from the government mandate forcing them to provide drugs and devices — such as ella and the week after pill — against their Catholic faith.

In a nation of 320 million people, the best the government can claim is that “well over 100 million employees and dependents” are covered by the mandate. Why did they come up short by hundreds of millions of people?  Because the government’s own statistics show that one in three Americans are exempted from the mandate.

In its arguments to the Supreme Court, the government admits that women who are not covered by the mandate can still access contraception through other means, such as on a family member’s plan or through the government’s own insurance exchanges. But it then bizarrely argues that exempting the Little Sisters and letting the nuns’ employees get contraceptives the same way would pose a serious threat to the government’s goal of providing universal free access to contraception and early-term pharmaceutical abortion, thus harming the “harmonious functioning of a society like ours.”  The Little Sisters of the Poor have simply asked to be exempt too, and have suggested the government could better meet its goals if it provided services through the healthcare exchanges for everyone instead of trying to force religious plans to offer these services that violate their beliefs.

It’s the perfect solution. Using the healthcare exchanges, which the government has hailed as an “easy and fast” healthcare option for millions of Americans, would protect both the Little Sisters of the Poor’s religious freedom and the government’s goal to provide free access to these services to women who want them.

The Little Sisters of the Poor have  received widespread support in their case, including from a diverse coalition of religious leaders representing Jewish, Muslim, Hindu, Native American, Catholic, Protestant, and other faiths as well as over 200 Democratic and Republican Members of Congress. More than 40 friend-of-the-court briefs were filed at the U.S. Supreme Court on behalf of the  Little Sisters (view full list). The Little Sisters’ case, along with several other religious ministries, will be heard March 23.

For more information or to arrange an interview with an attorney contact Melinda Skea, director of communications at 202-349-7224 or media@becketlaw.org.

###

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 defends Jewish prisoners in Florida seeking kosher meals

WASHINGTON, D.C. – In a friend-of-the-court brief filed today, Becket argued that federal law compels Florida to provide kosher meals to Jewish prisoners. Florida is the only large prison system in the country that still wants to force Jewish prisoners to eat non-kosher food.

“Prisoners surrender many of their physical rights at the jailhouse door, but they do not surrender the fundamental right of conscience,” said Luke Goodrich, Deputy General Counsel at Becket. “Every large prison system in the country provides kosher meals to Jewish prisoners; it is past time for Florida to do the same.”

Florida claims that providing kosher meals is too expensive to be required by federal law. However, at least 35 states and the federal government provide prisoners with kosher meals while remaining within their budgets. Florida also provides a variety of more expensive, specialized diets to meet the medical needs of its prisoners.

Becket has sued Florida over the denial of kosher meals twice—first in 2002, then in 2012. Both times it received a favorable result on behalf of one observant prisoner. This latest lawsuit was filed by the United States on behalf of all observant prisoners. A federal district court ordered Florida to begin providing kosher meals for all observant inmates last year, and Florida has appealed. Today Becket, represented by the global law firm Jones Day, filed an amicus brief urging the protection of the religious rights of all prisoners.

“Protecting religious freedom in prison reduces prison violence and makes prisoners less likely to commit crimes after their release,” said Goodrich. “Forcing Jewish prisoners to violate the centuries-old commands of their faith is the height of bureaucratic foolishness.”

In addition to its successful suits against Florida, Becket has won kosher meal cases against Georgia and Texas, and has assisted in a similar victory against Indiana. Becket has never lost a case when suing a prison system over the denial of kosher meals.

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.

 ###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Sikh-American Military Officer Files Lawsuit to Serve with Turban, Beard

March 1, 2016, NBC News

“Captain Singh upholds the finest traditions of our military,” Eric Baxter, senior counsel at The Becket Fund for Religious Liberty, told NBC News. “He’s a West Point graduate, Army Ranger, Bronze Star Recipient. He knows he is subject to the same standards as everyone else. Just this morning, he underwent a previously scheduled gas mask test with his unit and passed without a hitch. He shouldn’t be subjected to additional, discriminatory testing because of his faith. The Army is treating him as if he were a lab rat.”

Sikh Army Captain fights Pentagon to practice faith

WASHINGTON, D.C. – U.S. Army Captain Simratpal Singh filed a lawsuit earlier today asking a federal court to protect his right to wear his Sikh turban and beard while serving in the Army. Captain Singh initially received a temporary accommodation in mid-December, allowing him to report to his new assignment in Fort Belvoir, Virginia with beard and turban intact. But now the Army is imposing new hurdles, signaling it will refuse to make the accommodation permanent, thereby forcing him to seek the court’s protection.

A Bronze Star recipient and West Point graduate, Captain Singh faces being forced to compromise his faith despite the fact that the military already accommodates nearly 50,000 soldiers with beards for medical or other reasons (NYT article.) The accommodation was only the fourth time the military has granted such an accommodation since imposing a ban in the 1980s.

“Captain Singh is a decorated war hero. The Army should be trying to get more soldiers like him, not banning them from serving or punishing them for their beliefs,” said Eric Baxter, Senior Counsel at Becket, which represents Captain Singh. “It’s time for the Pentagon to stop playing games and start doing the right thing – for Captain Singh, for Sikh Americans, and for all Americans.”

Captain Singh, a devout Sikh with a family history of military service, graduated West Point with honors and then served in Afghanistan, where he was awarded the Bronze Star for his work clearing IEDs. During his time in the Army, Captain Singh has completed Ranger School and his Master’s degree. After nine years of being forced to choose between his faith and his country, the Army granted him two back-to-back temporary religious accommodations that protect him into March 2016. However, just before next month’s deadline, and after Captain Singh passed standard protective-mask testing, the Army demanded he undergo a series of additional tests that other soldiers permitted to wear beards for medical reasons are not required to complete. This discriminatory testing could threaten Captain Singh’s ability to continue serving his country with a permanent accommodation.

“I am proud to fight for my country, which includes fighting to protect others’ religious beliefs,” said Captain Simratpal Singh in December after receiving his temporary accommodation. “I simply ask that I be able to continue serving without being forced to give up a core part of my own faith—of who I am.”

Observant Sikhs have served in the U.S. military—including in combat zones and in Special Forces—from at least World War I through the Vietnam War. The Army has granted nearly 50,000 permanent exemptions to its beard ban for medical reasons. And just this summer, a D.C. federal court held that the Army violated federal law and its own regulations by barring a Sikh from applying to join the military because of his turban and beard.

“This ban is wrong. Sikh Americans have proven time and again that they can serve with honor and excellence,” said Harsimran Kaur, Legal Director for the Sikh Coalition, which serves as co-counsel for Captain Singh. “Our military’s work is too hard and too important to be weighed down by unnecessary limitations on who can do the job.”

“For years we have worked to avoid litigation under the guiding belief that the U.S. military would finally do the right thing,” said co-counsel Amandeep Sidhu, McDermott Will & Emery LLP. “The U.S. Constitution and RFRA make it clear that Captain Singh has the right to practice his faith in the military and we are confident that the court will agree.”

On February 29, Becket and the Sikh Coalition, along with co-counsel at McDermott Will & Emery, filed a complaint in the U.S. District Court for the District of Columbia, asking the court to permanently protect Captain Singh’s religious freedom and allow him to keep his beard and turban while serving in the military.

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.

###

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).

Sikh Army Captain Sues For Right To Wear Turban, Sport Beard In Uniform

February 29, 2016, The Daily Caller

The lawsuit alleges that the Army forced Singh to undergo extraordinary testing measures far beyond other comparable cases. They say Singh had to go through evaluations for mask and helmet fit. A coalition including more than two dozen retired generals and over 100 members of Congress have publicly called for Sikhs to receive an exemption, but the Army has been slow to give these kinds of concessions.

Court deeply disturbed by Army treatment of Captain decorated with Bronze Star

WASHINGTON, D.C. – Decorated Sikh Army Captain Simratpal Singh succeeded in forcing the Army to retreat from an order issued last Friday that would have subjected him to discriminatory testing solely because of his religion.  Captain Singh filed his lawsuit earlier today in federal court. Under vigorous questioning from Judge Beryl A. Howell, Army lawyers conceded that they did not need to subject Captain Singh to immediate testing that no soldiers permitted to wear beards for medical reasons have ever had to endure. Army lawyers agreed to hold off on these unprecedented tests and will have to respond to the Court again tomorrow to justify their position.

Decorated with the Bronze Star and a West Point graduate, Captain Singh faced the prospect of being forced to compromise his faith despite the fact that the military already accommodates nearly 50,000 soldiers with beards for medical or other reasons (NYT article.) Captain Singh initially received a temporary accommodation in mid-December, allowing him to report to his new assignment in Fort Belvoir, Virginia, with beard and turban intact. The accommodation was extended until March 31, but the Army proposed putting Captain Singh through a battery of tests seemingly designed to exclude him from the Army. Captain Singh has already passed a gas mask safety test while wearing his beard and turban.

“Justice was done today,” said Eric Baxter, Senior Counsel at Becket, which represents Captain Singh. “Captain Singh has already passed through a trial by fire in Afghanistan. He did not need to return home only to face a trial by Army bureaucrats.”

Baxter added, “All Captain Singh wants to do is serve his country without violating his faith. The Court saw through the Army’s argument that Sikh Americans have to be put through special testing that doesn’t apply to the thousands of other soldiers serving with beards. Heightened rules for Captain Singh, with standard rules for everyone else is not equal justice under the law. The Army saw the writing on the wall and retreated from its outrageous position that it needed to subject Captain Singh to immediate testing.”

Observant Sikhs have served in the U.S. military—including in combat zones and in Special Forces—from at least World War I through the Vietnam War. The Army has granted nearly 50,000 permanent exemptions to its beard ban for medical reasons. And just this past summer, a D.C. federal court held that the Army violated federal law and its own regulations by barring a Sikh from applying to join the military because of his turban and beard.

“We believe the Court will end the Army’s discriminatory ban on observant Sikh’s in the military,” said Harsimran Kaur, Legal Director for the Sikh Coalition, which serves as co-counsel for Captain Singh. “Sikh Americans have proven time and again that they can serve with honor and excellence.”

“For years we have worked to avoid litigation under the guiding belief that the U.S. military would finally do the right thing,” said co-counsel Amandeep Sidhu, McDermott Will & Emery LLP. “As the Court recognized today, the U.S. Constitution and RFRA set a high standard for protecting religious rights.”

On February 29, Becket and the Sikh Coalition, along with co-counsel at McDermott Will & Emery, filed a complaint in the U.S. District Court for the District of Columbia, asking the court to permanently protect Captain Singh’s First Amendment right to keep his beard and turban while serving in the military. Getting the government to back down from the immediate threatened testing was a significant step in the right direction.

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.

###

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).

 

Sikh soldier sues Pentagon over grooming standards

February 29, 2016 – The Hill

“Capt. Singh is a decorated war hero. The Army should be trying to get more soldiers like him, not banning them from serving or punishing them for their beliefs. It’s time for the Pentagon to stop playing games and start doing the right thing – for Capt. Singh, for Sikh Americans and for all Americans.”

“Family Policy Matters” Radio

February 25, 2016, NC Family Policy Council 

This week, NC Family president John Rustin talks with Daniel Blomberg, JD, an attorney with The Beckett Fund for Religious Liberty, about Little Sisters of the Poor v. Burwell—an important religious freedom case before the U.S. Supreme Court—about why this case matters to every person of faith in America.

Atheists drop suit to block Christian prison ministry funding

February 24, 2016, New Boston Post

The New York-based group, the Center for Inquiry, declined to appeal a Florida county court ruling on Jan. 20 that let the state fund work by Lamb of God Ministries and Prisoners of Christ. The Christian groups have provided housing, food and job assistance to former prisoners to help reduce recidivism in the Sunshine State for more than two decades.

Final score for Big Mountain Jesus: A 61-year-old war memorial to remain on Montana ski slope

February 23, 2016, The Washington Times

Championed by the Knights of Columbus, the 61-year-old statue honors soldiers – many from the Army’s 10th Mountain Division – who fought the Nazis in the Italian Alps. The Becket Fund defended the memorial in a five-year battle against The Freedom From Religion Foundation, a Wisconsin-based secular group that demanded the statue be removed, claiming that its mere presence violated the First Amendment.

Atheists abandon decade-old crusade against successful halfway houses

WASHINGTON, D.C. – After spending a decade fighting two highly effective homes for ex-convicts in Florida, a New York-based atheist group was forced to surrender when a Court agreed with  Becket  that it  would be “discriminatory” to exclude these homes from state partnerships merely because they were religiously inspired.

With a success rate nearly triple the national average, Prisoners of Christ and Lamb of God ministries   give ex-convicts food, housing, job training, career counseling and more (view video) at a fraction of the cost of state programs. Recognizing the success of private programs, the state of Florida partners with these ministries and joined Becket in defending against the lawsuit by the New York-based group. The atheist group had neither an interest in providing alternative services nor clients that availed themselves of the services.

“Men leaving prison don’t have much hope for a stable job, food, or even a roof over their heads. But these religious groups have given them hope, and so much more,” said  Lori  Windham, Senior Legal Counsel of Becket who represents Prisoners of Christ and Lamb of God Ministries. “These ministries need to focus on helping men stay sober and turn their lives around, not defending against an unending, meritless lawsuit.”

At issue is a Florida law barring state aid to “sectarian” groups. Florida, like other states, enacted this law over a century ago in the midst of a national controversy over state funding for Catholic organizations. Today those laws, known as Blaine Amendments, are used against public-private partnerships with a variety of faith groups. The U.S. Supreme Court recently said it would review a similar law in Missouri.

“We’re glad the atheist group abandoned their ridiculous argument that religiously inspired people can’t work with the state to serve those in need,” said  Windham. “That staggering claim endangers religious hospitals and all kinds of social service programs.”

Lamb of God Ministries and Prisoners of Christ are represented by Becket and former Florida Supreme Court Justice Major Harding and Dylan Rivers, of Ausley McMullen. The state of Florida also defended the programs.

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.

###

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, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more).

Big Mountain  Jesus  prevails on Montana slopes

WASHINGTON, D.C.– A beloved World War II memorial, dubbed Big Mountain Jesus by locals, will remain standing on a popular Montana ski slope. The 60-year-old statue honors soldiers who fought against the Nazis in the Alps of Italy. Becket defended the memorial in a five-year battle against The Freedom From Religion Foundation (FFRF), a Wisconsin-based militant atheist group, that demanded the statue’s removal, claiming that its mere presence violated the First Amendment. After a lower court protected the memorial, the deadline for asking the nation’s top court to remove it passed on Thursday with nary a peep from FFRF. The statue now stands as a reminder that government cannot rewrite history or censor culture to strip the religious elements (see video).

“FFRF should slink away with its tail between its legs,” says  Eric Baxter, Senior Counsel at Becket, and lead attorney in this case.“The First Amendment prohibits religious coercion, not religious culture. Picking a fight with a sixty-year-old war memorial makes FFRF look petty.”

Erected after World War II to honor soldiers who died fighting Hitler’s forces in the Alps of Italy, the statue is a replica of the many statues soldiers saw across Italy and stands on public land in the middle of a commercial ski resort, accessible only to individuals who pay to use the private lift. An August 2015 decision by the Ninth Circuit Court of Appeals ruled that, in this setting, no one could reasonably believe the six-foot statue of Jesus was a government effort to impose Christianity. Instead, as a “local landmark” and “important aspect of the mountain’s history” the statue enjoys a rightful place on the mountain.

When the Big Mountain resort hosted the U.S. Ski Championships in 1949, many of the top competitors were World War II veterans from the Army’s 10th Mountain Division. They teamed up with the local Knights of Columbus to commission the statue in memory of their comrades who never came home. The Forest Service permitted the statue and for 60 years, the statute stood undisturbed until FFRF in Wisconsin decided that something was amiss in Montana. After six months trying to find a local resident who would complain, FFRF filed suit claiming the statue violated the First Amendment.

Of course militant atheists have rights, but not the right to dictate history and culture for everyone else,” says  Baxter. “Religion is part of the human condition. It’s no surprise—and certainly no violation of the Constitution—that it sometimes manifests in public life.”

Becket congratulates the Knights of Columbus for standing up against efforts to push religion out of public life.

For more information or to arrange an interview with an attorney contact Melinda Skea,director of communications, 202-349-7224,  media@becketlaw.org.

 ###

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, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more).

Divided court rules against nun’s network on HHS mandate

WASHINGTON, D.C. – Moments ago, in a splintered decision, a federal court ruled that the world’s largest religious media network, Eternal Word Television Network (EWTN), must comply with the government’s infamous HHS Mandate even though the government can offer these same services through its own exchanges. This mandate forces religious ministries like EWTN to violate their faith or pay massive IRS penalties. Recognizing the severity of the situation, the court immediately put its ruling on hold until the Supreme Court address this important issue on March 23 in the Little Sisters of the Poor case.

“We are disappointed in the Court’s refusal to protect our religious freedom,” said EWTN Chairman and CEO Michael P. Warsaw. “We simply want to continue to practice the same faith we preach to the world every day. We are prayerful and hopeful that, if necessary, the Supreme Court will correct this critical error.”

In the majority opinion, the Court stated “We accept the plaintiffs’ sincere belief . . . that the accommodation puts them to a choice between honoring their religious beliefs and facing significant penalties. We nonetheless conclude that the accommodation imposes no substantial burden.”  In a blistering dissent, Judge Tjoflat responded: “the majority runs roughshod over the sincerely held religious objections of Eternal Word Television Network,” and concluded that “At bottom, the majority’s reasoning takes aim at the heart of RFRA itself.”

“This is wrong. Rather than provide these drugs and devices through its own exchanges, our government wants to punish EWTN for practicing its faith.” said Lori Windham, Senior Counsel of Becket and lead attorney on the case. “This 2-1 decision is not the end. The government’s unconstitutional mandate has lost repeatedly at the Supreme Court, and we believe it will lose again.”

Over three decades ago, Mother Angelica, a cloistered nun, started the small television network in a garage on monastery grounds. That network’s sole purpose was and remains sharing Catholic faith and traditions with the world. Today, EWTN is now the largest religious media organization in the world, reaching into over 250 million homes in 144 different countries.

In October 0f 2013, EWTN and the Alabama Attorney General Luther Strange joined with Becket to challenge the unconstitutional HHS Mandate. The 11th Circuit granted EWTN emergency relief in June of 2014 to protect the nun’s network from having to either violate its faith or pay millions of HHS-mandated IRS fines. Today, a different panel of judges rendered a split decision, voting 2-1 against EWTN.

Becket  continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby.  It  currently represents  the  Little Sisters of the Poor, Reaching Souls International, and Houston Baptist and East Texas Baptist University,  along with  many other  religious ministries.

In addition to Becket, EWTN is also represented by Kyle Duncan of Duncan 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.

###

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. 

High Court Protects Oklahoma Kids with Disabilities

WASHINGTON, D.C. – Oklahoma children have finally defeated school bureaucrats seeking to block their state disability aid. After three lawsuits spanning five years, the state Supreme Court yesterday sided with the students represented by Becket, upholding Oklahoma’s Lindsey Nicole Henry Scholarship Program for Children with Disabilities and confirming that religious individuals and organizations can access state aid like anyone else without violating Oklahoma’s constitution.

The victory ends a sordid history of bureaucratic scheming to exclude disabled students from state benefits. After the scholarships took effect in 2010, officials at Broken Arrow, Jenks, Tulsa, and Union Public Schools refused to issue the aid because some recipients wanted to attend religiously-affiliated schools. After Becket sued to defend the students’ constitutional rights, the districts evaded the lawsuit only because the law was amended so funds came directly from the state. But in an astonishing move, Jenks and Union then sued the families for accepting their children’s scholarships. Becket again defended the students, with the state high court ultimately chastising the districts for suing. Undeterred, school allies sued the state directly, claiming the scholarships violated Oklahoma’s constitution. Yesterday’s ruling finally ends the shenanigans.

“The school bureaucrats were shameless in their fight for money,” says Eric Baxter, Senior Counsel at Becket, and lead attorney in this case. “They should be humiliated for using religious bigotry to bully students with disabilities.”

The districts’ lawsuit relied on Oklahoma’s Blaine amendment, a provision found in many state constitutions that bars aid to “sectarian” institutions. The U.S. Supreme Court has recognized that these provisions arose from anti-religious bigotry, and it recently agreed to hear a case addressing their discriminatory impact. The Oklahoma Supreme Court avoided federal review by recognizing that government benefits administered without regard to religion do not violate the constitution.

“Discrimination against disabled children is always despicable,” says Baxter. “But using their religion against them in court took bullying to an unprecedented level. Thank goodness the court finally schooled the districts on students’ basic rights.”

Becket congratulates the students and their families for standing up for their constitutional rights. Oklahoma Attorney Andy Lester of the law firm Spencer Fane served as co-counsel with Becket in defending the scholarship program.

For more information or to arrange an interview with an attorney contact Melinda Skea, director of communications, at 202–349–7224 or media@becketlaw.org.

###

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).

My view: Obama’s speech at mosque and religious freedom

February 16, 2016, Deseret News

As we continue to think about how best to handle our religious differences, we do well to remember an important lesson about religious freedom. It is a lesson that the Becket Fund for Religious Liberty’s founder Seamus Hasson has taught: “If anyone in America doesn’t have religious liberty, no one in America has religious liberty. … There is no point in sitting around hoping the bear eats you last.”

Heffernan v. City of Paterson – Post-Argument SCOTUScast

February 10, 2016, The Federalist Society

The question before the Supreme Court is whether the First Amendment bars the government from demoting a public employee based on a supervisor’s perception that the employee supports a political candidate.

To discuss the case, we have Adele Keim, who is counsel at The Becket Fund for Religious Liberty.

Becket’s Hannah Smith to Receive 2016 Women-in-Law Leadership Award

WASHINGTON, D.C. – This Friday, Becket’s Senior Counsel Hannah Smith will receive the 2016 J. Reuben Clark Law Society Women-in-Law Leadership Award. The annual award recognizes Smith for her national leadership in defending religious liberty and advancing the contributions of Mormon women to the law. Smith will receive the award at the J. Reuben Clark Law Society’s annual conference, this year held at the University of San Diego.

A life-long member of the Church of Jesus Christ of Latter-day Saints, Smith has championed religious freedom for two decades and on two continents – in courts, at universities, on national media, with government officials, and within her own faith community. Following two clerkships at the Supreme Court, first with Justice Clarence Thomas and then Justice Samuel A. Alito, Jr., and law firm litigation practice, she was on the Becket legal team that won three landmark victories at the Court – Hosanna-Tabor Lutheran Church & School v. EEOC, Burwell v. Hobby Lobby, and Holt v. Hobbs.

During her career, Smith has served the Law Society, an international association of Mormon lawyers, in different capacities on its international board. Starting in 2007, Smith was a founding member of the Women-in-Law Committee. Since 2010, she has been a founding member of the Religious Freedom Committee.

Smith is featured in videos produced by the LDS Church and the Law Society about religious freedom. She explained current concerns with the legal landscape in “Preserving Religious Freedom,” a video launched in 2013 as part the Mormon Newsroom’s resources on freedom of religion. Smith also appeared in the Law Society’s video “Religious Freedom – Making a Difference.” Smith has spoken at over a dozen Law Society conferences around the country in the last decade at Harvard, Stanford, Georgetown, SMU, and Pepperdine, and in Washington DC, Dallas, Detroit, San Diego, San Francisco, and Orange County, California.

The Law Society’s mission statement embraces the influence of religious conviction on the practice of law: “We affirm the strength brought to the law by a lawyer’s personal religious conviction. We strive through public service and professional excellence to promote fairness and virtue founded upon the rule of law.”

For more information or to arrange an interview with an attorney contact Melinda Skea, director of communications, at 202-349-7224 or at media@becketlaw.org.

###

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).

Abortion pill opponents: Jews, Muslims, Christians…

February 8, 2016, WND

“What do 207 members of Congress, 50 Catholic theologians, 13 law professors, nine professional associations and two prominent women’s organizations have in common with the Union of Orthodox Jewish Congregations of America, the American Islamic Congress, the General Conference of Seventh-Day Adventists and the International Society of Krishna Consciousness?”

Leading medical groups urge Supreme Court to protect pharmacists’ right of conscience

WASHINGTON, D.C.– A diverse coalition of medical organizations, states, Members of Congress, scholars, and religious organizations urged the Supreme Court to hear a case involving two female pharmacists and a family-owned pharmacy, who face the loss of their livelihood unless they sell abortion-inducing drugs in violation of their religious beliefs (view full list). The pharmacists in Stormans v. Wiesman are challenging a controversial regulation in Washington State that has been condemned by the American Pharmacists Association as “a radical departure from past regulation of the pharmacy industry.”

“[The] ‘right of conscience’ has always been integral to the ethical practice of pharmacy,” said the brief of the American Pharmacists Association and 37 other national and state pharmacy associations. “No other regulation in the country so clearly targets pharmacists who conscientiously object to stocking or delivering certain drugs.”

Margo Thelen, Rhonda Mesler, and the Stormans family have worked in the pharmacy profession for over seventy years. When a customer requests an abortion-inducing drug, they refer the customer to one of over thirty pharmacies within five miles that willingly sell the drugs. For decades, this has been standard pharmacy practice, has been approved by the American Pharmacists Association, and has been legal in all 50 states.

But in 2007, Washington adopted a new law making referrals for reasons of conscience illegal. The law was passed in a cloud of controversy, with then-Governor Christine Gregoire threatening to terminate the State Pharmacy Commission and replacing Commission members with individuals recommended by abortion-rights activists. The law leaves pharmacies free to refer patients elsewhere for a wide variety of reasons related to business, economics, and convenience—but not for reasons of conscience. Because of the law, Margo Thelen lost her job, Rhonda Mesler was threatened with losing hers, and the Stormans family faces the loss of its pharmacy license.

“It is absurd to force a pharmacy to sell drugs against their conscience when there are over thirty pharmacies within five miles that already sell the exact same drugs,” said  Luke Goodrich, Deputy General Counsel of Becket, which represents the pharmacists.

“The regulation was a solution in search of a problem,” said the brief of Democrats for Life and seven other organizations. “Washington’s regulations depart radically from widely established norms within the health-care industry,” said a brief of over 4,600 individual health care professionals.

The Supreme Court will likely consider whether to take the appeal this spring. If the Court agrees to hear the case, it would be argued later in the 2016 term. The plaintiffs are represented by Becket, together with Alliance Defending Freedom, the law firm of Ellis, Li, & McKinstry, and former Tenth Circuit Judge Michael McConnell.

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.

 ###

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. Its recent cases include three major Supreme Court victories: Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century,” the landmark ruling in Burwell v.  Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs.

 

 

Judge tosses suit over saying ‘under God’ in Pledge of Allegiance

Philadelphia Inquirer, February 7, 2015

The Becket Fund for Religious Liberty represented the Jones family and the Knights of Columbus in the case and was also involved in the Massachusetts case. The American Legion was also a party to the New Jersey lawsuit.

Eric Rassbach, deputy general counsel for the Becket Fund, called Bauman’s decision “a win for the Pledge of Allegiance and another loss for these plaintiffs.” He said the pledge suits “invite social division.”

Thanks to ‘NUN of It’ Court Case Supporters

February 3, 2016, The Tablet

With only a few weeks to go before our day in court, what is left to do in order to ensure the success of our case? Our foundress, Saint Jeanne Jugan, often said, “Pray, you have need of grace … If God is with us, it will be accomplished.” And so we Little Sisters turn to prayer, and ask you to join us in praying for a just resolution to our case, so that we may continue to minister to needy elderly persons across this great nation for many years to come. Please join us in saying “I’ll have NUN of it” with regard to the current threat to our religious liberty!

American Muslim Women Explain Why They Do — Or Don’t — Cover

February 2, 2016, NPR

“I was tired of being a political spokesperson for my faith,” she says. “I felt that I should be able to put that away, and wearing a headscarf in public doesn’t give you that luxury. I was tired of trying to prove that Muslim women in headscarves are also empowered, [by saying] ‘Look at me. I’m working in a white-shoe law firm with a headscarf on.’ Uddin is a now a staff attorney for the Becket Fund for Religious Liberty.

Video Gaming the Supreme Court Justices

The National Law Journal, February 1, 2016

One week after actress Elizabeth Banks told one woman’s abortion story on YouTube, the video garnered nearly 300,000 views. When Little Sisters of the Poor went on YouTube under the title “Government forces Little Sisters of the Poor to violate faith or pay IRS fines,” the video captured almost 74,000 views. In the contest for the hearts and minds of Americans—and, indirectly, of U.S. Supreme Court justices—videos increasingly have become public tools in high-stakes cases.

Atheists Tried to Stop These Christian From Helping Ex-Convicts. What a Judge Then Ruled.

January 29, 2016, The Daily Signal 

The New York-based atheist group, the Center for Inquiry, has spent years trying to stop these ministries from receiving government funding. In a lawsuit originally filed in 2007, the Center for Inquiry argued that because of their religious affiliation, state funding of the ministries violated Florida’s “Blaine Amendment,” a state constitutional provision banning direct and indirect funding of “sectarian” organizations.

Little Sisters’ Day in Court: March 23rd

WASHINGTON, D.C. – Moments ago the Supreme Court announced it will hear  oral arguments for the Little Sisters of the Poor in the consolidated cases of Zubik v. Burwell  on March 23rd. The High Court, will decide whether the Little Sisters of the Poor, an order of Catholic nuns who have dedicated their lives to caring for the elderly poor, and other faith-based ministries can be forced to change their healthcare plans to offer drugs that violate their religious beliefs when those same drugs could be made available through healthcare exchanges.

After promising that the Little Sisters’ religious beliefs would be protected, the government created a new regulation requiring the Little Sisters change their healthcare plan to offer drugs that violate Catholic teaching.  One third of U.S. workers are employed by secular companies (e.g., Exxon and Visa) that the government has exempted from having to provide these same drugs in their plans because those employers did not try to update their health plans under ACA and are “grandfathered.”

The Little Sisters of the Poor are represented by Becket. The case will be argued by leading Supreme Court advocate Paul Clement.

What:

Oral Arguments for the Little Sisters of the Poor in Zubik v. Burwell

Who:

Paul Clement, Bancroft PLLC
Senior Counsel Mark Rienzi, Becket
Noel J. Francisco, Jones Day

When:

March 23, 2016

Where:

U.S. Supreme Court, 1 First St NE, Washington, DC 20543

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.

###

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

Discriminatory Blaine Amendment Used Against Education Savings Accounts in Nevada

January 28, 2016, Cardinal Newman Society

“Article 11, Section 2 suffers from the same anti-Catholic taint that plagues the Blaine Amendment,” argued the Becket Fund for Religious Liberty in an amicus brief. The brief noted: “First, it was passed during a time of sweeping anti-Catholic sentiment and with an intent to remove Catholic influence on public schools, and second, it prohibits ‘sectarian’ influences on schools while leaving unharmed ‘generic’ religious practices in public schools.”

Atheists Sued to Stop Drug Rehab Program That Uses ‘Biblical Principles.’ Here’s How a Florida Court Just Reacted.

January 22, 2016, The Blaze 

Prisoners of Christ and Lamb of God ministries have helped to provide food, housing, employment services and other basic needs to inmates after their release from prison, with the Becket Fund arguing that the Christian groups help save taxpayer dollars by only asking the state to cover a fraction of these costs. The organizations also offer optional religious services and 12-step programs that are free for Florida to use.

A War of Choice

January 15, 2016, The Weekly Standard 

The Little Sisters of the Poor are headed to the Supreme Court this year, seeking escape from the contraception mandates of Obamacare — under which they fall, the government claims, as insurance providers for the employees in their nursing homes. The Justice Department is fighting the Little Sisters tooth and nail, determined not to allow them to evade the law’s requirements, because .  .  . because .  .  .

Media Advisory: Supreme Court to decide whether New Jersey police officer has right to pick-up campaign sign

WASHINGTON, D.C. – The U.S Supreme Court will hear oral arguments this Tuesday, January 19, 2016, in Heffernan v. City of Paterson, a case involving Jeffrey Heffernan, a New Jersey police officer. Officer Heffernan was demoted for picking up a political campaign sign for his bedridden mother. An assistant to Paterson’s mayor saw Officer Heffernan with the sign —which was for the mayor’s political opponent— leading to Officer Heffernan’s demotion.

The City freely admits it demoted Officer Paterson for picking up the sign. However it says that because City officials wrongly thought the sign was for Officer Heffernan rather than his mother, no First Amendment rights are involved. Surprisingly, the Third Circuit Court of Appeals accepted this ignorant defense, leading the Supreme Court to take up the case.

Becket filed a friend of the court brief supporting Heffernan, urging the Court to restore and uphold important First Amendment assembly and speech freedoms.

What:

Oral arguments in Heffernan v. City of Paterson, New Jersey

Who:

Adèle Keim and Stephanie Barclay
Counsel for Becket

When:

January 19, 2016, 11.15 a.m. EST (after oral argument concludes)

Where:

U.S. Supreme Court, 1 First St NE, Washington, DC 20543

Becket attorneys will be available for comment immediately following the argument.

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.

 ###

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.

Little Sisters of the Poor Appeal to Supreme Court for Protection Against Feds

January 11, 2016, Aleteia 

The Becket Fund explains that the “accommodation” the government has offered religious objectors actually entangles the entities in the objectionable practices. Signing off on the paperwork the government requires for an objector to get an “exemption” gives the government the power to use its own insurance plan to provide the contraceptives and other services.

Leaders of many faiths ask Supreme Court to protect the Little Sisters of the Poor

WASHINGTON, D.C. — A diverse coalition of religious leaders representing Jewish, Muslim, Hindu, Native American, Catholic, Protestant, and other faiths will be joined by over 200 Democratic and Republican Members of Congress in filing friend-of-the-court briefs at the United States Supreme Court today on behalf of the Little Sisters of the Poor (view full list).  The briefs are being filed in Zubik v. Burwell, in which the High Court will decide whether the Little Sisters of the Poor and other ministries can be forced to change their healthcare plans to offer drugs that violate their religious beliefs when those same drugs could be made available through the healthcare exchanges.

“It’s easy to support religious freedom for the majority,” said  Dr. Ossama Bahloul, Imam of The Islamic Center of Murfreesboro.  “But the test of America’s commitment to religious diversity and freedom comes when we show we’ll defend minorities and those with whom we do not fully agree.”

“We have great admiration for the Little Sisters who are standing up not just for themselves and the elderly poor they serve but for the rights of all people of faith, including Jews,” said Rabbi Mitchell Rocklin. “Their courage is an example to all of us.” Rabbi Rocklin is a member of the Executive Committee of the Rabbinical Council of America.

“We stand with the Little Sisters because America’s proudest moments have come when the many have joined to defend the rights of the few, and we know too well the real cost when our government ignores its promises and puts expediency above principle,” said  Pastor Robert Soto of the Lipan Apache Tribe in Texas.

“We are overjoyed and deeply grateful for the diverse outpouring of support we have received from such a variety of people and groups,” said Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor. “We have been serving the elderly poor for over 175 years and are simply asking the government to allow us to continue our life’s work without being forced to choose between our faith and millions in government fines.”

For more information or to arrange an interview, 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.

###

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, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians

Little Sisters to Highest Court: Protect Our Ministry

WASHINGTON, D.C. –Moments ago,  the Little Sisters of the Poor,  a  group o f Catholic  nuns who care for the elderly poor, urged the Supreme Court to protect them from $70 million dollars in government fines for refusing to violate their Catholic faith (watch video.) This is the second time the Sisters have been forced to ask the Supreme Court for protection from the government’s efforts to make them to provide contraceptives to their employees. The Supreme Court gave the Sisters preliminary protection in January 2014, and it will hear their case in March of this year.

“The Little Sisters spend their lives taking care of the neediest members of our society —that is work our government should applaud, not punish,” said  Mark Rienzi, Senior Counsel of Becket. “ The Little Sisters should not have to fight their own government to get an exemption it has already given  to thousands of other employers, including big companies like Exxon and Pepsi Cola Bottling Company.”

Today’s brief, which was filed by Becket along with former Solicitor General Paul Clement, chides the government for its “deceptive labels and diversionary tactics” designed to falsely suggest that the Little Sisters can “opt out” of the mandate. (See pp. 37-38 explaining how the mandate commandeers the health plans of religious objectors.)

The brief also explains why the government does not need the Little Sisters at all: because it already has many other ways to get contraceptive coverage to those who want it. “Indeed, the government has invested billions of dollars in creating exchanges for the express purpose of making it easy to obtain qualifying insurance when it is not available through an employer.  The government cannot explain why those exchanges suffice to advance its goal of getting contraceptive coverage to the tens of millions of [other] people . . .  yet are not good enough” for the employees of the Little Sisters.

“As Little Sisters of the Poor, we offer the neediest elderly of every race and religion a home where they are welcomed as Christ.  We perform this loving ministry because of our faith and cannot possibly choose between our care for the elderly poor and our faith, and we shouldn’t have to,”  said  Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor. “All we ask is that our rights not be taken away.  The government exempts large corporations, small businesses, and other religious ministries from what they are imposing on us – we just want to keep serving the elderly poor as we have always done for 175 years. We look forward to the Supreme Court hearing our case, and pray for God’s protection of our ministry.”

The brief was filed on behalf of several other entities facing the same mandate as the Little Sisters, including Becket clients Christian Brothers Employee Benefit Trust, Christian Brothers Services, Reaching Souls International, Truett-McConnell College, and GuideStone Financial Resources of the Southern Baptist Convention, Houston Baptist and East Texas Baptist Universities, along with Westminster Theological Seminary, South Nazarene University, and Geneva College. The religious objectors are also represented by Alliance Defending Freedom, Locke Lord LLP, Professor Kevin Walsh of the University of Richmond, Ken Wynne, and Bradley Tupi. 

“It is ridiculous for the federal government to claim, in this day and age, that it can’t figure out how to distribute contraceptives without involving nuns and their health plans.” said  Senior  Counsel  Mark Rienzi.

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the  Little Sisters of the Poor, Mother Angelica’s  Eternal Word Television Network,  Houston Baptist and East Texas Baptist Universities, along with  many other religious ministries.

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.

###

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, includingBuddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and  Zoroastrians. Its  recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

 

Pharmacists to Supreme Court: Protect our religious conscience

WASHINGTON, D.C. – A family-owned pharmacy and two female pharmacists asked the U.S. Supreme Court today to stop a new Washington State law that would force them to sell abortion-inducing drugs in violation of their religious beliefs. The Washington law is the only one of its kind in the country and has been condemned by the American Pharmacists Association as “radical” and “grossly out of step with state regulatory practice.”

“No one should be forced out of her profession solely because of her religious beliefs,” said Luke Goodrich, Deputy General Counsel of Becket. “We are optimistic that the Supreme Court will step in and strike down this blatant discrimination against people of faith.”

Margo Thelen, Rhonda Mesler, and the Stormans family have worked in the pharmacy profession for over seventy years. When a customer requests an abortion-inducing drug, they refer the customer to one of over thirty pharmacies within five miles that willingly sell the drugs. For decades, this has been standard pharmacy practice, has been approved by the American Pharmacists Association, and has been legal in all 50 states.

But in 2007, Washington adopted a new law making referrals for reasons of conscience illegal. The law was passed in a cloud of controversy, with then-Governor Christine Gregoire threatening to terminate the State Pharmacy Commission and replacing Commission members with new ones recommended by abortion-rights activists. The law leaves pharmacies free to refer patients elsewhere for a wide variety of reasons related to business, economics, and convenience—but not for reasons of conscience. Because of the law, Margo Thelen lost her job, Rhonda Mesler was threatened with losing hers, and the Stormans family faces the loss of its pharmacy license.

After a twelve-day trial, a federal court in February 2012 struck down the law as unconstitutional, finding “abundant evidence” that the law was designed to force religious pharmacists and pharmacy owners to violate their faith. But last July the Ninth Circuit Court of Appeals reversed the decision, upholding the law.

“It is absurd to force a pharmacy to sell drugs against their conscience when there are over thirty pharmacies within five miles that already sell the exact same drugs,” said Goodrich. “This law does nothing but punish people of faith.”

The Supreme Court will likely consider whether to take the appeal in March 2016. If the Court agrees to hear the case, it would be argued in late 2016. The plaintiffs are represented by  Becket, together with Alliance Defending Freedom, the law firm of Ellis, Li, & McKinstry, and former Tenth Circuit Judge Michael McConnell.

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. 

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.” 

 

Faith groups unite to protect military’s robust religious diversity

WASHINGTON, D.C. Protestant, Jewish, Muslim, Sikh, Mormon, and Catholic leaders with strong military ties joined today in urging the military to give greater respect to the diverse religious practices of service members throughout the armed forces. The brief, filed in the nation’s highest military court, criticizes a Navy ruling that allows commanders to censor religious activity on the grounds that religion is too “divisive” and “contentious” a topic for our nation’s Marines.

“Even before the Continental Army, the military has always set the tone for the nation by protecting religious diversity,” said Daniel Blomberg, Counsel at Becket. “Strength comes from mutual respect for religious differences, not enforced silence.”

The lawsuit involves a Marine who was ordered by her commander to remove from her desk three small strips of paper with scripture verses printed on them. Last February, the U.S. Navy-Marine Corps Court of Criminal Appeals upheld the conviction of Lance Corporal Monifa Sterling for refusing to remove them, even though co-workers were permitted to keep nonreligious personal items on their desks, such as career accolades and pictures of family.

The lower court held that posting personal religious messages was not protected under the Religious Freedom Restoration Act (RFRA). Further, the court justified allowing commanders to suppress religious speech, claiming that Marines would suffer “detrimental effect” from being “exposed to biblical quotations in the military workplace.” The religious leaders’ brief filed in support of Sterling’s appeal to the U.S. Court of Appeals for the Armed Forces explains how all major religions teach the importance of regularly pondering scriptural messages. The brief also shows how religious diversity promotes the military’s mission.

“Throughout history, religion has been an essential source of both courage and comfort for those called to defend our freedoms,” said Blomberg. “The least we can do is respect their personal religious beliefs and practices.”

The brief’s signatories include high-ranking veterans who have served in every branch of the military and in every major U.S. conflict since Vietnam.  Among them are the nation’s largest organization of Orthodox rabbis; the co-founder of the first ministry to send Muslim chaplains into the U.S. military; the first Sikh service member in a generation to obtain an accommodation to maintain his religiously mandated turban and beard on active duty; ministries led by, among others, a recently retired U.S. Army Chief of Chaplains and several senior veteran chaplains from the Army, Air Force, and Marines; and entities that have been officially endorsing chaplains for service in the U.S. military since at least the Civil War, including the military’s largest single chaplain endorser.

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. 

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.” 

 

Veteran’s hospital bans holiday cheer *facepalm*

WASHINGTON, DC Heroic veterans and their families are apparently too sensitive to hear the words “Merry Christmas,” at least according to the bureaucrats at a Veterans Administration hospital in Salem, Virginia. The government hospital banned Christmas greetings, “religious” carols, and Christmas trees from all public areas. For that, the hospital leaders earn this year’s Ebenezer Award — Becket’s lowest (dis)honor, awarded for the most ridiculous affront to the Christmas and Hanukah season. (The hospital beat out a number of other strong contenders.)

“Our veterans stare down the most hostile threats to freedom the world has ever known. But I’m pretty sure the words ‘Merry Christmas’ is not one of them,” said Kristina Arriaga, Executive Director of Becket. “Hospital leaders should have a Christmas cookie and lighten up; a little Christmas cheer never hurt anyone.”

After resistance from hospital employees, the management of the Veterans Administration Medical Center caved on the Christmas tree ban — saying that trees are allowed as long they are accompanied by a Menorah for Hanukkah and a Mkeka for Kwanzaa. Good for them. But hospital employees are still banned from wishing veterans a “Merry Christmas” or playing “religious” Christmas music—even in their own personal work space. Other VA hospitals in the past have reportedly banned wrapping paper that said “Merry Christmas,” rejected “Christmas” cards from local schoolchildren, and ordered carolers to sing only government-approved secular songs.

“I like ‘Jingle Bells’ as much as the next person, but the government can’t ban ‘religious’ Christmas carols any more than it can ban ugly sweaters or eggnog,” said Arriaga

On that note, we salute with an eggnog toast the employees of the VA Medical Center that resisted the Christmas tree ban. We wish them and our veterans around the country a very Merry Christmas, a Happy Hanukah, and a Happy New Year! In the words of Tiny Tim: “God bless us, every one!”

For more information or to arrange an interview with a Becket  attorney, please contact Melinda  Skea  at  mskea@becketlaw.org  or 202.349.7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

###

The Becket Fund for Religious Liberty 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.  Its  recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

” Do you hear what I hear? Atheists try to silence faith-based halfway house”

December 16, 2015, New Boston Post 

POC changes lives. Like that of the man who spent nearly three decades years behind bars for murder and, upon release, couldn’t drive a car (no license) and was afraid to cross the street (vehicular traffic being fairly rare within prison walls). After POC’s help, he landed a job that took him from flipping burgers at one McDonald’s to a senior position managing maintenance at seven McD’s. Today, he can’t thank POC enough.

Top 7 Scroogiest Scrooges of the Holiday Season

Ebenezer Blog BannerWho deserves a lump of coal this holiday season? Each year Becket names the most absurd affronts to Christmas and Hanukkah, listing the most outrageous offenders of holiday cheer until we reach the top bah-humbugging, grinchiest transgressor. Not only do they deserve a lump of coal, they are crowned with the great (dis)honorable Ebenezer Award.

7. Portland Public School choirs gagged from singing in a venue deemed “too religious.”

Christmas and choirs go together like Han Solo and Chewbacca. But this year, the choirs from Jackson Middle School and Wilson and Lincoln High Schools in Portland, Oregon, had a change of plans. They’ve been banned from singing at the annual “Festival of Lights” concert, held at the Grotto Catholic shrine, because their oh-so-close neighbor, Wisconsin-based Freedom from Religion Foundation, raised a stink. FFRF, A.K.A. Krampus, said the venue is too Catholic-y for their taste. No Grotto, no Christmas celebrations, and certainly no religion! The schools were instead forced to move to a “non-religious” venue—ironically named “The Old Church”—in downtown Portland. The title of this year’s program? “Let us Sing!” Troll level: Expert

6. Court bans Indiana high school from performing Nativity scene in school pageant.

A federal judge banned the 45-year-old tradition of having a nativity scene in Concord High School’s Christmas Spectacular after the ACLU and FFRF complained.

But it gets better.

Prior to the ruling, Concord High School added other symbols from both Hanukkah and Kwanza. But like the Grinch, who didn’t just suck the Christmas spirit from one house in Whoville, the judge said the Nativity scene received more time in the pageant than the other holidays so it had to go.

5. Soldiers Blocked from Helping Christmas Charity

Samaritan’s Purse is an international Christian ministry that helps impoverished children around the world. Every year their charity event, Operation Christmas Child, send toys, soap, socks, and school supplies in shoeboxes to disadvantages kids overseas. A military member at Dover Air Force Base in Delaware asked his fellow soldiers to help Samaritan Purse. Well, the Military Religious Freedom Foundation had some choice words for the charity’s request, calling it a “manifestly dangerous tool.” Yes, a charity program for needy children is a daaaangerous tool! Even better, it’s a “radioactive wrecking-ball of surpassing hazard” (Come again?)

The Airman retracted his request to help support Operation Christmas Child after mounting pressure by the MRFF. Grinch wrecking ball:

4. New Mexico town gets letter demanding the removal of historical nativity sculpture

A nativity scene in Belen, New Mexico has been a long standing fixture in the small town but the anti-religion group, Freedom from Religion Foundation, 1,300 miles away was offended by the display and demanded its removal.

Belen, by the way is Spanish for BETHLEHEM, the birthplace of Jesus. The FFRF is not only trying to remove Christmas from the holiday season, but ignore the deep religious heritage of the town. But take heart! A number of pastors in the area organized a Christmas event in the parking lot of City Hall where not only did they have a nativity scene but a few dozen barnyard animals, a camel and a zebra. We call that #winning.

The overarching message from the town of Belen to the grinchy FFRF:

3. School district tells veteran to leave out the word “Christmas” in “Christmas tree lighting”

A persnickety individual at the local school district in Marlborough, New Hampshire, told John Fletcher, the commander of the American Legion, to remove the word “Christmas” from flyers advertising the town’s annual Christmas tree lighting event.

However, while no mention of Christmas could be made, the school district said Fletcher and his wife could still dress up as Mr. and Mrs. Santa Claus to give out gifts to children attending the event. It looks and smells like a Christmas event, to us. A half-hearted eggnog toast for not taking gifts away from children.

2. University publishes its 10-point ban on Christmas

The Office of Scroogeness posted 10 “best practices” in scrubbing Christmas out of ugly sweater parties and the “Secret Santa” gift exchange across the University of Tennessee’s campus this Christmas season.

They warned, don’t try any speak easy-type parties either. Christmas parties in “disguise” are absolutely off-limits.

 

1. And the 2015 Ebenezer Award goes to…..

The Department of Veteran Affairs For banning employees at its Salem, Virginia facility from saying “Merry Christmas” to veterans

Senior staff at the Salem VA Medical Center could have had an eggnog toast. Instead they receive our lump of coal.

First they tried to ban Christmas trees from the facility, but, after employee resistance, they backed down. Instead, they have banned employees from wishing Veterans and visitors a “Merry Christmas” and singing Christmas carols in public spaces.

Three cheers for taking the Christmas spirit from those who have fought for our freedoms – including {cough} religious freedom.

The Medical Center’s employees’ private religious expression can only be given in a whisper in “personal work areas” and all music played must be “be non-religious.” Tran Siberian orchestra on repeat?

Employees have been threatened with penalties if they do not comply with the senior staff’s demands.

Home Alone gif

Army ends forced shaves for Sikh soldier

WASHINGTON, D.C. – Captain Simratpal Singh won a temporary religious accommodation today, allowing him to maintain a beard and wear a turban according to his Sikh faith while serving in the Army. The accommodation comes in the nick of time, as Capt. Singh reports to his new post in Fort Belvoir, Virginia later today. This is only the fourth time the military has granted such an accommodation since it imposed a ban in the early 1980s. The Religious Freedom Restoration Act (RFRA) created the legal path for Captain Singh’s personal accommodation. But the Army’s general beard ban continues to keep other patriotic Sikhs out of the military.

“My Sikh faith and military service are two core parts of who I am,” said Captain Singh. “I am proud to serve my country as an Officer and I look forward to being able to continue serving without having to give up my religious beliefs.”

Maintaining uncut hair and wearing a turban are core tenets of the Sikh faith, signifying the inherent dignity and equality of every individual. Although the Army has granted nearly 50,000 permanent exemptions to its beard ban for medical reasons, it still refuses—except in rare cases—to admit soldiers who wear beards for religious reasons.

“Anyone who observed our unshaven special forces in Afghanistan knows a beard won’t stop an American soldier,” said Eric Baxter, Senior Counsel at Becket, which represents Captain Singh. “Now the Pentagon just needs to make Captain Singh’s exemption permanent. In fact, it should explain why it is using the beard ban to discriminate against any Sikh American.”

Captain Singh graduated West Point with honors and then served in Afghanistan, where he was awarded the Bronze Star for his work clearing IEDs. In addition to later earning his Master’s degree through the Army, Captain Singh completed both Ranger School and Special Forces Assessment and Selection Course — a rare accomplishment.

While Captain Singh can now report for duty maintaining his articles of faith, this accommodation is only temporary. Questions remain whether he will be issued a permanent accommodation or if the military will finally exempt all religious beards from its general ban, as it should.

“It is once again clear to military leadership that nothing about the Sikh articles of faith actually prevents excellence in military service,” said Harsimran Kaur, Legal Director for the Sikh Coalition, which serves as co-counsel for Captain Singh. “Captain Singh is another example that  illustrates how unnecessary the religious discrimination ban on Sikhs is.”

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.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

 

Sikh Soldier Allowed to Keep Beard in Rare Army Exception

December 14, 2015, The New York Times

It is the first time in decades that the military has granted a religious accommodation for a beard to an active-duty combat soldier — a move that observers say could open the door for Muslims and other troops seeking to display their faith. But it is only temporary, lasting for a month while the Army decides whether to give permanent status to Captain Singh’s exception.

Group challenges ruling on N.M. funding private textbooks

December 7th, 2015, The Durango Herald 

Eric Baxter, senior counsel for the Becket Fund, told The Farmington Daily Times that the court was wrong to put additional conditions on the federal Mineral Lands Leasing Act funding.

“I think the Supreme Court erred in concluding that these were funds from state land and that it should recognize they are federal dollars that are being used in accordance with federal mandate,” Baxter said. “Any efforts to cut off certain categories of people from using those funds would be a violation of the federal constitution.”

Obama administration, religious freedom group, national union file briefs supporting Heffernan’s case

December 1, 2015, The Paterson Times 

“The Becket Fund is concerned that – if the Third Circuit’s decision is allowed to stand – the ability of religious people to engage in religious activity in concert with one another will be wrongly limited. It therefore advocates that the Court re-root the jurisprudence of collective rights in the text and history of the First Amendment,” reads the law firm’s amicus curiae, friend of the court, brief in support of Heffernan.

Christian Club Reinstated at California State University After Leadership Religious Test Dispute

Chi Alpha fought back, eventually enlisting the legal aid of the Washington, DC-based group the Becket Fund for Religious Liberty.

In an official statement released Monday, Chi Alpha considered the reinstatement to be bittersweet given the nature of the compromise.

“Unfortunately, CSU continues to ban religious leadership requirements and to treat religious student groups with less respect than fraternities and sororities,” read the statement in part.

“But because CSU has agreed that Chi Alpha’s students may exercise their own judgment to choose leaders that share their beliefs, we are now able to have access to campus with integrity.”

The Becket Fund directed CP to a press release by the law group wherein legal counsel Adèle Auxier Keim called the CSU decision “a halfway solution.”

“Cal State has adopted a halfway solution that still gives fraternities more rights than campus religious groups. But they’ve acknowledged that students can vote for a candidate who shares their beliefs, and that’s a step in the right direction,” stated Keim.

Supreme Court to consider a small town case with huge repercussions on the First Amendment rights of all Americans

WASHINGTON, D.C. – The High Court will hear the case of a New Jersey police officer who was demoted for picking up a mayoral campaign sign for his bedridden mother. The case, which involves a bizarre story of small town politics, will affect fundamental First Amendment rights such as freedom of assembly. Becket asked the Court to protect the officer’s rights.

“The First Amendment guarantees the right of all Americans to freely assemble with others without fear of retaliation—even in New Jersey,” said Stephanie Barclay, Counsel of Becket. “A lower court’s stingy reading of Officer Heffernan’s rights could have a serious impact on the rights of all Americans.”

Police Officer Jeffrey Heffernan went to nearby Paterson to pick up a campaign sign supporting the mayor’s challenger after his bedridden mother asked him to help her get a sign. While doing this, he was spotted by the incumbent mayor’s security detail, which reported Officer Heffernan was supporting the incumbent’s challenger. The very next day the Paterson Police Department demoted Mr. Heffernan from detective to patrol officer. Mr. Heffernan sued the city, the mayor, and the police chief of the city of Paterson for violating his rights to free speech and freedom of association.

“In a strange twist, a lower court ruled that because Officer Heffernan’s boss acted on a misperception, he was not really retaliating,” added Barclay. “The government shouldn’t be able to discriminate against you just because it misunderstands your speech, any more than it should be allowed to discriminate against you because it guesses your religion incorrectly.”

Becket’s friend of the court brief relies on scholarship from Washington University School of Law, Professor John Inazu, who argues that freedom of assembly should be given the protection both the text and the history of the constitution require, rather than the crabbed and warped reading of the First Amendment a lower court took in this case.

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.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

Christian student group finally allowed back on Cal State campus

WASHINGTON, D.C. – After over a year of being kept off campus for its Christian beliefs, the student group Chi Alpha has finally been reinstated at the California State University Stanislaus campus. Chi Alpha, a Christian organization for college students, was kicked off campus at Stanislaus and ordered to change its policies at three other California State campuses after the California State University system adopted a new policy banning students in religious clubs from requiring their leaders to share their faith. As of Thursday, all four Chi Alpha chapters are back on campus.

“For religious students, groups like Chi Alpha are a place of refuge. It’s just common sense – and basic liberty – for religious groups to be led by students who share their faith,” said Adèle Auxier Keim, Legal Counsel of Becket.

Chi Alpha was founded in 1953 as a place where college students could gather to worship God, study scripture, and pray together. Its members give back to the community through programs like feedONE, which provides food for over 140,000 hungry children worldwide.

Chi Alpha has been serving Cal State Stanislaus for almost 40 years. Chi Alpha’s students have always asked their leaders to believe and live what Chi Alpha teaches. But in August 2014, the Chancellor of the Cal State University system banned policies like Chi Alpha’s. Under California State’s new policy, fraternities and sororities can require their leaders to be men or women, the environmental club can require its leaders to believe in climate change, but religious groups can’t require their leaders to believe what they teach.

In September 2014, Cal State Stanislaus administrators derecognized the Chi Alpha chapter and locked Chi Alpha’s students out of the meeting space they had reserved for their fall kickoff meeting. In 2015, after months of negotiations, the Cal State Chancellor’s Office agreed that while religious student groups couldn’t require all leadership candidates to share their faith, students were free to select leaders whose lives and beliefs reflected their group’s message. As of last Thursday all four Chi Alpha chapters – at Cal State Stanislaus, Cal State Sacramento, San Diego State, and Cal State Fresno—are back on campus as recognized student groups. Chi Alpha still has fewer rights than fraternities and faces an unfair burden on its ministry, but its students can once again take their place as a recognized part of campus.

“Cal State has adopted a halfway solution that still gives fraternities more rights than campus religious groups. But they’ve acknowledged that students can vote for a candidate who shares their beliefs, and that’s a step in the right direction,” said Keim.

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.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

Cuban poet who spent 22 years in Castro’s gulags for defending his beliefs receives Becket’s Canterbury Medal

WASHINGTON, D.C. – Armando Valladares, whose New York Times bestselling memoir of 22 years in Castro’s gulags has been translated to 18 languages, is the 2016 recipient of Becket’s highest honor, the Canterbury Medal (see video.)

Valladares, who has been hailed as “heroic” by Nobel laureate Holocaust survivor and fellow Medalist Elie Wiesel, was arrested and imprisoned at 23 years of age for refusing to put up a placard that said: “I am with Fidel.” He spent 22 years in prison for that simple act of dissent. Eight of those years he spent naked in solitary confinement in a windowless and mosquito-infested cell, where guards regularly doused him with buckets of human excrement.

He was tortured with relentless beatings and endured several hunger strikes, one of which left him wheelchair bound for years. Despite all this, he began to write poetry, which his wife smuggled out and published to critical acclaim. She led an international campaign for his release, and Amnesty International adopted him as a prisoner of conscience. He was released in 1982 thanks to the intercession of French President Francois Mitterrand.

Valladares, who devoted his life to the defense of human rights, going on to serve as a human rights ambassador to the United Nations, recently wrote: “America, perhaps more than any other nation in the world, understands and defends the sanctity of the human mind and the beliefs that flourish and guide it. We are still a beacon to the men and women that languish in their jail cells for holding steadfast to their beliefs and for refusing to violate them despite intimidation in places where tyrannical thugs or ISIS zealots reign with terror.”

The Canterbury Medal Dinner boasts the most distinguished religious leaders and advocates of religious liberty throughout the world. This year’s black-tie gala will be held on Thursday, May 12, 2016 at the Pierre Hotel on 2 East 61st Street at 5th Avenue, New York City hosted by this year’s gala chairs Anthony and Christie DeNicola.

Past Canterbury Medalists include Nobel laureate Elie Wiesel, Rabbi Lord Jonathan Sacks,  Prison Fellowship founder – the late Charles Colson, LDS Elder Dallin H. Oaks, financier Foster Friess, Barbara Green of Hobby Lobby Stores, Inc., Archbishop Charles Chaput and the former Ambassador to the Vatican, James R. Nicholson, among others. Medalists all share a common devotion to liberty and freedom of conscience for people of all faiths.

For more information or to arrange an interview, 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. 

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Little Sisters Of The Poor VS. Government Almighty

November 17, 2015, American Spectator

Another fight in the long struggle between freedom of conscience and the primacy of the state.

The Obama administration’s position is that it has graciously condescended to grant an “accommodation” for organizations like the Little Sisters of the Poor and that they won’t be required to provide contraception coverage if they will unbend enough to apply for this special dispensation. The Becket Fund disposes of this argument as follows: “The so-called ‘accommodation’ still forces the Little Sisters to find an insurer who will cover sterilization, contraceptive and abortion-inducing drugs and devices, and will provide related counseling and education to promote those things.” In other words, the accommodation is just a fig leaf.

Honoring Courage

November 19, 2015, The Hill

Valladares was arrested for refusing to say four words. But he stayed in prison because he refused to sign a piece of paper that would hand moral authority to Castro’s Revolution. He stayed to defend what he later described as his own conscience, his belief in God, his own humanity and that of his fellow political prisoners.

Each year, we at Becket award the Canterbury Medal to an individual who has shown courage and strength in the defense of religious freedom. We have chosen Armando Valladares to receive this award in May 2016. After all, it is only fitting that the same year the Supreme Court will consider whether the federal government can force nuns to, among other things, sign away their faith, we honor a man who refused to sign away his because he knew that letters on a piece of paper can and do have power and meaning.

High Court to decide if Government can force nuns to provide contraceptives

WASHINGTON, D.C. – Moments ago, the U.S. Supreme Court agreed to take up the case of the Little Sisters of the Poor, a group of Catholic nuns facing tens of millions of dollars in IRS fines because they cannot, according to their faith, include contraceptives in their employee health plan. This is the second time the Sisters have been forced to ask the Supreme Court for protection against the government’s HHS Mandate. The Court’s decision will finally resolve the crucial question of whether governmental agencies can, wholly without legislative oversight, needlessly force religious ministries to violate their faith. The Supreme Court has consolidated their case with Becket client Houston Baptist and East Texas Baptist Universities, Priests for Life, South Nazarene University, Geneva College, Roman Catholic Archdiocese of Washington and Zubik.

“Becket is grateful that the Supreme Court has decided to weigh in on this important case,” said Mark Rienzi, Senior Counsel of Becket. “The Little Sisters spend their lives taking care of the elderly poor—that is work our government should applaud, not punish. The Little Sisters should not have to fight their own government to get an exemption it has already given to thousands of other employers, including Exxon, Pepsi Cola Bottling Company, and Boeing. Nor should the government be allowed to say that the Sisters aren’t ‘religious enough’ to merit the exemption that churches and other religious ministries have received.”

The Little Sisters, who care for more than 13,000 of the elderly poor around the world, had no choice but to appeal to the Supreme Court due to the government’s refusal to exempt them from the HHS mandate, which is currently in its 9th unacceptable iteration. The mandate forces the Little Sisters to authorize the government to use the Sister’s employee healthcare plan to provide contraceptives and abortion-inducing drugs – a violation of their faith –  or pay massive fines, which would threaten their religious mission. The Supreme Court entered a temporary order protecting the nuns in January, 2014, but the government has continued litigating, asking lower courts to remove that protection.”

“As Little Sisters of the Poor, we offer the neediest elderly of every race and religion a home where they are welcomed as Christ.  We perform this loving ministry because of our faith and cannot possibly choose between our care for the elderly poor and our faith, and we shouldn’t have to,” said  Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor. “All we ask is that our rights not be taken away.  The government exempts large corporations, small businesses, and other religious ministries from what they are imposing on us – we just want to keep serving the elderly poor as we have always done for 175 years. We look forward to the Supreme Court hearing our case, and pray for God’s protection of our ministry.”

Becket and leading Supreme Court advocate Paul Clement—the same legal team that won the Hobby Lobby case—filed the petition on behalf of the Little Sisters, as well as the Christian Brothers Employee Benefit Trust, Christian Brothers Services, Reaching Souls International, Truett-McConnell College, and GuideStone Financial Resources of the Southern Baptist Convention.

Today, the Supreme Court agreed to hear the Little Sisters’ case, along with Becket client Houston Baptist and East Texas Baptist Universities, Priests for Life, South Nazarene University, Geneva College, Roman Catholic Archdiocese of Washington and Zubik v. Burwell.“It is ridiculous for the federal government to claim, in this day and age, that it can’t figure out how to distribute contraceptives without involving nuns and their health plans.” said Senior Counsel Mark Rienzi. Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, Houston Baptist and East Texas Baptist Universities, along with many other religious ministries.The Little Sisters are also represented by the law firm of Locke Lord LLP and Professor Kevin Walsh of the University of Richmond Law School.

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.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

Media Advisory: Press Conference on Supreme Court Review of Little Sisters Case

WASHINGTON, D.C. – Today, November 6, 2015 at 2:30 p.m. EST, Mark Rienzi, senior attorney at Becket and lead attorney for the Little Sisters of the Poor, will be hosting a press conference call to discuss the implications of the U.S. Supreme Court’s decision to review the case of Little Sisters of the Poor v. Burwell. Reporters can dial in to join the discussion.

What: Press conference call to discuss the
U.S. Supreme Court review of Little Sisters of the Poor v. Burwell

Who:
Host: Mark Rienzi, senior counsel for Becket
Moderator: Melinda Skea, director of communications at Becket

When:
November 6, 2015 at 3:00 p.m. EST

How to Join:
Dial Number: 857-216-5472
PIN: 54523
Email questions to: media@becketlaw.org

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at mskea@becketlaw.org or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

4th Supreme Court Go-Round for 5-Year-Old Obama Health Law

Nov 6, 2015, Associated Press

The faith-based groups “can’t help the government with its contraceptive delivery system,” said Mark Rienzi, a lawyer who represents the groups. Among the challengers are Bishop David Zubik, head of the Catholic Diocese in Pittsburgh, the Little Sisters of the Poor, nuns who run more than two dozen nursing homes for impoverished seniors, and evangelical and Catholic colleges in Oklahoma, Pennsylvania, Texas and Washington, D.C.

Becket Defends Christian Printer Ordered to Print Shirts for Gay Pride Festival

WASHINGTON, D.C. – Today, law firms and scholars came to the defense of Blaine Adamson, the owner of a small printing company, who has been ordered by the government to print shirts promoting a gay pride festival and to attend government-mandated “diversity training.” Among his supporters are LGBT-owned businesses such as BMP T-Shirts as well as Becket, renowned scholar and University of Virginia Law Professor Douglas Laycock, and Stoll Keenon Ogden PLLCS, who filed a friend-of-the-court brief in Mr. Adamson’s defense.

“Americans disagree about sex and religion. That’s nothing new. But this case is about whether the government will allow people who disagree to live side-by-side in peace, or whether the government will instead pick one ‘correct’ moral view and force everyone to conform,” said Luke Goodrich, Deputy General Counsel of Becket. “Fortunately, the Supreme Court has already resolved this question and held that the government can’t force people to promote views they disagree with.”

“Both same-sex couples, and religious believers committed to traditional understandings of sexuality, have faced hostile regulation that condemns their most cherished commitments as evil,” said Professor Douglas Laycock, Professor of Law at the University of Virginia. “The American solution to this conflict is to protect the freedom of both sides—not punish the side that dissents.”

Blaine Adamson owns Hands On Originals, a small, closely-held printing company in Lexington, Kentucky. Mr. Adamson regularly employs and serves LGBT individuals, and he has never turned away any customer because of their race, sex, or sexual orientation. But in accordance with standard industry practice, Mr. Adamson does not print messages that contradict his core beliefs. For example, just as pro-choice printers have declined to print pro-life messages, and LGBT printers have declined to print anti-gay messages, Mr. Adamson has declined to print messages promoting a strip club, sexually explicit videos, and violence.

In 2012, the Gay and Lesbian Services Organization (GLSO) asked Mr. Adamson to print shirts promoting the local Pride Festival. Because Mr. Adamson believes that sex is designed for traditional marriage, and because the Pride Festival promotes a contradictory view, Mr. Adamson could not in good conscience print the shirts. Instead, he offered to refer GLSO to other printers who would match his price. GLSO received many offers to print the shirts and ultimately obtained them for free. Nevertheless, GLSO filed a complaint with the Lexington-Fayette Urban County Human Rights Commission, which has now ordered Mr. Adamson to print shirts in violation of his religious beliefs and to attend government-mandated “diversity training.”

A Kentucky Circuit Court ruled in favor of Mr. Adamson, concluding that forcing him to print messages in violation of his religious beliefs would violate both the Free Speech Clause and the Kentucky Religious Freedom Act. But the Human Rights Commission has now appealed to the Kentucky Court of Appeals.

“Just as a pro-choice printer has a right to decline to print a religious message attacking Planned Parenthood, and a gay photographer has a right to decline to photograph a religious anti-gay rally, a Christian printer has a right to decline to print messages that violate his beliefs,” said Goodrich. “The right of free speech protects everyone, and it means that the government doesn’t get to force anyone to say things that contradict their deeply held beliefs.”

Several LGBT-owned businesses, such as BMP T-Shirts, have been publicly supportive of Mr. Adamson’s free speech rights:

“No one should be forced to do something against what they believe in. If we were approached by an organization such as the Westboro Baptist Church, I highly doubt we would be doing business with them, and we would be very angry if we were forced to print anti-gay t-shirts,” said Diane DiGeloromo, one owner of BMP T-shirts, a lesbian-owned business. “This isn’t a gay or straight issue. This is a human issue.”

Her business partner, Kathy Trautvertter, added, “You put your blood and your sweat and your tears into [your business]” and “it’s very personal. . . . When I put myself in [Mr. Adamson’s] shoes, I could see it from his side.”

Mr. Adamson is represented by Alliance Defending Freedom. Becket, Professor Laycock, and Stoll Keenon Ogden PLLCS will continue supporting his free speech and religious freedom rights.

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.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Activists use Anti-Catholic Law to Block Low-Income Students from Educational Opportunities

WASHINGTON, D.C. – Becket is defending a Nevada state government program that provides low-income students with access to tutoring and other educational opportunities. But activist groups are fighting to end the program, relying on the state’s Blaine Amendment, a 19thcentury law with anti-Catholic roots that claims state funds can never be used toward educational opportunities that happen to be religiously affiliated. Becket filed a friend-of-the-court brief defending the program, arguing that this law discriminates against religious schools and should be struck from the books.

“Activist groups are treating religious schools and the students who choose to attend them like second-class citizens,” said Diana Verm, Legal Counsel of Becket. “It is deplorable to see a discriminatory 19th century law being used to prevent children from access to quality education simply because the school may have religious ties.”

The state of Nevada established the Education Savings Account (ESA) program in order to provide quality education to students of all incomes. The program allocates money into a specified bank account for each child that, similar to a medical flexible spending account, parents can use only for education expenses such as tuition for private schools, books and tutoring. Yet now, activist groups are suing to cancel the program and are relying on the Nevada Blaine Amendment—a law originally enacted with the purpose of shutting down an orphanage run by Catholic nuns—to argue that it should now keep parents from being able to choose their child’s school.

Becket filed an amicus brief in Duncan v. Nevada in Nevada state court, stating, “To claim that the ESA Program funds ‘sectarian’ purposes is simply a modern spin on the same discrimination that birthed the Blaine Amendments.”

Blaine Amendments prohibit the use of state funds for “sectarian” schools. In the 1880s, forbidding “sectarianism” meant forbidding Catholicism, but now activist groups are using the term to single out schools that are “too religious.” Both interpretations are in direct violation of the U.S. Constitution’s Equal Protection Clause. Becket is standing up to this blatant discrimination against religious schools and the students who choose them, and is urging the dismissal of this case.  

“It’s not the state’s role to protect kids from religious influence, Catholic or otherwise. Parents shouldn’t be limited by 19th century discrimination when they are deciding where to send their kids to school,” said Verm.

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.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Media Advisory: Court Hearing Set for Halfway Houses Run by Religious Groups

WASHINGTON, D.C. – On October 21, the Circuit Court of Leon County, Florida will hear oral argument in Center for Inquiry v. Jones, a case involving an atheist group’s attempt to shut down a successful Florida program that partners with private halfway houses to serve recently released, drug-addicted prisoners. The atheists sued not only Florida, but also two of the private halfway houses, Prisoners of Christ and Lamb of God Ministries, which have provided a host of services, including transitional housing, food, job search assistance, and other basic needs to former prisoners for over a decade. Florida pays only $14-20 per day to cover a portion of the costs of this wide variety of valuable social services.  At no charge to the State, the organizations also provide innovative substance abuse counseling and offer voluntary faith-based activities to former prisoners who find them helpful. Florida’s program has cut recidivism rates in half for those who successfully complete the program. Yet the Center for Inquiry, an atheist organization that does not offer any similar services to Florida prisoners, insists that the groups are “too religious,” so Florida must discriminate against them by banning them from the program. Both Florida and the organizations are opposing the atheists’ lawsuit.

What:
Oral Argument for Center for Inquiry v. Jones

Who:
Dylan Rivers, Partner at Ausley McMullen
Daniel Blomberg, Legal Counsel at Becket

When:
October 21, 2015 at 1 p.m.

Where:
Circuit Court of Leon County
301 South Monroe Street
Tallahassee, Florida 32301

Becket attorneys will be available for comment immediately following the hearing.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7226. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

City Officials threaten to fine African American Church for singing Gospel Music too loudly

Washington, D.C. – After receiving bizarre reports that a 57-year old African American church was being threatened with fines of $500 per day for singing Gospel music too loudly, Becket filed a Public Records Act request to ensure that the city isn’t unfairly targeting the Church. The Becket Fund calls on the city to withdraw its threat and to proceed in a manner that respects the rights of the Church.

“Don’t the enforcement bureaucrats in Oakland have better things to do than to sic the police on a church choir?” stated Daniel Blomberg, Legal Counsel at Becket. “This church contributes to a community that is already suffering enough. This kind of government overreach is precisely why we need strong religious liberty protections for minority groups.”

For over six decades, the Gospel Choir at the Pleasant Grove Baptist Church has been making a joyful noise. This week, the City of Oakland threatened the choir with thousands of dollars in fines for being too joyful during their worship services. Unless the choir goes silent, the city warned that it may start levying daily fines of $500.

Becket strongly condemns this kind of heavy-handed censorship, and is very concerned that this may be unfairly discriminatory. Some commentators have already raised concerns that this may be an example of punishing “singing while black.”  Given the typical noise of a city—from airplanes to trucks to motorcycles—it’s beyond strange to single out a church’s vibrant singing for silencing.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7226. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Becket Urges Supreme Court to Hear Little Sisters

WASHINGTON, D.C. – Earlier today, Becket filed a brief to the U.S. Supreme Court, urging it to take up the case of the Little Sisters of the Poor. The brief was filed in response to the Government’s argument, which expressly asked the Court not to choose Little Sisters, an international order of Catholic nuns that provides food, shelter, and healthcare for the elderly poor.

The reply brief stated, “After impermissibly trying to pick and choose which religious groups to exempt from the contraceptive mandate, HHS should not now be allowed to pick and choose its opponent or which questions it must confront in defending its actions.”

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Anglican Church Wins Victory For Religious Communities

Washington, D.C. – Last night, on behalf of a Florida-based Anglican Church, Becket won an important victory reaffirming the rights of religious communities everywhere seeking to build new places of worship.

“Under federal law, churches must be treated on equal terms with other community groups, no worse than the local rotary, school, or movie theater,” said Senior Counsel Hannah Smith of Becket. “If religious freedom means anything, it means being able to grow a community of believers in a permanent physical space suitable for the congregation’s needs.”

In 2013, the Church of Our Savior, an Anglican community located in Jacksonville Beach, Florida, applied for permits to build a new, permanent church to accommodate its growing numbers, but its application was twice denied.

After several years of seeking a place to worship, the Church of Our Savior can now build a new permanent home on Beach Boulevard. The settlement follows a ruling in favor of the church by a Florida district court in 2014. The court held that the church had suffered a violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal civil-rights law designed to protect houses of worship from discrimination. Following the settlement agreement and the court’s orders, the church now has the right to proceed with construction.

“We are so thankful to finally be free to build a house of worship in the place we believe God has called us. We are blessed to have had Becket come alongside us in our time of need,” said Reverend David Ball, pastor of the church.

The Church of Our Savior was represented by Daniel Dalton of Dalton & Tomich, Charles Stambaugh of Stambaugh & Associates, and Hannah Smith and Luke Goodrich of Becket. Mr. Dalton and Mr. Stambaugh guided the church through the successful trial and favorable settlement. Becket led litigation at the Eleventh Circuit.

Becket is widely recognized as one of the nation’s leading law firms handling land-use litigation under RLUIPA. Becket successfully represented the plaintiffs in the first case resolved under RLUIPA, Haven Shores Community Church v. City of Grand Haven. Successful RLUIPA land use appeals include Elijah Group, Inc. v. City of Leon Valley, Rocky Mountain Christian Church v. Bd. of Cnty. Comm’rs, Lighthouse Inst. for Evangelism v. City of Long Branch, and Elsinore Christian Center v. City of Lake Elsinore.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half-century.”

Federal Gov’t Joins Growing Tide of Judges: SCOTUS Should Hear Mandate Cases

Washington, D.C. – Last night, the federal government finally told the Supreme Court what everyone else been saying for months: the Court should take a case to decide whether the government can force religious ministries to participate in its contraceptive mandate. But in the government’s response to the Little Sisters of the Poor’s Supreme Court petition, it spends much of its time asking the Court not to hear the Little Sisters’ case and instead to hear a different case.

“What is the federal government afraid of?” asked Mark Rienzi, Senior Counsel at Becket and lead counsel for the Little Sisters of the Poor. “The government continues to insist that the Little Sisters help with its contraceptive delivery system, but doesn’t want to let them present their side at the Supreme Court. Just a few days ago the President told the Pope he would ‘stand with’ the Pope ‘in defense of religious freedom.’ Forcing nuns to violate their faith for no good reason is a very strange way to do that.” 

The government’s change of heart came the same day as three additional federal judges weighed in to expose the inherent flaws of the government’s mandate scheme. The judges—Judges Edith Jones, Priscilla Owens, and Edith Clement of the U.S. Court of Appeals for the Fifth Circuit—expressed their view in an opinion dissenting from their circuit’s refusal to reconsider its panel opinion against religious ministries challenging the mandate.

They recognized that other courts have committed “grave error” in accepting the government’s arguments, which boil down to little more than “simply disagree[ing] with the [ministries’] view of what Christian theology demands.” The judges ended with the poignant reminder that “[l]iberty of conscience” was the “foundation” for the “First Amendment’s religion clauses.” “Conscience is the essence of a moral person’s identity. Thomas More went to the scaffold rather than sign a little paper for the King.”

With these judges, there are now opinions from 18 federal appellate judges, including one federal circuit court of appeals, condemning the mandate. This growing tide has recognized the mandate scheme as “clearly and gravely wrong” because “it is not the job of the judiciary to tell people what their religious beliefs are.” Five judges sitting on the court that ruled against the Sisters confidently predicted that the government’s case “will not long survive” because Supreme Court would weigh in and reject a position that is “contrary to all precedent concerning the free exercise of religion.”

And now the government itself has joined the chorus of voices asking the Court to intervene. The government’s new position makes it is even more likely that the Court will choose to take one of the cases. The Court recently took action allowing it to consider all of the mandate petitions at the same time, and some Court-watchers predict it will announce its decision by early to mid November.

Becket and a legal team including former Solicitor General and leading Supreme Court advocate Paul Clement filed the cert petition on behalf of the Little Sisters, their health benefits provider Christian Brothers, and the Baptist ministries GuideStone, Reaching Souls, and Truett-McConnell College.

Becket  continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby.  It  currently represents  the  Little Sisters of the Poor, Mother Angelica’s  Eternal Word Television Network,  and Houston Baptist and East Texas Baptist Universities,  along with  many other  religious ministries. Five other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

For more information or to arrange an interview with a Becket  attorney, please contact Melinda Skea at  media@becketlaw.org  or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs  and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Religious Communities in College: A Home Away from Home

by Adèle Keim, Legal Counsel for the Becket Fund for Religious Liberty

This week was special for three different religious communities – Catholics welcoming Pope Francis to U.S. soil, Jews celebrating Yom Kippur, and Muslims observing Eid Al-Adha. For many, these events could only be fully experienced in community with others. Although far from home, religious college students share this longing.

Continue reading “Religious Communities in College: A Home Away from Home”

Pope Makes Unscheduled Visit to the Little Sisters of the Poor

WASHINGTON, D.C. – Last night Pope Francis made an unscheduled visit with the Little Sisters of the Poor.

The visit, according to Father Federico Lombardi, a papal spokesman, was a “sign of support for them” in their legal fight.

“The Holy Father spoke to each of us individually, from the youngest postulant to our centenarian, and then he spoke to all of us about the importance of our ministry to the elderly,” said Sister Constance Veit, Communications Director of the Little Sisters of the Poor. “We were deeply moved by his encouraging words.”

The Eighth Circuit Gets It Right

by Daniel Blomberg, Legal Counsel of the Becket Fund for Religious Liberty

Yesterday, the U.S. Court of Appeals for the Eighth Circuit split with seven other U.S. Courts of Appeal, issuing two opinions ruling that the HHS Mandate violates the Religious Freedom Restoration Act. While the Eighth Circuit was in good company (12 other appellate judges had already come to a similar conclusion, and the vast majority of over two dozen district courts had as well), it is the first circuit to issue a merits ruling that went the right way on this issue. That creates a circuit conflict which will make it even more likely that one of the seven petitions currently pending before the U.S. Supreme Court will be taken up in the coming term. Continue reading “The Eighth Circuit Gets It Right”

Federal Court Sets Up Supreme Court Review of HHS Mandate

WASHINGTON, D.C. – Today a federal court ruled that the government cannot impose massive IRS fines on religious ministries for following their faith. The ruling, which disagrees with those of other federal courts, drastically increases the likelihood of a Supreme Court review of the HHS Mandate. The Supreme Court will soon decide whether to take up cases involving the Little Sisters of the Poor, Houston Baptist and Texas Baptist Universities, and other religious ministries. Today’s pair of court opinions protects Dordt College, CNS Ministries, and others from having to comply with the HHS mandate.

“Fifteen federal judges now agree that the government has no right to dictate or second guess a person’s sincere religious beliefs,” said Lori Windham, Senior Counsel of Becket. “The government keeps telling the Supreme Court ‘Move along, nothing important here’ in hopes that the Court will ignore this crucial issue. But with today’s decisions, the Court will have great reason to decide this issue in the next term.”

The Eighth Circuit Court of Appeal’s opinion stated, “When the government imposes a direct monetary penalty to coerce conduct that violates religious belief, ‘[t]here has never been a question that the government ‘imposes a substantial burden on the exercise of religion.’”

Further, although the government argued that the ministries were being paranoid and that it was simply asking them for signatures on a piece of meaningless paper, the court both refused to second guess the ministries’ beliefs and saw through the government’s argument: “We need look no further than the government’s own litigation behavior to gauge the importance of [the government’s forms] in the regulatory scheme.” If it was just a meaningless form, “there would be no need to insist on [the ministries’] compliance with” the government’s demands.

“The government has many ways to achieve its goals without trampling over religious freedom,” said Senior Counsel Lori Windham. “Today’s decision correctly protects the rights of religious ministries serving the most vulnerable in our society.”

Last week five judges criticized the 10th Circuit Court of Appeals ruling against the Little Sisters of the Poor, predicting the “gravely wrong” decision “will not long survive.” Currently seven petitions involving non-profit ministries now await review by the Supreme Court, including the Little Sisters of the Poor (see video).

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Houston Baptist University, along with many other religious ministries. Seven other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

The transgender rights debate is about more than just restrooms

September 8, 2016, Deseret News

Luke Goodrich, deputy general counsel at The Becket Fund, told the Deseret News that the mandate is “broad” and that it requires doctors to potentially work against the best interests of their patients.

“One of the most troubling aspects of it is that it requires doctors to perform gender reassignment procedures on, including on young children, even when those procedures may be physically and emotionally harmful to the child and violate the doctor’s faith and medical judgment,” Goodrich said.

Federal Judges Criticize Ruling Against Little Sisters of the Poor

Washington, D.C. – In an almost unprecedented move, five federal judges issued an opinion sharply criticizing their court’s refusal to correct its recent decision that would force the Little Sisters of the Poor to assist the federal government with its contraception distribution scheme.

The opinion calls the decision against the Little Sisters “clearly and gravely wrong—on an issue that has little to do with contraception and a great deal to do with religious liberty.” The five judges took their colleagues to task for refusing to accept the Little Sisters’ sincere beliefs, warning that “it is not the job of the judiciary to tell people what their religious beliefs are.”

“Today’s opinion offers important support to the Little Sisters’ request that the Supreme Court hear their case,” said Mark Rienzi, Senior Counsel at Becket and lead counsel for the Little Sisters of the Poor.  “These judges understand that courts and bureaucrats should not be telling nuns what the Catholic faith requires.” (see video).

After a divided three-judge panel ruled against them, the Little Sisters promptly petitioned the Supreme Court to hear their case. Although the Little Sisters had not asked the entire Tenth Circuit to reconsider the panel’s opinion, the Tenth Circuit conducted a vote on its own initiative to determine whether the entire court should re-hear the case. When the court declined, the five judges issued their opinion explaining why the Little Sisters deserve protection.

The opinion further criticizes the decision against the Little Sisters as reflecting a “dangerous approach to religious liberty.” The opinion noted that the reasoning of the court could be used to second-guess the religious beliefs of any faith, including religious minorities like Jews requesting a kosher diet.

But knowing that the Little Sisters and other religious ministries have already asked the Supreme Court to intervene, the five judges explained: “Fortunately, the doctrine of the panel majority will not long survive. It is contrary to all precedent concerning the free exercise of religion.”

Becket and a legal team including former Solicitor General and leading Supreme Court advocate Paul Clement filed the cert petition on behalf of the Little Sisters, their health benefits provider Christian Brothers, and the Baptist ministries GuideStone, Reaching Souls, and Truett-McConnell College.

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Houston Baptist University, along with many other religious ministries. Six other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

To tax and destroy.

by Adèle Keim, Legal Counsel of the Becket Fund for Religious Liberty

To tax and destroy. The Washington Post is running a fascinating series of essays on whether to roll back two centuries of history and impose state and federal taxes on religious organizations. This is not a new debate; in 1970 the ACLU and others challenged New York’s church property tax exemption and lost. The Supreme Court pointed out that “[f]ew concepts are more deeply embedded in the fabric of our national life, beginning with pre-Revolutionary colonial times, than for the government to exercise at the very least this kind of benevolent neutrality [i.e., tax exemptions] toward churches … .” Walz v. Tax Comm’n of City of New York, 397 US 664, 666-67 (1970). In the latest round of this debate, constitutional law professor Rick Garnett weighs in: Continue reading “To tax and destroy.”

Court Agrees with Becket— Protects World War II Memorial From Atheist Attack

WASHINGTON, D.C. – Moments ago, a Court agreed with Becket that a historical World War II memorial affectionately called “Big Mountain Jesus” by locals can remain standing in the ski slopes near Kalispell, Montana. The 60-year-old statue, located in the Flathead National Forest, honors soldiers who fought against the Nazis in the Alps of Italy.  Lawyers at Becket defended the memorial against a Wisconsin-based militant atheist group demanding its removal and claiming that the mere presence of the statue violated the First Amendment.

“Today’s decision rejects the idea that history and the First Amendment ought to be enemies,” said Eric Baxter, Senior Counsel at Becket. “Freedom From Religion Foundation wanted to use the First Amendment to erase Big Mountain Jesus from memory, even though it is, as the Court recognized, a crucial part of the history of Montana. Thank goodness for common sense.”

The Ninth Circuit Court of Appeals ruled that the popular memorial can remain atop a Montana ski slope where it has stood without controversy for more than 60 years (see video). The monument, modeled after the statues soldiers encountered in the Alps during World War II, was erected in 1954 by the Knights of Columbus, a Catholic fraternal organization that worked with veterans from the Army’s Tenth Mountain Division to commemorate their comrades who died fighting for our freedom.

“Does a statue standing alone in the forest establish an official state religion? Today the Ninth Circuit emphatically said no.” said Senior Counsel Eric Baxter. “The Court rightly rejected Freedom From Religion Foundation’s radical idea that a privately-owned memorial standing in the middle of a ski resort violates the Constitution.” 

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

20 States, Orthodox Rabbis, and Several Orders of Nuns Ask Supreme Court to Take Contraceptive Mandate Case

WASHINGTON, D.C. – Today 20 states, along with a group of Orthodox Jewish Rabbis, five orders of nuns, the flagship seminary of the Southern Baptist Convention, and many other religious and secular organizations, are filing friend-of-the-court briefs at the Supreme Court supporting the Little Sisters of the Poor in their HHS mandate challenge. Last month, the Little Sisters and several other religious ministries appealed to the Supreme Court for relief from the government, which is forcing them to comply with the healthcare mandate in violation of their faith or pay millions in IRS fines (watch video).

“We are deeply grateful for the outpouring of support we have received from such a wide range of people and groups,” said Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor. “We simply ask the government to allow us to continue our ministry of caring for the elderly poor as we have for over 175 years without being forced to violate our faith or pay government fines.”

“This strong show of support for the Little Sisters demonstrates just how important it is that the Supreme Court address the impact of the HHS mandate, particularly on religious groups,” said Mark Rienzi, Senior Counsel at Becket. “It is especially significant that 20 state governments are supporting the Little Sisters at the Supreme Court.”

In addition to the 20-state amicus brief, briefs are being filed by, among others, the Ethics and Religious Liberty Commission of the Southern Baptist Convention, Dr. Albert Mohler and the Southern Baptist Theological Seminary, the Cato Institute, several law professors, the Judicial Education Project, the Christian Legal Society, the National Association of Evangelicals, the Lutheran Church-Missouri Synod, the Christian and Missionary Alliance Foundation, the Alliance Community for Retirement Living, Simpson University, Crown College, and the 181-member Council for Christian Colleges and Universities. Today’s strong support is an indication that the Court is likely to decide in the upcoming term whether religious ministries, like religious for-profits, will receive protection from the Mandate. It also shows the broad importance of the case to a variety of different religious groups and faith traditions.

In January 2014, the Supreme Court issued an emergency order protecting the Little Sisters, but in July 2015 the Tenth Circuit Court of Appeals denied relief to the Little Sisters, their health benefits provider Christian Brothers, and the Baptist ministries GuideStone, Reaching Souls, and Truett-McConnell College. Last month, Becket and a legal team including former Solicitor General and leading Supreme Court advocate Paul Clement filed the cert petition on behalf of the religious groups.

“The Supreme Court has already granted interim relief from the HHS Mandate to religious groups five times,” said Rienzi. “The government has exempted thousands of businesses from the HHS Mandate, so why is it needlessly forcing religious institutions, nuns and homeless shelters to carry out its goals? The government already has its own exchanges to do that.”

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries. Five other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

In addition to Becket and Paul Clement, the Little Sisters petitioners are also represented by Locke Lord LLP and Kevin Walsh, a law professor at the University of Richmond.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Top 5 Things You Need to Know About the New HHS Regulations

Washington, D.C. – The following can be attributed to Lori Windham, Senior Counsel for Becket:

“Under pressure from hundreds of lawsuits, the government continues to retreat.  After three losses in the Supreme Court and dozens of losses in courts below, the government continues to confuse the issues. The government issued over 70 pages of regulations, when all it needed to do was read the First Amendment.  We’ll be reviewing this latest attempt with each of our clients.”

Here are the 5 Things You Need to Know:1. This is the 8th retreat the administration has made from their original stance that only “house[s] of worship” receive religious liberty protection.

  • See chart of dates, times, and summary of each retreat here.
  • Or, in BuzzFeed fashion, it’s like groundhog day, over and over and over again

2. There are a lot of lawsuits against the administration:

  • 102 cases filed including:
    • 28 Religious Universities (More Protestant than Catholic colleges, FYI)
    • 40 Religious Charities
    • 3 Bible Publishers

3. The administration has lost 90% of their cases on this issue – including a decision and two orders from the Supreme Court in Hobby Lobby, Little Sisters, and Wheaton.

4. The religious charities in these cases serve tens of thousands of people, helping the poor and healing the sick. The Little Sisters of the Poor alone serve more than ten thousand people.

5. This is the first time the administration has acknowledged that families do not lose their religious freedom when they open a family business.  None of the previous seven revisions reached family-owned businesses.

Issued earlier today, the following statement can be attributed to Lori Windham, Senior Counsel for Becket:

This is latest step in the administration’s long retreat on the HHS Mandate. It is the eighth time in three years the government has retreated from its original, hard-line stance that only “houses of worship” that hire and serve fellow believers deserve religious freedom.

We look forward to reviewing the new rule and its implications for the 102 cases, including religious charities like Little Sisters of the Poor (see video), Mother Angelica’s Eternal Word Television Network (see video), and religious colleges like Colorado Christian University.  Ninety percent of religious ministries challenging the mandate have received relief from the courts, and we are hopeful the administration’s new rule will reflect the robust protections that have always been given to religious individuals in this country.

Religious ministries in these cases serve tens of thousands of Americans, helping the poor and homeless and healing the sick. The Little Sisters of the Poor alone serve more than ten thousand of the elderly poor. These charities want to continue following their faith. They want to focus on ministry—such as sharing their faith and serving the poor—without worrying about the threat of massive IRS penalties.

Becket has led the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries. 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. Its recent cases include two major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 ruling in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”For more information, or to arrange an interview with one of the attorneys, please contact  Melinda Skea, media@becketlaw.org, 202.349.7224.

###

Little Sisters Receive Short-term Shelter from HHS Mandate

WASHINGTON, D.C. – Just this morning, the Tenth Circuit issued an order temporarily safeguarding the Little Sisters of the Poor and other ministries from being forced to violate their faith. The court’s order means that the protection that the Supreme Court granted the Little Sisters last year will remain in place until the Supreme Court rules on their case (see video).

The following statement can be attributed to Mark Rienzi, Senior Counsel of Becket, which represents the Little Sisters of the Poor:

The federal government doesn’t need the Little Sisters or any other ministry to help it distribute abortion-inducing drugs and other contraceptives. Yet it not only insists on forcing them to participate in the delivery, it argues that their beliefs against participating are wrong and that government officials and judges can tell the Little Sisters what Catholic theology really requires. That’s wrong, and it’s dangerous — especially when those same government officials have disrespectfully compared the Sisters’ beliefs to ‘fighting an invisible dragon’ that can be vanquished with the ‘stroke of the [Sisters’] own pen.’

The Little Sisters of the Poor, along with Reaching Souls International and several other ministries, have asked the Supreme Court to take their case and give them long-term relief from the government’s mandate. The Supreme Court is expected to rule on that petition, along with several others, this fall.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Remembering Whitney Ball, Defender of Liberty

Like all those who knew Whitney Ball, I was so sad to hear of her passing on August 17th; it was too soon and she was too young. Despite contracting cancer at a young age, Whitney lived her life looking forward.

In every encounter I had with Whitney I was astonished by her strength, lack of fear, sense of humor and her ardent optimism. Whitney’s driving force was her faith in God and she was fearless in her mission to defend our liberty. She always asked what she could do to help the cause of religious freedom.

Throughout her disease Whitney never complained or felt sorry for herself, even while enduring the most unpleasant effects of her treatments. Instead, Whitney is a role model to all of us on how to live and make the most of the time we’ve been given. She is also a role model on the work one person can do in defending our rights as individuals. Thank you Whitney for helping me, as you did so many others, advance the cause of liberty!

Julie Riggs
The Becket Fund for Religous Liberty

16 States, Religious Groups Ask Supreme Court to Take Contraceptive Mandate Case

WASHINGTON, D.C. – Today 16 states, along with several religious groups, are filing friend-of-the-court briefs at the Supreme Court supporting Houston Baptist University (HBU), East Texas Baptist University (ETBU), and Westminster Theological Seminary in their HHS mandate challenge. Last month, the three religious groups appealed to the Supreme Court for relief from the government, which is forcing them to comply with the healthcare mandate in violation of their faith or pay millions in IRS fines.

“This strong show of support for HBU and ETBU demonstrates just how important it is that the Supreme Court address the impact of the HHS mandate, particularly on religious groups,” said Diana Verm, Legal Counsel at Becket. “It is especially significant that 16 state governments are supporting HBU and ETBU at the Supreme Court.”

In addition to the 16-state amicus brief, briefs are being filed by, among others, the Ethics and Religious Liberty Commission of the Southern Baptist Convention, the International Mission Board of the Southern Baptist Convention, the Christian and Missionary Alliance Foundation, the Alliance Community for Retirement Living, Simpson University, Crown College, and the 181-member Council of Christian Colleges and Universities. Today’s strong support is an indication that the Court is likely to decide in the upcoming term whether religious ministries, like religious for-profits, will receive protection from the Mandate.

In December 2013 a Houston federal court ruled in favor of the schools, yet in June 2015 the Fifth Circuit Court of Appeals denied relief to HBU, ETBU, and Westminster. Westminster is separately represented by Ken Wynne of Wynne & Wynne LLP in Houston. Last month, Becket and former Solicitor General and leading Supreme Court advocate Paul Clement filed the cert petition on behalf of the three religious groups.

“The Supreme Court has already granted interim relief from the HHS Mandate to religious groups five times,” said Verm. “The government has exempted thousands of businesses from the HHS Mandate, so why is it needlessly forcing religious institutions, nuns and homeless shelters to carry out its goals? Isn’t that what its own exchanges are meant to do?”

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries. Five other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7226.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Native Americans Sue after Government Destroys Burial Site

Washington, D.C. – Today, three Native American tribal members were forced back into court after years of failed negotiations with the government.  Members of the Cascade and Klickitat Tribes of the Yakama Nation, as well as a  member of the Calckamas tribe, sued the government after it bulldozed sacred burial grounds in 2008, then spent the last two and a half years in dialogue seeking an agreement.

“The government has callously and needlessly destroyed a sacred Native American burial ground, and now it refuses to make things right.” said Luke Goodrich, Deputy General Counsel of Becket and lead attorney in this case. “Although the government left the other side of the highway untouched, it bulldozed the burial site, lost sacred stone markers and removed safe access to the site. All the tribal members ask is that their beliefs and sacred sites be respected.”

For centuries, Native Americans have gathered food and medicine and buried their dead in the forests surrounding Mount Hood. In 2008, the Oregon Department of Transportation announced plans to bulldoze sacred burial grounds, ignoring the pleas of local tribal members (watch video).

“Desecrating these burial sites is in clear violation of federal law,” said Goodrich. “In fact, many of our laws regarding the protection of religious beliefs were passed by Congress precisely to protect the rights of Native Americans.”

Hereditary Chiefs Wilber Slockish and Johnny Jackson sued, together with Carol Logan, a Traditional Practitioner from the Clackamas/Chinook/Kalapooya Tribes, citing federal laws including the Religious Freedom Restoration Act and the Free Exercise Clause of the U.S. Constitution. Joining Slockish, Jackson, and Logan in their lawsuit are the Cascade Geographic Society and the Mount Hood Sacred Lands Preservation Alliance. They are represented by Becket, together with Oregon City attorney James Nicita and Michael Patterson of the Seattle-based law firm, Patterson Buchanan Fobes & Leitch.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.” 

Supreme Court may be converting on religion

August 1, 2016 USA Today

Some defenders of religious freedom don’t share Alito’s fear for the future.

“The court has been responsive to religious liberty claims in most of the cases in recent years,” Eric Rassbach, deputy general counsel at the Becket Fund for Religious Liberty, says. “I don’t see a reason to think that the court is going to become deaf to religious claims.”

Read more here.

Little Sisters of the Poor Appeal to the Supreme Court

WASHINGTON, D.C. – Today, for the second time in two years, the Little Sisters of the Poor must ask the Supreme Court to protect them from the government. The order of Catholic nuns and other non-profits have been forced to ask the Court for relief due to the government’s refusal to exempt them from a regulation that makes them choose between their faith—which prohibits them from providing contraceptives—and continuing to pursue their religious mission of serving the elderly poor (see video).

“The government has lost every single time they have made these arguments before the Supreme Court—including last year’s landmark Hobby Lobby case. One would think they would get the message and stop pressuring the Sisters,” said Mark Rienzi, Senior Counsel at Becket. “The government is willing to exempt big companies like Exxon, Chevron, and Pepsi Bottling, but it won’t leave the Little Sisters alone.”

Becket and leading Supreme Court advocate Paul Clement—the same legal team that won Hobby Lobby—filed the petition on behalf of the Little Sisters as well as the Christian Brothers Employee Benefit Trust, Christian Brothers Services, Reaching Souls International, Truett-McConnell College, and GuideStone Financial Resources of the Southern Baptist Convention. They are seeking relief from a 100-page decision by the Tenth Circuit that disagrees with the ministries’ understanding of moral theology. Today’s petition is the fifth the Court has received and makes it likely the Court will decide in the upcoming term whether religious ministries, like religious for-profits, will receive protection from the Mandate.

“The Sisters consider it immoral to help the government distribute these drugs. But instead of simply exempting them, the government insists that it can take over their ministry’s employee healthcare to distribute these drugs to their employees, while dismissing the Sisters’ moral objections as irrelevant,” said Rienzi. “In America, judges and government bureaucrats have no authority to tell the Little Sisters what is moral or immoral. And the government can distribute its drugs without nuns—it has its own healthcare exchanges that can provide whatever it wants.”

“As Little Sisters of the Poor we dedicate our lives to serving the neediest in society, with love and dignity. We perform this loving ministry because of our faith and simply cannot choose between our care for the elderly poor and our faith, and we shouldn’t have to,” said Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor. “We hope the Supreme Court will hear our case and ensure that people from diverse faiths can freely follow God’s calling in their lives.”

Reaching Souls International is an evangelical Christian ministry dedicated to preaching the gospel and caring for orphans in Africa, Cuba and India. Truett-McConnell College is a Baptist college that trains students to share their faith worldwide. Christian Brothers Services, Christian Brothers Employee Benefit Trust, and GuideStone Financial Resources are the ministries that provide healthcare coverage for the Little Sisters, Reaching Souls, and Truett-McConnell. All of the ministries are also represented by Locke Lord LLP, the 2014 recipient of Becket’s legal service award. Kevin Walsh, a law professor at the University of Richmond Law School, also represents the Little Sisters of the Poor.

The Court is likely to consider all of the petitions in late September or early October. If the petition is granted, the case would be argued and decided before the end of the Court’s term in June 2016.

For more information or to arrange an interview with a Becket  attorney, please contact Melinda Skea at  media@becketlaw.org  or 202.349.7226.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.

Court Rejects Pharmacists’ Right of Conscience

Washington, D.C. – Today, in Stormans v. Wiesman, the Ninth Circuit Court of Appeals upheld controversial Washington state regulations that require a family-owned pharmacy and two individual pharmacists to dispense the morning-after and week-after pills in violation of their religious beliefs. The Washington regulations go further than regulations in any other state in forcing pharmacists to violate their religious beliefs.

“Today’s decision is unfortunate,” said Luke Goodrich, Deputy General Counsel at Becket. “The government has no business punishing citizens solely because of their religious beliefs. The pharmacists in this case willingly refer patients to over 30 pharmacies that stock the morning-after pill within a five mile radius, and no patient has ever been denied timely access to any drug. The pharmacists’ practices are also supported by the American Pharmacists Association and are legal in every other state.”

The court’s opinion, written by Judge Susan P. Graber, acknowledges that “pharmacies whose owners object to the distribution of emergency contraception for religious reasons may be burdened disproportionately” by the state’s rules. It also acknowledges that the plaintiffs “ha[ve] been implicated in a disproportionate percentage of [the State’s] investigations,” and that there may be “other means that might achieve the [State’s] purpose” without burdening the plaintiffs. Nevertheless, the court rejected the plaintiffs’ claims because it “conclude[d] that the rules are neutral and generally applicable and that the rules rationally further the State’s interest in patient safety.”

Margo Thelen, Rhonda Mesler, and the Stormans family have worked in the pharmacy profession for over sixty years. Because they believe that life begins at the moment of fertilization, they do not sell the morning-after or week-after contraception pills. Instead, they willingly refer customers to one of over thirty pharmacies that sell the drugs within five miles of their store. For decades, this has been standard pharmacy practice, has been approved by the American Pharmacists Association, and has been legal in all 50 states.

But in 2005, the State of Washington passed a new regulation requiring pharmacies to sell these drugs in violation of their faith. The regulation allows pharmacies to refer patients elsewhere for a wide variety of business, economic, and convenience reasons—such as a when a drug is unprofitable, attracts an undesirable clientele, or falls outside the pharmacy’s chosen business niche. But it makes it illegal to refer patients for reasons of conscience.

Due to the regulation, Margo Thelen was terminated from her job; Rhonda Mesler was told she would lose her job if the regulation remained in place; and the Stormans family was threatened with the loss of its pharmacy license. On July 25, 2007, the plaintiffs filed a lawsuit to prevent this new regulation from forcing them out of their profession.

After a twelve-day trial, on February 22, 2012, a federal court in Washington struck down the regulation as unconstitutional. The state appealed to the 9th Circuit Court of Appeals, which today upheld the regulation.

The plaintiffs are represented by Becket, together with Alliance Defending Freedom, the law firm of Ellis, Li, & McKinstry, and former Tenth Circuit Judge Michael McConnell.

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

###

For more information, or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202-349-7226.

 

Court rules against Evangelical ministry

Washington, D.C. – Moments ago, the Tenth Circuit Court of Appeals ruled that Reaching Souls International must comply with the government’s HHS mandate, which forces religious ministries to violate their faith or pay massive IRS penalties.

The following statement can be attributed to Mark Rienzi, Senior Counsel at Becket and lead attorney for Reaching Souls International:

We’re disappointed with today’s decision, which leaves in place the federal government’s aggressive, discriminatory, and unnecessary attack on the core religious beliefs of private religious ministries.  The government does not need to take over a church benefits plan to provide abortion-inducing drugs–the most powerful government in the world can obviously distribute drugs without hijacking religious institutions and their health plans.

Today the Tenth Circuit ruled that government can force Reaching Souls to choose to either violate their faith or pay massive IRS penalties. The court held that participating in the government’s contraception delivery scheme is “as easy as obtaining a parade permit, filing a simple tax for, or registering to vote” and that although Reaching Souls sincerely believes that participating in the scheme “make[s] them complicit in the overall delivery scheme,” the court “ultimately rejects the merits of this claim” because the court believes the scheme “relieves [Reaching Souls] from complicity.” 

Reaching Souls and their attorneys are closely reviewing the court’s decision and will decide soon whether they must seek relief from the Supreme Court.

Reaching Souls has rescued hundreds of orphans in Africa by placing them into loving homes. Founded by a Southern Baptist pastor and evangelist in 1986, Reaching Souls’ mission is “to reach Souls for Christ” by training, equipping, and supporting African, Cuban, and Indian pastors and evangelists as they preach the Gospel to their neighbors and countrymen. Through their dedicated preaching, pastors and evangelists trained and supported by Reaching Souls have reached out to over 20 million people in Africa, Cuba, and India.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224. 

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Court rules against Little Sisters of the Poor

Washington, D.C. – Moments ago, in a departure from the U.S. Supreme Court’s protection of the Little Sisters of the Poor last year, the U.S. Court of Appeals for the Tenth Circuit ruled that the Little Sisters must comply with the government’s HHS mandate. This mandate forces religious ministries to violate their faith or pay massive IRS penalties (see video).

The following statement can be attributed to  Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor:

As Little Sisters of the Poor, we simply cannot choose between our care for the elderly poor and our faith. And we should not have to make that choice, because it violates our nation’s commitment to ensuring that people from diverse faiths can freely follow God’s calling in their lives. For over 175 years, we have served the neediest in society with love and dignity. All we ask is to be able to continue our religious vocation free from government intrusion.

The following statement can be attributed to Mark Rienzi, Senior Counsel of Becket and lead attorney for the Little Sisters of the Poor:

We’re disappointed with today’s decision. After losing repeatedly at the Supreme Court, the government continues its unrelenting pursuit of the Little Sisters of the Poor. It is a national embarrassment that the world’s most powerful government insists that, instead of providing contraceptives through its own existing exchanges and programs, it must crush the Little Sisters’ faith and force them to participate. Untold millions of people have managed to get contraceptives without involving nuns, and there is no reason the government cannot run its programs without hijacking the Little Sisters and their health plan.

The Tenth Circuit heard oral argument in this case December of last year, when for the first time since the case began, Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor, delivered a public statement on the case (see statement here). 

Today the Tenth Circuit ruled that government can force the Little Sisters to either violate their faith or pay massive IRS penalties. The court held that participating in the government’s contraception delivery scheme is “as easy as obtaining a parade permit, filing a simple tax for, or registering to vote” and that although the Sisters sincerely believe that participating in the scheme “make[s] them complicit in the overall delivery scheme,” the court “ultimately rejects the merits of this claim,” because the court believes the scheme “relieves [the Little Sisters] from complicity.”

The Little Sisters and their attorneys are closely reviewing the court’s decision and will decide soon whether they must seek relief from the Supreme Court.

“We will keep on fighting for the Little Sisters, even if that means having to go all the way to the Supreme Court,” said Daniel Blomberg, Counsel at Becket.

The Court’s order similarly harms Christian Brothers Services and Christian Brothers Employee Benefit Trust, the Catholic ministries through which the Little Sisters obtain their health coverage.

All three ministries are also represented by Locke Lord LLP, the 2014 recipient of Becket’s legal service award. Kevin Walsh, a law professor at the University of Richmond Law School, also represents the Little Sisters of the Poor.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224. 

###

The Becket Fund for Religious Liberty 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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Administration Issues Final Contraceptive Mandate Rules In Defiance of Supreme Court

Washington, D.C. – Today the Department of Health and Human Services announced that—despite losing repeatedly at the U.S. Supreme Court—it would continue trying to force religious nonprofits like the Little Sisters of the Poor to help distribute contraceptives, including the “week-after pill.”

Today’s announcement comes after multiple losses in contraceptive mandate cases at the Supreme Court, including last year’s Hobby Lobby decision and Court decisions regarding the Little Sisters of the Poor and Wheaton College. In fact, just last week the Supreme Court ordered the government not to enforce this rule against Catholic organizations from Pennsylvania, marking the government’s sixth loss in a row at the Supreme Court regarding the mandate. There are now four petitions before the Supreme Court asking the Court to finally resolve the issue by June 2016.

“The government keeps digging the hole deeper,” said Adèle Auxier Keim, Legal Counsel at Becket. “Just last week the Supreme Court ordered HHS not to enforce the exact rules they finalized today. But the government still won’t give up on its quest to force nuns and other religious employers to distribute contraceptives. Especially after the Supreme Court’s recent King v. Burwell decision allowed the government to expand its healthcare exchanges, there is no reason at all the government needs religious employers to help it distribute these products.”

The government proposed similar rules in August 2014, but many observers believed it might change position after repeated losses on the mandate issue at the Supreme Court. However, the government forged ahead and finalized rules requiring non-profit employers to help it distribute contraceptive drugs and devices.

“The government has already told thousands of businesses that they don’t need to comply with the HHS Mandate at all,” said Keim. “So why is it continuing to go out of its way to force religious objectors, from nuns to business owners, to do something it is more than capable of doing itself?

Becket continues to lead the charge against the unconstitutional HHS mandate,  winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby.  It  currently represents  the  Little Sisters of the Poor, Mother Angelica’s  Eternal Word Television Network,  and  Colorado Christian University,  along with  many other  religious ministries. On Wednesday Becket filed a cert petition at the Supreme Court in the Houston Baptist University case.

For more information or to arrange an interview with a Becket  attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Three Religious Institutions Appeal to Supreme Court, Say They Will Fight to Protect Their Faith

Washington, D.C. – Today two private universities and a seminary are asking the Supreme Court to protect them from millions of dollars in IRS fines that will be triggered if they refuse to comply with the infamous HHS mandate. Filing the petition today are the same two firms that won the Hobby Lobby case against the government’s HHS mandate one year ago.

Becket and former Solicitor General and leading Supreme Court advocate Paul Clement are filing the petition on behalf of Houston Baptist University, East Texas Baptist University and Pennsylvania-based Westminster Theological Seminary. The Supreme Court has already granted interim relief from the HHS Mandate to religious groups five times. The schools’ appeal makes it highly likely that the Court will decide whether religious universities will be required to provide contraceptive coverage in violation of their faith in the upcoming term.

“The government has already told thousands of businesses they don’t need to comply with the HHS Mandate,” said Diana Verm, Legal Counsel at Becket. “So why is it bullying nuns, religious schools, soup kitchens, and homeless shelters unless they comply? It makes no sense.”

In December 2013 a Houston federal court ruled in favor of the schools, yet last month the Fifth Circuit Court of Appeals denied relief to Houston Baptist and East Texas Baptist Universities, and Westminster. Westminster is separately represented by Ken Wynne of Wynne & Wynne LLP in Houston.

“We didn’t go looking for this fight,” said Dr. Robert Sloan, President of Houston Baptist University. “But here we stand and can do no other. We cannot help the government or anyone else provide potentially life-threatening drugs and devices. The government has many other ways to achieve its goals without involving us. It ought to pick one of those and let us go back to educating our students.”

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries. Three other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

“The Supreme Court should step in and tell the federal government that separation of church and state is a two-way street,” said Verm. “The state should not be able to take over parts of the church—including these religious ministries—just so it has an easier way of distributing life terminating drugs.”

The Court is likely to consider all of the petitions in late September or early October. If the petition is granted, the case would be argued and decided before the end of the Court’s term in June 2016.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Future of World War II Memorial in Court’s Hands

Washington, D.C. – Moments ago, Becket defended “Big Mountain Jesus,” a World War II statue in Montana honoring soldiers who lost their lives fighting in the Alps of Italy.

The Ninth Circuit Court of Appeals will determine whether the popular memorial can remain atop a Montana ski slope where it has stood without controversy for more than 60 years (see video). The monument was installed in 1954 by the Knights of Columbus, who worked with veterans from the Army’s Tenth Mountain Division to commemorate their comrades who died fighting for our freedom.  The statue’s fate is now in question after an atheist group from Wisconsin sued the government for its removal.

“The statue is an important, cherished part of local history at Big Mountain,” said Eric Baxter, Senior Counsel of Becket. “Intentionally modeled after the statues soldiers encountered in the Alps during World War II, the monument honors those who lost their lives far from home. You can’t censor history just because it includes religious meaning to some.”

Becket represents the Knights of Columbus, a Catholic fraternal organization, and in 2013 won the case in the trial court. Local support for the monument is overwhelming, but the Freedom From Religion Foundation continues to insist from its perch in Wisconsin that the Montana statue must be removed, claiming it is an unconstitutional endorsement of religion by the Forest Service.

“The statue stands in the middle of the ski resort and is just one of many examples of private speech permitted by the Forest Service on public land. The Forest Service is no more endorsing religion than it is endorsing the speech by the ski resort on the same public land.” said Senior Counsel Eric Baxter.

For more information or to arrange an interview with a Becket Fund attorney, please contact Melinda Skea at  media@becketlaw.org  or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Religious Groups Ask Supreme Court to Bring Olympian Jim Thorpe Home

Washington, D.C. – Today Becket led a coalition of Christian, Hindu, Muslim, and Santero religious groups to the Supreme Court in a fight to honor the religious beliefs of Olympic gold medalist Jim Thorpe, members of his Native American Sac and Fox tribe, and his two remaining sons. Previously, a Pennsylvania court rejected their Native American beliefs, saying they were “absurd.”

“Since when does a court get to decide that someone’s religious beliefs are absurd?” said Stephanie Barclay, Counsel at Becket. “No American’s faith should be mocked by our courts. Jim Thorpe said he wanted to be buried with his family and his tribe, and that should have been the end of it. Especially given the government’s history of mistreating Native Americans, there should be particular care taken to protect their religious practices.”

Since Thorpe’s death in 1953, his sons have sought to honor their father’s wishes to be buried on traditional Sac and Fox tribal lands in Oklahoma. However, as a result of a family dispute at the time of his death, Thorpe’s body was auctioned off to the highest bidder—which was a small Pennsylvania town he’d never even visited. Now his only remaining children—themselves now elderly—want to bring him home to bury him near his parents and other family members in Oklahoma. The town’s refusal to return Thorpe’s remains is not only a clear violation of the Native American Graves Protection and Repatriation Act (NAGPRA), but it also tramples on the tribe’s religious beliefs that Thorpe’s spirit will not be able to complete its spiritual journey until the proper burial ceremony is completed.

“By ruling that NAGPRA’s protections for religious beliefs in the case were absurd, the Third Circuit opened the door for judges across the country to decide, like Goldilocks, what religious beliefs are ‘just right,’” added Barclay. “Judges have no business making those determinations in our diverse American society.”

After the Third Circuit federal appeals court in Pennsylvania said that their request was “absurd,” the Thorpe brothers asked the U.S. Supreme Court to take up their case. The Becket-led coalition filed an amicus brief in the Supreme Court supporting the Thorpe brothers and the Sac and Fox Nation. The brief urges the Court to return the sports hero – dubbed the “greatest athlete in American history” – to Oklahoma in accordance with the tribe’s religious customs.

Members of the coalition include Becket, the Church of the Lukumi Babalu Aye, the International Society for Krishna Consciousness, the Muslim Public Affairs Council, the National Council of Churches, and the Queens Federation of Churches. The coalition is represented at the Supreme Court by Becket, along with attorneys Troy Eid and Harriet McConnell of prominent international law firm Greenberg Traurig LLP, which has a nationally-renowned Indian Law practice.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Colorado Court Upholds Antiquated Law, Prevents Needed Educational Scholarships

Washington, D.C. – Giving new strength to an antiquated and bigoted state provision, the Colorado Supreme Court eliminated a scholarship program for low income students this week. Two years ago, a lower court said that the Choice Scholarship Program was legal, effectively rejecting the discriminatory Blaine Amendment. On Monday, however, the higher court disagreed by a vote of 4-3.

“All these families want is a good education for their children. Instead of focusing on the needs of children, the Court decided to treat any exposure they might receive to religion as if it were second-hand smoke,” said Diana Verm, Counsel at Becket, a firm that has been fighting Blaine Amendments for over 20 years and filed an amicus brief in the appeal.

Blaine Amendments are nefarious mid-nineteenth century provisions found in dozens of state constitutions that prohibit the use of state funds for “sectarian” schools. These amendments were born out of anti-Catholic and anti-immigrant bigotry that favored Protestant-dominated public schools.

“The Colorado Supreme Court got it wrong,” added Verm. “Nothing in our Constitution prohibits cooperation between religious groups and government programs. In fact, this kind of cooperation benefits untold numbers of Americans on many fronts. The White House itself has an office of faith-based initiatives to foster increased cooperation between religious groups and the government.”

In March 2011, Douglas County created the Choice Scholarship Program to help low-income families send their children to private schools of their choice. The ACLU, the Freedom from Religion Foundation and several local organizations sued to end the scholarships. Relying on a Blaine Amendment, the district court struck down the program, but in early 2013 the Colorado Court of Appeals ruled in favor of the scholarship program, wisely rejecting the dark history of the Colorado Blaine Amendment. On Monday, the Colorado Supreme Court overturned the court of appeals decision.

Douglas County has said that it is considering an appeal to the U.S. Supreme Court, which would give the Supreme Court the opportunity to right the wrong of religious discrimination still apparent in Colorado’s legal system today.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224. 

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Supreme Court Protects Religious Charities from Government Mandate

Washington, D.C. – Moments ago, after previously blocking the federal government’s HHS mandate for the sixth time in a row, the Supreme Court granted relief in the Zubik v. Burwell case to a group of Pennsylvania-based religious organizations, including Catholic Charities and other social service organizations.

“This is the sixth time the HHS mandate has been before the Supreme Court, and the sixth time it has lost,” said Eric Rassbach, Deputy General Counsel of Becket. “Doesn’t our government have something better to do than fight charities serving the poor?”

Last month Justice Alito issued an interim order, protecting the charities and churches from complying with the HHS Mandate while their case continued. This was similar to the preliminary order Justice Sotomayor provided to the Little Sisters of the Poor on New Year’s Eve in 2013. The Pennsylvania-based religious organizations join over 750 plaintiffs in other nonprofit cases that have been granted protection from the unconstitutional HHS mandate, which forces religious ministries to either violate their faith or pay massive IRS penalties. In the order, handed down today, “[T]he respondents are enjoined from enforcing against the applicants the challenged provisions of the Patient Protection and Affordable Care Act and related regulations pending final disposition of their petition for certiorari.”

“The government has lots of ways to achieve its goals without penalizing religious groups who serve those in need,” said Deputy General Counsel Eric Rassbach. “Every time a religious ministry has taken this issue to the Supreme Court, the government has lost and the religious plaintiffs have been granted relief.”

The Supreme Court has previously granted relief to the following religious objectors to the mandate: Little Sisters of the Poor (December 2013 and January 2014); Hobby Lobby (June 2014); Wheaton College (July 2014); University of Notre Dame (March 2015); Michigan Catholic Conference (April 2015), and one previous order in this case (April 2015).

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Supreme Court Hands Big Win to Small Church

Washington, D.C. – Today the United States Supreme Court issued a decision that is a major victory for religious speech and for houses of worship across the country.

Moments ago, the Supreme Court issued a unanimous ruling protecting the Good News Community Church and Pastor Clyde Reed from the town of Gilbert, Arizona’s unfair sign ordinance, which allowed large political sidewalk signs to be displayed for months but restricted houses of worship to tiny signs that could only be displayed for less than 14 hours. The Justices voted 9-0 to strike down Gilbert’s sign ordinance.

“Gilbert had taken a page from George Orwell’s Animal Farm, saying that all citizens were equal, but that politicians were ‘more equal’ than everyone else,”said Eric Rassbach, Deputy General Counsel at Becket. “The Supreme Court rightly decided that churches and other religious speakers should not be treated like second-class citizens.”

Small houses of worship such as Good News Community Church rely on signs to invite community members to their services because they often do not have a permanent meeting location and have limited means to share their message.

In Gilbert, the controversial sign regulations struck down today allowed large political signs to stand for months, but demanded that houses of worship, like Good News Community Church, use signs less than half that size and pull them down after only fourteen hours. Church or synagogue signs could be no larger than 6 square feet – about 81% smaller than political signs (32 sq. ft).

Alliance Defending Freedom represents Good News Community Church and Pastor Clyde Reed from this unfair ordinance. In September 2014, Becket filed a friend-of-the-court brief in this case. Becket attorneys are available now to comment on the case and the Supreme Court’s decision.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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.Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Navy Fights to Preserve Chaplaincy’s Religious Identity

Washington, D.C. – Moments ago, a Virginia district court heard arguments regarding the Navy’s decision not to admit secular atheists into its religious chaplaincy. The Humanist Society and its parent organization, the American Humanist Association (AHA), wage an aggressive anti-religion campaign arguing that religion is superstition and should be stripped from the public square. Yet now, in the matter of Heap v. Hagel, theHumanist Society is suing the Navy to be recognized as a religious organization so it can appoint AHA’s members as chaplains. Becket supports the Navy in preserving the right of service members to have chaplains who will respect their religious beliefs, not reject and ridicule them.

 “These organizations mock religious teens for having so-called ‘imaginary friends,’ have sued to tear down war memorials that have religious symbols, and have even teamed up with organizations that call chaplains ‘spiritual rapists,’” said Eric Baxter, Senior Counsel for the Becket Fund for Religious Liberty. “They can’t attack religion with one hand, and then claim to be able to provide sincere religious ministry with the other.”

The entire purpose of military chaplains is to provide religious ministry to service members who need it. Even before the founding of this country, General George Washington requested a chaplain corps that could minister to the religious needs of the troops. The courts have held that the chaplaincy is necessary to ensure service members’ First Amendment right to the free exercise of religion, since they are often ordered to leave their family and community to serve their country. Secular atheist organizations such as the Humanist Society that reject and mock religion cannot serve that purpose.

“Militant atheists have the right to serve in the military, just like all other patriotic Americans,” said Senior Counsel Eric Baxter, “but that doesn’t mean they’re qualified for every position. You wouldn’t ask a shipman to fly a jet, and you shouldn’t ask an anti-religion atheist to provide religious ministry.”

A court decision is expected on the matter in the next several months.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224. 

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

Becket Expresses Condolences in South Carolina Church Shooting

Last night, a coward walked into services at Emanuel African Methodist Episcopal Church, one of the oldest AME churches in the country, and murdered nine people gathered together to worship. The church’s pastor was among those killed.

“Our prayers are with the people whose lives were stolen, with their families, and with their church,” said Daniel Blomberg, Director of Becket’s South Carolina office. “Emanuel AME Church has stood strong for two centuries through the injustice of slavery and discrimination—so strong that their doors were still open to all last night. We honor the church for its resilience. And we stand with the church and its families, hoping and praying for their healing and restoration.”

“House of worship should be places of peace,” Mr. Blomberg continued. “This was a despicable attack on African-Americans. It was also an attack on every American who attends a house of worship, including me, my wife, and my children. As George Washington promised colonial-era Jews: in America, there should be none to make worshipers afraid. Becket condemns the murders and urges that the coward be brought to justice swiftly.”

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

The Becket Fund for Religious Liberty 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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Media Advisory: Court to Decide – Must Navy Recognize Atheists as Religious?

Washington, D.C. – Tomorrow, June 18, the U.S. Navy will fight in a Virginia federal court to protect the religious chaplaincy against atheist groups that mock and ridicule religion. For years, the Humanist Society and its parent organization, the American Humanist Association, have argued that religion is superstition, should be stripped from the public square, and join with groups who refer to chaplains as ‘spiritual rapists’. Yet now in Heap v. Hagel the organization is suing the Navy to be recognized as a religious organization. Why? To get itself appointed to the chaplaincy. The core purpose of military chaplains is to provide religious ministry to service members. Atheist groups, such as the Humanist Society, who reject religion cannot serve that purpose.There are many roles for atheists in the military but the chaplaincy is not one of them.

 What:
Oral Argument in Heap v. Hagel

 Who:
Eric Baxter, Senior Counsel for Becket*

 When:
June 18, 2015 at 10 a.m.

 Where:
U.S. District Court for the Eastern District of Virginia
Albert V. Bryan U.S. Courthouse
401 Courthouse Square Alexandria, VA 22314
Courtroom 1000

 *Becket attorneys will be available for comment immediately following the hearing, which will be argued by the Department of Justice.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs  and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Court: Army Must Let Sikh Student Wear Beard in ROTC

Washington, D.C. – A federal court ordered the Army to allow a Sikh college student to join his college’s NROTC unit without having to shave his beard, cut his hair or remove his turban. The detailed and colorful 49-page opinion states that “given the tens of thousands of exceptions the Army has already made to its grooming and uniform policies …. the Army’s refusal to permit him to do so while adhering to his faith cannot survive” the protections in the federal Religious Freedom Restoration Act.

The court also reminded the Army of the exemptions it had granted, including grandfathering 197,102 soldiers who had non-conforming tattoos as well as issuing 183 exceptions to the current tattoo policy including “a vampire Mickey Mouse” tattoo.

According to court documents, the student, Iknoor Singh, a junior at Hofstra University, “hopes to serve in Military Intelligence, and he speaks Urdu, Hindi, and Punjabi, as well as English.”

“All this Sikh student wants to do is to serve his country,” said Eric Baxter, Senior Counsel at Becket. “The military cannot issue uniform exemptions for secular reasons but then refuse to issue them for religious reasons. The Religious Freedom Restoration Act was written and passed nearly unanimously by Congress precisely to protect the rights of individuals such as Mr. Singh.”

The opinion, issued last Friday, June 12, relied heavily on the standard for religious protection set out in Supreme Court cases such as Holt v. Hobbs and Hobby LobbyBoth cases were brought to the Supreme Court by Becket.

“When the government singles out religious people and refuses to protect their rights, our democracy is impoverished,” added Baxter. “The court’s opinion is not only good for Sikhs, it is good for our country.”

“This decision should allow religious Jews to serve their country while adhering to Torah law,” said Rabbi Sanford Dresin, Director of Military Programs for the Aleph Institute.

Sikhs such as Major Kamaljeet Singh Kalsi, an Army Doctor who served in Afghanistan, earning a Bronze Star, have been advocating for their ability to serve in the military. In a Congressional policy hearing in early 2014, Major Kalsi stated:  “I love the Army, I love the military. It’s become a big part of me. Sikhs everywhere are very patriotic. We just want to serve our nation…We just want to serve, to become part of the community, without having to give up what is our religious uniform.”

For centuries, the bravery and skill of Sikhs has been praised by many leaders. Among the most well known references to their courage is Winston Churchill’s: “British people are highly indebted and obliged to Sikhs for a long time. I know that within this century we needed their help twice [in two world wars] and they did help us very well. As a result of their timely help, we are today able to live with honour, dignity, and independence. In the war, they fought and died for us, wearing the turbans.

Becket attorneys are available to comment on the decision.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224. 

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Ruling Forces Arkansas to Recognize Religious Rights

Washington, D.C. – After a scathing Supreme Court decision against the state of Arkansas for not respecting religious freedom, last Thursday a federal district court issued a permanent injunction against the state. Arkansas state agreed to the injunction, which requires the state to allow a prisoner to grow a religiously-mandated beard. Arkansas also changed its religious beard policy to align with the majority of state prison systems. In the Supreme Court decision, Holt v. Hobbs, Justices clearly stated that the government cannot refuse to protect religious freedom on “prison officials’ mere say-so.”

“The Supreme Court decision protects the rights not only of prisoners but of all Americans,” said Eric Rassbach, Deputy General Counsel of Becket. “When we protect the rights of one religious person, we protect all American citizens, religious and non-religious alike.”

Under the settlement approved, Arkansas agreed to a permanent injunction, guaranteeing Mr. Abdul Muhammad’s right to wear a beard. The state also agreed to pay the attorneys’ fees of Douglas Laycock, professor at the University of Virginia School of Law, and Becket, who represent Mr. Muhammad.

“Arkansas did this to itself. It should have done the right thing in the first place. Instead, it spent untold amounts of taxpayer money and state resources fighting against religious rights,” said Rassbach.

In January the Supreme Court ruled that Mr. Muhammad has the right to peacefully wear a half-inch beard in accordance with his Muslim faith after the State of Arkansas failed to show that it had a compelling interest to ban beards. Currently more than 43 state, federal, and local prison systems allow beards, and because Arkansas has long allowed beards for medical reasons, the Court held that Arkansas could not discriminate based on an inmate’s religious beliefs.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224. 

###

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. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 

Honoring Becket Friend and Religious Liberty Ally: Elder L. Tom Perry

Picture of Elder L. Tom Perry with a quote about religious freedom

“A good character is something you must make for yourself. It is the reward that comes from living good principles and manifesting a virtuous and honorable life.”

Today we remember a dear friend of the Becket Fund and a staunch defender of religious liberty, L. Tom Perry, a member of the quorum of the Twelve Apostles of the Church of Jesus Christ of Latter-day Saints. Bill Mumma, president of the Becket Fund recalls Elder Perry: “He really was a giant of man – full of good-natured zeal. He believed the fight for religious liberty was worthwhile and he insisted on action right away!”

At nearly 6-foot-five, Elder Perry’s commanding physical presence combined with his enthusiasm and optimistic style made him a powerful force for good. He spoke frequently about the importance of religion in society, the family and preserving religious freedom, emphasizing that the “essential freedoms of conscience, embedded in religious liberty, must be diligently preserved and protected.” He worked closely with leaders of other faith and religious institutions to promote the cause of religious freedom.

His support of faith started long before he was called as a member of the Twelve Apostles. Elder Perry often recounted the devastation of WWII in Nagasaki, Japan as one of the saddest experiences of his life. The loss of life and lack of food left many Japanese children to fend for themselves. He and his friends organized an orphanage with sisters from the Catholic Church and rebuilt local chapels during their off-duty time.

The cause for religious liberty lost a great advocate and he will be greatly missed by all who knew him. Elder Perry’s life is an example of how all of us should live: always willing to lend a listening ear, diligently seeking opportunities to serve and lift others, and ever optimistic in the face of adversity.