Unanimous Supreme Court protects religious ministries from state investigations Becket filed a brief backing pro-life pregnancy center against aggressive New Jersey probe

WASHINGTON – The Supreme Court ruled unanimously today that faith-based ministries can seek protection in federal court when state officials launch intrusive investigations that threaten their religious mission. In First Choice Women’s Resource Centers v. Davenport, New Jersey’s attorney general tried to force First Choice—a pro-life Christian ministry serving women facing unplanned pregnancies—to disclose how it applies its statement of faith to employees and volunteers, works with churches to support its ministry, relates to other pro-life organizations, and how it explains what God is doing in its ministry—without a single complaint or any evidence of wrongdoing. New Jersey also insisted that First Choice could not seek federal court protection before being forced to exposeits mission to state scrutiny.  

Becket filed a friend-of-the-court brief asking the Justices to protect religious ministries like First Choice from invasive government efforts to interrogate them because of their religiously-inspired missions. The Court today agreed with Becket’s approach, with Justice Gorsuch writing for a unanimous Court that “associational rights carry special significance for political, social, religious, and other minorities”—a significance threatened by New Jersey’s intrusive subpoena into First Choice’s religious decision-making.  

“This is a triumph for every faith-based ministry in America,” said William Haun, senior counsel at Becket. “The Court made crystal clear that our First Amendment freedoms—including religious freedom—are ‘necessarily’ associative, and that keeps the federal courthouse doors open for religious groups to protect their governance from intrusive state bureaucrats.” 

Since 1985, First Choice Women’s Resource Centers has accompanied thousands of new and expecting mothers in their time of need, providing counseling, medical services, and tangible support like baby clothes, diapers, maternity clothes, and food. Through its ministries, First Choice has assisted over 36,000 women across New Jersey and has also provided educational programs to thousands of high school students. At its heart, First Choice is a pro-life, faith-based organization. All employees, board members, and volunteers adhere to a statement of faith, vowing to uphold the dignity of every person from conception to natural death. 

In 2023, New Jersey Attorney General Matthew Platkin tried to drag First Choice into court with an aggressive, wide-ranging investigation. The move was part of a broader campaign Platkin launched in the aftermath of Dobbs v. Jackson Women’s Health Organization to target pro-life pregnancy centers. Becket asked the Court to protect the rights of faith-based ministries to make internal religious decisions without state interference. This is a principle that a vast majority of Americans agree on—recent polling shows that 80% believe people should be able to run their private organizations consistent with their religious beliefs, free from government interference. 

“Preventing First Choice from accessing the federal courts would have given state officials nationwide carte blanche to launch fishing expeditions into religious ministries and cudgel them into silence,” said Haun. “The Supreme Court rejected that power grab and ensured that ministries do not have to wait to be crushed by an investigation before they can ask a federal judge for protection.”

Read more about the cases Becket is watching at the Court this term here.

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.