Religious exemptions back on the chopping block in HHS cases

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

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

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

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

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

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

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

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


What:

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

University of Iowa tells court: Frats in, God out

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

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

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

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

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

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

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

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

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

BREAKING: New Mexico court shuts the book on religious discrimination

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RFRA celebrates 25 years protecting religious liberty for all

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

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

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

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

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

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

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

Call Audio Here

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

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

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

Who:
Mark Rienzi, president of Becket

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

Press Call Information:
888-670-9385 | Pin #: 54523
Email [email protected] with questions

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

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

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

Empty foster homes, full courtroom for Philly foster families

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

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

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

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

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

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

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

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

Today: Foster families fight Philly discrimination in court

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

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

 

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

Who:
Lori Windham, senior counsel at Becket

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Little Sisters defend their Supreme Court Victory from Calif. AG

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

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

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

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

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

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

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

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

Court to consider nearly $1 billion tax threat to churches

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

What:
Oral argument in Gaylor v. Mnuchin

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

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

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

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

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

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

 

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

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

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

Who:
Mark Rienzi, president of Becket

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

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

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

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

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

Morris County, NJ: Let us preserve our history!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A decision is expected by early next year.

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

Pittsburgh church wins right to choose its pastor

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

Penn. county seal on trial at Third Circuit

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

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

Who:
Eric Baxter, senior counsel at Becket

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional Information:                                                 

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

Christian student group beats religious purge—for now

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

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

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

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

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

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

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

Additional Information:                                                   

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

Christian student group fights religious purge

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

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

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

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

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

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

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

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

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

 

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

Florida rabbi speaks on DOJ religious liberty panel

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

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

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

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

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

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

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

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

Philly foster families appeal court ruling

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

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

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

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

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

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

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

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

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

Fifth Circuit protects Texas Catholic bishops from prying by abortion group

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

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

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

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

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

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

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

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

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

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

Michigan Governor, Attorney General defend student religious freedom

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Foster families in court to defend agency that brought them together

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

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

What:
Oral Argument in Dumont v. Lyon 

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

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

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

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

For more information or to arrange an interview, contact Melinda Skea at[email protected]or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

Additional Information: 

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

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

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

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

Who:
Daniel Blomberg, senior counsel at Becket

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

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

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

For more information or to arrange an interview, contact Melinda Skea at[email protected]or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

New evidence: Philly engaged in discrimination that hurts foster kids

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

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

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

Who:
Lori Windham, senior attorney at Becket

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

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

Email questions to [email protected]

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

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

Supreme Court protects Calif. pregnancy centers’ free speech

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

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

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

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

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

Appeals court rules for Texas bishops in privacy dispute

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

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

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

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

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

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

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

Additional Quotes available for use:

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

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

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

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

Philadelphia families, foster agency to fight back

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

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

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

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

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

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

An attorney will be available for comment following the hearing.

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

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

Wayne State attacks religious group—again

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

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

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

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

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

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

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

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

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

Supreme Court protects Masterpiece baker’s religious liberty

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What:
Becket’s Canterbury Medal Gala

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

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

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

For more information or to arrange an interview with a Becketattorney, please contact Melinda Skea at [email protected] or 202-349-7224.

Becket names Baker Botts 2018 Legal Service Award Winner

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Court to decide fate of historic Pensacola cross

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

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

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

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

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

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

A decision is expected by the court in late summer.

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

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

Historic Florida cross heads back to court

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

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

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

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

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

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

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

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

Boca Chabad now 3-0 vs. discriminatory lawsuit

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A decision is expected in the case sometime late 2018.

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

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

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

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

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

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

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

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

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

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

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

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

Today: State Supreme Court to decide which kids get textbooks

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

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

What:
Oral argument in Moses v. Ruszkowski 

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

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

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

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

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

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

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

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

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

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

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

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

 Kyle will be sworn in later this year. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Becket names American Rabbi its 2018 Canterbury Medalist

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

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

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

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

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

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

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

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

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

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

Court gives voice to foster kids and families

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

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

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

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

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

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

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

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

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

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

Militant atheists cross over historic cross, but county pushes back

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

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

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

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

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

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

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

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

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

 

Breaking: Christian student group back in from the cold

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Christian student group out in cold at Michigan University

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

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

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

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

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

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

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

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

Adopted kids stand up against ACLU in court

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

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

What:
Oral Argument in Dumont v. Lyon  

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

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

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

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

For more information or to arrange an interview, contact Melinda Skea at[email protected]or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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

No justice for Native Americans in Oregon

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

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

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

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

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

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

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

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

Wheaton College wins five-year battle against HHS mandate

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

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

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

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

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

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

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

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

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

Congress Gives Churches Equal Access to Disaster Aid

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

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

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

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

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

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

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

Chicago pastors appeal $1 billion in new taxes on churches

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

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

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

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

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

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

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

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

Myrick Press Call Advisory

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

What:
Press Call to discuss Myrick v. EEOC

Who:
Stephanie Barclay, counsel at Becket

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

Press Call Information:
888-670-9385 | Pin #: 54523
Email [email protected] with questions

Gayle was represented by Becket together with Ellis Boyle of Knott & Boyle, PLLC.

For more information or to arrange an interview, contact Melinda Skea at[email protected]or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

Judge rules magistrates can’t be targeted for beliefs on marriage


WASHINGTON, D.C. – A landmark federal ruling, finalized recently, says that the State of North Carolina violated civil rights laws when it forced a magistrate to resign because of her beliefs about marriage. The ruling in Myrick v. EEOC shows that faith and LGBT rights don’t have to be at odds with each other. Reasonable solutions can be found to protect the dignity of each person. This case also resulted in a significant settlement agreement, in which the State agreed to pay the magistrate her salary and retirements benefits that were unjustly taken away (watch her story here).  

 Gayle Myrick was a highly qualified and well-respected magistrate in North Carolina for many years who was forced to resign because of her religious beliefs. When same-sex marriage became legal, she didn’t want to stop any couple from getting married, but she also knew that her religious beliefs prevented her from performing a same-sex wedding ceremony. Since performing weddings was a small part of her work, Gayle’s immediate supervisor proposed a solution: shift Gayle’s schedule by a couple hours so she wasn’t working when marriage ceremonies were performed. However, the state government rejected this reasonable solution and forced Gayle to resign.  

“I have always wanted to find a way to protect everyone’s dignity,” said Gayle Myrick, the magistrate at the center of the case. “The solution in my case would allow any couple to get lawfully married without facing rejection or delay, and magistrates with religious beliefs like me could step aside and still keep our jobs.”

Other magistrates routinely shifted their schedules for a variety of reasons—from simple things like fishing trips, to substantial issues like night classes or drug rehab. If Gayle had asked to shift her schedule for any other reason, she would have been allowed to keep her job. But because her request was motivated by her religious beliefs, she was forced to resign just two months before her retirement benefits vested.  

In a landmark ruling, a federal judge said this was discrimination under the civil rights laws. North Carolina was “obligated to provide an accommodation to Magistrate Myrick,” the ruling said. The State later acknowledged it treated Gayle unfairly, and the settlement agreement makes Gayle whole by paying her the salary and retirement benefits that were taken away. The State also passed a law making sure no magistrates would be targeted for their religious beliefs and no one would be denied a prompt marriage. The judge’s ruling comes ahead of the Supreme Court decision in Masterpiece Cakeshop v. CCRC, a case that also addresses issues related to LGBT rights and religious liberty. 

“Faith and sexual orientation are deeply important to the identity of many people, and this case shows that these two things don’t have to be at odds with each other,” said Stephanie Barclay, counsel at Becket, the non-profit religious liberty law firm that represented Gayle. “Our civil rights laws help us create a diverse society where people can live, work, and break bread together despite our differences.”  

Gayle filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) under the Government Employee Rights Act—a federal civil rights law that protects the rights of government employees. Gayle was represented in this proceeding by Becket together with Ellis Boyle of Knott & Boyle, PLLC.  

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

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

Christian, LGBT printers unite for free speech

WASHINGTON, D.C. – An important free speech case has united Christian and LGBT printers at Kentucky’s high court as they seek protection for the right of artists to choose what messages they promote. In Baker v. Hands On Originals, a Kentucky court ruled last year that the government cannot force Blaine Adamson, a Christian screen printer, to print gay pride t-shirts in violation of his religious beliefs. The government has now appealed, and today Becket and University of Virginia Law Professor Douglas Laycock filed a friend-of-the-court brief supporting the printer.

“Free speech protects everyone—from the LGBT printer who doesn’t want to print anti-gay messages, to the Christian printer who doesn’t want to print gay-pride t-shirts,” said Luke Goodrich, deputy general counsel at Becket. “In a diverse society, the government doesn’t get to pick one preferred viewpoint and force everyone to agree.”

In 2012, the Gay and Lesbian Services Organization (GLSO) asked Blaine Adamson, the owner of Hands On Originals, to print shirts promoting the local gay-pride festival. Because of Mr. Adamson’s religious beliefs, he declined to print the shirts and instead referred GLSO to other printers who would match his price. Although GLSO received many offers and ultimately obtained the shirts for free, it filed a complaint against Mr. Adamson with the Lexington-Fayette Urban County Human Rights Commission, which ordered him to print the shirts and attend government-mandated “diversity training” to change his views.

In the printing industry, it is standard practice for business owners not to print messages they disagree with. That is why LGBT business owners have also stood up for Mr. Adamson’s right to choose what messages he promotes.

Mr. Adamson is represented by Alliance Defending Freedom. Becket is represented by Professor Douglas Laycock and Stoll Keenon Ogden PLLCS.

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

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

Third time’s a charm: Boca Chabad in court again seeking equal treatment

WASHINGTON, D.C. – A Florida Jewish congregation was in court this morning to defend itself against a lawsuit attempting to discriminate against houses of worship. In Gagliardi v. The City of Boca Raton, Florida, the Chabad of East Boca Raton asked the U.S. Court of Appeals for the Eleventh Circuit to protect its right to equal access to build in Boca Raton’s business district, as required by federal law (watch this video about the Chabad’s experience). 

The lawsuit was filed by two landowners opposed to the synagogue, claiming the city established Judaism as the city’s official religion by simply granting equal access for houses of worship, including synagogues, to be built in the business district. But federal law requires equal access to religious groups, so it came as no surprise that the landowners suffered back to back losses in federal district court. They then chose to appeal those losses, prolonging a decade-long battle to prevent the Chabad from building.  

“All we’re asking for is equal treatment,” said Rabbi Ruvi New, head of the Chabad of East Boca Raton. “We’re grateful that the City and our local community have long treated us fairly, and we’re hopeful that the Court will protect our right to be equal members of the Boca Raton community.” 

In 2007, the Chabad began encountering hostile, well-organized, and well-financed opposition to its synagogue’s construction plans. That opposition ultimately culminated in the federal lawsuit against the Chabad, where two landowners claimed that allowing the synagogue to be built violated the U.S. Constitution’s Establishment Clause—even though the 2008 city ordinance they challenged grants equal access for all faith groups. Now on appeal, the two landowners are saying that allowing any houses of worship to build would harm them by causing traffic problems, even though they have no complaints about nearby strip malls, 7-11s, and even 22-story condos. In response, national and international groups and local leaders filed friend-of-the-court briefs supporting the Chabad and explaining that the landowners were asking the Court to rubber-stamp religious discrimination.  

“Granting equal treatment is the opposite of establishing a religion. Saying otherwise is not just an attack on the Chabad, but also an attempt to undermine civil rights for every house of worship,” said Daniel Blomberg, counsel at Becket, which represents the Chabad of East Boca Raton. “It’s been ten years; it’s time to stop hurling lawsuits at a synagogue and well past time to let it have its equal chance to build a home for its members.”  

Payvand Ahdout presented oral argument on behalf of the Chabad at the hearing. The Chabad of East Boca is represented by Becket and Kirkland & Ellis. A decision is expected later this year. 

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

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

Court to hear Chabad’s ten-year plea for fairness

WASHINGTON, D.C. – A Jewish congregation in Florida, which for 10 years has been trying to build a new house of worship, is going to court next week to defend itself against a lawsuit that seeks to discriminate against houses of worship (watch this video about the Chabad’s experience).

In Gagliardi v. The City of Boca Raton, Fla., two landowners opposed to the Chabad of East Boca Raton claim that the city “established a religion” by granting equal access for houses of worship, including synagogues, to be built in business districts. But equal access is required by federal law, and the landowners have already lost twice at the federal district court. They continue to delay by appealing to the U.S. Court of Appeals for the Eleventh Circuit, which will hear the case on Wednesday, January 31. Last year, national and international groups and local leaders filed friend-of-the-court briefs in support of the Chabad’s right to equal treatment

What:
Oral Argument in Gagliardi v. Boca Raton 

Who:
Payvand Ahdout, Kirkland & Ellis
Daniel Blomberg, counsel at Becket 

When:
Wednesday, January 31, 2018 at 9:00 a.m. Eastern 

Where:
United States Court of Appeals for the Eleventh Circuit
51 SW 1st Ave # 14, Miami, Fla. 33130

Payvand Ahdout will be presenting oral argument on behalf of the Chabad at the hearing. Becket attorney will be available for comment immediately following the hearing.  

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

Additional Information:                                              

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

 

 

Christian group allowed back on campus

WASHINGTON, D.C. – An Iowa federal court late yesterday protected Business Leaders in Christ (BLinC), a Christian student group at the University of Iowa that was kicked off campus for requiring its student leaders to affirm its Biblical beliefs. In BLinC v. University of Iowathe court said that BlinC must be allowed back on campus to participate in a student recruitment fair today, January 24. This decision is a step toward ensuring that religious student groups are treated the same as all other groups on campus rather than being penalized for their faith.  

The court decision ruled for BLinC saying it found that, “BLinC has shown that the University does not consistently and equally apply” its policy to student groups.  

“The University would never let Iowa State’s Cy the Cardinal lead the Hawkeyes,” said Jacob Estell, BLinC student president. “So why would it think it is okay to force religious student groups to select leaders who don’t embrace their mission?” 

Membership in BLinC is open to all University students and, to preserve its mission, BLinC asks only its leaders to affirm that they embrace and seek to live by its religious beliefs. But after a student complained about BLinC’s leadership requirements and its beliefs concerning marriage, University administrators kicked BLinC off campus and told it to “revise” its Statement of Faith and submit an “acceptable plan” for selecting leaders if it wanted back on.   

Late last week the court heard oral argument in the case. BLinC argued that the University is violating the First Amendment by penalizing it for its religious viewpoint, pointing out that the student who complained about BLinC’s beliefs started his own organization that espouses the exact opposite perspective. The Free Speech, Free Exercise, and Establishment Clauses all prohibit the University from discriminating against religious viewpoints. 

“The Court agreed that the University has to stop discriminating against BLinC because of its religious beliefs,” said Eric Baxter, senior counsel at Becket, which represents BLinC. “Every other group on campus gets to select leaders who embrace their mission. Religious groups don’t get second-class treatment.” 

The Court ordered the University to readmit BLinC immediately and gave the University 90 days to bring its policy enforcement into compliance with law. A decision to permanently allow BLinC to stay on campus and pick leaders who embrace its faith is expected sometime later this year.   

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

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

DC Metro’s anti-religion ad policy is a train wreck

WASHINGTON, D.C. – The D.C. Metro, as a government body, is supposed to ensure free speech for everyone, yet now Metro bans any religion-related advertising in its stations and subway cars. After being told it could not buy advertisement space for its annual “Find the perfect gift” Christmas campaign last year, the Catholic Archdiocese of Washington sued the Washington Metropolitan Area Transit Authority (WMATA) for banning religious speech. On Friday, Becket along with Arizona Senator Jeff Flake and the International Society for Krishna Consciousness, Inc. (ISKCON), filed a friend-of-the-court brief in Archdiocese of Washington v. WMATA, arguing that WMATA does not get to arbitrarily exclude messages just because they are religious.  

In 2015, WMATA issued a ban on “issue-oriented advertising,” forbidding ad space to political, advocacy, and religious advertising from the Metro subway car walls. Secular ads about Christmas – such as department store sales – are permitted, while ads about the religious meaning of Christmas are prohibited. Metro’s speech ban has also been challenged by the ACLU as a Free Speech violation. As Becket states in its brief, “[T]he government has no authority to privilege the view of Christmas that starts at the shopping mall over the view that starts in a manger. Even Charlie Brown understood that privileging a secular, commercial expression of Christmas over one with religious motivation is a value judgment.”   

“Metro’s advertisement policy is a train wreck,” said Mark Rienzisenior counsel at Becket. “It happily allows defense companies to advertise the latest weapons and Macy’s to advertise a holiday sale, but there is no room at the inn for Baby Jesus? Metro should spend less time playing speech police and more time preventing fires in its stations.”  

Bus and subway advertising are one of the most effective ways for the Archdiocese to spread its message of hope during the Christmas season. But WMATA’s guidelines exclude the Archdiocese from advertising solely because its message is religious. Even though a secular organization can post meeting times, address, or contact information on a metro ad, religious groups – including a monastery – were banned from doing the same thing. 

WMATA’s guidelines exclude religious groups from participating equally in public advertising space, in violation of the recent Trinity Lutheran Supreme Court ruling protecting the right of religious organizations to participate in widely available programs on equal footing with secular organizations. 

“Government agencies should be encouraging free speech, not suppressing the speech they don’t like,” said Rienzi.   

The case is currently before the U.S. Court of Appeals for the D.C. Circuit. The Archdiocese is represented by former Solicitor General Paul Clement of Kirkland & Ellis. Ryan Shores and Will Haun of the law firm Shearman & Sterling filed the amicus brief for Becket, Sen. Flake, and ISKCON. 

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

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

Court hears Christian student group’s plea for equal treatment

WASHINGTON, D.C. – A Christian student group went to court this morning after being kicked off University of Iowa’s campus for asking its leaders to embrace its faith. In BLinC v. University of Iowa, Business Leaders in Christ (BLinC) challenged the University’s requirement that to be let back on campus, it needed to “revise” its religious beliefs about sexual morality and stop asking its leaders to share its faith (watch recap on Twitter live).  

The University of Iowa hosts over 500 diverse student groups, such as political groups, environmental groups, and religious groups. Many of these groups limit their leadership and even their membership to those who share their mission. Yet the University is discriminating against BLinC, saying the group cannot require its leaders to share its faith because school administrators don’t like its religious mission. 

“College campuses are supposed to foster a real exchange of diverse ideas,” said Jacob Estell, BLinC student president. “But we are in court today because that is simply no longer the case at the University of Iowa. All we want is the same rights as all other student groups to create a community that reflects who we are and what we believe. The University respects that right for environmental groups, pro-choice groups, and political groups. But it’s treating us as outsiders.”   

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

BLinC gives students of faith a community where they can learn to both live their beliefs and thrive in the business world. They serve students and the surrounding community, including tutoring at-risk youth, organizing guest speakers, and organizing student activities like Tippi Gives Thanks, which provides a morale boost ahead of finals week.  

“Getting an education shouldn’t come at the cost of First Amendment rights,” said Eric Baxtersenior counsel at Becket, which is defending BLinC’s right to stay on campus. “Both the Constitution and common sense say that groups should be able to pick leaders who agree with their mission.” 

Oral argument took place today in federal district court in Davenport. A decision is expected sometime next week.  

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

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

Christian student group kicked off campus, heads to court

WASHINGTON, D.C. – Business Leaders in Christ (BLinC), a small Christian student group at the University of Iowa, will be in federal court today to fight for its right to remain on campus and choose student leaders who embrace its religious beliefs. In October, BLinC was kicked off campus because of its religious beliefs and told that it needed to “revise” those beliefs and submit an “acceptable plan” for selecting leaders to be allowed back on campus. Although there are over 500 diverse student groups at the University that screen their leaders for mission alignment, the University is penalizing BLinC for requiring its leaders to share its religious beliefs.

What:
Hearing in BLinC v. University of Iowa

Statements by:
Eric Baxter, senior counsel at Becket 

When:
Today at 9:30 a.m. EST

Where:
U.S. District Courthouse
131 East 4th Street
Davenport, IA 52801

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

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

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

Harvey-hit houses of worship now free to apply for FEMA aid

WASHINGTON, D.C. – FEMA is now accepting disaster aid applications from houses of worship damaged by Hurricane Harvey, a result of lawsuits brought by three Texas churches and two Florida synagogues seeking equal access to relief grants. In Harvest Family Church v. FEMA, and Chabad of Key West v. FEMA, Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God and Chabad of Key West and Chabad of the Space Coast, respectively, sued FEMA for denying houses of worship access to federal disaster aid grants on equal footing with secular non-profits (watch their story). FEMA announced houses of worship can now apply for disaster relief aid through February 4.  

Last week, FEMA announced a new policy that would put an end to its discrimination against churches, synagogues, and other houses of worship. FEMA’s new application deadline implements that policy by allowing houses of worship to submit applications for disaster relief. Before the litigation, many houses of worship were told they were not eligible for grants and were blocked from applying. Now they will have an opportunity to submit applications for aid even though the original deadline has passed.   

“Houses of worship that were earlier subject to discrimination are now being given a second chance,” said Daniel Blomberg, counsel at Becket, the non-profit religious liberty law firm that represents the Texas churches and the Florida synagogues. “FEMA is making good on its promise to treat houses of worship equally.”  

Houses of worship were among the first to respond in the aftermath of both Hurricane Harvey and Hurricane Irma and they continue to provide aid to help their communities recover. Yet FEMA’s old policy discriminated against churches, mosques and synagogues, while at the same time using them for its own relief efforts.  

FEMA’s new policy aligns with the Supreme Court’s June 2017 decision in Trinity Lutheran Church of Columbia, Inc. v. Comer requiring religious groups to receive equal access to widely available public programs. The three Texas churches’ case is currently on appeal at the U.S. Court of Appeals for the Fifth Circuit. The Florida synagogues’ case is pending in federal district court in Key West.   

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

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

Court to government: Stop targeting pregnancy center

WASHINGTON, D.C. – A non-profit pregnancy center that helps low-income women in Baltimore prevailed over a discriminatory city ordinance today. In Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor and City Council of Baltimore, the U.S. Court of Appeals for the Fourth Circuit protected the Center from being forced to violate its conscience by referring for abortions or posting government messages about abortion on its walls.

The Greater Baltimore Center for Pregnancy Concerns provides help to women facing unplanned pregnancies. But a 2009 city ordinance forced the Center to either refer for abortions or display government abortion messaging on the walls of their church-owned property, in violation of their mission and conscience. In 2010, the Center sued the mayor and city council of Baltimore for the right to continue to serve and communicate with women who come to them for help in a way that respects each woman’s choice as well as the Center’s mission. The Center won in 2010, and, following the government’s appeals, the Center won again today.

“We are committed to serving women in need in a way that respects their choices, comforts them in a difficult time and is in line with our mission,” said Carol Clews, executive director of the Center for Pregnancy Concerns. “This court ruling means that we can do our job and the government can’t tell us what to say or how to say it.”

The Center helps nearly 10,000 women a year facing unplanned pregnancies. Volunteers help over 1,200 women for free with basic services like pregnancy tests, baby and maternity clothes, parenting classes, and job placement. The Center also counsels over 8,000 local women per year through its 24-hour helpline.

In 2009, the City of Baltimore targeted the Center, which operates out of Catholic Church-owned property, demanding they display a sign stating that they “do not provide or make referrals for abortion or birth control services,” even though they already inform women in welcome papers and a lobby sign about the caring services they do provide for free and also that they do not offer abortions. Yet the City of Baltimore did not require abortion clinics to display the services they do not offer, such as adoption or prenatal care. The Fourth Circuit’s decision today criticized Baltimore for adopting “retributive speech restrictions” on pro-life speakers, calling the restrictions a “grave violation” of “our nation’s dearest principles.”

“We are very pleased that the Fourth Circuit strongly upheld the First Amendment rights of religious and other nonprofit charities to speak and to serve those in need in the manner their conscience dictates, without undue government interference,” said Dave Kinkopf, of Gallagher, Evelius & Jones, which represents the Center.

“This is a victory for the First Amendment and for the women of Baltimore,” said Tom Schetelich, chairman of the board of the Greater Baltimore Center for Pregnancy Concerns.

“Today’s decision confirms that government has no place mandating speech—especially speech associated with deeply-held religious beliefs,” said Mark Rienzi, senior counsel at Becket, the non-profit religious liberty law firm also representing the Center. “The Center can now continue helping women in need without the government telling them how to talk about abortion.”

The Greater Baltimore Center for Pregnancy Concerns is represented by Gallagher Evelius & Jones, Becket, and Peter Basile from Ferguson, Schetelich & Ballew, P.A.

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

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

BREAKING: FEMA to stop discriminating against churches, synagogues


WASHINGTON, D.C. – FEMA announced a new policy today that ought to put an end to its discrimination against churches, synagogues, and other houses of worship. The new policy comes in response to two lawsuits brought by three Texas churches and two Florida synagogues seeking immediate and equal access to disaster relief aid.

FEMA says that the new policy is required by the Supreme Court’s June 2017 decision in Trinity Lutheran Church of Columbia, Inc. v. Comer, which ruled that the First Amendment requires religious groups to receive equal access to widely available public programs. FEMA announced in its new policy that “houses of worship will not be singled out for disfavored treatment” any longer.  

“What a way to start 2018!” said Pastor Charles Stoker of Hi-Way Tabernacle, who received the news while finishing a day of distributing meals at the church to about 200 local recipients. “It’s been a cold day, and this news will warm us all up here! We’re delighted that FEMA will start treating us like other charitable groups. And we look forward to continuing to help our neighbors as they recover from Harvey.”

Houses of worship were among the first to respond in the aftermath of both Hurricane Harvey and Hurricane Irma and they continue to provide aid to help their communities recover. Yet FEMA’s policy discriminated against churches and synagogues, while at the same time using them for its own relief efforts. In September, in Harvest Family Church v. FEMA, Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God sued FEMA for denying houses of worship access to federal disaster aid grants on equal footing with secular non-profits. A parallel lawsuit, Chabad of Key West v. FEMA was later filed by two Florida synagogues hit by Hurricane Irma. After being denied aid for months, the three Texas churches asked U.S. Supreme Court Justice Alito for emergency relief. Justice Alito asked FEMA to respond to the churches’ request, and FEMA published its new policy before its deadline to respond at the Supreme Court.  

“Better late than never,” said Daniel Blomberg, counsel at Becket, the non-profit religious liberty law firm that represents the Texas churches and the Florida synagogues. “By finally following the Constitution, FEMA is getting rid of second-class status for churches, which in the words of the Supreme Court was ‘odious’ to the First Amendment. We will watch carefully to make sure that FEMA’s new policy is implemented to provide equal treatment for churches and synagogues alongside other charities.”  

The three churches’ case is currently on appeal at both the U.S. Court of Appeals for the Fifth Circuit and the Supreme Court. The Florida synagogues’ case is pending in federal district court in Key West.   

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

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

As cold as ice: 2017 Ebenezer Award winner glorifies winter, nixes holidays

 

WASHINGTON, D.C. – It’s beginning to look nothing like Christmas. Christmas trees, menorahs, and the colors red, green, silver, and blue have been deemed inappropriate for college campuses this holiday season, at least according to an official at the University of Minnesota. Only general decorations and party themes such as “winter celebration” were allowed at the University’s College of Food, Agricultural and Natural Resource Sciences (CFANS) “Respecting Religious Diversity” event this month. This memo has earned the University of Minnesota the 2017 Ebenezer Award, Becket’s lowest (dis)honor, awarded for the most ridiculous affront to the Christmas and Hanukkah season. 

Each year Becket reflects on the most absurd affronts to the Christmas and Hanukkah season and bestows upon the most outrageous offender a lump of coal. Previous winners include the American Humanist Association, which tried to stop schools from sending care packages to children in need, and the Department of Veteran Affairs which banned employees at its Salem, Virginia facility from saying “Merry Christmas” to veterans. (See list of previous winners.) 

“A University that bans religious diversity in the name of ‘Respecting Religious Diversity’—George Orwell would be proud,” said Montse Alvarado, executive director of Becket. “But it makes no sense to ‘celebrate’ religious diversity by banning any sense of actual holiday celebration.”  

The University of Minnesota’s Dean’s Dialogues “Religious Diversity and Holidays” event within CFANS is committed to creating an “inclusive” community. As part of the event, a list of guidelines was distributed to students and staff advising all to avoid certain “inappropriate” holiday items and to report any violations to the Office of Equal Opportunity and Affirmative Action. Banned items include bows and wrapped gifts, Christmas trees, dreidels, menorahs, bells and Santa Claus, all of which the guidelines call off-limits “religious iconography.” Colors were regulated, too: red and green for their connection to “Christian tradition” and blue, white and silver for their connection to “Jewish Hanukkah.” 

“A hearty bah-humbug toast to University officials who make Christian and Jewish students feel like second-class citizens at a time that should be full of brotherly love and giving,” said Alvarado. 

Because religious holidays are an important part of human culture, governments and public institutions are allowed to recognize and celebrate those holidays with appropriate symbols. The Supreme Court has long upheld government holiday displays that send “a message of pluralism and freedom of belief during the holiday season,” including displays that have distinctive religious elements. Although public opinion and the law are on the side of religious holidays, some bureaucrats insist on scrubbing the public square of any religious references. This often leads to absurd results.   

 Becket wishes everyone a Merry Christmas, a Happy Hanukkah, and a Joyous New Year to all! In the words of Tiny Tim: “God bless us, every one!”  

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

Foster families to ACLU: don’t take away kids’ chance at a new home

WASHINGTON, D.C. – Shamber Flore and several adoptive families are going to court in Michigan today to stand up for vulnerable foster children. In Dumont v. Lyon, the ACLU is trying to force religious adoption agencies to close their foster and adoption programs, making it even harder for thousands of foster kids to find permanent homes. If successful, the ACLU’s lawsuit would especially harm minority and special needs kids.       

Every year in Michigan, over 600 youth “age out” of foster care, which means that at the age of 18 they officially leave the foster system never having found a permanent family. This number is on the rise, and a recent study showed that these youth—mostly African American—are particularly vulnerable to ending up in poverty, without an education, and back on the streets. That’s where religious adoption agencies like St. Vincent Catholic Charities come in.  

“I don’t understand why the ACLU is trying to take away hope from children who were once like me—victims of abuse exposed to drugs, prostitution, and neglect,” said Shamber Flore, who was adopted as a foster child in 2005. “My family would not have adopted me without the help of St. Vincent. We need more agencies like this finding more homes for kids—not less.” 

Last year, St. Vincent recruited more new foster families than almost every other agency in its service area. Religious adoption agencies like St. Vincent are important in this work because they can reach families from different segments of the population that would not otherwise adopt or foster. They are also particularly successful at placing large sibling groups and providing support to families with medically fragile kids. And the majority of kids in St. Vincent’s care are minority and special needs children.  

But in September 2017, the ACLU sued trying to make it illegal for the state of Michigan to partner with religious adoption agencies simply because of their religious beliefs. 

“The ACLU’s lawsuit is not at all about protecting children. It’s about scoring cheap political points at the expense of children,” said Stephanie Barclay, counsel at Becket. “Thankfully, the constitution prohibits that result.”   

Becket is representing Shamber Flore, Melissa and Chad Buck, and St. Vincent Catholic Charities. Becket will file today to intervene in the Eastern District of Michigan to defend the right of families and religious adoption agencies to keep serving Michigan’s most vulnerable children.  

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

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

AG Shapiro: Little Sisters unwelcome in City of Brotherly Love

WASHINGTON, D.C. – This morning, the Little Sisters of the Poor waited outside a Philadelphia courthouse while a hearing inside decided their fate. Pennsylvania Attorney General Josh Shapiro is suing the federal government to take away the Sisters’ religious exemption from the HHS contraceptive mandate. Shapiro says that the Little Sisters and others who would be affected if he wins have no say in court over what happens to their rights. Today supporters gathered outside the Philadelphia court to support the Little Sisters in this case, where Mother Loraine Marie Maguire addressed the crowd.

In early October, HHS issued a new rule that protects the Little Sisters of the Poor and other religious non-profits from providing services in their healthcare plans that violate their faith like the week-after pill. The Little Sisters’ four-year legal ordeal seemed close to an end but now Pennsylvania’s lawsuit threatens the Sisters’ rights again. Just last week, Pennsylvania obtained a court order keeping the Little Sisters from joining the case to defend their hard-won rights. Becket immediately appealed that order to the Third Circuit.

“We are hopeful that the court will rule as the Supreme Court ruled, that the government doesn’t need us to do its work. As Little Sisters of the Poor, all we want is to follow our calling to love and to serve and finally put this legal ordeal behind us,” said Mother Loraine Marie Maguire, mother provincial of the Little Sister of the Poor.

Represented by Becket, the Little Sisters spent the last four years battling the HHS mandate (learn more about the Little Sisters here). Following an earlier ruling from the U.S. Supreme Court, in October HHS finally admitted that it had been wrong to fight the Little Sisters of the Poor.

“After the Little Sisters’ four-year fight, a Supreme Court victory, and a new rule that protects women like them, Attorney General Shapiro still went to court to take away their rights. He then argued that the Little Sisters shouldn’t even be allowed to come to this court today to make their case,” said Lori Windham, senior counsel at Becket, which is representing the Little Sisters of the Poor. “Josh Shapiro left the Little Sisters of the Poor out in the cold – in the City of Brotherly Love.”

Oral argument took place in federal district court in Philadelphia to decide if the protection for the Little Sisters will stand. A similar hearing took place on Tuesday in Oakland, California where supporters rallied outside the courthouse in support of the Little Sisters.

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

Additional Information:       

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

Atheists abandon crusade against sermons—again!

WASHINGTON, D.C. – Last night, and for the second time in a row, a group of pastors defeated a lawsuit by militant atheists that demanded the IRS control the internal religious teachings of houses of worship. The atheists—Freedom From Religion Foundation (FFRF)—dismissed their own lawsuit, giving up before the court had a chance to rule against them. FFRF’s dismissal in FFRF v. Trump comes just three years after it did the same thing in their identical lawsuit, FFRF v. Koskinen. Both times, FFRF ran away after religious leaders intervened to defend their rights. By law, because this is now the second time that FFRF has given up on the same claim, FFRF’s dismissal means they have lost on the merits—and the pastors have permanently fended off FFRF.

The following statement can be attributed to Daniel Blomberg, counsel at Becket:

“FFRF is running away again, and this time for good—in federal court, you don’t get a third bite at the apple. Which is great news for pastors, priests, rabbis, and imams who want to preach their faith without IRS censorship. The pulpit is one place where a little more separation of church and state would go a long way.”

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

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

 

Penn. AG attacks nuns’ rights in court while keeping them outside

WASHINGTON, D.C. –The Little Sisters of the Poor and their hard-fought rights will be on trial Thursday, December 14, but the Sisters will be outside the courthouse because of Pennsylvania Attorney General Josh Shapiro’s attempt to silence them. Shapiro is suing to take away the Sisters’ religious exemption from a Health and Human Services rule. In early October, HHS issued a new rule that protects the Little Sisters of the Poor and other religious non-profits from providing services in their health care plan that violate their faith like the week-after pill. The Little Sisters’ four-year legal ordeal was close to an end, but now the state of Pennsylvania is suing HHS to take away the Little Sisters’ religious exemption. Worse yet, Pennsylvania successfully won a court order keeping the Little Sisters from joining the case to defend their rights. A similar hearing took place on Tuesday in Oakland, California where nearly 50 people rallied outside the courthouse in support of the Little Sisters. Represented by Becket, the Little Sisters will speak up outside the courthouse to ensure that they can continue their vital ministry of caring for the elderly poor, as they have for over 175 years, without violating their faith (learn more about the Little Sisters here).

What:
Hearing in Commonwealth of Pennsylvania v. Hargan

Statements by:
Mother Loraine Marie Maguire, of the Little Sisters of the Poor
Lori Windham, senior counsel at Becket

When:
Thursday, December 14, 2017 at 11:00 a.m. EST

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

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

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at [email protected] or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

Calif. AG fights to silence Little Sisters of the Poor

WASHINGTON, D.C. – The Little Sisters of the Poor were back in court today to defend themselves against a lawsuit by Attorney General of California Xavier Becerra, who is suing to take away the Little Sisters’ religious exemption from a Health and Human Services rule. Becerra has argued that the Little Sisters shouldn’t be able to defend their rights in this lawsuit. Before the hearing, nearly fifty people attended a rally outside the Oakland court in support of the Little Sisters. 

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

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

The Little Sisters spent the last four years battling the HHS mandate that would have forced them to either violate their faith by providing services like the week-after pill in their healthcare plan, or pay millions in fines. Following an earlier ruling from the U.S. Supreme Court, in October HHS admitted that it had been wrong to fight the Little Sisters and issued a new rule that finally exempts them and other religious non-profits. The government had long exempted big businesses—such as Exxon, Chevron and Pepsi—and even its own health care plans. California never sued the Obama administration for creating these exemptions that reach tens of millions more people than the Little Sisters’ exemption.   

“Women like the Little Sisters of the Poor do not need more bureaucrats pushing them around. They should be allowed their day in court to argue for their rights, and they should be allowed to practice their faith in peace,” said Mark Rienzi, senior counsel at Becket and lead attorney for the Little Sisters of the Poor.  

Oral argument took place in federal district court in Oakland, California to decide if the protection for the Little Sisters will stand, and whether the Little Sisters will be allowed to defend it in this court. A decision is likely by the end of the year.  

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

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

University of Iowa kicks Christian student group off campus

WASHINGTON, D.C. – Business Leaders in Christ (BLinC), a small Christian student group at the University of Iowa, sued University officials today after being kicked off campus for requiring its student leaders embrace its religious beliefs. The Dean of Students told BLinC that if it wants to be back on campus, it must “revise” its religious beliefs and submit an “acceptable plan” for selecting its leaders. In BLinC v. University of Iowa, BLinC asks the court to stop this religious discrimination and allow it to choose leaders who embrace its mission, just like every other student group on campus. 

There are over 500 student groups at the University with distinct missions, creating an intellectually and culturally rich campus environment. Fraternities and sororities can limit membership to men and women respectively. Pro-choice groups can reject students who are pro-life and vice versa. Feminist groups may require members to support their cause. And environmental groups can choose leaders who support theirs. But even though BLinC allows anyone to join, the University is discriminating against it for requiring its leaders to embrace its mission and beliefs. 

“This is 2017, not 1984,” said Jacob Estell, the student president of BLinC. “Our beliefs weren’t made by us, and they can’t be changed by us either—certainly not just to satisfy Orwellian government rules.”   

BLinC is a small student organization that gives Christian students a forum for discussing how to incorporate their beliefs in the competitive business world and for providing community service. Its members answer the call to serve because of their religious beliefs. On September 1, 2017, the University told BLinC it could select leaders who affirm its beliefs, so long as those beliefs were clearly stated so students would be aware of them. But after BLinC added a statement of its religious beliefs to its campus webpage, the University responded by kicking it off campus shortly before Thanksgiving. 

“This is premeditated religious discrimination, plain and simple,” said Eric Baxter, senior counsel at Becket, which is defending BLinC’s right to equal treatment by the University. “A state school cannot demand a change to students’ faith any more than the U.S. President could demand a change to the Bible.” 

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

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

Churches ask appeals court for equal treatment from FEMA for Christmas


WASHINGTON, D.C. – Minutes before midnight last night, Hi-Way Tabernacle and two other Texas churches filed an emergency appeal to the U.S. Court of Appeals for the Fifth Circuit asking for the right to apply for disaster relief like other devastated non-profits. The emergency appeal in Harvest Family Church v. FEMA came hours after a lower federal court refused to stop FEMA’s policy that discriminates against houses of worship. FEMA already conceded in court that its discriminatory policy is unlikely to survive the Supreme Court’s recent decision in Trinity Lutheran Church v. Comer. Yet since the devastation by Hurricane Harvey in late August, FEMA has resolutely refused to give houses of worship equal access to federal disaster aid grants while distributing over $500 million to other kinds of non-profits and grant recipients, like stamp clubs and botanical gardens.  

FEMA’s delay has left Texas churches in limbo, forcing them to miss expedited grant deadlines and permanently jeopardizing their ability to access FEMA’s grant program. Despite this discrimination, houses of worship across Texas—including Hi-Way Tabernacle, as shown in this new video—continue to help their communities recover. The churches are asking the Court of Appeals to grant them immediate emergency protection by Monday, December 11, and to provide more permanent relief by Christmas. 

The following statement can be attributed to Eric Rassbachdeputy general counsel at Becket: 

“FEMA is giving Scrooge a run for his money. FEMA already left these devastated churches in the cold for Thanksgiving, and now it’s trying to shut them out for Christmas. Enough is enough. A flooded building is a flooded building, whether it’s a theater, a church, or a synagogue, and they should all be treated equally, every one.” 

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

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

Calif. Attorney General drags Little Sisters of the Poor back to court

WASHINGTON, D.C. – The Little Sisters of the Poor will go to court today, to defend themselves against a lawsuit by Attorney General of California Xavier Becerra, who is suing to take away the Sisters’ religious exemption from a Health and Human Services rule. In early October, HHS issued a new rule that protects religious non-profits like the Little Sisters of the Poor from providing services like the week-after pill in their healthcare plans in violation of their faith. The Little Sisters’ four-year legal ordeal was close to an end. Now the state of California is suing HHS to take away the Little Sisters’ religious exemption. Represented by Becket, the Little Sisters will be back in court to ensure that they can continue their vital ministry of caring for the elderly poor without violating their faith.  

What:
Hearing in State of California v. Hargan  

Who:
The Little Sisters of the Poor
Mark Rienzi, Senior Counsel at Becket  

When:
Today at 2 p.m. PST  

Where:
Ronald V. Dellums United States Courthouse
1301 Clay Street Oakland, CA 94612


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

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

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

Texas churches plead once again for disaster relief

WASHINGTON, D.C. – Three churches are once again asking a Houston federal court today for equal access to disaster relief. The filing comes after a judge rejected FEMA’s attempt in Harvest Family Church v. FEMA to delay their challenge and set a December 1 deadline for FEMA to change its position, which it has not. Since the devastation by Hurricane Harvey in late August, FEMA has denied houses of worship access to federal disaster aid grants while allowing all other kinds of non-profits to apply for and receive those grants. The churches are now asking the Houston federal court to grant them immediate access to disaster relief grants.

The following statement can be attributed to Daniel Blomberg, counsel at Becket:

“Especially when it comes to recovering from hurricanes, justice delayed is justice denied. The churches sought relief from the federal courts almost three months ago. Is it too much to ask that they get the access they need to recover from Hurricane Harvey? We are hopeful that the court will rule soon.”

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

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

Little Sisters of the Poor head back to court

WASHINGTON, D.C. – The Little Sisters of the Poor are heading back to court to defend themselves against lawsuits by the states of California and Pennsylvania to take away the Little Sisters’ religious exemption from the new Health and Human Services rule. In early October, HHS issued a new rule that protects religious non-profits like the Little Sisters of the Poor, Catholic nuns who dedicate their lives to caring for the elderly poor, from providing services like the week-after pill in their healthcare plans in violation of their faith. The new rule should mean that their lawsuit against the federal government will soon end.  

However, shortly after the new mandate was issued, the states of California and Pennsylvania sued to take away the religious exemption the Little Sisters just won. The Little Sisters of the Poor, represented by Becket, are asking the court to ensure that they can continue their vital ministry of caring for the elderly poor without violating their faith. Becket filed to intervene on the Sister’s behalf in California and Pennsylvania today.

The following statement may be attributed to Mark Rienzi, senior counsel at Becket and lead attorney for the Little Sisters of the Poor: “Sadly Josh Shapiro and Xavier Becerra think attacking nuns is a way to score political points. These men may think their campaign donors want them to sue nuns, but our guess is most taxpayers disagree. No one needs nuns in order to get contraceptives, and no one needs these guys reigniting the last administration’s divisive and unnecessary culture war.”  

What:
Press call to discuss Little Sisters’ intervention in Pennsylvania v. Trump and California v. Hargan.

Who:
Mark Rienzi, senior counsel at Becket 

When:
Tuesday, November 21 at 11:30 a.m. EST 

Press Call Information:
888-670-9385 | Pin #: 54523
Email [email protected] with questions 

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

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

Fairness at FEMA: White House asks Congress for firm fix

WASHINGTON, D.C. – Today, the Trump administration submitted a proposed disaster relief aid package calling for Congress to pass legislation that would erase a decades-old FEMA policy that discriminates against houses of worship. The proposed change comes one week after a Houston federal judge set a December 1 deadline for FEMA to change its position on its policy. The court deadline arose in Harvest Family Church v. FEMA, a lawsuit by three Texas churches asking for equal access to disaster aid relief. While the Administration’s proposed change is welcome, without quick action from Congress, it cannot help houses of worship that are suffering discrimination as they try to rebuild.

The three churches – Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God –sued FEMA in September because of the agency’s policy excluding houses of worship. The churches’ effort to end the discriminatory policy received broad support, including from the Chicago Tribune’s editorial board, members of the Congressional Black Caucus, a Houston synagogue, and the Archdiocese of Galveston-Houston. A vote on this issue in the U.S. House of Representatives four years ago received overwhelming bipartisan support, 354-72. But FEMA has steadfastly refused to end its policy, and has enforced it in the wake of disasters like Superstorm Sandy and Hurricane Katrina to deny aid to houses of worship, all while providing aid to private nonprofits such as zoos and community centers. If Congress accepts the administration’s urging, it would give houses of worship equal access to disaster relief grants.

“It’s about time. Hurricanes, tornadoes, and forest fires don’t discriminate in who they harm—FEMA never should have discriminated in who it helped,” said Daniel Blomberg, counsel at Becket, the non-profit religious liberty law firm that represents the churches. “Adopting the administration’s fix would be a big step in the right direction. But the fix will come too late for many houses of worship, especially with application deadlines looming and critical disaster repair ongoing. At this point, a judicial ruling is still urgently needed.”

Judge Keith Ellison heard arguments in the case on Tuesday, Nov. 7. Three days later he denied a request by Department of Justice lawyers to delay the case and gave FEMA a December 1 deadline to change its position or he would issue a ruling. In his opinion, the judge recognizes that the churches’ challenge is a “First Amendment case,” that the churches here have suffered “significant damage,” and that FEMA’s exclusionary policy is “fraught” with constitutional issues. Houses of worship were among the first to respond in Harvey’s aftermath and they continue to provide aid to their communities.

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

New Mexico kids await next chapter in textbook grant saga

WASHINGTON, D.C. – New Mexico’s low-income and minority children have a second chance at a quality education now that the New Mexico Supreme Court is reconsidering its earlier ruling against the State’s textbook lending program. Following its ruling in Trinity Lutheran earlier this year, the U.S. Supreme Court ordered the New Mexico Supreme Court to rethink its ruling in New Mexico Association of Nonpublic Schools v. Moses, which ended the textbook lending program under a constitutional provision that discriminates against religious schools.

The New Mexico textbook program was designed to promote equal access to a quality education for low-income and minority children, yet in 2014 the New Mexico Supreme Court ruled against it because some of those students attend religious schools. Yesterday, Becket filed a brief on behalf of the New Mexico Association of Nonpublic Schools urging the Court to uphold the textbook lending program.

“New Mexico has been lending textbooks to disadvantaged students for more than a century,” said Eric Baxter, senior counsel at Becket, which is defending the New Mexico Association of Nonpublic Schools and the state’s textbook program. “It makes no sense to punish kids for choosing to attend religiously affiliated schools, especially in lower-income communities.”

Anti-religion activists claim the textbook lending program violates the state’s Blaine Amendment, a 19th century anti-immigrant, anti-Catholic provision. The Blaine Amendments were designed to discriminate against a growing wave of Catholic immigrants to the United States and remain today in many state constitutions.

“From kicking Catholic immigrants out of polite society to kicking children out of a quality education, these provisions hurt the vulnerable and marginalized in society,” said Baxter. “It’s time to end the bigoted reign of Blaine.”

The New Mexico Supreme Court will now reconsider its ruling against the program in light of Trinity Lutheran v. Comer, with a decision expected next year.

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

Additional Information:                                             

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

Court starts countdown on FEMA religious discrimination

WASHINGTON, D.C. – This morning, a Houston federal judge rejected FEMA’s attempt to delay a challenge by three Texas churches asking for equal access to disaster relief aid. The judge also set a December 1 deadline for FEMA to change its position or he would issue a ruling. Since the devastation by Hurricane Harvey in late August, FEMA has denied houses of worship access to federal disaster aid grants while allowing other non-profits to apply. Today, Judge Keith Ellison’s ruling in Harvest Family Church v. FEMA suggests that the end may be near for the agency’s policy that explicitly discriminates against houses of worship because of their religious status.  

The three churches – Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God –sued FEMA on September 4, because of the agency’s policy of excluding churches. The churches received overwhelming support, including friend-of-the-court briefs filed by a Houston synagogue and the Archdiocese of Galveston-Houston. But since the start of the lawsuit, FEMA has continued to shut houses of worship out of the disaster relief grant application process. The ruling today repeatedly refers to the Supreme Court’s recent decision in Trinity Lutheran Church of Columbia, Inc. v. Comer, which ruled that the First Amendment requires religious groups to receive equal access to widely available public programs.  

“Christmas may come early for hard-hit houses of worship in Texas—the Court has set the clock ticking on FEMA’s irrational religious discrimination policy,” said Daniel Blomberg, counsel at Becket, the non-profit religious liberty law firm that represents the churches. “It can’t come soon enough.”  

Judge Ellison heard arguments in the case on Tuesday. Today, he denied a request by Department of Justice lawyers to delay the case and gave FEMA a December 1 deadline to change its position or he would issue a ruling. In his ruling today, the judge recognizes that the Churches’ challenge is a “First Amendment case,” that the Churches here have suffered “significant damage,” and that FEMA’s exclusionary policy is “fraught” with constitutional issues. 

“Discriminating against houses of worship—which are often on the front lines of disaster relief—is not just wrongheaded, it strikes at our nation’s most fundamental values,” said Blomberg.  

Houses of worship were among the first to respond in Harvey’s aftermath and they continue to provide aid to their communities. While the court heard arguments on Tuesday, Hi-Way Tabernacle was unloading several tractor trailers of food and goods for distribution to hundreds of people in their community. Bizarrely, FEMA’s current policy discriminates against churches while at the same time using them for its own relief efforts. The policy also stands in defiance of the recent Supreme Court ruling in Trinity Lutheran, which protects the right of religious organizations to participate in widely available programs on equal footing with secular organizations.     

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

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

Harvey-hit churches ask court for FEMA fairness

WASHINGTON, D.C. – Three Texas-based houses of worship were in federal court today challenging FEMA’s “no churches need apply” aid policy following the devastation of Hurricane Harvey. In Harvest Family Church v. FEMA, the three churches—like hundreds of flooded and damaged churches across Texas and other hurricane-devastated regions—have been denied access to FEMA’s disaster relief simply because they are religious. A ruling in this case will decide whether churches, synagogues, and other houses of worship across the nation will be allowed to apply for FEMA disaster relief grants. 

Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God filed a lawsuit against FEMA in September for denying them disaster aid. Over the past several weeks, these three churches – and many others – have applied for FEMA aid and were told that they are not eligible. Today, represented by Becket, the churches went to federal district court in Houston, arguing that FEMA’s discriminatory policy puts churches at the back of the line for aid, in violation of the First Amendment.   

“If the church was on fire, a fire truck would come to their aid. If there was a medical emergency, an ambulance would come to their aid. A natural disaster should be no different,” said Daniel Blomberg, counsel at Becket, the non-profit law firm representing the three churches. “These three churches helped their communities without discrimination, and FEMA should do the same.” (Watch full statement from Court)

Houses of worship were among the first to respond in Hurricane Harvey’s aftermath, and they continue to provide aid to their communities as they rebuild. Yet FEMA continues to discriminate against churches while at the same time using their buildings as relief staging centers. Its discriminatory policy defies the recent Supreme Court ruling in Trinity Lutheran v. Comer that protects the right of religious organizations to participate in widely available programs on equal footing with secular organizations.     

“Our message to FEMA is this: don’t mess with Texas churches,” said Blomberg. “FEMA has senselessly excluded churches long enough. We hope the Court will quickly put an end to FEMA’s discriminatory policy.”

The hearing took place in the Houston federal court and a ruling is expected in the coming month.

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

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

 

Churches and FEMA collide in Houston court today

WASHINGTON, D.C. – A Houston federal court will hear argument and possibly issue a ruling today Harvest Family Church v. FEMAa case that will decide whether flooded houses of worship in Texas can have access to certain disaster relief grants on equal footing with other non-profits. After Hurricane Harvey caused one of the worst natural disasters in U.S. history, Becket filed a lawsuit against FEMA on behalf of three devastated Texas churches—Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God—arguing that houses of worship should be allowed to have equal access to FEMA aid. Since the lawsuit was filed, all three churches – and many others – have been told by government officials that they are not eligible for FEMA aid, and First Assembly even had a grant application rejected explicitly and solely because it is a church. This issue affects all houses of worship including churches, synagogues, and mosques.   

What:
Oral Argument in Harvest Family Church v. FEMA 

Who:
Daniel Blomberg, counsel at Becket
Charles Stoker, pastor of Hi-Way Tabernacle

When:
Tuesday, November 7, at 3:30 p.m. CST 

Where:
U.S. District Court for the Southern District of Texas
515 Rusk Avenue
Courtroom 3−A
Houston, Texas 77002

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

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

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

Becket: People can’t be excluded from judicial service based on their religion

WASHINGTON, D.C. – Becket, a non-profit religious liberty law firm, joined several U.S. Senators and advocacy groups in speaking out today against the dangers of unconstitutional religious tests that exclude people from serving as judges or other federal officials because of their religious beliefs.

At a press conference at the United States Capitol this afternoon, Becket Senior Counsel Mark Rienzi spoke about the nomination of University of Notre Dame Professor Amy Coney Barrett to the United States Court of Appeals for the Seventh Circuit. Some have suggested that Professor Barrett is unfit for public service because of her Catholic faith. For example, Senator Dianne Feinstein (D-CA), told Professor Barrett at her judicial nomination that she was concerned about her Catholic religious beliefs, stating, “The dogma lives loudly within you.”

Rienzi stated: “It’s not just wrong to use Professor Barrett’s religious beliefs as a means to disqualify her—it’s unconstitutional. There is a long, ugly history of using religious tests to exclude Catholics, Presbyterians, Quakers, Methodists, Jews, Muslims, and atheists from public office. We shouldn’t repeat it.” (Watch his full statement on Twitter.)

Religious tests were used by England from the 16th to 19th centuries to exclude anyone not a member of the Church of England from running for public office, including Catholics, Presbyterians, Quakers, Methodists, Jews, Muslims and other dissenters and nonconformists. Today religious tests are strictly prohibited by our Constitution’s No-Religious-Test Clause, which states that “. . . no religious test shall ever be required as a qualification to any office or public trust under the United States.”

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

Additional Information:                                                        

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

Historic churches to court: we deserve preservation grants, too

WASHINGTON, D.C. – A group of historic churches went to the New Jersey Supreme Court today to defend their right to receive preservation grants and keep their older buildings standing. In FFRF v. Morris County Board of Freeholders, the Wisconsin-based atheist group Freedom From Religion Foundation claims that allowing historic churches to participate in historic preservation grant programs violates the New Jersey Constitution.

The following statement can be attributed to Hannah Smith, senior counsel at Becket: “Whether public restoration funds go to churches or to other buildings, they help preserve our nation’s rich history for the community and for future generations. From Boston’s Old North Church where Paul Revere hung two lanterns to the Ebenezer Baptist Church where Martin Luther King Jr. was pastor until his death, historic churches are still historic buildings, and they deserve to remain standing too.”

Between 2012 and 2015, Morris County provided preservation grants to 55 religious and nonreligious buildings. The program requires applicants to establish the historic significance of the building, and grants for churches are limited to preservation of the buildings’ exterior and structural elements.

Earlier this year in Trinity Lutheran, the U.S. Supreme Court protected a church’s right to participate in widely available public benefits programs, which would include Morris County’s historic preservation grant program. Becket along with Thomas A. Gentile of Wison Elser in Florham Park, New Jersey filed a friend-of-the-court brief defending Morris County’s grant program and the Catholic, Baptist, Episcopal, Methodist, and Presbyterian churches whose buildings have already benefited from the program. A decision can be expected in 2018.

For more information or to arrange an interview, contact Melinda Skea at [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:       

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

Federal court to decide fate of Native American sacred site

WASHINGTON, D.C. – Members of the Klickitat and Cascade Tribes went to court this morning, asking for justice after the government needlessly bulldozed their sacred burial grounds for a highway widening project (watch video). Following years of failed negotiations in Slockish v. U.S. Federal Highway Administrationthe government refuses to return the Tribes’ sacred artifacts or allow the tribes to return and rededicate the site. Today in court, the tribes argued that enough is enough.  

The highway project, begun in 2008, destroyed a sacred site located off Highway 26 near Mount Hood that included a stone altar, ancient burial grounds, a campground, and trees and medicine plants used for religious rituals. The tribes argued in court today that the Government could have widened the highway and simultaneously protected the sacred site by widening the opposite side of the road or using a retaining wall—as it did to protect nearby wetlands and a tattoo parlor. 

“The government has been destroying sacred Native American land for far too long,” said Carol Logan, elder of the Confederated Tribes of Grande Ronde“All we want is to practice our faith as our tribes have for centuries. We are hopeful that justice will be served and that our sacred spaces will at least be given the same protection as tattoo parlors.”   

Native Americans have lived in the areas surrounding Mount Hood for centuries. It has been the center of tribal quests, spiritual rituals, and sacred burial ceremonies long before this nation was founded. In 2006 the Oregon Department of Transportation announced a project to expand U.S. Highway 26, which follows portions of a traditional Native American trading route from Portland to Mount Hood. Tribal members alerted officials to the importance of the burial grounds as tribal members had done prior to previous government expansion plans. Yet this time the government refused to listen and approved the project, which bulldozed the ancestral burial grounds. Although the government left the other side of the highway untouched, the highway expansion covered the Natives’ ancestral grave sites, destroyed sacred stone markers, and removed safe access to the sites.  

The tribes are seeking justice under the Religious Freedom Restoration Act, the same law relied on by the Supreme Court to protect the Green family of Hobby Lobby and the Little Sisters of the Poor, to ensure that sacred places are respected for people of all faiths. 

“The saddest thing about this case is that this destruction never had to happen. The government had numerous alternatives for widening the highway without harming the sacred site,” said Stephanie Barclay, counsel at Becket. “The court did not seem to take kindly to the government’s extreme argument that it can destroy Native American sacred spaces with impunity.” 

Wilbur Slockish, Johnny Jackson, and Carol Logan are joined in their lawsuit by the Cascade Geographic Society and the Mount Hood Sacred Lands Preservation Alliance. They are represented by Becket, together with Seattle-based law firm Patterson Buchanan Fobes & Leitch and Oregon City attorney James Nicita. 

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

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

Historic churches to court: We deserve preservation, too

WASHINGTON, D.C. – A group of historic churches will defend their right to receive historic preservation grants on Tuesday, October 23, at the New Jersey Supreme Court. In FFRF v. Morris County Board of Freeholders, the Wisconsin-based atheist group Freedom From Religion Foundation claims that the New Jersey Constitution forbids churches from participating in preservation grant programs available to all historic buildings. Yet earlier this year in Trinity Lutheran, the U.S. Supreme Court protected a church’s right to participate in generally available public benefits programs, which would include Morris County’s historic preservation grant. Becket filed a friend-of-the-court brief defending Morris County’s grant program and in support of the Catholic, Baptist, Episcopal, Methodist, and Presbyterian churches whose buildings have benefited from it. 

What 
Oral Argument in FFRF v. Morris County Board of Freeholders 

When: 
Hearing begins October 23, 2017 at 10 a.m. EST  

Where: 
The Supreme Court of New Jersey  
25 Market Street, Trenton, New Jersey, 08611 

Who:
Becket Senior Counsel Hannah Smith
will be available for comment immediately following the hearing. 

For more information or to arrange an interview, contact Melinda Skea at [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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

Court to decide fate of sacred Native American burial ground

WASHINGTON, D.C. – Members of the Klickitat and Cascade Tribes of the Yakama Nation will be in court on October 23, in Portland, Oregon, asking for justice after the Federal Highway Administration needlessly bulldozed their sacred burial site when widening a highway. In Slockish v. U.S. Federal Highway Administrationthe government could have easily widened the highway and simultaneously protected the sacred site by widening the opposite side of the road or using a retaining wall—as it did to protect nearby wetlands and a tattoo parlor. But in 2008, the government ignored the tribal members’ request and destroyed one of their most sacred places where they worshiped for generations.

After years of failed negotiations, the government still refuses to return the Tribes’ sacred artifacts or allow the tribes to return and rededicate the site. On October 23, a federal court in Portland will hold a pivotal hearing that will decide the future of the sacred site. Trump administration lawyers claim that they had authority to destroy the site. The tribes are asking for protection under the Religious Freedom Restoration Act (RFRA), the same law the Supreme Court relied on to protect the Green family of Hobby Lobby and the Little Sisters of the Poor.   Oral Argument in Slockish v. U.S. Federal Highway Administration

Who:
Stephanie Barclay, counsel at Becket
Carol Logan, member of the Confederated Tribes of Grande Ronde 

When:
Hearing begins October 23, 2017 at 9:30 a.m. PST and will last approximately one hour
Press conference will immediately follow  

Where:
Mark O. Hatfield United States Courthouse, Room 12B
1000 Southwest Third Avenue
Portland, Oregon 97204-2939  

Plaintiff Carol Logan and Becket attorney Stephanie Barclay will be available for comment immediately following the hearing. 

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

Additional Information: 

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

FEMA tells tall tales in Texas

WASHINGTON, D.C. – FEMA invited hurricane-hit houses of worship to apply for aid in Houston, yet new evidence submitted in court yesterday shows that FEMA continues to deny aid to numerous churches across Texas in need of disaster relief. In Harvest Family Church v. FEMAthree small Texas churches are challenging FEMA’s aid policy after the devastation of Hurricane Harvey. Although FEMA uses churches as staging areas for its relief efforts, it denies them aid grants simply because they are religious. 

Last month, Becket filed a lawsuit against FEMA on behalf of Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God. In an attempt to delay a court ruling, FEMA claimed that churches are welcome to apply for aid despite its “no churches need apply” policy. But over the past several weeks, these three churches – and many others – have been told that they are not eligible, and one even had a grant application rejected.  

Yesterday Becket told the court, “government officials . . . stated that Hi-Way Tabernacle and Harvest Family Church were ‘absolutely not eligible’ for PA grant funds under FEMA’s policy.” Government officials also admitted that they are telling other churches the exact same thing.  

Pastor Bruce Frazier of Rockport First Assembly of God told the court: “I have been working on emergency repairs and recovery efforts at the church 10 hours a day, six days a week since the hurricane.” Pastor Frazier explained to the court that he took several hours away from working on repairs to the church in order to apply for the grant he was offered, only to have it denied.  

Houses of worship were among the first to respond in Harvey’s aftermath, and they continue to provide aid to their communities. Yet FEMA continues to discriminate against churches while, at the same time, using them for its own relief efforts. Their discriminatory policy stands in defiance of the recent Supreme Court ruling in Trinity Lutheran v. Comer that protects the right of religious organizations to participate in widely available programs on equal footing with secular organizations.     

“FEMA isn’t just sending churches to the back of the line, it’s telling them don’t bother lining up,” said Diana Verm, legal counsel at Becket, the non-profit law firm representing the three churches. “FEMA should stop wasting time, do the right thing, and help churches help others.” 

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

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

Court ruling threatens churches with nearly $1 billion in new taxes

WASHINGTON, D.C. – Religious leaders of all faiths received a devastating blow late Friday following a court ruling that would end the “parsonage allowance,” a longstanding tax provision. The ruling in Gaylor v. Mnuchin breaks nearly 65 years of precedent and threatens churches across the country with nearly $1 billion in new taxes. It states that the parsonage allowance “violates the establishment clause because it does not have a secular purpose or effect and because a reasonable observer would view the statute as an endorsement of religion.”  

For nearly 100 years, pastors, rabbis, imams and other faith leaders—whose jobs require them to live close to their church or in an underserved community—have been eligible for the parsonage allowance. This tax provision ensures that faith leaders like South Side, Chicago-based pastor Chris Butler receive the same tax treatment as other employees who must live in the communities they serve—like military service members, teachers, and overseas workers. In 2014, the Freedom From Religion Foundation (FFRF), an atheist group, sued the IRS to prevent faith leaders from receiving equal tax treatment, threatening the viability of hundreds of thousands of churches and the communities they serve. 

“This decision is crippling to the equal treatment of our nation’s faith leaders—but it will not stand,” said Pastor Chris Butler of the Chicago Embassy Church. “Our job and our life’s purpose are one and the same: to serve our congregations and our communities 24/7. Living close to our faith communities is vital to our missions, and we should not face discriminatory tax penalties for doing so.” 

The leader of a predominantly African-American congregation, Pastor Butler devotes his life to serving his community by mentoring at-risk youth, decreasing neighborhood violence, and feeding and clothing the homeless in Chicago’s poorest neighborhoods. In this lawsuit, Becket argued that ending the parsonage allowance would discriminate against religious groups by treating them differently than many other secular employees who receive similar tax treatment on their housing allowances. Getting rid of the parsonage allowance would also harm their religious mission by diverting scarce resources away from vital ministries and would force leaders like Pastor Butler to move further away from his congregation or take up a second job, robbing the community that needs him. It would also force other churches to close altogether.  

“It’s not unconstitutional for the federal government to treat faith leaders the same as other secular employees in their housing allowances. In fact, treating them differently would be discrimination against religion, pure and simple,” said Hannah Smith, senior counsel at the non-profit religious liberty law firm Becket.  

Becket intervened in the case in January 2017 on behalf of Pastor Chris Butler and Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia. The churches will appeal this decision to the Chicago-based United States Court of Appeals for the Seventh Circuit, with a decision expected in 2018. 

For more information or to arrange an interview with a Becket attorney, please contact MelindaSkeaat [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.  

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

HHS finally protects Baptist universities

WASHINGTON, D.C. – A new HHS mandate rule announced this morning will at least temporarily protect East Texas Baptist University and Houston Baptist University from providing items such as the week-after pill in their healthcare plan against their religious beliefs. Under the interim rule, the federal contraceptive mandate will remain in place for most employers but will now include an exemption for religious groups, including religious universities.  

The rule aligns with the Supreme Court’s unanimous ruling last year protecting the universities in Zubik v. Burwell that the government cannot fine the religious groups for following their faith. The contraceptive mandate issue went to the Supreme Court five times, and each time the Supreme Court ruled in favor of protecting religious groups.    

“We are thankful that HHS has seen the light and issued this new rule,” said ETBU President Dr. Blair Blackburn. “Our goal is to provide excellent Christ-centered education while remaining true to our Baptist beliefs. This case is at the core about protecting the constitutionality of our institution’s religious liberty to follow the tenets of our faith rooted in God’s truths.” 

“We are glad the government has finally listened to the Supreme Court,” said HBU President Dr. Robert Sloan. “Our mission has always been driven by our faith, and all we have ever wanted was to live out that faith in every aspect of what we do.” 

The interim final rule takes effect immediately, but can be revised by HHS before being issued as final. The rule strikes a balance between the government’s interests in contraceptive access and religious liberty by retaining the Obama Administration’s overall contraceptive mandate but adding a targeted religious exemption.

With an interim rule now in place, the ongoing court battles between religious groups and the federal government may be resolved soon. The interim rule acknowledges that the earlier mandate violated the universities’ religious liberty and that there are many other ways to obtain contraceptives. 

“This is a victory for common sense at HHS. Now we need the lawyers at the Department of Justice to follow through too,” said Eric Rassbachdeputy general counsel with Becket.   

Today’s interim rule also affects other Becket clients, including the Little Sisters of the Poor, Christian Brothers Services, Christian Brothers Employee Benefit Trust, Reaching Souls International, Truett-McConnell College, GuideStone Financial Services of the Southern Baptist Convention, Colorado Christian University, Wheaton College, Ave Maria University, Belmont Abbey College, and Eternal Word Television Network. 

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

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

HHS finally protects Little Sisters of the Poor

WASHINGTON, D.C. – A new HHS mandate rule announced this morning will at least temporarily protect the Little Sisters of the Poor from providing services such as the week after pill in their healthcare plan against their religious beliefs. Under the interim rule, the federal contraceptive mandate will remain in place for most employers but will now include an exemption for religious groups.  

The rule aligns with the Supreme Court’s unanimous ruling last year protecting the Little Sisters in Zubik v. Burwell protecting the Little Sisters, which says the government cannot fine the religious groups for following their faith. The contraceptive mandate issue went to the Supreme Court five times, and each time the Supreme Court ruled in favor of protecting religious groups.   

“The new rule is a victory for common sense,” said Mark Rienzi, senior counsel with Becket. “The previous administration pursued a needless and divisive culture war. It was always ridiculous to claim you need nuns to give out contraceptives. This new rule shows that you don’t.”  

The interim final rule takes effect immediately, but can be revised by HHS before being issued as final. The rule strikes a balance between contraceptive access and religious liberty by retaining the Obama Administration’s contraceptive mandate but adding a targeted religious exemption.  

“It should be easy for the courts to finalize this issue now that the government admits it broke the law. For months, we have been waiting for Department of Justice lawyers to honestly admit that fact, like the President did in the Rose Garden five months ago,” said Rienzi. “Now that the agencies admit the mandate was illegal, we expect the leadership of the Department of Justice will cooperate in getting a final court resolution so the Little Sisters can stop thinking about lawyers and mandates and return to spending all their energies caring for the elderly.”  

With an interim rule now in place, the ongoing court battles between religious groups and the federal government may be resolved soon. The interim rule acknowledges that the earlier mandate violated the Little Sisters’ religious liberty and that there are many other ways to obtain contraceptives. 

Today’s interim rule also affects other Becket clients, including Christian Brothers Services, Christian Brothers Employee Benefit Trust, Houston Baptist and East Texas Baptist Universities, Reaching Souls International, Truett-McConnell College, GuideStone Financial Services of the Southern Baptist Convention, Colorado Christian University, Wheaton College, Ave Maria University, Belmont Abbey College, and Eternal Word Television Network. 

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

 

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

Press Call: Implications of new HHS Rule on Little Sisters of the Poor lawsuit

WASHINGTON, D.C. – A new HHS mandate announced moments ago now provides an exemption for religious groups, including the Little Sisters of the Poor and other religious charities, while maintaining the existing federal contraceptive mandate for most employers. The interim rule aligns with the Supreme Court’s ruling last year in Zubik v. Burwell that the government cannot fine the religious groups for following their faith.   

There will be a press call at noon EST today to discuss the new rule and what it means for the Little Sisters’ ongoing lawsuit.  

The following statement may be attributed to Mark Rienzi, senior counsel at Becket and lead attorney for the Little Sisters of the Poor: “HHS has issued a balanced rule that respects all sides– it keeps the contraceptive mandate in place for most employers and now provides a religious exemption. The Little Sisters still need to get final relief in court, which should be easy now that the government admits it broke the law.” 

What:
Press call to discuss new HHS Mandate protecting the Little Sisters of the Poor 

Who:
Mark Rienzi, senior counsel at Becket 

When:
Oct. 6, 2017 at 12:15 pm EST 

Press Call Information:
888-670-9385 | Pin #: 54523
Email [email protected] with questions 

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

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

Fourteen states and major Jewish groups defend historic cross

WASHINGTON, D.C. – Fourteen states, five major Jewish groups, municipal workers, and a community service organization led a groundswell of support for a historic cross under attack in Pensacola, Florida. The broad coalition of religious and secular groups are urging the federal appeals court in Kondrat’yev, et al v. City of Pensacola to protect the 76-year-old landmark from being torn down. 

The cross was placed in Pensacola’s 28-acre Bayview Park in 1941 by a local community service group as the U.S. prepared to enter World War II. For decades, community events have been held at the cross, including Veterans Day and Memorial Day services. The cross is now one of more than 170 displays in Pensacola’s many parks and serves as a symbol of the city’s history and culture. But in June a federal judge ordered that the cross must be torn down. The city has now appealed.   

“Pensacola has played a pivotal role in American history, and it should be able to celebrate its history,” said Pensacola Mayor Ashton Hayward. “We’re grateful for this strong show of support from around the country.”

Lawsuits like this one, based on offense at religious symbols “encourage the erasure of minority religions from public life,” said the friend-of-the-court brief of five Jewish groups. 

“The district court’s reasoning would threaten countless monuments,” like “veterans’ memorials that contain religious imagery including crosses, citations to scripture, and the like,” said the friend-of-the-court brief of fourteen states. 

The cross stood for almost 75 years without complaint. But in 2016, the American Humanist Association sued the city of Pensacola on behalf of four people who said the cross was “offensive.”  

“The public square can and should reflect the important role that religion plays in our history and culture,” said Luke Goodrich, deputy general counsel at Becket, which is defending the City of Pensacola. “We don’t have to censor our history and culture just because part of it is religious.”  

The fourteen states and five Jewish organizations were joined by JCI Florida, a community service group and successor to the organization that originally donated the cross, and the International Municipal Lawyers Association, which speaks out on issues of interest to cities around the country. Becket is representing the City of Pensacola and Mayor Ashton Hayward.    

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

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

Archdiocese, synagogue: Court must fix FEMA policy

WASHINGTON, D.C. – Two Houston religious groups hit by Hurricane Harvey, the Archdiocese of Galveston-Houston and the Congregation Torah Vachesed synagogue of Houston, urged a federal court to immediately end a FEMA policy that denies houses of worship equal access to disaster relief. The groups submitted friend-of-the-court briefs in Harvest Family Church v. FEMAwhere three small Texas churches are challenging  FEMA’s aid policy in the wake of the massive late-August natural disaster. The briefs highlight ways houses of worship responded in Harvey’s aftermath and continue to provide aid to their local communities, and point out FEMA’s unfairness in discriminating against churches while using them as staging grounds for its relief efforts.

Last month, Becket filed a lawsuit against FEMA on behalf of Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God. The lawsuit argues that, consistent with the Supreme Court’s 7-2Trinity Lutheran Church decision, churches have the right to participate equally in generally available programs with other nonprofit organizations. This week’s briefs support the churches’ arguments and counter FEMA’s attempts to delay a ruling by the court.

The Archdiocese of Galveston-Houston highlighted relief efforts by religious communities, including nuns like Sister Margaret Ann, “who was caught on tape wielding a chainsaw in her habit and clearing debris after Hurricane Irma.” The Congregation Torah Vachesed synagogue’s brief noted that “an estimated 71 percent of Houston’s Jewish population lived in areas that experienced massive flooding,” which damaged “seven major Jewish community institutions . . . includ[ing] three of the five largest synagogues in Houston.”  It also criticized FEMA’s for saying the court should wait to rule on the case until years from now, after FEMA finally rejects church applications, saying “[a] flooded synagogue has no time to spare to file a claim that FEMA has already made clear is doomed.”

The two religious groups are represented by prominent Houston firms. The Archdiocese is represented by Michael Bennett and Richard Husseini of Baker Botts LLP. And Congregation Torah Vachesed, which was joined by the national Jewish religious liberty group Jews for Religious Liberty, is represented by Jamie Aycock of Kirkland & Ellis LLP.

“Hard-hit houses of worship shouldn’t be denied a place at the table just because FEMA thinks they’re ‘too religious,’” said Diana Verm, legal counsel at Becket, the non-profit law firm representing the three churches. “FEMA should drop its phobia of religion and get back to focusing on helping communities rebuild.”

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

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

Becket Hails Nomination of Kyle Duncan to Appeals Court

WASHINGTON, D.C. – Today, President Trump announced his nomination of the Becket Fund for Religious Liberty’s former General Counsel S. Kyle Duncan to serve as a federal judge on the Fifth Circuit Court of Appeals in New Orleans. Becket, a non-profit law firm dedicated to protecting the free expression of all religious faiths, praised the nomination.

“President Trump has hit a home run with Kyle Duncan,” said Montserrat Alvarado, executive director of Becket. “While at Becket, Kyle demonstrated his commitment to the equal protection of all Americans by defending the religious liberty of people of all faiths. Under his leadership, Becket helped a Sikh woman win the right to work for the federal government without violating her faith, helped Jewish prisoners obtain kosher meals, and helped Catholic nuns remain free to care for the elderly poor.”

From 2008-2012, Kyle served as Louisiana’s first Solicitor General and then as General Counsel of Becket from 2012-2014. He currently runs his own firm in D.C.

“Americans of all faiths should welcome Kyle’s nomination,” said Bill Mumma, president of Becket. “Very few lawyers have demonstrated the kind of empathy and understanding of people of many different backgrounds that Kyle has. He is an intelligent, upstanding man who will do great service for the Court and for all Americans.”

The Senate will consider Duncan’s nomination later this year.

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

Pensacola counters attack on historic cross

WASHINGTON, D.C. – A historic cross that has stood in a Pensacola park since World War II should not be torn down, the City of Pensacola told a federal appeals court. The cross is one of more than 170 displays in the city’s many public parks, but four people sued the city in 2016 claiming that the cross is “offensive.” A federal judge ordered that the monument must be removed, but the city has now appealed. 

The cross was placed in Pensacola’s Bayview Park in 1941 for a community gathering organized by a local community service group as the U.S. was on the verge of entering World War II. Pensacola, known as the “Cradle of Naval Aviation,” was heavily impacted by World War II. For decades, community events have been held at the cross, including Veterans Day and Memorial Day services. Today the cross continues to serve as a symbol of the city’s history and culture.

“Pensacola has a rich history, and it shouldn’t have to censor that history just because part of it is religious,” said Luke Goodrich, deputy general counsel at Becket, which is defending the City of Pensacola. “The constitution doesn’t treat religion like a nasty habit that must be hidden from public view; it treats it as a natural and valuable part of human culture. Pensacola can treat religion the same way.”  

Last year, the American Humanist Association sued the city on behalf of four people who said the cross was offensive. Two of those people live in Canada; the third lives outside the city; and the fourth has used the cross for his own “satanic purposes.” One of the plaintiffs had visited the cross for 23 years before filing the lawsuit. 

A federal judge ruled in Kondrat’yev v. City of Pensacola that the cross “is part of the rich history of Pensacola,” and that “the enlightened patriots who framed our constitution would have most likely found this lawsuit absurd,” but that his hands were tied by a 30-year-old decision from the appeals court, and so the cross must come down. That appeals court will now decide the cross’s fate.   

“This cross has been a positive symbol of unity for this community for over 75 years. One contrived lawsuit should not be allowed to tear it apart,” said Goodrich 

Becket is representing the City of Pensacola and Mayor Ashton Hayward, and Becket attorneys are available for comment.    

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

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

Armando Valladares Speech Transcript

I am not an extraordinary man, and I am quite ordinary. But God chose me for something quite extraordinary.

When I was 23 years old I refused to do something that at the time seemed very small. I refused to say a few words, “I’m with Fidel.” First I refused the sign on my desk at the postal office that said that, and after years of torture and watching many fellow fighters die, either in body or in spirit, I still refused to say those words.

If I just said those three words, I would have been released from prison.

My story is proof that a small act of defiance can mean everything for the friends of liberty. They did not keep me in jail for 22 years because my refusal to say three words meant nothing. In reality those three words meant everything.

For me to say those words would constituted a type of spiritual suicide. Even though my body was in prison and being tortured, my soul was free and it flourished. My jailers took everything away from me, but they could not take away my conscience or my faith.

Even when we have nothing, each person and only that person possesses the key to his or her own conscience, his or her own sacred castle. In that respect, each of us, though we may not have an earthly castle or even a house, each of us is richer than a king or queen.

The Little Sisters of the Poor know this. They may be called the Little Sisters of the Poor, and yet they are rich in that they live out their conscience, which no government bureaucrat can invade. They know what my body knows after 22 years of cruel torture: that if they sign the form, the government demands they will be violating their conscience and would commit spiritual suicide. If they did this they would forfeit the true and only wealth they have in abandoning the castle of their consciences.

And so I salute the Little Sisters of the Poor for their seemingly small act of defiance!

I am here to tell you that every little act counts. No man or woman is too small or simple to be called to bear witness to the truth. I’m here to remind you that each of you possesses great wealth in the sacred domain of your conscience. And I’m here to tell you that each of you is called to stay true.  I am also here to tell you that when you make that choice, from that moment forward, even if you are naked, in solitary confinement for 8 years, you are never alone because God is there with you.

For many of you, particularly the young people, it may seem I come from a faraway land from a long time ago. Young friends, you may not be taken away at gunpoint, as I was for staying true to my conscience, but there are many other ways to take you away and to imprison your body and your mind. There are many ways you can be silenced, in your schools, your universities, in your workplace.

I warn you: Just as there is a very short distance between the US and Cuba, there is a very short distance between a democracy and a dictatorship where the government gets to decide what to do, how to think, and how to live. And sometimes your freedom is not taken away at gunpoint but instead it is done one piece of paper at a time, one seemingly meaningless rule at a time, one small silencing at a time. Never allow the government–or anyone else–to tell you what you can or cannot believe or what you can and cannot say or what your conscience tells you to have to do or not do.

As I look around this room I am heartened. And I want to applaud each of Becket’s clients for, in staying true to your conscience and in standing up for religious liberty, each of you protects this exceptional country of ours. A country that is not perfect but nevertheless still allows us to live in a society where we can hold a different view from each other and a different view from the government.

Thank you for this award.  I accept it in the name of the thousands of Cubans that used their last breath to express their own religious freedom, by shouting, as they faced execution: “Long Live Christ the King.” I accept it in the name of those who still suffer in Cuba–a country that in the last two years alone has destroyed more than 300 churches and houses of worship persecuting Baptists, Methodists, Anglicans and confiscating their Bible and crosses while beating their pastors and parishioners. I accept it in the name of the Jewish community in Cuba who, even at such small numbers, is also still persecuted. Finally, I accept this award in the name of my wife.  It is really her that deserves it, not me. All of you have heard the story of Penelope, who waited 20 years for Ulysses. Martha is a real life Penelope. But she didn’t stay home knitting. She traveled all over the world campaigning for my release. She waited for me. She always hoped and trusted in God that we would both be reunited Against All Hope.

Thank you.

 

Historic churches plead for preservation

WASHINGTON, D.C. – The small town of Acton, Massachusetts was in court today standing up against an anti-religious group’s attempt to exclude church buildings from historic preservation programs. In Caplan v. Town of Acton, Americans United for Separation of Church and State says preservation grants can be used for all sorts of historic buildings – just not churches and synagogues. This case comes on the heels of June’s U.S. Supreme Court decision in Trinity Lutheran v. Comer that said that the government can’t block churches from participating on an equal basis in widely available public grant programs. Becket filed a friend-of-the-court brief defending the churches’ right to receive preservation funds on an equal footing with other historic buildings.  

The following statement can be attributed to Joseph Davis, legal counsel at Becket:  

The most surprising thing about today’s argument was the lengths Americans United went to try and save its case. They argued Old North Church, made famous by Paul Revere’s ride, can receive historic preservation funds because it isn’t really a church anymore—notwithstanding its weekly congregation. They even attacked church steeples in the town’s skyline as somehow inherently “troubling.” But Acton has had it right all along: historic church buildings are an important part of our history and they should be preserved for generations to come. 

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

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

Court protects small-town prayer from pagan activist

WASHINGTON, D.C. – A federal appeals court rejected a one-man crusade to eliminate the long-standing tradition of allowing county commissioners to open their meetings in prayer. In Bormuth v. County of Jackson, the court rejected pagan activist Peter Bormuth’s lawsuit against the county of Jackson, Michigan, addressing an important church-state issue that will likely set up the need for Supreme Court review because of its conflict with another recent ruling.

In 2014, the U.S. Supreme Court unanimously protected legislative prayer in its Town of Greece v. Galloway decision, which required courts to consult history to interpret the Constitution’s Establishment Clause. Yet Bormuth attempted to dodge that ruling by using the discredited Lemon test to end the county’s prayer practice. The ruling by the full U.S. Court of Appeals for the Sixth Circuit in Cincinnati directly disagrees with a very similar case, Lund v. Rowan County, in the Fourth Circuit in North Carolina.

“The Court was right to look to our nation’s history—and not the archaic Lemon test—to interpret the Establishment Clause” said Daniel Blomberg, counsel at the non-profit, religious liberty law firm Becket. “And the court’s strong disagreement with a very similar case just decided in the Fourth Circuit means that the Supreme Court will soon have the chance to provide much-needed clarity in this area of the law.”

Legislators have opened meetings in prayer since before the founding of the country, and no one considered it to be an establishment of religion. As Becket explained in the friend-of-the-court brief that it filed with Stanford Law School Professor Michael McConnell, the Founders understood an establishment of religion to be government control of the church or government attempts to force people into or out of a church.

Yet the Lemon Test, named after the 1971 Lemon v. Kurtzman case, ignores history and encourages anti-religious activists to file lawsuits against religious expression, including monuments to fallen soldiers and the national motto “In God We Trust” in U.S. currency. Town of Greece and yesterday’s Bormuth decision are important steps to ensuring that the Establishment Clause is interpreted in the same way the rest of the Constitution is: by analyzing it through its historical context.

“Small-town officials and weary judges shouldn’t be held hostage to activists determined to fight over anything that hints at religion in public life. Today’s ruling reconnects the First Amendment with its historical roots, and helps prevent future divisive church-state lawsuits,” said Blomberg.

Jackson County is represented by Allison Ho of Morgan, Lewis & Bockius, LLP, and Hiram Sasser and Kenneth Klukowski of First Liberty Institute.

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

Texas churches damaged by Harvey sue FEMA

WASHINGTON, D.C. – In the wake of Hurricane Harvey’s unprecedented destruction, flooded churches in Texas have sued the Federal Emergency Management Agency, seeking equal access to disaster relief grants available to other non-profits. In Harvest Family Church v. FEMA, three small Texas churches damaged by Harvey are challenging a FEMA policy that bans them from applying to its relief program simply because they are religious.  

While many private nonprofit organizations, such as museums and zoos, qualify for FEMA’s relief programs to help make basic structural repairs and begin rebuilding, churches, synagogues, and other houses of worship are denied access to grants. FEMA’s policy violates the Constitution, as the Supreme Court recently ruled 7-2 in Trinity Lutheran protecting the right of religious organizations to participate in generally available programs on equal footing with secular organizations. Becket has filed a lawsuit in Houston federal court against FEMA on behalf of Harvest Family Church, Hi-Way Tabernacle, and Rockport First Assembly of God arguing that these churches have the same right to apply for disaster relief grants as other nonprofit organizations.  

“We’re just picking up the pieces like everyone else. And we just want to be treated like everyone else,” said Paul Capehart of Harvest Family Church. “Our faith is what drives us to help others. Faith certainly doesn’t keep us from helping others, and we’re not sure why it keeps FEMA from helping us.”

FEMA has previously praised churches and religious ministries and the valuable shelter and aid they provide to disaster-stricken communities, and regularly uses houses of worship to set up relief centers. In fact, just as it did after Hurricanes Rita and Ike, FEMA and local government agencies are currently using Hi-Way Tabernacle to shelter dozens of evacuees, distribute meals, and provide medical care. Yet Hi-Way is not eligible for relief for the three-foot flood it suffered in its sanctuary, simply because it primarily uses its building for religious purposes.  

FEMA has repeatedly denied disaster assistance funds to countless houses of worship in the wake of disasters like Hurricane Katrina and Superstorm Sandy, including a Jewish Chabad, a homeless shelter church ministry, and a Unitarian Universalist church. At the same time, FEMA gave aid to an octopus research center, a botanical garden, and community centers that provide sewing classes and stamp-collecting clubs.  

“Houses of worship are playing a vital role in helping Texans recover from this horrible storm,” said Verm“It’s time for FEMA to start helping the helpers, not continue a policy of irrational discrimination against churches.” 

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

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

Fired for observing Passover, Jewish woman asks Supreme Court to hear her case 

For Immediate Release:  August 28, 2017 

Media Contact:  Melinda Skea | [email protected] | 202-349-7224 

WASHINGTON, D.C. – An Orthodox Jewish woman who was fired from her job at the Metropolitan Washington Airports Authority for observing Passover is asking the nation’s highest court to hear her case. Last month, in Abeles v. Metropolitan Washington Airport Authority, Susan Abeles appealed to the Supreme Court to hold her former employer accountable for unjustly firing her from her job of 26 years for observing the first two and last two days of Passover. A ruling from the high court could protect the right of all religious federal employees to live their faith without fear of losing their jobs. 

Susan Abeles was a statistician at the Metropolitan Washington Airports Authority (MWAA), the government agency that operates both Reagan National and Dulles International Airports, for 26 years. She observed Passover every year without incident until 2013, when she was punished and forced to retire despite following leave protocol. Today, Becket and Jews for Religious Liberty, an association of Jewish lawyers and rabbis, filed a friend–of-the-court brief asking the Supreme Court to hear Ms. Abeles’ case, arguing that the lower court decision “will inhibit Jewish religious exercise within the federal workplace and could easily result in a de facto government hiring ban on Orthodox Jews.” 

“Talk about chutzpah,” said Eric Rassbach, deputy general counsel at Becket, a non-profit religious liberty law firm. “The Airports Authority says it was okay to fire Ms. Abeles for observing Passover because it hasn’t said anything openly anti-Semitic. If that becomes the rule, then federal agencies will have a license to terminate all of their religious employees, as long as they are careful to hide their tracks. Even Pharaoh honestly admitted that he was discriminating against Jews.” 

Jewish religious law prohibits work during the first two and last two days of Passover. Millions of Orthodox Jews like Ms. Abeles have observed this important holiday for thousands of years. Despite following the MWAA’s leave policy for decades, Ms. Abeles was accused of not following protocol and forced into retirement in 2013. She sued the MWAA, which claims it is exempt from both the federal Religious Freedom Restoration Act (RFRA) and the Virginia religious freedom laws, giving it free rein to avoid all anti-discrimination laws. In July 2017 Ms. Abeles, asked the Supreme Court to hear her case. 

“The Airports Authority claiming to be above the law adds insult to injury,” said Rassbach. “The Supreme Court should take this case to ensure that people of all faiths can observe their deeply held beliefs in the federal workplace without facing discrimination or being forced out of their jobs.”  

Ms. Abeles is represented by Nathan Lewin of Lewin & Lewin. 

 

Pastors tell IRS: “Stay out of our sermons!”

WASHINGTON D.C. – A group of religious leaders is fighting to keep the government from censoring their worship services. In FFRF v. Trump, the Freedom From Religion Foundation (FFRF) is asking a Wisconsin federal court to order the IRS to enforce its regulations that explicitly forbid pastors, priests, imams, and rabbis to speak to their congregations on important issues where politics and faith overlap. But as a group of religious leaders including Chicago-based Reverend Charles Moodie told the court last night, neither the government nor FFRF should be in the business of editing sermons.  

Reverend Moodie is an inner-city Chicago pastor who ministers in a neighborhood plagued by violence, drugs and poverty. He preaches about social and political issues that affect his congregation, including protecting the most vulnerable in society. But for decades, relying on a 1954 law known as the Johnson Amendment, the IRS has ordered churches to censor their sermons on certain issues, and threatened massive punishment if churches don’t toe the line. Legal scholars on all sides of the political spectrum have called the IRS’s intrusive rule “indefensible” and “one of the most sweeping violations of the First Amendment in American history.” In May, President Trump issued an Executive Order stating that the IRS should not enforce the rules. FFRF then filed its lawsuit to demand that the IRS start enforcing the pulpit speech restrictions despite the Executive Order.  

“Pastors, priests, imams, and rabbis shouldn’t have to get the IRS’s permission just to preach candidly to their congregations,” said Daniel Blomberg, legal counsel at Becketa non-profit religious liberty law firm that defends people of all faith. “IRS sermon censorship is bad for the church and it’s bad for the state. This is one place where a little more separation of church and state would go a long way.”  

Last night, the Department of Justice told the court hearing FFRF’s case that President Trump’s May promise was meaningless, and that FFRF should ignore the IRS’s stance against pulpit speech. Becket has asked the Court to instead reject FFRF’s suit outright as a violation of the separation of church and state. In addition to Reverend Moodie, Becket is also representing Wisconsin-based Pastor Koua Vang of Hmong Baptist Ministry, Father Patrick Malone, and Father Malone’s church, Holy Cross Anglican Church of Milwaukee.  

“While Americans have good-faith disagreements about religion and politics, we should all agree that the taxman has no business telling religious leaders what to say during worship services,” said Blomberg 

This is the second time in three years FFRF has tried to silence faith. Becket intervened to protect pastors’ right to preach without government censorship two years ago, in FFRF v. Koskinen, prompting FFRF to retreat and dismiss its lawsuit.  

For more information or to arrange an interview with a Becketattorney, contact Melinda Skea at[email protected]or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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

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 [email protected] 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. 

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

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 [email protected]  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

Additional Information:   

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

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.

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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 [email protected] 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 [email protected] 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:        

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

Court 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 [email protected] or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

 

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

Pensacola 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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).

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] 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.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

 

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.

 

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

 

Breaking: 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 [email protected] 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.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

Christian printer wins free speech case

For Immediate Release:  May 12, 2017
Media Contact: Ryan Colby | [email protected] | 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 [email protected] or 202-349-7219. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Additional Information:

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Additional Information:

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

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: [email protected]

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

Additional Information:

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Additional Information:                                                           

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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

Becket’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.

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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 [email protected] 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] 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 [email protected] or 202-349-7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

Additional Information:

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:                                              

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.   

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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.

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

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.

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

Becket 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.

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

Becket 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  [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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

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 [email protected] or 202-349-7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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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 [email protected] or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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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  [email protected] or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100 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  [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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  [email protected]  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, 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 [email protected] or 202-349-7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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  [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, 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  [email protected] or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court. For over 20 years, it has successfully defended clients of all faiths, 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  [email protected]  or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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 [email protected] or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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  [email protected]  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, 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  [email protected] or 202.349.7219.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected]  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish. Additional Information:

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

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 [email protected] or 202-349-7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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  [email protected] or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court. For over 20 years, it has successfully defended clients of all faiths, 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  [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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  [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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 [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court. For over 20 years, it has successfully defended clients of all faiths, 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 [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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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  [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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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 [email protected] or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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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  [email protected]or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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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 [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

 

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court.For over 20 years, it has 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

Little Sisters 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 [email protected]  or 202-349-7224. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians (read more 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 [email protected] o llamando al 202.349.7224. Las entrevistas pueden ser en inglés, chino, francés, alemán, portugués, ruso y español.

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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  [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

Court to decide: 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  [email protected]  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, 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.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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 [email protected] or 202-349-7224. Interviews can be arranged in English and Spanish.

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

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  [email protected]  or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket  is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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  [email protected]  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

Additional Information:

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious 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  [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions and has a 100% win-rate before the United States Supreme Court. 

 

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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

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 [email protected] or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket  is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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  [email protected]  or 202-349-7224.Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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: [email protected]

For more information or to arrange a follow-up interview with a Becket attorney, please contact Melinda Skea at [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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.

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

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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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: [email protected].

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  [email protected]  or 202-349-7224.  Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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

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  [email protected]  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket  is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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, [email protected], 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: [email protected]

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

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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 [email protected] or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditionsand has a 100% win-rate before the United StatesSupreme Court.For over 20 years, it has successfully defended clients of all faiths, 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: [email protected].

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 [email protected] or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian, and Spanish.

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