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A Message from Becket's Executive Director
July 3, 2020
Friends,
Just in time for the 4th of July, the Supreme Court did something fantastic: it confirmed that religious discrimination is illegal by ruling against Blaine Amendments.
I’ve emailed you many times talking about Blaine Amendments. Born of anti-Catholic bigotry, they have long been a blot on religious freedom, as we have argued at Becket for years. These laws and their limits on the free exercise of religion have been used to forbid government partnerships with religious groups broadly, and with religious schools specifically. In the majority opinion written by Chief Justice John Roberts, the Court agreed with Becket and called the exclusion of religious schools from the scholarship program at issue “odious to our Constitution.” As we grapple with discrimination around the country, we are grateful the Supreme Court took a strong stance against religious discrimination and anti-Catholic bigotry.
The Supreme Court emphasized that government cannot treat people or institutions worse just because they are religious. That is an important principle. Case in point: Mayor Bill de Blasio said <[link removed]> that the protests around the painful issue of race discrimination in our country are more important than religious groups assembling for worship under the same conditions. He was wrong the first time he said this, but the Supreme Court just made it even clearer: denying equal treatment to religious groups is unconstitutional and illegal. Becket has been on top of this since the COVID-19 crisis began. In the past weeks, we stepped in on behalf of the Minnesota Catholic Conference and The Lutheran Church—Missouri Synod in Minnesota when the governor issued an unjust order subordinating religion to the economic interests of the State. Similarly, Becket intervened in Wisconsin on behalf of the Roman Catholic Diocese of Madison when Madison/Dane County abruptly changed its reopening order to disadvantage religion. In both states, when religious groups stood up for their rights and Becket reminded the government of its obligation to respect religious freedom, the government amended its rules.
And Mayor de Blasio has been put in his place, too: last week, a federal judge ruled that the city cannot limit religious gatherings with the ostensible purpose of curbing COVID, while it allows mass protests and the reopening of secular businesses.
What’s happening at Becket
Getting rid of Blaines is a no-brainer. In case you need more convincing, we’ve come up with a simple explanatory video <[link removed]> for why it’s high time Blaine Amendments disappeared for good. For more on their origins, check out our Blaine Info Central <[link removed]>.
Good things come to those who wait. We’ve postponed our annual Canterbury Medal Gala <[link removed]> to October 15, but the most important part of the celebration hasn’t changed: our medalist. We are looking forward to honoring Senator Orrin G. Hatch for his lifelong contributions to the defense of religious liberty, including the notable enactment of the Religious Freedom Restoration Act (RFRA).
Becket in the news
“Religious discrimination is OUT.” Watch my interview on Fox and Friends <[link removed]> to see just how happy I am that the Supreme Court has said “hit the road” to Blaine Amendments.
Should religious groups choose their own teachers? Americans say “yes.” A Becket survey showed <[link removed]> that a majority of Americans agree that religious organizations should have the right pick their own leaders and teachers, and to resolve their own internal disputes, without government interference. This encouraging majority opinion matches Becket’s work in the courts, including our landmark 2012 Supreme Court case Hosanna-Tabor.
“Everyone should have a quarrel with politicians selectively enforcing limits on social gatherings depending on the beliefs and the speech of participants.” The Wall Street Journal’s James Freeman on why it’s so important <[link removed]> to stand up against local governments suppressing religious activity while allowing economic and other social activities during COVID times.
Protect the public, and the faithful. The WSJ Editorial Board wrote up the situation in Minnesota, where Governor Tim Walz restricted religious worship <[link removed]> before changing his tune <[link removed]>. We agree that we should see "the accommodation as a sign that political and religious leaders can find ways that protect people from Covid-19 while also honoring the Constitution.”
What we’re reading
All things Supreme Court. We have been watching and analyzing the hot decisions coming out of the Supreme Court over the past week. Stay tuned for a Supreme Court wrap-up. More decisions are expected on Monday!
The Washington Post Editorial Board says “bye bye, Blaines” too! In a great piece about the landmark Supreme Court decision <[link removed]>, the Washington Post doubles down on what we know already: “That some families choose to use the scholarships at religious schools is their right and... doesn’t undermine public education or harm the state.”
An important reflection on social unrest over racial discrimination. Louis Brown, Executive Director of the Christ Medicus Foundation, thoughtfully lays out <[link removed]> the ways people of faith and houses of worship can answer the call to end racism in our country: first, with love; second, by prayer and acting for justice; third, by upholding the rule of law; and fourth, by basing the civil rights movement on the dignity of human life, the right to life and liberty, and the right to freedom of conscience and religion.
In the midst of crisis and social unrest, we have much to be grateful for— most important is that we live in the home of the free because of the brave! Happy Independence Day!
Gratefully,
Montse Alvarado
Executive Director
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