Dear John,
When I was in law school, there were a number of bad legal precedents that no one thought would be overturned in our lifetimes.
But we’ve done just that... Twice!
First, the Supreme Court threw out the Lemon Test in their decision in the Coach Joe Kennedy Case. The Lemon Test was a convulated way of determining if a law or government practice violated the Establishment Clause of the First Amendment.
The Kennedy decision replaced the Lemon Test with a History and Tradition Test that examines whether a right or practice is “deeply rooted in our nation’s history and traditions.”
Second, our Faithful Carrier case, Groff v. DeJoy, eliminated the standard that allowed companies to deny employee requests for religious accommodations by pointing to any cost more than a “de minimis” cost to the business.
That meant an employer could deny a religious accommodation by showing that the request would result in just a touch over the smallest of burdens.
As a result of the Groff decision, employers must show that granting the accommodation would cause undue hardship or substantial increased costs on the business.
Right now, we are living in an era where anything is possible and none of the bad precedents on the books are out of reach.
Because we’re standing at a unique moment in time, we’re dreaming big of the possibilities that lay ahead.
That’s why I’ve asked First Liberty’s Jeff Mateer to join me in a round table discussion about some of the bad precedents impacting religious freedom and what’s possible in the next few years.

Right now, you and I have a unique opportunity to go on offense to expand our First Amendment rights.
Together, we can work to overturn the bad precedents that we discussed.
None of them are out of reach.
You’ve seen what happens when we fight for faith together.
We win. And when we win at the Supreme Court, we expand your right to live according to your beliefs.
On Monday, the new Supreme Court session started. And soon, the justices will be hearing our Olivier case which could impact every American’s right to share their faith in a public park.
But that’s not all. We have two more cases being considered by the justices.
Each of these cases could either overturn bad legal precedents, put a stop to laws that target people of faith or stop religious discrimination in its tracks.
Your prayers and support are the reason these cases have made it this far.
Will you continue to support these cases, our clients and First Liberty by doing these three things?
- Pray for God’s favor and an outcome that protects and advances religious freedom.
- Pray for strength and perserverance for our clients.
- Pray for wisdom and discernment for our attorneys as they make their final preparations.
Thank you for all you do to support First Liberty. Together, we can make our dreams for a more faith-filled tomorrow a reality.
Grateful for you,
Kelly
Kelly Shackelford, Esq. President, CEO & Chief Counsel First Liberty Institute
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