<[link removed]>
<[link removed]>
Support Becket<[link removed]>
<[link removed]>
A Message from Becket's Executive Director
January 17, 2021
Dear Friend,
Happy New Year! Today, we observe Martin Luther King Jr. Day and remember one of his most well-known quotes: “the arc of the moral universe is long, but it bends toward justice.” That doesn’t mean that justice is inevitable. Rather, it is a call for people to come together and work toward that end of justice and truth. The work we do at Becket is part of that bending toward justice. We’re grateful for our courageous clients who give us the opportunity to answer that call.
Religious liberty continues to feature prominently in courts around the country. After big wins in 2021, including
unanimous acknowledgment<[link removed]> by the Court of the importance of this human right, we walk into 2022 watching for three Supreme Court rulings pending from the fall term.
Religious freedom on death row. In
Ramirez v. Collier<[link removed]> the State of Texas is refusing to allow a prisoner’s pastor to pray audibly or lay hands on him in the moments before execution. For context: in a recent series of Supreme Court rulings, the Court has made clear that states must provide access to clergy in the death chamber. But Texas is now taking that conclusion and twisting it—by allowing clergy, but forbidding them to pray out loud or touch a condemned prisoner. We filed a
friend-of-the-court brief<[link removed]> in support of Ramirez’s right to access clergy.
Will Roe go?
Dobbs v. Jackson Women’s Health Organization<[link removed]> is the case dealing with a Mississippi Act that bans abortion after fifteen weeks of gestation. Decades ago, the Court’s infamous ruling in Roe v. Wade removed the debate over abortion from the democratic process. The result? Prolonged legal battles over proxy issues, like the contraception mandate, that significantly impact religious freedom. Though Becket doesn’t take a position on abortion, we filed a
friend-of-the-court brief<[link removed]> with the Supreme Court to show the Justices the adverse effects that Roe and Casey have had on religious liberty.
Secular school choice. Maine has
barred<[link removed]> students from accessing a state tuition assistance program if their school teaches “too much” religion—as determined by the state. States have a long history of excluding religious institutions from public benefits, often due to discriminatory state laws, and Becket has a long history of fighting those laws. As Becket’s
friend-of-the-court brief<[link removed]> points out, the Supreme Court has long recognized that the Constitution prohibits laws that burden religious beliefs or actions simply because they are religious.
This term will give Court watchers a reason to be hopeful, as well as important signals for what will become the new frontier for religious liberty and those who exercise it zealously.
What’s happening at Becket—Podcast Edition
“I realized that while the moral arc does bend, I realize that moral arc does not bend on its own. It requires patience, persistence, and people who not only understand their rights, but who are willing to fight for them no matter what that price might be.” If you haven’t heard our
Stream of Conscience episode<[link removed]> about Simon Tam and his band The Slants, today is a great day to give it a listen, not least for the powerful moment where he quotes Martin Luther King, Jr.
Can the government take your land?
This episode<[link removed]> is a little different than the others, but no less fascinating. It deals with the Takings Clause, whether (and in what circumstances) the government has the right to take your land, and what exactly qualifies as a “taking.” Highly recommend.
Holt v. Hobbs anniversary: SCOTUS 9-0 ruling in Becket case. This week seven years ago, the Supreme Court unanimously ruled in
Holt v. Hobbs<[link removed]> that a prisoner’s rights must include the right to grow a beard in line with his religious beliefs. This case was a great reminder that no religious liberty case exists in a vacuum—Becket’s
Hobby Lobby<[link removed]> case was cited nine times in the Hobbs ruling. For the story, go back to our
Season One episode<[link removed]>.
Becket in the news
“Policymakers may want to think twice before mandating church closures during a future pandemic.” Writing for Deseret News,
Kelsey Dallas cites<[link removed]> Becket’s Religious Freedom Index finding that most Americans (52%) think religious exercise should be considered essential during a pandemic. In 2020 and 2021,
Becket fought hard<[link removed]> to ensure that houses of worship were not treated worse than secular services when it came to government mandates. Hopefully that battle is behind us for good.
How Will Religious Freedom Fare This Year? High-profile cases currently before the Supreme Court (like those highlighted above), as well as those progressing through the lower courts (like
Becket’s case<[link removed]> on behalf of the Sisters of Mercy), could spell another blockbuster year for religious freedom. In the National Catholic Register, Andrea Picciotti-Bayer
predicts<[link removed]> that, even without an ally in the White House, advocates for religious liberty are likely to prevail.
Never Take Religious Freedom for Granted. Sometimes the best reminders of the importance of our freedoms come from those who know what it’s like to live without them. In commemoration of National Religious Freedom Day, pro-life leader
David Bereit reflects<[link removed]> on a trip to Croatia, a nation that lost its religious freedom under an oppressive communist regime. On that trip, Bereit was cautioned by Catholic Bishop Vlado Košić, “Religious freedom is not free. It comes at a cost. You Americans have been given the gift of religious freedom. Protect it, and never take it for granted.” Bereit gives a shoutout to the Becket Fund for standing stalwart in defense of this most precious freedom.
What we’re reading
“Hussain has enormous credibility across a broad range of faith groups, built on years of leadership in efforts for religious freedom.” Rashad Hussain
was confirmed<[link removed]> as the U.S. ambassador-at-large for international religious freedom, becoming the first Muslim to fill the position. His confirmation was praised by leaders across religious groups, including Becket Board member and Princeton professor Dr. Robert P. George.
Can religious people support religious freedom? There are people of faith who balk at the idea of religious freedom, claiming it allows false religion to have an invalid position in our culture. But as Becket Board member Russell Moore puts it (in a great defense against this criticism you can read
here<[link removed]>): “Religious freedom...has never meant a ‘You believe in Baal; I believe in God; what difference does it make?’ sort of pluralism. The question in religious freedom is who should have regulatory power over religion. If you believe that shouldn’t be the state, you believe in religious freedom.”
What I’ll miss reading: Linda Greenhouse’s column. Linda Greenhouse announced the last of her regular
New York Times column<[link removed]> on the Supreme Court in December, which had me fondly reminiscing on the many times Becket featured in her pieces. I guess another reporter will have to take up the “let’s talk about Becket” mantle! For now, readers can find more mentions of Becket in Greenhouse’s new book on the changing Supreme Court, Justice on the Brink. I know I enjoyed reading so much Becket history and her mention of our “energetic PR team!” in my copy.
<[link removed]>
<[link removed]>
Montse Alvarado
Executive Director
<[link removed]>
<[link removed]>
<[link removed]>
<[link removed]>
Unsubscribe<[link removed]>
The Becket Fund<[link removed]>
1919 Pennsylvania Ave NW Suite 400 Washington, D.C. 20006
<[link removed]>
