Friend:

Shurtleff, Bremerton, Rutan-Ram—names to know at the end of this jam-packed week for religious freedom in America.

But let me start with Gorsuch, because Justice Neil Gorsuch displayed apparent contempt for one of the foundational principles of American democracy.

That he did so without wearing a face mask gave the media something else to focus on. But my ears are still ringing after he referred to “so-called separation of church and state” during Tuesday’s oral arguments in the Christian flag case, Shurtleff v. City of Boston.

It’s hard to believe the 54-year-old jurist, educated at Georgetown Prep, Columbia University, Harvard Law and the University of Oxford isn’t fully aware of the historical underpinnings of the Establishment Clause and two centuries of jurisprudence that have consistently upheld it. He just doesn’t care—or worse, he knows what this country stands for and he wants to change it.

In a distressingly politicized court, with an unmistakable agenda to elevate a particular brand of Christian belief ahead of your rights and mine, Gorsuch’s dismissive attitude comes as no surprise. But it offends and anguishes all the same.

We can expect a setback when Shurtleff is decided later this year. The Court’s conservative majority seems to side with the Christian nationalist group that sought to fly a Christian flag on a Boston city flagpole to advertise its belief that America is a “Christian nation.” The only consolation is they will likely make this decision based on the (mistaken) view that Boston turned its City Hall flagpole into a public forum, which would take it out of the realm of being an Establishment Clause ruling.

Along with Baptist minister Brian Kaylor, I wrote about Shurtleff in an op-ed published by The Boston Globe on Sunday. You can read it here. I also appeared on a local public television station, which you can watch here.

It says something about the week’s intensity that Gorsuch’s remark and Shurtleff were just Tuesday’s news. That brings me to:

Bremerton—Our shorthand for Kennedy v. Bremerton School District, in which AU will argue before the Court in April on behalf of the public school district in Bremerton, Washington, which is trying to protect the religious freedom of students and their parents. Kennedy is a one-time football coach who was placed on paid administrative leave after he refused to stop leading prayers on the 50-yard line after games. The Supreme Court’s decision to hear the case garnered international headlines. You can read more about it below.

Rutan-Ram—In AU’s newest lawsuit, filed this week, we represent Elizabeth and Gabriel Rutan-Ram of Knoxville, Tennessee. This Jewish couple wanted to foster and adopt a Florida child, and they needed to obtain foster-parent training and a home study authorized by Tennessee to do so. The only accessible place to get those services was Holston United Methodist Home for Children, which is funded by the state to provide the services. But Holston canceled the couple’s training because it only accepts “families that share our [Christian] belief system.”

Like our client Aimee Maddonna of South Carolina, denied a similar opportunity because of her Catholic faith, the Rutan-Rams are paying taxes to support discrimination that victimizes them. With your aid, AU will fight to right these wrongs.

That’s my “so-called” week. I anticipate more just like it as we move further into arguably the most consequential year for religious liberty in AU’s 75-year history. As always, I cannot thank you enough for being in this together.

With hope and gratitude,

Rachel K. Laser
President and CEO