For Thanksgiving, I usually send you a reprise of our founder’s take on Thanksgiving, or as he calls it, The Feast of the Intransitive Verb. But, November is also National Adoption Month. Even as we face a nationwide foster care crisis, city and state governments are threatening to shut down faith-based foster and adoption agencies because of their religious beliefs. Just a couple of weeks ago, the White House issued a new regulation intending to protect faith-based adoption agencies. Keeping their doors open is vital for foster families— just spend a minute talking with Melissa Buck, and you’ll agree. 

Without their adoption agency, the Bucks would be left without support and resources that are crucial for them and their five adopted children, all of whom have special needs—which is why it was such a huge victory for the district court judge in Michigan to issue a ruling allowing St. Vincent to continue its work as the Bucks’ case against the ACLU’s campaign to end state partnerships with faith-based agencies moves through the courts. In the first-ever win of its kind for a faith-based adoption agency, Judge Jonker said that “the State’s real goal is...to stamp out St. Vincent’s religious belief and replace it with the State’s own.” In a similar Becket case in Philadelphia, the city put out a call for hundreds more foster families to step up—and a week later, abruptly barred a Catholic agency from placing children in homes. Now, homes of willing foster families in Philadelphia sit empty.  

This battle is over ideology, but it’s not the talking heads who are suffering the consequences. It’s the foster families, whose support systems have been taken away from them, and the kids in the foster care system who have yet to be placed in loving homes who pay the price. This Thanksgiving, I am thankful for those families who are lovingly and persistently fighting to do what’s best for kids. 

What’s Happening at Becket: 

“Death row should not be a religion-free zone.” In a dramatic turn of events, the Fifth Circuit upheld the stay of execution for Texas death row inmate Patrick Murphy, who is seeking access to a Buddhist priest in the hours before his death. Becket has filed a friend-of-the-court brief supporting Murphy and death row prisoners’ right to access the comfort of clergy in their last hours. Stay tuned—the State of Texas may appeal the decision. 

Becket launches landmark Religious Freedom Index. Becket unveiled an exciting new project: the Religious Freedom Index. As the years progress, the Index will provide first-of-its-kind insight into otherwise unobservable shifts in American cultural attitudes on religious freedom. The launch was covered by FOX News, Deseret News, Real Clear Politics, the Daily Caller, and Religion Clause, among others.  

A win for religious liberty and doctors’ conscience rights. In October, a federal court gave us a win in our Franciscan Alliance case. Reminder: this case was against the previous administration’s transgender mandate, which would force doctors to perform gender transition procedures on any patient, even if they believed the procedure would be harmful to the patient. 

Becket in the news: 

Why Espinoza is a big deal. The Atlantic’s Emma Green writes up this Supreme Court case, where we argue for striking down historically bigoted state laws as unconstitutional. 

Work and pray. Does religion belong at work? Becket’s Luke Goodrich and others give their expert opinions to the Salt Lake Tribune on what America’s laws allow for employees—and what they demand of employers. 

Where will the Supreme Court go on the Establishment Clause? Becket’s Constitutional Law Fellow Jacob Coates explores the recent and upcoming Supreme Court cases that tackle Establishment Clause interpretations. 

What we’re reading: 

Think you know our Constitution? You might be surprised. Becket’s Stephanie Barclay dismantles five commonly accepted myths about our Constitution and gives us some fascinating history along the way. 

The price of daring to disagree. This piece, written for the New York Times by a progressive Jewish student at George Washington University, shows the dark side of intersectionality—and proves the need to defend religious freedom. 

“What if emotional identification with a partisan team is driving ideology, more than the other way around?” The Brookings Institution’s Jonathan Rauch’s essay in National Affairs suggests that the deep divide in America comes down to tribalism, but that we aren’t past the point of no return. 

How many Becket cases can you spot? Columbia Law School’s report on religious liberty calls Becket “a well-funded conservative religious liberty group.” Which makes it even more interesting that nearly every case the report lauds as a win for religious minorities is, well, a Becket case.