Dear Friend,

Here at Becket, we take ‘back to school’ seriously—you wouldn’t believe the week we’ve had with wins at the Ninth Circuit Court of Appeals and the Indiana Supreme Court AND an emergency appeal to the U.S. Supreme Court. We’ve taken a full course load—but with one concentration: ensuring that religious schools and student groups are free to exercise their faith on their own terms.

On Monday, we filed an emergency petition at the U.S. Supreme Court on behalf of our client, Yeshiva University. America’s oldest Jewish institution of higher learning needs emergency help because a New York court has ordered it to immediately give its official stamp of approval to a student club, the ‘YU Pride Alliance,’ in violation of its Torah values.  

Later that afternoon, we received a Ninth Circuit win in our case defending a California high school chapter of the Fellowship of Christian Athletes that was driven off campus for requiring its leaders to share FCA’s Christian values.

And on Wednesday, the Indiana Supreme Court handed down a victory for our client, the Archdiocese of Indianapolis, in a case where a former Catholic high school teacher tried to sue the Archdiocese for requiring Catholic school teachers to uphold the teachings of the Catholic Church in their professional and private lives.

In each of these three cases, Becket and our clients have a different posture—representing a religious university against the predations of the state, a religious student group’s right to exist on a public school’s campus, and an institutional church’s right to ask its educators to embody the school’s faith. But the common thread is that the government shouldn’t be able to tell a religious group which beliefs are acceptable, and which are not. Our Constitution demands that religious groups be able to participate fully in public life, on their own terms.  

What’s happening at Becket

Extra, extra!–In all of the excitement of this week, we almost forgot to share last week’s big news! Late on Friday afternoon, we secured a robust victory for medical conscience rights in Franciscan Alliance v. Becerra. This is our case defending religious healthcare professionals from the federal government’s Transgender Mandate, which would have forced them to perform gender-transition procedures against their consciences and best medical judgement.

Schooling states from east to west…Becket is getting involved in a lawsuit in Washington State—Seattle Pacific University is being targeted by the state’s attorney general who launched a probe into the private Christian university for hiring employees in keeping with the school’s religious mission. We are suing to stop this blatant violation of church autonomy.

Back to basics: First Amendment 101–This week we filed a petition for rehearing at the Second Circuit Court of Appeals in Belya v. Kapral. This is our case defending the Russian Orthodox Church Outside of Russia (ROCOR) against a former priest who claims to have been elected to higher church office. A panel of the Second Circuit ruled against us earlier this month, but Becket knows that civil courts have no business declaring who should or shouldn’t be a bishop—that’s First Amendment 101. 

Becket in the News

“But seriously, why not leave the nuns alone?”–The night before our big victory in Franciscan Alliance, the Wall Street Journal editorial board forecasted the win in a piece that compared the case to Becket’s cases defending the Little Sisters of the Poor from the contraceptive mandate (this fight isn’t over, by the way.) 

“It's a question of who gets to decide. Does America's leading Jewish institution get to decide whether to have a pride alliance club or can the government tell them what to do?”–Earlier this week, Becket VP & senior attorney, Eric Baxter appeared on FOX News @ Night with Shannon Bream to discuss our emergency appeal to the Supreme Court in Yeshiva. For additional background, check out Ed Whelan’s piece in Bench Memos.

Going, going, going, gone!–In case you missed our Supreme Court wrap-up, there’s still a chance to get the scoop on last Term before we start to forecast what the 2022-2023 Term may hold. Becket’s President Mark Rienzi was featured in The Federalist Society’s wrap-up webinar last month. 

What we’re reading

“As a former federal judge, I’ve seen how it is vital that these institutions remain free to make these decisions without government interference.”—Bringing his professional experience as both a former judge on the U.S. Court of Appeals for the District of Columbia and the former general counsel of BYU to bear, Judge Thomas Griffith penned a powerful op-ed in the Wall Street Journal explaining why it is dangerous for the government to meddle in the affairs of religious universities.

What role should moral formation play in education?–Last month, president emeritus of The Catholic University of America, and Becket board member, John Garvey released his latest book, "The Virtues". The book is about the importance of moral formation in the intellectual life of colleges and universities and is a must-read for parents and students considering where to pursue their secondary education. Also, check out President Garvey’s reaction to the Dobbs decision, which touts Becket’s religious liberty arguments for the dismantling of Roe. 

“Sen. Hatch left a legacy of partisan values and bipartisan compromise.”–Writing for Deseret News, Matt Sandgren, chief of staff to the late, great Senator Orrin G. Hatch encourages readers to take a look at the Hatch papers, over 3,000 boxes of legislative papers documenting the Senator’s time in congress. During his tenure, Senator Hatch passed more bills into law than any other living senator, including the Religious Freedom Restoration Act, for which he earned religious liberty’s greatest honor—the Canterbury Medal.