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A Message from Becket's Executive Director
December 19, 2019
Dear Friend,
We are less than a month away from the 8th anniversary of one of Becket’s unanimous Supreme Court victories, Hosanna-Tabor <[link removed]>. And in a beautiful recap of that landmark decision, Bill McGurn described <[link removed]> why it was both important and necessary for every single Justice to check the Obama Administration’s amazing rebuke of the First Amendment rights of religious employers. It was the first time the Supreme Court reviewed the “ ministerial exception <[link removed]>,” and the Court resoundingly confirmed that churches have the right to choose their own leaders without government interference.
Of course, we love winning. But why does this matter today?
Our unanimous victory for ministerial exception was, well, exceptional. And now we’re poised to do even more: the Supreme Court decided <[link removed]> yesterday to hear two <[link removed]> more Becket cases <[link removed]> dealing with the ministerial exception. Both cases come from Los Angeles, and in both cases, the Ninth Circuit essentially ignored Hosanna-Tabor and said that religious schoolteachers tasked with religious instruction could sue their schools after their contracts were not renewed.
We have racked up several victories for the ministerial exception in the lower courts (see our wins at the Second Circuit <[link removed]> and the Third Circuit <[link removed]>, as two examples). Now, the Supreme Court has a chance to build on the foundation it laid in Hosanna-Tabor.
What’s happening at Becket
Supreme Court on the mind. We will be preparing for the Court to hear our two ministerial exception cases in the spring of 2020. Meanwhile, we are waiting to see if the Court will also take up Fulton v. Philadelphia <[link removed]> , Patterson v. Walgreens <[link removed]> , Ricks v. Idaho Board of Contractors <[link removed]> , and Little Sisters of the Poor v. Commonwealth of Pennsylvania <[link removed]> - all Becket cases as well.
Launched! Becket’s Religious Freedom Index. On November 20, we had a formal launch for our first-of-its-kind Religious Freedom Index <[link removed]>. Panelists included Adelle Banks, Asma Uddin, and Tim Carney.
Do you know any Scrooges? Each year, we award the Ebenezer Award, Becket’s lowest (dis)honor, for the greatest and most ridiculous affront to the Christmas and Hanukkah holidays. Years past have seen many honorees, like the 2017 winner, the University of Minnesota, which went so far as to ban the colors red, green, silver and blue from winter decorations on campus. If you have suggestions for this year’s awardee, send them my way.
Becket in the news
Attention-grabbing headlines. USA Today highlights <[link removed]> Becket’s big news—two Supreme Court grants in one day! The piece also points out that the Court has been high on religious liberty in recent years, giving us reason to be optimistic.
Why our adoption cases matter. The Washington Examiner explains <[link removed]> why Becket’s cases defending faith-based adoption agencies are so important, and why the Supreme Court might take one up.
What happens when government changes its tune mid-litigation? Becket’s Joe Davis and Nick Reaves write <[link removed]> on this, specifically regarding a gun control case in New York, in The Yale Law Journal.
What we’re reading
A case for “Merry Christmas.” The Wall Street Journal’s Mark Oppenheimer wants <[link removed]> Christians to wish others “Merry Christmas,” for the sake of pluralism. When we wear our distinctive beliefs on our sleeves, it encourages others to remember and share their own convictions.
What anti-Semitism looks like in America today. The Atlantic explores <[link removed]> the “myriad forms” of anti-Semitism today, and why it is so alarming.
The NYTimes looks at the “faith and work” movement. An opinion piece <[link removed]> in the New York Times gives readers a look at the “faith and work” movement within American Evangelicism, a movement that “[works] toward the flourishing of all people.”
Who is Justice Kagan? For an in-depth and fascinating look at Justice Kagan’s time on the Supreme Court so far, check out this New Yorker piece <[link removed]>. As Rick Garnett puts it, Justice Kagan “is not a strict separationist who believes the Constitution forbids all religious symbolism or expression in the public square."
Gratefully,
Montse Alvarado
Executive Director
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