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Dear Friend,
I don't usually write to you so frequently, but the past two weeks have been extraordinarily busy, with important decisions from the Supreme Court.
I told you the story of Yeshiva University and our appeal to the Supreme Court. This story has turned into a saga! On Friday, September 9th, we received the incredible news that Justice Sotomayor came through for our clients and granted Yeshiva protection from the New York court order that would have forced the school to violate its religious tenets and officially sponsor a Pride Alliance club. This win was touted as an unexpected move from Justice Sotomayor—but one that crystallized the importance of the issues at stake. Emergency injunctions from the Supreme Court are exceedingly rare, but over the last decade Becket has secured four for our clients; The Little Sisters of the Poor, Wheaton College, Agudath Israel, and Yeshiva University (we suspect we may hold some kind of record)!
But then you may have seen the news that, on September 14th, a majority of the Supreme Court reversed course, denying our clients their injunction. Still, what some characterized as a loss, wasn’t. If you read more closely, this “loss” was actually a BIG win! Let me explain.
Five Justices said that there could still be ways for the New York courts to give Yeshiva the relief it needs. So, they asked us to return to New York to ask the state courts to reverse their previous order. All nine Justices said that if New York wouldn’t give Yeshiva the relief it sought in a timely fashion, we were welcome to return to the High Court for protection.
Importantly, four Justices (Alito, Thomas, Gorsuch, and Barrett) said that we should have won right off the bat. And you only need four votes for the Court to take your case. That’s four feathers in our cap for another day!
The result of all these complicated legal moves is that, earlier this week, after the New York court agreed to reconsider its previous ruling, our opponents agreed that the court order forcing Yeshiva to recognize the Pride Alliance club could be paused while the case is ongoing. Bottom line? Yeshiva has now received exactly the emergency relief we asked SCOTUS for in the first place.
We’ve had to be nimble, but this is what protecting religious freedom for all looks like!
What's happening at Becket
We have a matching gift opportunity. Please join us. As you know, I rarely use this newsletter to ask for financial support. However, I’ll make an exception for an incredible and time-sensitive opportunity. Two generous donors banded together to offer the Becket Fund a 1-million-dollar match, meaning that any donation made before the end of the month will be doubled. Our greatest need right now is hiring more lawyers to continue our good work defending religious freedom for all.
“When a government agency finds itself…treating a menorah like pornography, that’s a sure sign First Amendment problems are afoot.” Things are heating up in our case defending a Jewish synagogue’s right to advertise its annual “Chanukah on Ice” celebration on a nearby public bus route. We won the case at a Florida federal district court in January, but the transit system appealed the decision to the 11th Circuit Court of Appeals. We filed our brief earlier this month and expect the court to affirm the synagogue’s right to advertise. But if not, it’s on to SCOTUS!
Oakwood Academy scores a slam dunk for religious freedom, Becket with the assist. You may remember our case defending Oakwood Adventist Academy’s basketball team after its championship run was cut short because the local athletic association refused to accommodate the team’s sabbath observance. In a big win for our clients, this week the Alabama High School Athletics Association (AHSAA) changed its rules so that any school that requests a schedule change for a religious reason will be accommodated!
Becket in the News
“If people find themselves forbidden to bring their faith, tradition and insights to the public square, and with their own institutions, all America will be diminished.” Bill McGurn’s op-ed in the Wall Street Journal in support of our Yeshiva case is a must-read. He beautifully describes what is at stake in this case, framed in a story from his own childhood about the importance of universalism in defense of our freedoms.
Leave those kids alone. Becket VP & senior attorney, Eric Baxter and I teamed up to write a think piece in Deseret magazine about the ongoing threats to religious student groups on public university campuses across the country.
“The Supreme Court ruled in favor of Yeshiva University, even though it ruled against Yeshiva University.” Writing for Reason Magazine, friend of Becket Josh Blackman explains why the Court’s ruling in the Yeshiva case is a bellwether that Yeshiva will ultimately prevail.
What we’re reading
“Today it is standard political parlance to declare others on “the wrong side of history.” But history isn’t a train track that brings us inevitably to stop after stop.” Becket Board Member Rabbi Meir Soloveichik penned an op-ed in the Wall Street Journal earlier this month marveling about the realization of Theodor Herzl’s vision for a Jewish state. He credits the “miraculous nature of Jewish history” and the visionary leadership of Jews like Herzl, who is considered the father of modern Zionism.
How do you measure religious freedom? Our friends at First Liberty Institute are behind a new index, Religious Liberty in the States, which measures laws and constitutional safeguards for religious exercise in each of the fifty states. The index serves as a great complement to Becket’s own Religious Freedom Index which tracks Americans’ perspectives on the First Amendment year after year.
New friends in high places. Earlier this month, Brent Leatherwood was unanimously approved to serve as the Ethics and Religious Liberty Commission’s (ERLC) next president. Leatherwood has served as acting president since Becket Board Member Russell Moore left the organization for Christianity Today (where he now serves as editor in chief). We wish them both all the best in their new roles!
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