Dear Friend,

Happy Martin Luther King Jr. Day AND happy National Religious Freedom Day! That’s right, this year these two great commemorations—of the life and legacy of MLK, and the 1786 Virginia Statute of Religious Freedom, penned by Thomas Jefferson—coincide. It’s actually the 30th anniversary of National Religious Freedom Day which speaks to how quickly the understanding of religious freedom in America has changed. Just 30 years ago, both sides of the aisle didn’t just agree to disagree on religion, they believed in vigorous and robust protections for this human right. This is not the state of affairs today, but we believe our mission is to restore it.

Reverend King himself and the broader civil rights movement are perfect examples of the value of religion in public discourse. The struggle for racial justice was a political movement motivated and shaped by religious belief in the inherent dignity of all people, regardless of race. It was born out of Southern black churches, like King’s Ebeneezer Baptist Church, that served as meeting places, sources of spiritual nourishment, and communities of solidarity.

It's not at all uncommon for political movements to find their inspiration in religious ideas or to take shape in communities of faith. A great advantage we have as Americans is the freedom to bring our faith to bear in our public lives, openly and without fear of reprisal.  

Today we’re grateful for America’s constitutional vision for religious liberty, Martin Luther King Jr.’s execution of it, and the mission we share to carry it forward into the future.

What’s happening at Becket

The Ninth Circuit grabs its own rebound–Late last year we received encouraging news from the Ninth Circuit in our case defending a Native American sacred site, Apache Stronghold v. United States. The court has decided to rehear the case after wrongly ruling against us earlier in the year. This is a very good sign for our clients—the more judges who consider this case, the more likely it is that our team will win!

A Supreme Court predicted win–In December the New York Appellate Division ruled against us in our case defending Yeshiva University. If you’ve been reading my newsletter for some time, you’ll recognize that this is not a reason to despair but a chance to win even bigger! Despite the loss, we were given temporary protection that will last until the lawsuit is finally resolved. The process in New York is somewhat slow and complicated, but our client is inching ever closer to a return to the Supreme Court, which has already indicated it is “likely” to rule in Yeshiva’s favor.  

The final nail in the coffin? In the busyness of the holiday season, we never had a chance to properly celebrate our victory on behalf of the Sisters of Mercy against the transgender mandate. Early last month, the U.S. Court of Appeals for the Eight Circuit struck down the unlawful mandate which would have required doctors to perform gender transition procedures on any patient, including a child, even if the doctor believed the procedure would be harmful. This was the second circuit court to strike down the mandate, after the Fifth Circuit ruled in favor of our clients, Franciscan Alliance a few months earlier. The Biden Administration has until March to appeal.

Becket in the News

Bah Humbug…Every year, Becket bestows the Ebenezer Award on the most outrageous offender of the Hanukkah and Christmas season. This year’s award went to King County, Washington, for banning holiday decorations in employees’ Zoom backgrounds. That’s right—county workers were prohibited from displaying nativities, menorahs and other religious holiday decorations in their own homes in view of a webcam for fear of offending their colleagues. As is tradition, we sent King County a lump of coal to express our disgust for its Scrooge-like behavior, and Fox News helped with the public shaming. 

Serving God and country–Last month we won a preliminary victory on behalf of our Sikh clients against the U.S. Marine Corps. These men are seeking to serve in the military while maintaining the articles of their faith, unshorn hair and beards. December’s win at the U.S. Court of Appeals for the D.C. Circuit will allow the Sikhs to attend officer candidate school without compromising their faith and is a positive omen for a final victory in the case. The New York Times covered the story. 

New year, new case! Earlier this month we filed a lawsuit on behalf of St. Joseph Parish in central Michigan after the state supreme court redefined sex discrimination to include discrimination on the basis of sexual orientation or gender identity. The redefinition includes no religious exemption whatsoever and thus threatens the ability of St. Joe to hire according to the teachings of the Catholic Church. The National Catholic Register covered the story, quoting Becket’s own Lori Windham, lead attorney on the case.

What we’re reading

Farewell to Pope Benedict XVI–On New Year’s Eve, my church lost a great leader, Pope Benedict XVI. Many have lauded the late Pope Emeritus as the most pro-religious liberty pope, exemplified by his papal encyclical, Caritas In Veritate, or Charity in Truth. Our Sunday Visitor interviewed Becket board member and former ambassador to the Holy See, Mary Ann Glendon on the Holy Father's 2008 trip to the United States and his enduring legacy. 

"If the State of Colorado can require this web designer to create a website celebrating a message contrary to her sincere beliefs, there will be no end of it."–Friend of Becket Professor Michael McConnell calls into question the media’s framing of the Supreme Court case, 303 Creative v. Elenis, as a case of the First Amendment vs. LGBTQ rights. That’s not what’s at stake at all, he argues. Instead, it’s about whether protecting civil rights should involve banning speech that challenges prevailing societal norms and compelling speech that echoes them. 

Take a walk down memory lane…Last week we celebrated the 11th anniversary since the Supreme Court ruled in Becket’s case, Hosanna-Tabor v. EEOC. It was a unanimous victory for religious freedom. The case concerned the right of churches to choose their leaders without government interference. You can learn more by listening to our Stream of Conscience podcast episode!