#BREAKING: The Supreme Court just ruled UNANIMOUSLY that Philadelphia can’t shut down a Catholic foster-care ministry because of its religious beliefs about marriage.
Some will try to say the ruling is “narrow.” Wrong.
Five reasons this is HUGE: 🧵
1. It is UNANIMOUS. This sends a powerful message that religious Americans are free to serve. They don’t have to change their basic beliefs about marriage and family in order to join hands across faith lines and serve the neediest in society.
2. It shows that the infamous Smith decision--which narrowed the Free Exercise Clause--is not long for this world. There are at least 5 votes, likely 6, to overrule it. It’s only a matter of time before the Court restores even stronger protections for religious freedom.
3. It adopts a rigorous test even under Smith. It says if a law lets the government make any case-by-case “exceptions,” even theoretically--which many laws do--the law is subject to strict scrutiny. This means gov't will have far less flexibility to restrict religious practices.
4. It rejects the idea that constitutional protections go out the window when the government is entering “contracts” or managing “internal affairs.” This means the constitution applies rigorously across ALL government activities.
5. It adopts a robust (correct) version of strict scrutiny—expressly rejecting the idea that the government can cite a general interest in “equality” or “dignity” to trump religious freedom.
Bottom line: This is a profound victory for religious freedom. It provides strong, UNANIMOUS protection for people of faith to serve the needy. And it forecasts even stronger protections in the years to come.
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#BREAKING: The Biden Admin just filed an appeal seeking to force religious doctors and hospitals to perform potentially harmful gender-transition procedures against their conscience and professional medical judgment. This is bad for patients, doctors, and religious liberty. 1/
The Biden Admin says it can punish doctors and hospitals for “sex discrimination” unless they perform controversial gender-transition procedures. A court struck down this #TransgenderMandate in January: becketnewsite.s3.amazonaws.com/Sisters-of-Mer…. But the Biden Admin just appealed.
The plaintiffs are religious doctors, hospitals, and clinics who joyfully serve ALL patients regardless of sex or gender identity. They routinely provide top-notch care to transgender patients for everything from cancer to the common cold.
We had a big court argument today on the #TransgenderMandate--an Affordable Care Act rule requiring doctors to perform controversial gender transition procedures against conscience and medical judgment, even when the procedures can harm patients: becketlaw.org/media/doctors-…
Gender transition procedures are hotly disputed within the medical community. Many believe they are deeply harmful—especially when performed on children, who almost always overcome gender-identity struggles as they mature. transgendermandate.org/research
Two different federal courts have found that “there is no medical consensus that sex reassignment surgery is a necessary or even effective treatment for gender dysphoria.”
#BREAKING: The Gov't just announced it's rescinding the Final Environmental Impact Statement for Oak Flat—six hours before its deadline to reply to Apache Stronghold’s emergency appeal: resolutionmineeis.us This is no coincidence. The Gov't knows it's in trouble in court. 1/
The Government knows the destruction of Oak Flat violates federal law--including the Religious Freedom Restoration Act: bit.ly/2MBwHGl. So it is retreating--temporarily. But a temporary retreat doesn’t solve the problem. 2/
The Government is still planning on transfer and destruction of Oak Flat. Oak Flat--and religious practices there--still need legal protection. If the Government is acting in good faith, it shouldn't oppose a court order protecting Oak Flat while the litigation proceeds. 3/
The plaintiffs are religious doctors, hospitals, and clinics who joyfully serve ALL patients regardless of sex or gender identity. They routinely provide top-notch care to transgender patients for everything from cancer to the common cold. 2/
They also provide millions of dollars in free and low-cost care to the elderly, poor, and underserved rural areas. 3/
#BREAKING: Huge religious freedom victory tonight at the Supreme Court--stopping NY Gov Cuomo’s discriminatory #COVID19 worship restrictions against @BECKETlaw’s Orthodox Jewish clients. Here’s a thread with key excerpts from the Court’s opinions. s3.amazonaws.com/becketnewsite/… 1/
Biggest takeaway: The Court resoundingly rejects blind deference to COVID-related restrictions on worship. Instead, all governments must recognize the Constitution still controls during a pandemic: 2/
The core holding of the majority is that our Orthodox Jewish clients “clearly established their entitlement to relief” by showing they are “likely to prevail” under the First Amendment: 3/
Great argument in Fulton today! #SCOTUS looks poised to protect foster families and their Catholic foster care ministry. Main question is how broad the vote will be (8-1, 9-0?) and how broad the reasoning (is Smith in play?). Key takeaways: (thread)
The Justices broadly agreed that CSS has done vital work for over 200 years, and the City had no need to go after them. No same-sex couple has ever been turned away, yet city officials manufactured this dispute by shutting down CSS. 2/
Kavanaugh called the City’s position “absolutist and extreme,” noting that Philadelphia “created this clash,” even though “no same-sex couple has ever come to Catholic Social Services for participation in this program.” 3/