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U.S. Senator Hawley Lambastes SCOTUS Activism

In a blistering must-see address on the U.S. Senate floor, Senator Josh Hawley (R-MO), the youngest member of the U.S. Senate, condemned Justice Neil Gorsuch’s opinion in Bostock v. Clayton County, Georgia. Writing for the Majority, Gorsuch essentially legislated from the bench, changing duly passed federal law with far-reaching and destructive consequences for all Americans, especially religious Americans.

Hawley argued that religious conservatives have been sold a bill of goods. They have been commanded for years to shut up and the recompense for their dutiful silence would be judges like Antonin Scalia who adhere to the judicial philosophies of textualism and originalism that ensure judges don’t legislate. Hawley sarcastically points out that in Gorsuch, religious conservatives were duped. Hawley said, “it’s time for religious conservatives to stand up and to speak out.”

Please watch the entirety of Hawley’s compelling address and share it widely. (It is only 13 minutes long.)

U.S. Senator Hawley—a Christian and Harvard University and Yale School graduate who worked for the Becket Fund for Religious Liberty—is  exactly the kind of leader religious conservatives have been praying for: wise, brilliant, and bold.


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Trump Reverses Obama on Faith-Based Foster Care and Adoption

Earlier this month the Trump administration announced the reversal of an Obama-era rule regarding the role of faith-based organizations in providing foster care and adoption services.

The U.S. Department of Health and Human Services (HHS) revealed new rules Nov. 1 allowing faith-based providers to continue serving their communities in a manner consistent with their religious beliefs. According to a conference call between Vice President Mike Pence’s office and the media, the Obama rule jeopardized the ability of faith-based providers to continue serving their communities, penalizing them for their deeply held beliefs. It did so by forcing these providers to either place children in the homes of same-sex couples or discontinue care.

Pence’s office contended that by “excluding thousands of willing organizations and families, the Obama rule threatened the well-being of children in search of a good home.”

HHS reports there are approximately 443,000 children in foster care nationwide, with more than 100,000 awaiting adoption, and that number has risen for five consecutive years, fueled in part by the opioid crisis.

“Allowing faith-based organizations to provide an enhanced role in foster care will take the pressure off some states who are need of additional foster families and foster care capacity,” Pence’s office claimed.

However, it’s too early to celebrate. Lori Windham, a religious liberty lawyer at Becket Fund for Religious Liberty, tweeted, “it’s a smart thing to do, but it would only fix part of the problem.” She shared that state and local governments can use similar rules to try to close faith-based agencies. In Illinois, faith-based agencies are only affected if they accept government funding.

Windham tweeted further, “Ultimately, we need not just better regulations, but a clear answer from the courts. @BECKETlaw has asked #SCOTUS to ensure that these critical social services are no longer jeopardized. The petition for Fulton v. Philadelphia has been conferenced for Nov 15.”

Brittany Raymer at Focus on the Family pointed out, “The Equality Act, which has been passed by the U.S. House but not the U.S. Senate, would have amended the Civil Rights Act to include sexual orientation and gender identity as protected classes. This would mean that even if this new regulation is in effect, the potential passing of the Equality Act would still force agencies to place children with same-sex couples or close unless there are religious freedom protection.”

The announcement also reversed Obama Administration policy denying federal disaster aid to houses of worship.


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High School Student in NJ Wins Case to Keep ‘Under God’ in Pledge of Allegiance

Written by Thomas Lifson

A case filed by the American Humanist Association in New Jersey has gone down in flames, defeated by a high school student named Samantha Jones, backed by lawyers from the  Becket Fund for Religious Liberty, and  the Knights of Columbus and the American Legion, which acted in support. Fox News explains what happened:

The legal battle first began when an unnamed New Jersey family from Monmouth County, identified in court papers as John and Jane Doe and their child, sued the Matawan-Aberdeen Regional School District in February 2014, alleging the phrase “under God” in the pledge is discriminatory. The case was filed by the American Humanist Association, which claimed the recitation of the pledge violates Article 1 of the state’s constitution. (snip)

Jones, who was attending another school, fought back, telling Fox News last November that the phrase “acknowledges that our rights don’t come from the government but from a higher power, so they can’t take away the rights.”

She described America as a country of many beliefs and claimed all of those beliefs – including those of atheists – are protected by “one nation under God.” (snip)

State Superior Court Judge David Bauman said during arguments in November that there wasn’t any evidence the student in question had been “bullied, ostracized or in any way mistreated.” But Bauman also noted during his questioning of district attorney David Rubin that district policy requires parents whose children don’t say the pledge to furnish an explanation in writing.

At the time, Rubin said he wasn’t aware of any cases in which parents had refused to supply an explanation and didn’t know what the ramifications would be if they didn’t. He accused the plaintiffs of filing a lawsuit claiming the pledge violates laws against the official establishment of religion “masquerading as an equal protection case.”

School district officials had claimed they’re simply following a state law requiring schools to have a daily recitation of the pledge. In a court filing, the district wrote that the plaintiffs can’t claim a violation of equal protection laws because all students are treated equally by not having to recite the pledge.

The UK Daily Mail notes:

In a statement released Friday, she [Samantha] said: ‘I’m so grateful the court decided that kids like me shouldn’t be silenced just because some people object to timeless American values.’

‘Ever since I was little, I’ve recited the Pledge of Allegiance because it sums up the values that make our country great. The phrase ‘under God’ protects all Americans-including atheists-because it reminds the government that it can’t take away basic human rights because it didn’t create them.’

Eric Rassbach, Deputy General Counsel for the Becket Fund for Religious Liberty added: ‘The message today is loud and clear: ”God” is not a dirty word. The Pledge of Allegiance isn’t a prayer, and reciting it doesn’t magically create an official state religion.’

The atheist left will not give up, of course. If this case is not appealed, other cases will be filed, in search of sympathetic judges. Atheists abhor the notion that belief in God is normative.


This article was originally posted at the American Thinker website.