Alliance Defending Freedom (ADF) is an advocacy organization whose goal is advocating, training, and funding legal cases on the issues of "religious freedom, sanctity of life, and marriage and family." [1] In 2012 the organization shifted its mission of funding allied attorneys to direct representation of clients though litigation. [2] Founded in 1993, ADF has been described as "the largest legal force of the religious right arguing hundreds of pro bono cases across the country. [3]
Alliance Defending Freedom (ADF) has been involved in several landmark United States Supreme Court cases, including Rosenberger v. University of Virginia , Good News Club v. Milford Central School , and Town of Greece v. Galloway . Rosenberger was described by law professor Marci Hamilton as a "fork in the road" with respect to judicial review of the Establishment Clause of the First Amendment. [4] [ better source needed ]Good News Club and Town of Greece established precedents relating to free speech and the establishment clauses of the First Amendment respectively. ADF also litigated a 2014 case challenging the Affordable Care Act, or Obamacare. In Burwell v. Hobby Lobby Stores, Inc. , the Court ruled that the birth control mandate in employee-funded health plans was unconstitutional, since there existed a less restrictive means of furthering the law’s interest. [5] The case set a precedent for evaluating legal questions relating to religious liberty. [6] ADF also played a role in Dobbs v. Jackson Women's Health Organization , writing model legislation for the Mississippi abortion ban, but did not represent either party in court. [7] [8]
Following are legal cases in which the ADF has played a role, either by representing a party, filing an amicus brief, or otherwise participating:
The First Amendment to the United States Constitution prevents the government from making laws that: regulate an establishment of religion; prohibit the free exercise of religion; abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that recognized the First Amendment rights of students in U.S. public schools. The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights. The Court famously opined, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
The Alliance Defending Freedom (ADF), formerly the Alliance Defense Fund, is an American conservative Christian legal advocacy group that works to protect religious liberty, expand Christian practices within public schools and in government, outlaw abortion, and curtail LGBTQ rights. In 2014, ADF literature described part of its mission as "[seeking] to recover the robust Christendomic theology of the 3rd, 4th, and 5th centuries." ADF is headquartered in Scottsdale, Arizona, with branch offices in several locations including Washington, D.C., and New York. Its international subsidiary, Alliance Defending Freedom International, with headquarters in Vienna, Austria, operates in over 100 countries.
Liberty Counsel is a 501(c)(3) tax-exempt religious liberty organization that engages in litigation related to evangelical Christian values. Liberty Counsel was founded in 1989 by its chairman Mathew Staver and its president Anita L. Staver, who are attorneys and married to each other. The Southern Poverty Law Center has listed Liberty Counsel as an anti-LGBT hate group, a designation the group has disputed. The group is a Christian ministry.
The Thomas More Law Center is a Christian, conservative, nonprofit, public interest law firm based in Ann Arbor, Michigan, and active throughout the United States. According to the Thomas More Law Center website, its goals are to "preserve America's Judeo-Christian heritage, defend the religious freedom of Christians, restore time-honored moral and family values, protect the sanctity of human life, and promote a strong national defense and a free and sovereign United States of America."
The Roberts Court is the time since 2005 during which the Supreme Court of the United States has been led by John Roberts as Chief Justice. Roberts succeeded William Rehnquist as Chief Justice after Rehnquist's death.
Becket, also known as the Becket Fund for Religious Liberty, is a non-profit public interest law firm based in Washington, D.C., that describes its mission as "defending the freedom of religion of people of all faiths". Becket promotes accommodationism and is active in the judicial system, the media, and in education.
Neil McGill Gorsuch is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since April 10, 2017.
Carlton Wayne Reeves is a United States district judge of the United States District Court for the Southern District of Mississippi and chair of the United States Sentencing Commission.
First Liberty Institute is a nonprofit Christian conservative legal organization based in Plano, Texas.
Robert J. Muise is an American attorney who specializes in constitutional law litigation. Along with attorney David Yerushalmi, he is co-founder and Senior Counsel of the American Freedom Law Center (AFLC). Before launching AFLC, Muise was Senior Trial Counsel at the Ann Arbor-based Thomas More Law Center, a conservative Christian law firm founded by Domino's Pizza founder Tom Monaghan.
Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013), also known as Alliance for Open Society I, was a United States Supreme Court decision in which the court ruled that conditions imposed on recipients of certain federal grants amounted to a restriction of freedom of speech and violated the First Amendment.
Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014), is a landmark decision in United States corporate law by the United States Supreme Court allowing privately held for-profit corporations to be exempt from a regulation that its owners religiously object to, if there is a less restrictive means of furthering the law's interest, according to the provisions of the Religious Freedom Restoration Act of 1993. It is the first time that the Court has recognized a for-profit corporation's claim of religious belief, but it is limited to privately held corporations. The decision does not address whether such corporations are protected by the free exercise of religion clause of the First Amendment of the Constitution.
Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018), was a case in the Supreme Court of the United States that dealt with whether owners of public accommodations can refuse certain services based on the First Amendment claims of free speech and free exercise of religion, and therefore be granted an exemption from laws ensuring non-discrimination in public accommodations—in particular, by refusing to provide creative services, such as making a custom wedding cake for the marriage of a gay couple, on the basis of the owner's religious beliefs.
James Chiun-Yue Ho is a Taiwanese-born American jurist who serves as a U.S. circuit judge of the U.S. Court of Appeals for the Fifth Circuit. He was nominated to the Fifth Circuit by President Donald Trump, and took office in 2018. Ho formerly served as Solicitor General of Texas from 2008 to 2010.
National Institute of Family and Life Advocates v. Becerra, 585 U.S. ___ (2018), was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The law required that licensed centers post visible notices that other options for pregnancy, including abortion, are available from state-sponsored clinics. It also mandated that unlicensed centers post notice of their unlicensed status. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the Fourteenth Amendment."
Charles LiMandri is an American lawyer. In a case that made national headlines, he litigated against the American Civil Liberties Union (ACLU) in the defense of the Mount Soledad Cross in San Diego. The battle over the religious symbol, which lasted more than 25 years, is one of the longest in the history on the United States. Limandri has a private law practice, and in 2002 he founded the Freedom of Conscience Defense Fund to pay for his pro bono work on behalf of religious freedom.
Kristen Kellie Waggoner is an American constitutional lawyer. She was the lead counsel in a case at the United States Supreme Court concerning First Amendment rights, Masterpiece Cakeshop v. Colorado Civil Rights Commission. In the lawsuit, Waggoner represented Masterpiece Cakeshop owner Jack Phillips. She currently serves as CEO, President and General Counsel of the Christian legal organization Alliance Defending Freedom (ADF).
Uzuegbunam v. Preczewski, 592 U.S. ___ (2021), is a decision by the Supreme Court of the United States, dealing with nominal damages to be awarded to individuals whose right to freedom of speech has been suppressed by an entity but subsequently rendered moot due to intervening circumstances. In an 8–1 decision, the Court held that such nominal damages satisfy the Article Three requirement of redressability, when awarded for a past violation of a legal rights.
303 Creative LLC v. Elenis, 600 U.S. 570 (2023), is a United States Supreme Court decision that dealt with the intersection of anti-discrimination law in public accommodations with the Free Speech Clause of the First Amendment to the United States Constitution. In a 6–3 decision, the Court found for a website designer, ruling that the state of Colorado cannot compel the designer to create work that violates her values. The case follows from Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018), which had dealt with similar conflict between free speech rights and Colorado's anti-discrimination laws, but was decided on narrower grounds.
This term, Supreme Court watchers are paying close attention to "Masterpiece Cakeshop"—the gay wedding cake case—which could be a landmark in First Amendment jurisprudence.
Atlanta's City Council has voted to settle a $1.2 million lawsuit brought by the city's former fire chief who was dismissed after he wrote a book that included anti-gay passages.