List of court cases involving Alliance Defending Freedom

Last updated

Pro-life and pro-choice activists demonstrate on the steps of the United States Supreme Court building during Gonzales v. Carhart. Gonzales v carhart protest.jpg
Pro-life and pro-choice activists demonstrate on the steps of the United States Supreme Court building during Gonzales v. Carhart.

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]

Contents

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]

List of cases

Following are legal cases in which the ADF has played a role, either by representing a party, filing an amicus brief, or otherwise participating:

1995

2001

2004

2006

2007

2011

2012

2014

2015

2016

Masterpiece Cakeshop in Lakewood, Colorado. Masterpiece Cakeshop (Lakewood, Colorado).JPG
Masterpiece Cakeshop in Lakewood, Colorado.
Audio recording of oral argument at Masterpiece Cakeshop.

2017

2018

2019

2020

2021

2022

2023

See also

Related Research Articles

<span class="mw-page-title-main">First Amendment to the United States Constitution</span> 1791 amendment limiting government restriction of civil rights

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.

<span class="mw-page-title-main">Thomas More Law Center</span> Christian conservative law firm in Michigan, US

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."

<span class="mw-page-title-main">Roberts Court</span> Period of the US Supreme Court since 2005

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.

<span class="mw-page-title-main">Neil Gorsuch</span> US Supreme Court justice since 2017 (born 1967)

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.

<span class="mw-page-title-main">Carlton W. Reeves</span> American judge (born 1964)

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.

<span class="mw-page-title-main">First Liberty Institute</span> American religious liberty advocacy organization

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.

<span class="mw-page-title-main">James C. Ho</span> American judge (born 1973)

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."

<span class="mw-page-title-main">Charles LiMandri</span> American lawyer (born 1955)

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.

References

  1. Issues, Alliance Defense Fund
  2. "Who We Are". adflegal.org. ADF. Retrieved January 29, 2017.
  3. 1 2 Sharon Otterman (March 30, 2015). "Supreme Court Leaves Intact New York's Ban on Religious Services in Schools". The New York Times . Retrieved April 4, 2015.
  4. Posner, Sarah. "The Legal Muscle Leading the Fight to End the Separation of Church and State Archived August 31, 2007, at the Wayback Machine " April 1, 2007, Washington Spectator Online
  5. "Burwell v. Hobby Lobby Stores, Inc".
  6. Allison, Sherry (December 5, 2017). "Who Is The Alliance Defending Freedom, The Legal Team Behind Masterpiece Cakeshop?". Colorado Public Radio. Retrieved January 28, 2018.
  7. 1 2 "Who We Are". Alliance Defending Freedom. Retrieved June 24, 2023.
  8. 1 2 Amy Littlefield (November 30, 2021). "The Christian Legal Army Behind the Ban on Abortion in Mississippi". The Nation. Retrieved June 29, 2023.
  9. Robert Booth Fowler (November 2010). Religion and Politics in America: Faith, Culture, and Strategic Choices ... ISBN   9781458720955 . Retrieved September 24, 2013.
  10. Joel Stashenko (February 3, 2009). "Conservative Christian Group Targets New York". Law.com. Retrieved September 24, 2013.
  11. "City of Littleton v. Z.J. Gifts D-4, L.L.C." Oyez. January 20, 2018. Retrieved January 28, 2018.
  12. "Colorado, Petitioner v. George Woldt and Francisco Martinez, Jr". Free Court Dockets. 2002. Retrieved January 28, 2018.
  13. "US Supreme Court Docket". FindLaw. Retrieved January 28, 2018.
  14. Boyer, Peter J. (March 14, 2005). "A Reporter at Large: Jesus in the Classroom". The New Yorker. Retrieved September 24, 2013.
  15. California teacher, district settle religion lawsuit | First Amendment Center – news, commentary, analysis on free speech, press, religion, assembly, petition Archived February 22, 2014, at the Wayback Machine
  16. Farrell, Michael B. "Will California gay-marriage trial go to Supreme Court?" Christian Science Monitor January 26, 2010: N.PAG. Academic Search Premier. Web. December 7, 2011.
  17. "California Judge Strikes Down Prop 8 Marriage Amendment". Liberty Counsel. August 4, 2010. Archived from the original on August 9, 2010. Retrieved August 5, 2010.
  18. "High court rules pro-life protests a lawful right". The Washington Times. February 27, 2003. Retrieved January 28, 2018.
  19. "Protecting young women: Pro-life organizations urge high court to uphold parental notification law". Alliance Defending Freedom. August 9, 2005. Retrieved January 28, 2018.
  20. Beard, Sterling (August 22, 2013). "NM Supreme Court Finds Refusing to Photograph Gay Wedding Illegal". National Review Online. Retrieved August 23, 2013.
  21. Gentilviso, Chris (August 22, 2013). "Elane Photography v. Vanessa Willock: Court Rules Against Photographer In Gay Bias Case". The Huffington Post. Retrieved August 23, 2013.
  22. Gershman, Jacob (August 22, 2013). "Photographers Discriminated Against Gay Couple, Court Rules". The Wall Street Journal. Retrieved August 23, 2013.
  23. "Legal ministry's CEO will discuss religious freedom". Catholic Transcript Magazine. August 27, 2012. Retrieved January 29, 2018.
  24. "School Choice Research". Arizona Christian School Tuition Organization. Retrieved January 28, 2018.
  25. Gorbman, Randy; Juan Vazquez (May 5, 2014). "Supreme Court Rules Prayers in Greece Can Continue". WXXI News. Retrieved January 20, 2018.
  26. Eric, Eckhholm (May 11, 2014). "Legal Alliance Gains Host of Court Victories for Conservative Christian Movement". New York Times. Retrieved January 21, 2018.
  27. Cunningham, Paige Winfield (July 30, 2014). "Abortion clinics: Drawing the line". Politico. Retrieved January 21, 2018.
  28. Cassidy, Suzanne. "Meet the major legal players in the Conestoga Wood Specialties Supreme Court case". Lancaster Online. Retrieved January 21, 2018.
  29. Geidner, Chris (January 14, 2014). "Oklahoma Ban On Same-Sex Marriages Is Unconstitutional, Federal Judge Rules". Buzz Feed. Retrieved January 15, 2014.
  30. "Victory for academic freedom: 4th Circuit says professor's speeches, columns protected by First Amendment – Alliance Defending Freedom". Archived from the original on October 9, 2016. Retrieved January 30, 2018.
  31. Dujardin, Peter (February 14, 2014). "Reaction mixed to Virginia judge's ruling in same-sex marriage case". Daily Press. Archived from the original on February 22, 2014. Retrieved February 17, 2014.
  32. Barnes, Robert; Portnoy, Jenna. "Appeals court upholds decision overturning Virginia's same-sex marriage ban". The Washington Post. Retrieved July 29, 2014.
  33. Cortman, David (June 23, 2015). "An Important Blow for Free Speech". National Review. Retrieved January 20, 2018.
  34. "Church sign case seems to sidestep religious freedom issue". MSNBC. Retrieved January 21, 2018.
  35. "Supreme Court will hear Gilbert church-sign case". azcentral. Retrieved January 21, 2018.
  36. "Holt v. Hobbs". SCOTUSblog. 2015. Retrieved January 29, 2018.
  37. Liz, O'Connor (November 30, 2015). "HHS mandate cases court will hear known collectively as Zubik v. Burwell". Catholic News Service. Archived from the original on January 30, 2018. Retrieved January 29, 2018.
  38. Kraemer, Kristen M. (July 17, 2017). "Richland floral shop owner wants US Supreme Court to review ruling". Union Bulletin. Retrieved January 28, 2018.
  39. Hurley, Lawrence (June 26, 2017). "Supreme Court Backs Church In Key Religious Rights Case". Huffington Post. Retrieved January 21, 2018.
  40. McGaughy, Lauren (March 26, 2018). "Trump administration enters into settlement talks over treatment of transgender inmates". Dallas News. Retrieved November 9, 2019.
  41. McGaughy, Lauren (May 15, 2018). "After Texas suit, Trump administration reverses prison policies protecting transgender inmates". Dallas News. Retrieved November 9, 2019.
  42. Ring, Trudy (November 8, 2019). "Anti-LGBTQ Group's Effort to Imprison Trans Women With Men Is on Hold". www.advocate.com. Retrieved November 9, 2019.
  43. Kurtz, Steve (January 31, 2018). "The Tenth Amendment: Out of the shadows and into the spotlight". Fox News. Retrieved February 24, 2018. 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.
  44. Farber, Madeline (November 16, 2017). "Supreme Court to hear anti-abortion and free speech case: A breakdown of NIFLA v. Becerra". Fox News. Retrieved January 20, 2018.
  45. Howe, Amy (June 26, 2018). "Opinion analysis: Divided court rules for anti-abortion pregnancy centers in challenge to California law". SCOTUSBlog. Retrieved June 26, 2018.
  46. "Atlanta City Council Votes To Settle Ex-Fire Chief's Lawsuit For $1.2 Million". CBS Atlanta. Associated Press. October 16, 2018. Retrieved October 17, 2018. 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.
  47. Associated Press (September 17, 2019) "Arizona artists win suit over same-sex wedding invitations" NBC News
  48. Trimble, Lynn (September 16, 2019) "Court: Phoenix Business Can Refuse to Make Invitations for Same-Sex Couples" Phoenix New Times
  49. Stern, Mark Joseph (September 16, 2019) "Arizona Supreme Court Greenlights Discrimination Against Same-Sex Weddings" Slate
  50. "Lexington-Fayette Urban County Human Rights Commission v. Hands-On Originals". Justia US Law. Retrieved September 1, 2023.
  51. "DAVID THOMPSON, ET AL., v. HEATHER HEBDON, EXECUTIVE DIRECTOR OF THE ALASKA PUBLIC OFFICES COMMISSION, ET AL" (PDF). Supreme Court. November 25, 2019. Retrieved November 6, 2023.
  52. Grinberg, Emanuella (August 30, 2018). "She came out as transgender and got fired. Now her case might become a test for LGBTQ rights at the US Supreme Court". CNN. Retrieved June 15, 2020.
  53. "In landmark case, Supreme Court rules LGBTQ workers are protected from job discrimination". NBC News. Retrieved June 15, 2020.
  54. "March for Life Education and Defense Fund, Petitioner v. California, et al". Supreme Court. October 22, 2019. Retrieved November 6, 2023.
  55. Meriwether v. Hartop, US Court of Appeals for the Sixth CircuitNo. 20-3289 (26 March 2021).
  56. "UZUEGBUNAM ET AL. v. PRECZEWSKI" (PDF). Supreme Court. Retrieved September 1, 2023.
  57. "AMERICANS FOR PROSPERITY FOUNDATION v. BONTA, ATTORNEY GENERAL OF CALIFORNIA" (PDF). Supreme Court. Retrieved September 1, 2023.
  58. "Case: Soule v. Connecticut Association of Schools, Inc". Civil Rights Litigation Clearinghouse. Retrieved September 1, 2023.
  59. "Alliance Hippocratic Medicine v. FDA, No. 23-10362 (5th Cir. 2023)". Justia US Law. Retrieved September 1, 2023.
  60. "303 CREATIVE LLC ET AL. v. ELENIS ET AL" (PDF). Supreme Court. June 30, 2023. Retrieved November 6, 2023.
  61. Kenneth Wong (May 4, 2023). "Washington Elementary School District reaches deal with Christian college over lawsuit: ADF". Fox 10. Retrieved November 6, 2023.
  62. "MAGGIE R. DEJONG, Plaintiff, v. RANDALL PEMBROOK, JAMIE BALL, and MEGAN A. ROBB, Defendants". United States District Court, S.D. Illinois. March 20, 2023. Retrieved November 6, 2023.
  63. Penny Weaver (July 30, 2023). "SIUE settles free speech lawsuit for $80,000 plus training, policy updates". The Intelligencer. Retrieved November 6, 2023.