Across the U.S., from California to Philadelphia, people of all faith have fought for and won the right to freely follow their consciences where they live, work, and serve.
Now, the fight continues as foster families, historic crosses, students, and pastors, imams, rabbis, and nuns face off against anti-religious activist groups and government agencies — some going all the way up to the Supreme Court. Here’s a preview of the top religious liberty victories to come.
Will foster families be able to continue working with religious adoption agencies? Thousands of children in Philadelphia don’t have a bed to call their own. Yet Sharonell Fulton, a mother who has fostered 40 children over 25 years, is unable to open her home to them, because the city of Philadelphia is trying to shut down the adoption agency she chooses to work with and the only one she is licensed with. The reason is solely because Philadelphia disagrees with the agency’s religious beliefs on marriage. The 3rd Circuit will decide whether a Catholic ministry has the right to serve families according to its faith, and whether foster parents like Sharonell have the right to choose the agency with the services that best fits their needs.
Meanwhile, in Michigan, foster parents like Melissa and Chad Buck, who adopted five children with special needs through St. Vincent Catholic Charities, face a similar fight. The ACLU is trying to shut down St. Vincent, a faith-based agency that partners with the state, because of its religious beliefs. Now Melissa worries that the agency of her choice that has supported her every step of her journey will permanently close its doors, ending any chances for her to foster more children in the future. These two cases could determine the futures of thousands of foster children and ability of foster parents to care for them through the agencies of their choice.
Will the Supreme Court end anti-religion lawsuits over religious symbols in the public square? Anti-religion activists are on the hunt for religious symbols to scrub from the public square. A Pennsylvania county seal features various images that capture the county’s history and culture, including the Liberty bell, a farm, a lamp and a cross, but only one has atheist activists irked. The cross symbolizes the county’s early Christian settlers, who fled religious persecution, but the Freedom From Religion Foundation is now suing at the 3rd Circuit to censor it from Lehigh County’s 70 year-old-seal.
Meanwhile, the fate of two other crosses rests with the Supreme Court. In Pensacola, four individuals backed by the American Humanist Association are claiming to be “offended” by a historic World War II-era cross that has stood in a city park for 75 years. In Bladensburg, Md., a 100-year-old World War I memorial known as “the Peace Cross,” also faces a lawsuit by the same group. But the Constitution doesn’t require governments to tear down religious symbols that represent culture and history. In fact, a pluralism of symbols is a good thing, because it reflects a pluralism of beliefs – which is a good thing for any society.
Will the court protect religious groups from $1 billion in new taxes? Pastor Chris Butler lives and works in Chicago’s South Side. By day, he leads a predominantly African-American congregation, and by night, he does the same thing. His ministry – serving the homeless, at-risk youth, and victims of violence and drug abuse – requires him to live near his congregation and be available 24/7. And thanks to a tax-exempt housing allowance given to faith leaders as well as the military, cops, and teachers, he can live and work side by side with those who need him at any hour of the day. But he faces a familiar foe: anti-religious activists want to end this provision for pastors, rabbis, and imams. This would impose $1 billion in new taxes annually on houses of worship nationwide. The 7th Circuit will decide soon: Can the IRS be forced to give faith leaders worse tax treatment than secular workers, threatening the communities that rely on religious ministries?
Will religious student groups be allowed on campus? Business Leaders in Christ is a Christian student group at the University of Iowa. Like many campus groups, such as fraternities, sororities, feminist, and pro-life groups, BlinC asks that its leaders share their mission and agree with its beliefs. But last year, the University of Iowa suddenly targeted and kicked BLinC off campus. The group went to court and won their way back onto campus, for now. Next year, the court will decide if religious groups like BLinC are welcome permanently on campus, or if universities nationwide can discriminate against religious groups just because they don’t like their beliefs.
Will California and Pennsylvania finally let the Little Sisters serve? Our favorite nuns are still in court. In November, the Little Sisters of the Poor, a Catholic order of nuns who care for the elderly, finally won an exemption from having to provide services like the week-after pill in their healthcare plans in violation of their faith. But now the states of California and Pennsylvania are suing to take their rights away — rights that the Little Sisters have finally won after a four-year legal battle and two successful appearances before the U.S. Supreme Court. The 9th Circuit just gave California Attorney General Xavier Becerra the go-ahead to keep fighting the Little Sisters in court, so it looks like they could end up at the Supreme Court soon for a third time.
Mark Rienzi is president of the Becket Fund for Religious Liberty, a non-profit law firm dedicated to protecting people of all faiths. He has successfully argued at the Supreme Court and represents the Little Sisters of the Poor.
