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61-694: The Becket Fund for Religious Freedom was founded in 1994 by Kevin Hasson , a lawyer who previously worked in the Reagan Administration Justice Department under Samuel Alito , then-Assistant Attorney General and current U.S. Supreme Court Justice. Subsequently, Hasson worked at the Washington law firm Williams & Connolly , where he became well-known and controversial for defending Catholic University 's decision to fire Charles Curran for his opposition to Church doctrine despite his being

122-457: A century." Prior to his retirement, Hasson lectured and debated in a wide variety of venues, including The University of Oxford, the Vatican, Harvard Law School, and Stanford Law School . He holds honorary doctorates from several universities, including The Catholic University of America, Ave Maria University, and his alma mater, The University of Notre Dame. Hasson currently serves as a trustee at

183-575: A mosque in Murfreesboro, Tennessee , that was denied the right to use its building by a local court after complaints that the mosque was promoting terrorism. Becket has also litigated on behalf of prisoners who seek to continue following their beliefs in prison. Becket has sought to ensure that observant Jewish prisoners are provided with kosher food in every prison in the United States. In the case of Moussazadeh v. Texas Department of Criminal Justice ,

244-456: A public accommodation, and as such, the Court applied strict scrutiny review of the city's policies towards any potential discrimination. Justice Barrett wrote a concurring opinion to which Justice Kavanaugh joined and Justice Breyer joined for all but the first paragraph. While Barrett wrote that "the textual and structural arguments against Smith ...are compelling", she joined in the majority in

305-568: A respected moral theologian. Hasson, who is Catholic, named The Becket Fund after Saint Thomas Becket , who was the Archbishop of Canterbury from 1162 to 1170 during the reign of Henry II of England . A long series of quarrels with King Henry ended with Becket's murder and martyrdom at Canterbury Cathedral in 1170. His last words were an acceptance of death in defense of the church of Christ. In 2011, Hasson stepped down as president of Becket, making way for William P. Mumma, who has since served as

366-515: A right to operate in accordance with their conscience. Becket also litigated Holt v. Hobbs (2015) at the Supreme Court. A Muslim inmate in the Arkansas prison system wanted to grow a beard according to his faith. When he was denied his request he wrote a petition to the Supreme Court asking to hear his case. The Court agreed to take on the case and Becket represented Holt, citing that the denial of

427-522: A ruling earlier that year, ruled that the presence of a cross in the County seal did not violate the constitution since it commemorated the history of Lehigh County. Since 2022, the firm represents Yeshiva University , a Modern Orthodox Jewish university in New York City, in a case where undergraduate students sued the university for refusing to recognize an LGBTQ student group. A New York court ruled that

488-620: A time of growing hostility towards religion, the Supreme Court's reaffirmation of this fundamental freedom is even more critical." The Southern Baptist Convention stated that the ruling "prohibits no one from serving children" but "simply ends state discrimination against religious groups." American attorney Roger Severino who served as the director of the Office of Civil Rights (OCR) at the United States Department of Health and Human Services opined that "religious liberty won 9 votes" in

549-469: Is a basic human right that no government may lawfully deny; it is not a gift of the state, but instead is rooted in the inherent dignity of the human person". Becket also asserts that "[r]eligious people and institutions are entitled to participate in public life on an equal basis with everyone else." Becket has served as counsel at the Supreme Court for eight religious freedom cases since 2012, starting with Hosanna-Tabor v. EEOC (2012). In Hosanna-Tabor ,

610-471: Is devastating for the human rights of people who identify as LGBTQ+". However, the ACLU LGBT + HIV Project, which helped to defend two agencies on behalf of the city, supported the ruling, stating that the Court denied "opponents of LGBTQ equality" the "constitutional right to opt out of [non-discrimination protections] when discrimination is motivated by religious beliefs". Religious groups were also mixed on

671-622: The European Court of Human Rights , and assisted in pre-litigation and litigation in Europe, Asia, and Australia. Kevin Hasson Kevin J. "Seamus" Hasson is Founder and President Emeritus of The Becket Fund for Religious Liberty , a non-profit, public interest law firm that represents persons of all faiths. The Becket Fund is well known for successfully representing the Little Sisters of

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732-572: The First Amendment to the United States Constitution . The specific case deals with a religious-backed foster care agency that was denied a new contract by the City of Philadelphia, Pennsylvania , due to the agency's refusal to certify married same-sex couples as foster parents on religious grounds. In a unanimous judgment on June 17, 2021, the Court ruled that the city's refusal due to

793-563: The International Religious Liberty Award in recognition of his outstanding contributions to the promotion and preservation of religious freedom. Fulton v. City of Philadelphia Fulton v. City of Philadelphia , 593 U.S. 522 (2021), was a United States Supreme Court case dealing with litigation over discrimination of local regulations based on the Free Exercise Clause and Establishment Clause of

854-478: The Smith standard should be replaced with "the standard that Smith replaced: A law that imposes a substantial burden on religious exercise can be sustained only if it is narrowly tailored to serve a compelling government interest." Gorsuch's opinion echoed Alito's call for overturning Smith , adding that the majority opinion had undertaken a "dizzying series of maneuvers" to arrive at their judgment. On July 28, 2021,

915-584: The United States Court of Appeals for the Fifth Circuit affirmed the right of a Jewish prisoner to receive kosher food in a Texas prison. From 2016 to 2019, Becket represented Lehigh County, Pennsylvania when it was sued by the Madison, Wisconsin based atheist advocacy organization Freedom From Religion Foundation for having a cross on its County seal and flag . Edward G. Smith , a federal judge with

976-544: The United States Department of Health and Human Services ' contraceptive mandate on employer-paid health insurance coverage of contraception, which had at the time been consolidated into Zubik v. Burwell , Little Sisters of the Poor v. Burwell , and Houston Baptist University and East Baptist University v. Burwell . List of Supreme Court cases: Becket has represented groups and persons from many different religious traditions; its founder, Kevin Hasson, claims that Becket defends

1037-703: The United States District Court for the Eastern District of Pennsylvania in Philadelphia , citing the 1971 case of Lemon v. Kurtzman ruled that the addition of a cross on the County's seal was unconstitutional in 2017, but the County appealed the decision. In 2019 the United States Court of Appeals for the Third Circuit in Philadelphia, citing American Legion v. American Humanist Association ,

1098-673: The White House and cabinet departments on church-state relations. In this position he worked under Samuel Alito . Hasson was involved in successfully arguing the right of the Catholic University of America to enact and enforce a Vatican ban on a professor from teaching theology. He also was a counsel for the Catholic Church in Abortion Rights Mobilization, Inc. v. United States Catholic Conference where he defended

1159-569: The "religious rights of people from 'A to Z,' from Anglicans to Zoroastrians." Previous clients also included the City of Cranston in the attempt to preserve the Prayer Banner at Cranston High School West . In 1997, the Rigdon v. Perry case set a precedent that the military could not ban chaplains from following the directives of their religious leaders. In 2010, Becket represented Sacramento -area public school students who sought to continue reciting

1220-680: The Becket Fund, Hasson met with religious and world leaders across the globe, such as Pope John Paul II, the Dalai Lama, and Elie Wiesel. Before founding the Becket Fund in 1994, Hasson was an attorney at Williams & Connolly in Washington D.C. , where he focused on religious liberty litigation. From 1986 to 1987, he served in the Office of Legal Counsel at the Justice Department where he advised

1281-521: The Commissioner of Human Services. Roberts found that with this exception capability, the anti-discrimination clause failed via Smith , in that "where the State has in place a system of individual exemptions, it may not refuse to extend that system to cases of 'religious hardship' without compelling reason". Roberts wrote that the city's policy to deny contracting CSS due to their same-sex couple policy violated

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1342-461: The Court when no same-sex couples had ever been turned down by CSS. According to the New York Times, questions posed by newly appointed Associate Justice Amy Coney Barrett during the case's oral arguments were "evenhanded and did not reveal her position." The Court issued its decision on June 17, 2021. In a unanimous judgment, the Court reversed the Third Circuit's ruling and remanded

1403-498: The Court's conservative majority, it had been expected that the decision would have been a significant victory for religious groups and a loss for LGBT supporters. Instead, the Court's decision was seen as narrowly focused that only gave a small victory for conservative religious groups, and bypassed larger questions that had been asked regarding the accommodations for LGBT by religion-based groups in governmental regulations. Mark Joseph Stern for Slate opined that Roberts had written

1464-560: The Free Exercise Clause. Roberts concluded that "The City has burdened CSS's religious exercise through policies that do not satisfy the threshold requirement of being neutral and generally applicable", and thus ruled against the city. Roberts wrote "it is plain that the city's actions have burdened CSS's religious exercise by putting it to the choice of curtailing its mission or approving relationships inconsistent with its beliefs." Roberts wrote that foster care services do not fall as

1525-644: The Poor in the U.S. Supreme Court. The firm also successfully represented Hobby Lobby in Hobby Lobby v. Burwell, in which the Supreme Court held that protections under the Religious Freedom Restoration Act applied to closely held corporations. The Becket Fund also secured a victory in EEOC v. Hosanna Tabor, which the Wall Street Journal called one of "the most important religious liberty cases in half

1586-564: The Supreme Court unanimously ruled (9-0) in favor of the ministerial exception doctrine for the first time, which exempts religious institutions from anti-discrimination laws in hiring its "ministers". They also served as counsel to the plaintiffs in Burwell v. Hobby Lobby Stores, Inc. (2014) in their fight to exempt themselves from having to pay for four different drugs and devices they deemed as abortifacients. The court ruled 5–4 in favor of Hobby Lobby , asserting that family owned businesses have

1647-448: The Supreme Court was Fulton v. City of Philadelphia (2021). In a 9-0 ruling, the Court held that the City of Philadelphia could not refuse to contract with Catholic Social Services (CSS) because of CSS's rejection of same-sex couples as foster parents, a violation of the city's non-discrimination requirements. Becket has also filed petitions to the Supreme Court in two cases involving

1708-587: The Third Circuit reversed the judgment of the district court, and remanded the case for further proceedings in light of the Supreme Court's opinion. On September 24, 2021, the District Court permanently enjoined the City from (1) refusing to contract with CSS unless they agree to certify same-sex and unmarried couples, (2) declining to refer foster children to CSS on the basis of CSS's religious exemption from certifying same-sex and unmarried couples as foster parents, and (3) declining to place foster children with any of

1769-412: The United States. While Becket typically litigates in favor of religious liberty claims, it occasionally intervenes in favor of the state to oppose free exercise challenges. One example came when Jewish plaintiffs challenged Indiana's restrictive abortion statutes after Dobbs v. Jackson Women's Health Organization , claiming that Indiana's laws limiting abortion infringed on Jewish religious belief (which

1830-942: The University of Dallas. Hasson has been quoted in the New York Times, the Washington Post, the Wall Street Journal, the Christian Science Monitor, USA Today, and U.S. News & World Report, as well as in regional media outlets from the Los Angeles Times to the Chicago Tribune to the Philadelphia Inquirer. He has appeared on broadcast news programs including the Today Show, Dateline NBC, Fox & Friends, NPR, CNN, and Al-Jazeera. While serving as President of

1891-615: The agency's same-sex couple policy violated the Free Exercise Clause. The case was decided on narrow grounds outside of the Supreme Court's prior decision in Employment Division v. Smith , which had previously ruled that neutral laws of general applicability could not be challenged for violating religious exemptions. Instead, in Fulton , the court ruled that services like foster care contracting were not generally applicable under Smith , and thus were subject to strict scrutiny review. Because

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1952-473: The baker, rather than establish any landmark decision. Philadelphia's City Solicitor Diana Cortes called the ruling a "difficult and disappointing setback" but was also gratified that the decision did not "radically change existing constitutional law to adopt a standard that would force court-ordered religious exemptions from civic obligations in every arena." A lawyer at The Becket Fund for Religious Liberty, which represented CSS and other foster care groups in

2013-435: The case for further review. The majority opinion was written by Chief Justice John Roberts and joined by Justices Stephen Breyer , Sonia Sotomayor , Elena Kagan , Brett Kavanaugh , and Amy Coney Barrett . The decision was made on narrow grounds beyond the scope of Smith . Roberts identified that the anti-discrimination clause in the city's foster care certification policy included an allowance for exceptions to be made by

2074-423: The case, named Lori Windham stated that the Court's decision was a "common-sense ruling in favor of religious social services". "It’s a beautiful day when the highest court in the land protects foster moms and the 200-year-old religious ministry that supports them", said Lori Windham, the senior counsel at Becket who argued the case in Fulton . Plaintiffs Sharronell Fulton and Toni Simms-Busch were both pleased with

2135-624: The city allowed for exceptions to be made in its anti-discrimination policy for foster care certification, the Court deemed the city's refusal to grant an exemption for Catholic Social Services as violating its free exercise of religion under Smith . The Roman Catholic Archdiocese of Philadelphia runs the Catholic Social Services of the Archdiocese of Philadelphia (CSS), which has operated a foster care agency in Philadelphia for over 100 years. The foster care agency had been registered with

2196-792: The city in the United States District Court for the Eastern District of Pennsylvania under the Free Exercise Clause and Establishment Clause of First Amendment to the United States Constitution , the Pennsylvania State Religious Freedom Restoration Acts , Free Speech Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 , Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at 42 U.S.C.   § 2000bb through 42 U.S.C.   § 2000bb-4 (also known as RFRA). CSS also had argued from

2257-413: The city of Philadelphia was not respectful of the religious beliefs held by Catholic Social Services (CSS). It appeared to Justice Brett Kavanaugh that Philadelphia was “looking for a fight” by taking an "absolutist and extreme position". Justice Samuel Alito noted that the case wasn't about same-sex couples in Philadelphia having the opportunity to be foster parents, but it's “the fact the city can’t stand

2318-441: The city up through 2018. The Philadelphia Inquirer ran an article on March 13, 2018, which described the experience of a same-sex couple that went to an information session at Bethany Christian Service, which operated its own foster care service separate from CSS. At the session, the couple were told they would be wasting time because there was a policy for refusing to certify same-sex couples as foster parents. In following up,

2379-453: The city's claim against Employment Division v. Smith . CSS and the foster parents petitioned to the Supreme Court to hear the case, which was certified in February 2020. Oral arguments occurred over telephone on November 4, 2020; Neal Katyal offered oral argument for the city. On November 4, the Court heard oral arguments in Fulton . Two conservative members made clear that in their eyes

2440-532: The court's decision. Their reactions ranged from the emphasis upon the narrow grounds on which the decision rested to deep disappointment. The Supreme Court's decision was regarded as an infringement on the rights of LGBTQ parents by LGBTQ Nation . Ronald E. Richter, the CEO of New York City's largest foster care system, stated that the decision "to allow private agencies that receive tax dollars to provide government services to discriminate against LGBTQ+ families like mine

2501-634: The current form of the Pledge of Allegiance (including the words "under God") in Newdow v. Carey , the second case brought by Michael Newdow seeking to remove the words "under God" from the Pledge of Allegiance. Becket also represented intervenors in the challenge to the Pledge of Allegiance in Hanover, New Hampshire public schools. Both cases were resolved in favor of the current Pledge language. In 2012, Becket represented

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2562-505: The decision in Fulton was compared to the Court's approach in deciding Masterpiece Cakeshop v. Colorado Civil Rights Commission in 2018, where a baker refused to provide a custom-made cake for a gay couple's wedding and had faced action under the Colorado anti-discrimination laws; in Masterpiece , the Court similarly ruled on a narrow basis on the approach Colorado had taken in reprimanding

2623-506: The decision. Progressive religious groups were generally disappointed by the decision, but some like the Americans United for Separation of Church & State commended the Court for maintaining a narrow decision. Conservative religious groups were generally more supportive of the Court's ruling, though recognized the narrowness of the ruling. The Family Research Council called the ruling "a substantial win for religious liberty", and "In

2684-445: The individual plaintiffs on the basis of CSS's religious exemption from certifying same-sex and unmarried couples as foster parents. The City was also ordered not to take any other adverse action under Pennsylvania law against CSS for its certification of prospective foster parents. Prior to the Court's ruling, Fulton had been anticipated to be a landmark case in the conflict between freedom of religious expression and LGBT rights; with

2745-427: The law firm had eleven litigating attorneys, and an estimated budget of five million dollars. The firm operates as a non-profit. The law firm's stated mission is to "protect the free expression of all religious traditions". The organization has indicated that it is their belief that "rights derive [...] not [from] the State, but a Source beyond the State's discretion." The organization maintains that "freedom of religion

2806-554: The law is neutral and generally applicable, as required by Smith , and that the Court's ruling in CSS's favor would impinge on the civil rights of not only LGBT individuals but potentially those of such groups as religious minorities . The District Court refused to grant a preliminary injunction against the city's contract termination, leading CSS to appeal to the Third Circuit . The Third Circuit unanimously ruled against CSS, upholding

2867-432: The majority rationale for the judgment did not do enough to support religious freedoms and had left Smith in place. Alito called for the overturning of Smith and wrote in his opinion "The Court has emitted a wisp of a decision that leaves religious liberty in a confused and vulnerable state. Those who count on this Court to stand up for the First Amendment have every right to be disappointed – as am I." Alito opined that

2928-400: The message that Catholic Social Services and the Archdiocese are sending by continuing to adhere to the old-fashioned view about marriage.” The key issues discussed during oral argument were general applicability under Smith , whether CSS is running a government program or the recipient of a license to provide a service, comparison to other forms of discrimination, and why the case was before

2989-471: The narrow opinion that did not evoke Smith , stating that "There would be a number of issues to work through if Smith were overruled." Justice Samuel Alito wrote an opinion concurring in judgment, which was joined by Justices Clarence Thomas and Neil Gorsuch . Justice Gorsuch also wrote an opinion concurring in judgment, which Thomas and Alito joined. In both opinions, the Justices expressed concerns that

3050-599: The opinion in a narrow matter to minimize the impact on LGBT rights so as to bring the liberal members of the Court into joining with the majority. Linda Greenhouse noted that the Smith rule was not applied because the policy allowed exceptions to Philadelphia's nondiscrimination policy and so it was not a generally applicable policy. Greenhouse says the case Church of Lukumi Babalu Aye, Inc. v. Hialeah requiring strict scrutiny analysis for laws that burden religious practice has been applied more expansively in recent cases. Richard Garnett of Notre Dame Law School said that

3111-755: The plaintiff's right to grow his beard according to his faith is a clear violation of the Religious Land Use and Institutionalized Persons Act . The Supreme Court would later unanimously rule in support of Holt. Becket served as counsel to the Little Sisters of the Poor in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (2020). That same term, Becket represented Our Lady of Guadalupe School in Our Lady of Guadalupe School v. Morrissey-Berru (2020). The most recent case Becket litigated at

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3172-528: The plaintiffs contended require that abortion be available in most or all situations). In contrast to their normally broad defense of religious liberty claimants, Becket here argued that the Jewish plaintiffs, who had won a preliminary challenge in lower court, were "insincere" in their stated religious beliefs and that even if their religious beliefs were sincere Indiana was justified in overriding them to protect "innocent life". Becket has represented Muslim clients in

3233-474: The president and chairman of the board. Kristina Arriaga, who was the executive director of Becket starting in 2010 and a member of the firm since 1995, is now a senior advisor to the board. Montse Alvarado, who started with Becket in 2009, replaced Arriaga as executive director in 2017. Mark Rienzi now serves as president and CEO of Becket. In 2021, the law firm reported having 63 employees and revenue of about $ 11.2 million, up from $ 7.5 million in 2020. In 2014,

3294-476: The recent Supreme Court decision of Masterpiece Cakeshop v. Colorado Civil Rights Commission that they had been subject to hostility from the city based on anti-religious prejudice. CSS asked the Court to overrule its 1990 decision Employment Division v. Smith which held that "neutral and generally applicable laws" that only incidentally burden the free exercise of religion are subject to rational basis review . CSS also contended that their religious exercise

3355-428: The reporter discovered that CSS held a similar policy, and had spoken to the city's Department of Human Services, which oversaw regulating foster care services, to notify them of these issues. The Commissioner of Human Services for the city, Cynthia Figueroa, followed up on the report with both CSS and Bethany Christian Services to confirm its veracity towards discrimination against same-sex couples. Figueroa also reviewed

3416-727: The right of the Catholic Church to maintain its tax exempt status while teaching and advocating its moral position on abortion. He is a 1985 magna cum laude graduate of the University of Notre Dame Law School, and also holds a master's degree in theology from Notre Dame. He is a member of the Board of Directors of the Bible Literacy Project. In 2011, the International Center for Law and Religion Studies and J. Reuben Clark Law School of Brigham Young University presented Hasson

3477-524: The ruling; Fulton stated "I am overjoyed that the Supreme Court recognized the import work of Catholic Social Services and has allowed me to continue fostering children most in need of a loving home", while Simms-Busch said "The Supreme Court’s decision ensures the most vulnerable children in the City of Brotherly Love have every opportunity to find loving homes." Civil rights organization that (also) focuses on lesbian , gay , bisexual , and transgender ( LGBT ) people and communities reacted differently to

3538-616: The standard with other registered foster care agencies for the city, many also who were also run by religious organizations, but found none of the others had similar restrictions against same-sex couples. Within a few days of the article's publication, the city suspended CSS's contract; the Bethany Christian Service had been able to work a deal to accept foster care from same-sex couples to maintain theirs. CSS and several foster couples under CSS, including foster mothers Sharonell Fulton and Toni Simms-Busch, brought litigation against

3599-503: The unanimous ruling reaffirming this trend in free exercise jurisprudence was "highly significant" and gained support from the Court's liberal wing. Adam Winkler said the decision was "definitely not a landmark case" but reflected the "importance of religious liberty in this Supreme Court". Ian Millhiser wrote in an article for Vox that the majority opinion was "exceedingly narrow" and was decided "on grounds that are unlikely to have many implications for future cases". The narrowness of

3660-524: The university must recognize the undergraduate Pride Alliance in June, 2022; the university appealed to the U.S. Supreme Court in an attempt to block the ruling in August 2022. Another significant area of litigation for Becket has been land use by religious organizations. Becket brought the first case under the Religious Land Use and Institutionalized Persons Act , and has been involved with such litigation throughout

3721-415: Was burdened by the city policy because the city allows race and disability-based exceptions within foster-care placements The city countered that the precedent set by Employment Division v. Smith , alongside that other agencies in the city with similar religious backing accepted same-sex foster couples, supported the city's decision to terminate CSS's contract. The city of Philadelphia argued that

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