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First Liberty Institute

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First Liberty Institute is a nonprofit Christian conservative legal organization[2] based in Plano, Texas.[3][4]

First Liberty
Formation1997; 27 years ago (1997)
Type501(c)3 organization
75-1403169
Purposelitigation in religious freedom disputes
Headquarters2001 West Plano Parkway, Suite 1600
Plano, Texas 75075
President, CEO
Kelly Shackelford
Executive General Counsel
Hiram Sasser
Revenue
Increase $10,099,518 (2017)
Increase $8,392,977 (2016)[1][needs update]
Websitefirstliberty.org Edit this at Wikidata

Prominent in the legal circles on the Christian right,[5] the organization litigates in First Amendment cases on religion,[6] and is often referred to as a law firm.[7][8]

First Liberty Institute is headed by Kelly Shackelford[9] who founded the organization in 1997 under the name Liberty Legal Institute.[10] The organization changed its name to Liberty Institute in 2009 and then, in 2016, to First Liberty Institute.[11]

First Liberty Institute is a member of the advisory board of Project 2025,[12] a collection of conservative and right-wing policy proposals from the Heritage Foundation to reshape the United States federal government and consolidate executive power should the Republican nominee win the 2024 presidential election.[13]

Prominent cases

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First Liberty Institute is one of several Christian conservative legal organizations in the United States; others include the Alliance Defending Freedom, American Center for Law and Justice, Thomas More Society, Freedom of Conscience Defense Fund, Liberty Counsel, National Legal Foundation, and Christian Legal Society.[2] The group has taken stances against LGBT rights.[14][15] Among its most prominent cases are the "Candy Cane Case"; legal actions taken to stop a report on an investigation into Sarah Palin being published; and numerous legal cases filed in Texas courts concerning First Amendment and religious freedom issues.[16][17]

List of Supreme Court cases:

Coach Joe Kennedy

First Liberty Institute represented high school football coach Joseph A. Kennedy in a lawsuit against the Bremerton School District in the state of Washington.[18] The dispute centers around the dismissal of the coach after a school policy conflict pertaining to his practice of a prayer after each game.[19][20] The Supreme Court declined to hear the case in January 2019.[21][22] In March 2020, a federal district court ruled against Kennedy.[23] In January 2022, the Supreme Court agreed to hear the case.[24] In April 2022, the Supreme Court heard oral argument in the case.[25] In June 2022, the Supreme Court ruled in favor of the coach. In a 6-3 ruling, the Court held that the school district discriminated against Coach Kennedy and that his prayers are protected by the Constitution's guarantees of free speech and religious exercise.[26][27]

Maine tuition program

First Liberty, alongside the Institute for Justice, represented three families in the Supreme Court case Carson v. Makin.[28] The case centered around the limits of school vouchers offered by state governments to pay for religious-based private schools.[29] A Maine law excluded religious schools from a state tuition program, which pays for students to attend private schools.[30] In December 2021, the Supreme Court heard oral argument in the case.[31] In June 2022, the Supreme Court ruled 6–3 in favor of the three families, holding that Maine's exclusion of religious schools from otherwise generally available tuition assistance programs violated the Free Exercise Clause.[32] The case was remanded to a lower court for further proceedings.[33]

Oregon cake bakers

First Liberty represents Aaron and Melissa Klein, who owned a family bakery in Oregon, Sweet Cakes by Melissa. In 2013, they declined to design and create a custom wedding cake to celebrate a same-sex wedding because doing so would violate their religious beliefs. In 2015, the Oregon Bureau of Labor and Industries found the couple had violated the state's nondiscrimination statutes and ordered them to pay $135,000 in compensatory damages. That decision was reaffirmed by a ruling from the Oregon Court of Appeals in 2017.[34] In 2018, the case was appealed to the U.S. Supreme Court.[35] In 2019, the U.S. Supreme Court vacated the ruling and directed the Oregon court to review its decision in the wake of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, which favored a Colorado baker who also declined to serve a same-sex couple because of his religious beliefs.[36] In January 2022, the Oregon Court of Appeals, for a second time, held that the Kleins had illegally discriminated against the same-sex couple, but ordered the state to reconsider the monetary damages.[37]

Veterans memorials

First Liberty Institute has litigated veterans memorial cross cases. Among these cases was the Bladensburg WWI Veterans Memorial case, which has been in litigation since 2014, after the American Humanist Association sued to remove the memorial claiming it was in violation of the U.S. Constitution.[38][39][40] In June 2019, the U.S. Supreme Court ruled in American Legion v. American Humanist Association upholding the cross memorial, citing that it did not violate the Establishment Clause.[41] In previous years, the Freedom From Religion Foundation, the ACLU, and the American Humanist Association have challenged other similar veterans memorial cross cases.[42][43]

Dr. Eric Walsh

First Liberty Institute represented Dr. Eric Walsh in a lawsuit against the Georgia Department of Health (DPH), which hired Walsh in 2014 as a public health director for northwest Georgia, and then fired him one week later after reviewing his Seventh-Day Adventist sermons. Walsh alleged that Georgia DPH had unlawfully discriminated against him based on religion. The state settled the case for $225,000.[44]

Religious expression for military service members

First Liberty filed a lawsuit against the Navy and the Department of Defense on behalf of 35 Navy SEALs in November 2021.[45] The suit alleges that the service members had faced a range of military discipline for declining to take the COVID-19 vaccine due to their religious beliefs. In January 2022, a U.S. District Judge issued a preliminary injunction, blocking the Navy and the Department of Defense from punishing the service members and enforcing the vaccine mandate.[46] In March 2022, the Supreme Court issued an order affirming the Biden administration's authority to make deployment decisions based on vaccination status.[47]

In May 2022, First Liberty Institute, alongside law firm Schaerr Jaffe LLP, filed a lawsuit against the Department of Defense and the Air Force on behalf of several U.S. Air Force service members. The suit alleges that the Department of Defense is violating the First Amendment by denying several service members a religious exemption to the COVID-19 vaccine mandate.[48]

In 2011, First Liberty filed a lawsuit against the U.S. Department of Veterans Affairs alleging that the department had censored prayers and the use of the words "God" or "Jesus". The department's response was that its regulations stated that there is no censorship but that the religious preferences of the families of the deceased are respected and that at times families have complained about volunteers and the Veterans of Foreign Wars had included religious references in services even though the families had requested that there be none. The department's response said, "Defendants believe that it should be the family's choice and decision what to have read in accordance with their faith tradition, if any, because it would be improper for others to impose their own religious preferences on a Veteran's family, especially during this meaningful event".[49] The case was settled in September 2012 after mediation by former Texas Supreme Court Chief Justice Thomas R. Phillips.[50]

The "Candy Cane Case"

The "Candy Cane Case" began in 2004, after a student in Plano, Texas, was prohibited by school officials from distributing candy canes with a religious story attached at his school's Christmas party.[16] In 2011, the U.S. Court of Appeals for the Fifth Circuit granted two school principals immunity in the case against the Plano Independent School District.[51] The Liberty Institute appealed the case to the U.S. Supreme Court,[52] which refused to hear the case in 2012, upholding the decision of the U.S. Court of Appeals for the Fifth Circuit.[53]

Prominent individuals

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In November 2016, Ken Klukowski, First Liberty's senior counsel and director of strategic affairs was appointed to head the issue area of "Protecting Americans' Constitutional Rights" in the Donald Trump presidential transition team.[54] Klukowski, later Senior Counsel to Assistant Attorney General Jeffrey Clark, was one of several Trump campaign officials subpoenaed in the Jan. 6 Select Committee investigation.[55]

Matthew J. Kacsmaryk, who served as Deputy General Counsel to First Liberty Institute, and Jeff Mateer, who previously served as general counsel, were nominated in 2017 by President Trump for District Court positions. Mateer subsequently withdrew after a May 2015 speech where he referred to transgender children as "Satan's plan" became public.[56][57] The Senate confirmed Kacsmaryk on June 19, 2019.[58][59]

James C. Ho worked as a volunteer attorney at First Liberty prior to becoming a judge on the United States Court of Appeals for the Fifth Circuit.[60]

Josh Hammer, editor at Newsweek and host of The Josh Hammer Show, served as Of Counsel at First Liberty prior to joining Newsweek.[61][62]

References

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  1. ^ "First Liberty Institute - Nonprofit Explorer". 9 May 2013.
  2. ^ a b Henry Farrell, These are the conservative legal groups behind the Masterpiece Cakeshop case, Washington Post (December 5, 2017).
  3. ^ Monson, Rani (May 7, 2017). "Religious leaders in Dallas express mixed feelings about Trump order". Culture Map Dallas. Retrieved February 6, 2018.
  4. ^ Jackson, David M. (June 21, 2016). "Trump to evangelicals: Pray for people to vote for me". USA Today. Retrieved February 6, 2018.
  5. ^ "Anti-Trans Bathroom Debate: How a Local Religious-Right Faction Launched a National Movement". Rolling Stone. January 22, 2018. Retrieved February 7, 2018.
  6. ^ Thomas, Robert Murray (2007). God in the classroom: religion and America's public schools. Praeger. p. 199. ISBN 9780275991418.
  7. ^ Green, Emma (May 4, 2017). "Why Trump's Executive Order on Religious Liberty Left Many Conservatives Dissatisfied". The Atlantic. Retrieved February 6, 2018.
  8. ^ Green, Emma (December 28, 2016). "The Religious Liberty Showdowns Coming in 2017". The Atlantic. Retrieved February 6, 2018.
  9. ^ "Two Bears make list of top 25 Texas lawyers of the last 25 years". Baylor University. 31 August 2010. Retrieved 27 May 2012.
  10. ^ Ferguson Jr., John (2009). "Liberty Legal Institute". The First Amendment Encyclopedia. Middle Tennessee State University. Retrieved January 24, 2018.
  11. ^ Smith, Morgan (March 10, 2016). "Religious Liberty Champion Joins Paxton's Team". The Texas Tribune. Retrieved January 24, 2018.
  12. ^ "Advisory Board". The Heritage Foundation. Archived from the original on November 19, 2023. Retrieved July 8, 2024.
  13. ^ Mascaro, Lisa (August 29, 2023). "Conservative Groups Draw Up Plan to Dismantle the US Government and Replace It with Trump's Vision". Associated Press News. Archived from the original on September 22, 2023. Retrieved July 8, 2024.
  14. ^ "Paxton Stacks AG's Office With Anti-LGBT Culture Warriors". The Austin Chronicle. April 12, 2016. Retrieved February 7, 2018.
  15. ^ "Anti-LGBT roundup 10.13.17". Southern Poverty Law Center. October 13, 2017. Retrieved February 7, 2018.
  16. ^ a b Haag, Matthew (24 July 2010). "Plano's Liberty Institute expands reach from candy cane pens to Palin, prayer, cross on federal land". Dallas Morning News. Retrieved 15 August 2011.
  17. ^ Byrd, Don. "VA Responds to Houston Cemetery Allegations". Baptist Joint Committee for Religious Liberty. Retrieved 15 August 2011.
  18. ^ Clarridge, Christine (August 10, 2016). "Praying football coach Joe Kennedy sues Bremerton School District". The Seattle Times. Retrieved January 26, 2018.
  19. ^ "School district takes action against praying football coach". CBS News. October 29, 2015. Retrieved January 26, 2018.
  20. ^ Dolan, Maura (August 23, 2017). "Football coach's on-field prayer not protected by Constitution, appeals court rules". The Los Angeles Times. Retrieved January 26, 2018.
  21. ^ Wolf, Richard (January 22, 2019). "Supreme Court refuses to consider appeal from high school football coach fired for praying after games". USA Today. Retrieved April 9, 2019.
  22. ^ Gregory, Patrick (April 9, 2019). "Football Coach's On-Field Prayer Won't Get High Court Review". Bloomberg Law. Retrieved April 9, 2019.
  23. ^ Clarridge, Christine (March 6, 2020). "Praying coach Joe Kennedy's lawsuit against Bremerton School District thrown out". The Seattle Times. Retrieved April 1, 2020.
  24. ^ Barnes, Robert (January 14, 2022). "Supreme Court to hear case of high school football coach who lost job after praying with players". The Washington Post. Retrieved January 15, 2022.
  25. ^ Quinn, Melissa (April 25, 2022). "Supreme Court weighs case of high school coach who lost his job after praying on the field". CBS News. Retrieved June 7, 2022.
  26. ^ Barnes, Robert (June 27, 2022). "Supreme Court rules for high school football coach who prayed at midfield". The Washington Post. Retrieved July 6, 2022.
  27. ^ Liptak, Adam (June 27, 2022). "Supreme Court Sides With Coach Over Prayers at the 50-Yard Line". The New York Times. Retrieved July 6, 2022.
  28. ^ Carson v. Makin (U.S. Supreme Court 4 February 2021), Text.
  29. ^ Howe, Amy (July 2, 2021). "Justices add one religious-rights case to docket but turn down another". SCOTUSblog. Retrieved June 9, 2022.
  30. ^ Dunn, Joshua (December 8, 2021). "Supreme Court Oral Argument in Carson v. Makin Sends Hopeful Signal for Religious School Aid". Education Next. Retrieved June 9, 2022.
  31. ^ Carlisle, Madeleine (December 6, 2021). "This Supreme Court Case Could Take a 'Wrecking Ball' to Separation of Church and State". TIME. Retrieved June 9, 2022.
  32. ^ Liptak, Adam (June 21, 2022). "Supreme Court Rejects Maine's Ban on Aid to Religious Schools". NY Times. Retrieved June 22, 2022.
  33. ^ Revello, Katherine (June 21, 2022). "Supreme Court strikes down sectarian exclusion in Maine's town tuitioning program". Maine Wire. Retrieved June 22, 2022.
  34. ^ Keizur, Christopher (January 21, 2020). "Sweet Cakes owners return to court over same-sex discrimination". Portland Tribune. Retrieved June 9, 2022.
  35. ^ Casseins Weiss, Debra (October 23, 2018). "Supreme Court is asked to rule Oregon bakers had a right to refuse to make cake for same-sex wedding". ABA Journal. Retrieved June 9, 2022.
  36. ^ Barnes, Robert (June 17, 2019). "Supreme Court passes on case involving baker who refused to make wedding cake for same-sex couple". The Washington Post. Retrieved June 9, 2022.
  37. ^ Goldberg, Jamie (January 26, 2022). "Court affirms ruling against bakery that refused to sell same-sex wedding cake but tells state to reconsider damages". The Oregonian. Retrieved June 9, 2022.
  38. ^ Adam Liptak (November 2, 2018). "Supreme Court to Rule on 40-Foot War Memorial Cross at Center of Church-State Debate". The New York Times. Retrieved March 7, 2019.
  39. ^ Bravin, Jess (November 2, 2018). "Supreme Court to Hear Case on Giant Cross on Public Maryland Land". The Wall Street Journal. Retrieved March 7, 2019.
  40. ^ Richard Wolf (November 2, 2018). "Supreme Court's latest church-state conundrum: Must a 'peace cross' memorial to World War I vets come down?". USA Today. Retrieved March 7, 2019.
  41. ^ Thomsen, Jacqueline (June 20, 2019). "Supreme Court rules cross at state-run WWI memorial can remain". The Hill. Retrieved March 27, 2020.
  42. ^ Robert Barnes (February 27, 2019). "Supreme Court seems to seek narrow way to uphold cross that memorializes war dead". The Washington Post. Retrieved March 7, 2019.
  43. ^ Adam Liptak (February 27, 2019). "Supreme Court Seems Ready to Allow Cross Honoring War Dead". The New York Times. Retrieved March 7, 2019.
  44. ^ Bonnie Pritchett (February 10, 2017). "Georgia settles with doctor in religious freedom case". wng.org. Retrieved January 31, 2018.
  45. ^ Harper, Casey (November 9, 2021). "Navy SEALs sue Biden administration over COVID mandate". The Center Square. Retrieved June 22, 2022.
  46. ^ Whitcomb, Dan (January 4, 2022). "U.S. judge blocks Pentagon from punishing Navy SEALs who refused COVID-19 vaccine". Reuters. Retrieved June 22, 2022.
  47. ^ Barnes, Robert (March 25, 2022). "Supreme Court won't stop Biden Administration from deployment decisions involving unvaccinated Navy SEALs". The Washington Post. Retrieved June 22, 2022.
  48. ^ Laco, Kelly (May 31, 2022). "Air Force members denied religious exemptions to COVID vaccine file lawsuit to stop punishment, terminations". Yahoo! News. Retrieved June 22, 2022.
  49. ^ Wise, Lindsay (July 18, 2011). "VA denies censorship at Houston National Cemetery". Houston Chronicle. Retrieved 15 August 2011.
  50. ^ Wise, Lindsay (Sep 22, 2011). "VA agrees not to censor prayer at Houston cemetery". Houston Chronicle. Retrieved January 19, 2013.
  51. ^ Morgan, et al. v. Swanson, et al. (U.S. Court of Appeals for 5th Circuit 27 September 2011) ("the views of the majority of the en banc Court granting qualified immunity to the principals and the judgment reversing the district court."), Text.
  52. ^ "'Candy Cane' Case Appealed to US Supreme Court". CBN News. 1 January 2012. Retrieved 20 January 2013.
  53. ^ "U.S. Supreme Court Upholds Dismissal of 'Candy Cane' Case". PR Newswire. 11 June 2012. Retrieved 20 January 2013.
  54. ^ Arnsdorf, Isaac (2016-11-11). "More lobbyists on the transition". Politico. Retrieved 2016-11-15.
  55. ^ "Select Committee Subpoenas Former Officials with Close Ties to the Former President". Select Committee to Investigate the January 6th Attack on the United States Capitol. 2021-11-09. Retrieved 2021-11-09.
  56. ^ "Cornyn has doubts about nominee who said transgender rights were 'Satan's plan'". San Antonio Express-News. September 28, 2017. Retrieved February 7, 2018.
  57. ^ "Grassley: Two controversial federal bench nominees won't be confirmed". Washington Post. December 13, 2017. Retrieved February 7, 2018.
  58. ^ Moreau, Julie (June 19, 2019). "Trump pick slammed as 'anti-LGBTQ activist' gets lifetime judicial appointment". NBC News. Retrieved June 20, 2019.
  59. ^ Itkowitz, Colby (June 19, 2019). "Senate confirms Trump judicial nominee who called homosexuality 'disordered'". The Washington Post. Retrieved June 20, 2019.
  60. ^ Institute, First Liberty (2017-12-14). "First Liberty Institute Congratulates Its Former Volunteer Attorney James C. Ho on His Judicial Confirmation". GlobeNewswire News Room (Press release). Retrieved 2023-11-07.
  61. ^ Lambrecht, Caleb (2020-11-05). "First Liberty attorney Josh Hammer speaks on 'common good originalism'". Hillsdale Collegian. Retrieved 2023-11-07.
  62. ^ "Josh Hammer, Senior Editor-at-Large". Newsweek. 2023-04-04. Retrieved 2023-11-07.
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