Christian Legal Society’s Work in the Supreme Court
CLS’s Brief in the Supreme Court: Christian Legal Society led a coalition of religious and civil liberties organizations that filed a brief, authored by Professor Douglas Laycock, in the Supreme Court in support of three closely-held family businesses who are resisting the government’s mandate that religious objectors pay for drugs and devices that they believe destroy human life. CLS urged the Court to protect all Americans’ religious liberty by accurately interpreting and fully enforcing the Religious Freedom Restoration Act (“RFRA”). The CLS brief was featured in Professor Laycock’s contribution to the Scotusblog Symposium on the HHS Mandate.
Christian Legal Society and many of the organizations on the brief actively participated in the effort to pass RFRA, which has been the guardian of Americans’ religious freedom for two decades. Christian Legal Society's brief was joined by nine other religious organizations: American Bible Society; Anglican Church in North America; Association of Christian Schools International; Association of Gospel Rescue Missions; The Church of Jesus Christ of Latter-day Saints; The Ethics & Religious Liberty Commission of the Southern Baptist Convention; The Lutheran Church--Missouri Synod; Prison Fellowship Ministries; and World Vision, Inc.
CLS’s Brief Urging the Court to Take the Cases: Christian Legal Society had earlier filed a brief, authored by Professor Carl Esbeck and Kim Colby, urging the Supreme Court to grant review of the cases. The brief emphasized that Christians do not leave their faith behind when they enter the marketplace. The organizations that joined that brief were: Association of Gospel Rescue Missions; Prison Fellowship Ministries; Association of Christian Schools International; National Association of Evangelicals; The Ethics & Religious Liberty Commission of the Southern Baptist Convention; Institutional Religious Freedom Alliance; and the C12 Group.
CLS Friends’ Briefs: Many amicus briefs in support of the religious business owners were filed by friends of CLS’s Center for Law and Religious Freedom. Professor Esbeck filed a brief rebutting the claim that accommodating religious business owners would violate the Establishment Clause. CLS Director of Attorney Ministries, Mike Schutt, served as a resource on a brief that explained the Christian view of work as vocation.
Professor Michael McConnell authored a brief that examined the historical support for protecting businesses in order to protect free exercise of religion. Stu Lark wrote on behalf of numerous religious organizations. Professor Tom Berg filed a brief on behalf of Democrats for Life, explaining how the Mandate violates federal conscience protections. Professor Rick Garnett was represented on a brief of law professors who reject the notion that the Establishment Clause would be violated by an accommodation for religious liberty. Please read Professor Rick Garnett’s excellent contribution to the Scotusblog Symposium on the Mandate.
Supreme Court Brief by Professor Doug Laycock and Kim Colby on RFRA
Supreme Court Brief Urging Review by Professor Carl Esbeck and Kim Colby
Additional Amicus briefs by Center Friends
Professor Esbeck on Establishment Clause
CLS Director of Attorney Ministries Mike Schutt assisted-Brief on Vocation
Professor Berg for Democrats for Life
Professor Garnett on Establishment Clause
Professor McConnell on Free Exercise Protection of Work
Stu Lark on behalf of numerous religious organizations
Scotusblog Symposium on the HHS Mandate