A federal district court this month protected the right of physicians in California to opt out of participating in assisted suicide if they have religious or ethical objections to the practice. This ruling highlights the need for responses to a troubling trend by state governments from California to Maine to steamroll the First Amendment’s guarantee of the free exercise of religion.
Gov. Gavin Newsom last year had updated California’s six-year-old euthanasia law to reduce patients’ wait times and streamline the documentation of their cases under the End of Life Option Act. While the law had a clause that doctors “shall not be required to participate,” physicians were still getting caught up in a requirement for them to “document” a patients’ request to die, and to “educate” them in the procedure and its prescribed pharmaceuticals.
The court sided with the Christian Medical and Dental Association by issuing a preliminary injunction preventing California from forcing physicians to participate in these aspects of assisted suicide. The court based its ruling on the provision’s likely violation of physicians’ First Amendment rights.
“Our clients seek to live out their faith in their medical practice, and that includes valuing every human life entrusted to their care. Participating in physician-assisted suicide very clearly would violate their consciences,” said Kevin Theriot, senior counsel of the Alliance Defending Freedom, who is representing CMDA.
This preliminary injunction should become a permanent rule. First Amendment advocates must continue to be wary of rising anti-religious attitudes in some states’ policies.
The Ninth Circuit Court of Appeals recently ordered the San Jose Unified School District to reinstate the Fellowship of Christian Athletes (FCA) as a recognized student club. A tartly written concurrence by one judge vividly portrays a hostile culture of secularism that may be behind some recent overreaching official efforts to isolate students from religious observance.
The issue at hand was that FCA leaders are required to abide by a Statement of Faith, which includes the belief that sexual relations should be limited within the context of a marriage between a man and a woman. Judge Kenneth K. Lee, one of two out of three judges on the panel that decided in favor of the FCA, wrote a stinging concurrence. He vividly portrays “a stench of animus against the students’ religious beliefs” that pervades San Jose’s Pioneer High School campus.
Judge Lee describes one Pioneer high school teacher, Peter Glasser, who “channeled his inner Martin Luther, pinning the [FCA’s] Statement of Faith and Sexual Purity Statement to his classroom whiteboard along with his grievances. But instead of a reformation, Glasser demanded an inquisition. As he explained in emails sent to Principal Espiritu, FCA’s ‘bs’ views ‘have no validity’ and amount to heresy because they violated ‘my truth.’ Glasser believed ‘attacking these views is the only way to make a better campus’ and proclaimed he would not be an ‘enabler for this kind of ‘religious freedom’ anymore.”
Judge Lee then turned to the behavior of another school official.
“Michelle Bowman,” Judge Lee writes, “also serves on the Climate Committee [a body that pushed to de-recognize the FCA] and as a faculty advisor to the Satanic Temple Club. In discussing this lawsuit with a former student, she opined that ‘evangelicals, like FCA, are charlatans and not in the least bit Christian,’ and choose darkness over knowledge and perpetuate ignorance.’ But it is not for Bowman to dictate what beliefs are genuinely Christian.”
Hit with this onslaught of attacks, the FCA was derecognized in two days without giving FCA students any opportunity to defend themselves or their organization. Judge Lee goes on to describe the efforts by Glasser and others to further accuse the expelled group of creating a hostile work environment for students and faculty because of their beliefs.
“In other words,” Judge Lee wrote, “teenagers – meeting privately to discuss the Bible – were creating a hostile work environment for adult faculty, according to Glasser.”
Judge Lee concludes: “In sum, animus against the FCA students’ religious-based views infected the School District’s decision to strip the FCA of its ASB status. And that violates the First Amendment’s protection of the free exercise of religion.”
Just as religion should not be taught in the classroom, it should also be free of harassment by educators and officials.
When a federal district court upholds the First Amendment rights of a person or organization, can it enforce those rights in the future? The answer by The Protect the First Foundation before the U.S. Court of Appeals for the 11th Circuit is a resounding “yes.”
The Hillsborough Area Regional Transit Authority (HART) of Tampa runs ads on its vehicles and bus shelters but prohibits ads that “promote a religious faith or religious organization.” When Young Israel of Tampa, an Orthodox synagogue, tried to place an ad for its “Chanukah on Ice” event, HART rejected those ads under its no-religion policy.
A district court came down on the side of Young Israel on First Amendment grounds and issued a permanent order or injunction forbidding HART from “rejecting any advertisement on the ground that the advertisement primarily promotes a religious faith or religious organization.” HART appealed, arguing that the district court’s injunction was an abuse of its powers and that HART’s advertising policy was constitutional.
The PT1st Foundation counter, filed Wednesday evening, demonstrates:
“First Amendment rights are fundamental rights essential to every other form of freedom. As a result, First Amendment rights warrant special protection. Because courts cannot enjoin conduct and do not ‘strike down’ unconstitutional laws, a court cannot adequately protect First Amendment interests without including prohibitions against future illegal conduct in its injunction.
“Without such preventative relief, governments would be free to repeat the same constitutional violation in the future. Any resolution of this case that fails to prevent future harm does not adequately vindicate the First Amendment.”
PT1st believes remedies to violations of the First Amendment should be as enduring as our right to free speech.
The U.S. Court of Appeals for the Fifth Circuit in New Orleans issued a unanimous ruling that the Department of Health and Human Services cannot force physicians to perform gender-transition procedures or abortions against their conscience or medical judgment. This ruling is a tremendous victory for the rights of religious exercise and conscience everywhere.
This landmark decision is the result of Franciscan Alliance v. Becerra, a case that pitted the Roman Catholic healthcare system Franciscan Alliance and other parties against President Biden’s Secretary of Health and Human Services, Xavier Becerra. The case revolved around a federal mandate issued in 2016 as part of the Affordable Care Act requiring doctors and hospitals to perform gender-transition procedures on any patient, including a child, even if the procedure violates the physician’s conscience and in his or her judgment could harm the patient.
The mandate also required private insurance companies and many employers to cover gender reassignment therapy or face severe penalties and legal action.
The Fifth Circuit also affirmed a lower court’s order “permanently enjoining (HHS) from requiring Franciscan Alliance to perform gender-reassignment surgeries or abortions in violation of its sincerely held religious beliefs.”
Joseph Davis, legal counsel for the Becket law firm, which filed suit on behalf of the Franciscan Alliance, said: “Doctors cannot do their jobs and comply with the Hippocratic oath if the government requires them to perform harmful, irreversible procedures against their conscience and medical expertise.”
PT1st looks forward to the extension of this rule to protect healers of faith and others who freely exercise their beliefs under the First Amendment.
Robert Pondiscio, senior fellow at the American Enterprise Institute and a former New York City public school teacher, and Elli Lucas, research assistant at the American Enterprise Institute, wrote Monday in The Washington Examiner:
“Not only can [school] choice provide a way out for students in failing schools, but it can also enrich our nation by enhancing its vibrancy, variety, and vivacity. Our nation is better off when its schools are not a bland monoculture but rather match the varied dynamism of its people and their aspirations.”
Protect The 1st would only add that religious schools are a strong contributor of vibrancy and variety for a bland monoculture. Empowering schools that offer quality education standards while also continuing faith traditions – be they Christian, Jewish, Muslim, Sikh, or Hindu – is a powerful use of the Free Exercise Clause to the benefit of all.
It has been fashionable for some time now to insist that religiosity in America is in a freefall decline. Now, it seems as though the reports of American religiosity’s death are greatly exaggerated.
According to a study described in a recent Wall Street Journal article, most studies showcasing religious decline in America erroneously lump new congregations, denominations, and non-Christian religions into “Others” and “Nones.” The scale of the error is so significant that pollsters may be missing somewhere around one-third of total religious adherents in the United States. Many of these so-called others and nones are non-Christian religions and breakaway congregations from America’s mainline Protestant denominations which, indeed, have been in freefall decline for decades. A religious transformation is underway in America, but not the one most commentators thought.
This religious transformation demonstrates why it is just as important as ever that Americans continue to enjoy the right to educate their children according to their faith traditions. Protect The 1st supports efforts to protect religious schools and education for people of faith as an expression of the “Free Exercise” clause of the First Amendment.
Brad Wilcox at the Institute for Family Studies said, “childhood religiosity predicts a variety of positive outcomes.” When compared to the general population, adults who went to church routinely from their youth onward report higher rates of happiness, community engagement, and a greater sense of purpose and meaning, while also reporting lower rates of boredom.
Hostility to religion, however, could become a self-fulfilling prophecy.
Barriers to the ability of religious adults to raise their children according to their faith traditions would likely lead to the decline of religion in a couple of generations. Recent Supreme Court decisions such as Carson v. Makin, which struck down the state of Maine’s exclusion of religious schools from participation in rural vouchers, are welcome reminders that many of our leaders today continue to recognize the role of religion in America. There had to be, after all, a good reason for the founders to include the free exercise of religion in the First Amendment.