OUR LEGAL CASES

Abortion

Gonzales v. Carhart (2006)—The Foundation argues to the United States Supreme Court that Congress has the authority under the Equal Protection Clause of the 14th Amendment to ban partial birth abortions in the states because the babies on whom this procedure is performed are almost outside the mother’s womb and completely alive in every meaningful sense. The Foundation also points out that a right to abortion is not mentioned anywhere in the Constitution and thus the Supreme Court’s whole line of abortion decisions are illegitimate.

Bibles in Juries

Oliver v. Quarterman (2008)—The Foundation argues to the 5th Circuit Court of Appeals that a Texas jury's consultation of a Bible during its death-penalty deliberations did not violate the 6th Amendment's "impartial jury" clause, and that as a cross-section of the community at-large, a citizen jury and its members bring life experience into the jury room and should not be forced to banish the Bible or religious references from its deliberations on the weighty matters of morality, justice, and capital punishment.

Bibles in School

Roark v. South Iron R-1 School District (2008)—The Foundation argues to the 8th Circuit Court of Appeals that the South Iron R-1 School District's traditional policy of allowing Gideons International to distribute Bibles to students in school does not violate the Establishment Clause of the First Amendment because such policies are not "law[s] respecting an establishment of religion," as those words were understood when they were adopted.

Boy Scouts

Winkler v. Rumsfeld (2005)—The Foundation argues to the Seventh Circuit Court of Appeals that a proper interpretation of the First Amendment permits the United States Military to logistically and financially aid the Boy Scouts of America in putting on its National Jamboree; therefore, a federal district court’s ruling prohibiting the military’s assistance because members of the Boys Scouts must believe in God should be reversed.

Evolution in Public Schools

Selman v. Cobb County, Georgia (2005)—The Foundation argues to the Eleventh Circuit Court of Appeals that placing disclaimers on public school science textbooks in Cobb County, Ga., that label evolution a “theory, not a fact” and urge students to “critically consider[]” the materials on evolution contained in the textbooks is perfectly permissible under the First Amendment and therefore a district court ruling ordering the removal of the stickers from the textbooks should be set aside. Without a rational explanation, the Eleventh Circuit rejected the Foundation’s brief in the case. We are awaiting a ruling from the Eleventh Circuit on this appeal.

Gambling

Barber v. Jefferson County Racing Ass’n., et al. (2006)—The Foundation argues to the Alabama Supreme Court that new video sweepstakes machines installed at the Birmingham Race Course violate Alabama’s prohibition on lotteries and “schemes” in the nature of a lottery, and therefore, the circuit court’s ruling permitting the machines to remain operational should be reversed. The Supreme Court declared the machines to be unconstitutional and quoted from the Foundation's brief in the course of setting out its reasons for so ruling.

"Hate Crimes"

Marcavage v. Rendell (2008)—The Foundation, representing several Christian evangelists charged with a "hate crime" for speaking against homosexual behavior, argues to the Pennsylvania Supreme Court that the Pennsylvania legislature's altering of an “agricultural crop destruction” bill into a different bill deceptively entitled as an amendment to the state's “ethnic intimidation” law—making crimes motivated by “sexual orientation,” “gender identity” and other classes subject to greater punishment—violated Article III, Section 1 of the Pennsylvania Constitution: “No law shall be passed except by bill, and no bill shall be so altered or amended, on its passage through either House, as to change its original purpose.”

Keeping and Bearing Arms

District of Columbia v. Heller (2008)—The Foundation argues to the U.S. Supreme Court that Washington, D.C.'s ban on handguns and firearms in the home is an egregious violation of the plain words of the Second Amendment, which protects the "right of the people to keep and bear arms." The Founders understood that they had gained their independence, and that we would remain free, thanks to a citizenry that was well-armed to defend itself against enemies foreign and domestic.

Legal Standing

Hein v. Freedom From Religion Foundation (2007)—In a case where federal taxpayers sued federal agencies for supporting faith-based organizations equally with secular organizations, the Foundation argues to the United States Supreme Court that taxpayers should not have legal standing to sue the government for allegedly violating the Establishment Clause because (1) the Establishment Clause is a federalism provision that does not protect an individual right, and (2) taxpayers with no direct injury from the government action lack the "personal stake" in the litigation required by the Constitution to make the lawsuit a real "case or controversy" that federal courts have the authority to hear.

National Motto, "In God We Trust"

Newdow v. Congress (2006)—The Foundation argues to the Ninth Circuit Court of Appeals that "In God We Trust" as our National Motto and on our currency does not violate the Establishment Clause of the First Amendment, but is an example of the fine American tradition of acknowledging God and our Nation's dependence upon Him. Atheist Michael Newdow brought this lawsuit, but lost at the trial level—a result the Foundation hopes to see repeated on appeal.

Pledge of Allegiance

Jan Roe, et al. v. Rio Linda School District, et al. (2006) —The Foundation argues to the Ninth Circuit Court of Appeals that the language of the First Amendment does not require the removal of the phrase “under God” from the Pledge of Allegiance, and therefore the federal district court’s excising of those words because they acknowledge God should be reversed.

Prison Ministry

Americans United for Separation of Church and State v. Prison Fellowship Ministries (2006) —The Foundation argues to the U.S. Court of Appeals for the Eighth Circuit that the presence of Prison Fellowship's Biblically-based inmate rehabilitation program, InnerChange Freedom Initiative, at an Iowa prison does not violate the Establishment Clause; and that the lower court's opinion demonstrates hostility toward religion and specifically Christianity by ordering the program out for being too “overtly religious” and “pervasively sectarian.”

Public Prayer

Pelphrey v. Cobb County, Georgia (2007)—The Foundation argues to the Eleventh Circuit Court of Appeals that the language of the First Amendment does not prohibit Cobb County, Georgia, commissions from opening their sessions with prayers in the name of Jesus, nor does it outlaw the process the commissions use to choose clergy members who would give such prayers. The Foundation urges the Court to approve the prayers and the process based on the actual meaning of the Establishment Clause rather than according to incomplete and unhelpful judicial tests.

District of Columbia v. Ante, Katherine, and Christan Pavkovic (2007) --The Foundation successfully defended the Pavkovic family when the three of them were arrested for praying aloud in the name of Jesus from the U.S. Senate Visitors' Gallery as a Hindu man opened the Senate in prayer. The Foundation was able to secure a dismissal of the charges against the Pavkovics for their bold stand for the God in Whom America and her forefathers trust.

Hinrichs v. Bosma (2006)—The Foundation argues to the Seventh Circuit Court of Appeals that the language of the First Amendment does not prohibit the Indiana House of Representatives from opening its daily sessions with prayers in the name of Jesus and therefore a federal district court’s ruling stopping the 188 year practice should be reversed.

Doe v. Tangipahoa Parish School Board (2005)—The Foundation argues to the Fifth Circuit Court of Appeals that the language of the First Amendment does not prohibit the Tangipahoa Parish School Board in Louisiana to open its meeting with prayer and therefore a federal district court’s ruling stopping the practice should be reversed.

- En banc Tangipahoa Parish brief (2007)—Similar brief filed with all the members of the 5th Circuit Court of Appeals (en banc) after the court vacated a 3-judge panel's decision (holding that 4 specific prayers violated the Constitution) and agreed to rehear the case.

 

Religious Discrimination

Colorado Christian University v. Baker (2007)—The Foundation argues to the Tenth Circuit Court of Appeals that the state of Colorado's exclusion of Colorado Christian University from receiving generally available state financial aid solely because the state designated the school as "pervasively sectarian" violates the plain meaning of the Equal Protection Clause of the Fourteenth Amendment, and therefore, a federal district court's decision approving of the state's religious discrimination should be reversed.

Religious Displays

Pleasant Grove City, Utah v. Summum (2008)—The Foundation argues to the U.S. Supreme Court that the Summum religious group has no right under the Free Speech Clause of the First Amendment to force Pleasant Grove City to install a monument to Summum's "Seven Aphorisms" in a city park where a Ten Commandments monument has stood for decades.

Weinbaum v. City of Las Cruces, New Mexico (2007)—The Foundation argues to the Tenth Circuit Court of Appeals that 3 crosses in the official symbol of the City of Las Cruces (Spanish for "The Crosses"), New Mexico, do not violate the text of the First Amendment, and that the trial court's decision upholding the symbol, although correct, may foster hostility toward religion by focusing too much on the lack of "religious purpose" in the symbol's adoption.

Green v. Haskell County Board of Commissioners (2007)—The Foundation argues to the Tenth Circuit Court of Appeals that a Ten Commandments monument on the lawn of the Haskell County, Oklahoma courthouse does not violate the words of the First Amendment and therefore the lower court decision approving the display should be affirmed. The brief pays considerable attention to the weakness of the U.S. Supreme Court's judicial tests in this area of the law.

Van Orden v. Perry (2005)—The Foundation argues to the United States Supreme Court that a Ten Commandments monument displayed on the Texas state capitol grounds since 1961 does not violate the words of the First Amendment and therefore a lower court decision permitting the display to remain on public property should be affirmed. The Supreme Court ruled that it was permissible to display this monument.

McCreary County, Kentucky v. ACLU of Kentucky (2005)—The Foundation argues to the United States Supreme Court that Ten Commandments displays in two Kentucky county courthouses do not violate the words of the First Amendment and therefore lower court decisions ordering their removal should be reversed. The Supreme Court ordered this display to be taken down.

Staley v. Harris County, Texas (2005)—The Foundation argues to the Fifth Circuit Court of Appeals that an open King James Bible displayed in a monument outside of a Houston County, TX., courthouse is a constitutional acknowledgment of God on public property. The Fifth Circuit panel affirmed the district court's declaration of unconstitutionality; however, the full circuit voted to hear the case en banc. Oral arguments were heard in the case January 23, 2007.

ACLU of Nebraska v. City of Plattsmouth, NE (2004)—The Foundation argues to the Eighth Circuit Court of Appeals that it should reverse a federal district court’s decision ordering the removal of a Ten Commandments monument that had been on display in a city park since 1966. The brief explains that such a monument does not violate the specific meaning of the First Amendment. The Eighth Circuit eventually did allow the monument to stay in the park.

Glassroth v. Moore (2003)—Chief Justice Moore’s attorneys argue in a petition to the United States Supreme Court that it should hear his case concerning a Ten Commandments monument he placed on display in the Alabama Judicial Building. A federal district court ruled that the monument had to be removed from the premises as a violation of the First Amendment. The petition argues that the monument is an “acknowledgment of God” which does not violate the First Amendment. The Supreme Court denied the petition and the monument was eventually removed from the building.

Removal from Office of Chief Justice Moore

In the Matter of Roy S. Moore, Chief Justice of Alabama (2003)—Complaint of the Judicial Inquiry Commission charging Chief Justice Moore with “bring[ing] the judicial office into disrepute” for failing to obey the federal court order to remove a Ten Commandments monument from the Alabama Judicial Building.

Roy S. Moore v. Judicial Inquiry Commission (2004)—The Foundation argues to the specially-appointed Supreme Court of Alabama that the Court of the Judiciary incorrectly removed him from his judicial office because he disobeyed an unlawful federal court order. The Alabama Supreme Court refused to address the issue of whether the order to remove the monument was unlawful and affirmed the Court of Judiciary’s punishment of removal from office for Chief Justice Moore.

Roy S. Moore v. Judicial Inquiry Commission of the State of Alabama (2004)—The Foundation argues in a petition to the United States Supreme Court that it should hear former Chief Justice Moore’s case concerning his removal from his judicial office because an unconstitutional religious test had been placed upon him and his position as Chief Justice had been taken without due process of law. The Supreme Court denied former Chief Justice Moore’s petition, ending his avenues of appeal concerning the loss of his position.