First Liberty Briefing

First Liberty Briefing is an exclusive podcast hosted by First Liberty Institute’s Deputy General Counsel Jeremy Dys. In about 90-seconds, once a week, Jeremy recalls the stories that have shaped America’s religious liberty, from the founding era to current legal battles and more. It’s an insider’s look at the stories, cases, people, and laws that have made America the world’s leader in protecting religious liberty.
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May 27, 2019

New York Timesauthor, Linda Greenhouse reveals how much of the mainstream media really views the fight for the Bladensburg World War I Veterans Memorial. Learn more at

It is always interesting to read how the mainstream media views things like the Bladensburg World War I Veterans Memorial. Linda Greenhouse of the New York Timesrecently authored a lengthy commentary.  Her conclusion?  That the folks trying to destroy the memorial are going to lose, but that’s about it for the good news. 

According to Greenhouse, a growing faction of conservative Justices of the Supreme Court that are increasingly committed to interpreting the First Amendment’s Establishment Clause as permitting the display of religious symbols on public property and the Free Exercise Clause as providing, in her words, “robust protection for believers.” 

To Greenhouse, this is not good because, she says, “the heart and soul of a diverse country . . . is going in one direction while the Supreme Court . . . is hurtling in the other, toward a destination fraught with uncertainty and danger.”

But, that is factually untrue.  For one thing, according to recent polling 80% of Americans agree that memorials using religious imagery to remember our war dead is perfectly reasonable.  Those are the real“heart and soul” of this country.

Removing religious imagery from public display does not make us more diverse.  It sends a message contrary to the constitution’s promise that religion in American is to be respected in personal and public life.

To learn how First Liberty is protecting religious liberty for all Americans, visit

May 20, 2019

Teachers are supposed to teach freedom of speech and religion, not censor it.  But both teachers and school officials continue to demonstrate their fear of anything resembling an endorsement of religion. Learn more at

On Ash Wednesday, it is common to see individuals bearing the mark of the cross on their foreheads, part of a religious tradition reminding the faithful of their own sinfulness and the atoning work of Christ on the cross.

Evidently not everyone understands that. William McLeod, a fourth grader at Valley View Elementary School in Utah, is Catholic. He showed up to school on Wednesday morning with the traditional mark of the cross on his forehead. 

His teacher took him aside, handed him a wet cloth, and instructed him to wash his forehead clean.  He attempted to explain the reason for the mark, but to no avail. William spent the rest of the school day embarrassed and upset.  Later, school administrators responded to complaints by his family and the teacher apologized. 

Students are free to exercise their faith—even at school—so long as doing so does not interfere with the educational mission of the school.  A harmless, silent mark of ash on one’s forehead does nothing to prevent such instruction.  Situations like this show how afraid school officials have become of any display of religion in school.

As one court wisely put it, in situations like these, “The school’s proper response is to educate the audience rather than squelch the speaker.”    

In other words, they should teach, not censor.

To learn how First Liberty is protecting religious liberty for all Americans, visit

May 13, 2019

Jack Phillips’ case may be over but the Supreme Court has the opportunity to make a lasting impact through the case of ‘Sweetcakes by Melissa.” Learn more at

Jack Phillips’ long ordeal appears to be over.  But, as Justice Kennedy wrote for the majority in Jack’s case, “The outcome of cases like this in other circumstances must await further elaboration in the courts.” 

That includes First Liberty’s clients, Aaron and Melissa Klein.

The State of Oregon shut down Aaron and Melissa Klein’s “Sweetcakes by Melissa,” penalizing them $135,000 for the simple act of declining to create a custom wedding cake for a same-sex wedding ceremony. Oregon rests all of its actions on a law that theoretically applies generally to everyone and, on its face, treats religious exercise neutrally. 

That position is grounded in the 1990 decision of the U.S. Supreme Court called Employment Division v. Smith.  The product of the late-Justice Antonin Scalia, the majority opinion in Employment Division has been roundly criticized through the years. 

The danger of Employment Divisionis that it allows laws that doburden one of the key provisions of the First Amendment—namely, the free exercise of religion—to escape meaningful judicial review. Aaron and Melissa’s case provides the Court an opportunity to correct that.

Jack Phillips’ case left American business owners wondering whether the government can prescribe what they believe and force them to confess accordingly.  The Constitution prohibits government officials, high or petty, from compelling small business owners to create a message contrary to their religious beliefs. 

To learn how First Liberty is protecting religious liberty for all Americans, visit

May 6, 2019

Based on an executive order signed by President Trump in 2017 that promotes free speech and religious liberty, Betsy DeVos and the Department of Education recently announced it would no longer enforce a statute preventing religious organizations from providing education services to students. Learn more at

This episode really begins back in May of 2017. That’s when President Donald Trump, just three months into his presidency, walked to the Rose Garden of the White House and signed the Executive Order Promoting Free Speech and Religious Liberty. 

That Executive Order commissioned a memo offering guidance to the executive branch by the Attorney General of the United States, then Jeff Sessions.  Several months later, the Department of Justice issued that guidance and, about a year later, held a summit on religious liberty at DOJ headquarters, announcing the formation of a religious liberty task force.

That task force provided on-the-ground guidance to executive agencies like the Department of Education, which brings us to the point of this episode. 

Secretary Betsy DeVos recently sent a letter to Congress explaining that the Department of Education would no longer enforce a federal statute prohibiting religious organizations from providing educational services to students.  DeVos noted that the decision by the Supreme Court of the United States in Trinity Lutheran v. Comer, as explained by the DOJ in former Attorney General Sessions’ memo, requires federal law to permit religious organizations to participate at the same level as secular organizations.

I agree with Secretary DeVos who said, “Those seeking to provide high-quality educational services to students and teachers should not be discriminated against simply based on the religious character of their organization.”

To learn how First Liberty is protecting religious liberty for all Americans, visit

Apr 29, 2019

In March 2019, the Supreme Court denied cert of a case that if left at its current status, would bar religious organizations from a general historical preservation fund program. Learn more at

The white-washed churches of New England, often contrasted against the reds and yellows of fall foliage, have captured the imagination of painters and photographers everywhere.  But, not the Supreme Court of the United States.

In March of 2019, the Justices declined to review an appeal from New Jersey Supreme Court case finding the funding of grants for the historic preservation of these churches unconstitutional.  Such grants allowed local organizations to apply for a grant to repair things like shingles, paint, or mechanical work, but not hymn books, altar pieces, or Sunday school lessons.  

At least a few Justices viewed the denial of these funds to churches as religious discrimination.  A perplexed, and unequivocal, Justice Brett Kavanaugh, writing for Justices Alito and Gorsuch, said in a statement, “Barring religious organizations because they are religious from a general historic preservation grants program is pure discrimination against religion.” 

Indeed, it is difficult to conceive of more unvarnished religious discrimination. The government deciding that religious organizations are ineligible to participate equally in the public square merely because they are religious is precisely the type of religious discrimination the Founders were trying to prevent.  Justice Kavanaugh is absolutely right in declaring this to be “pure discrimination against religion.” 

No state official should discriminate against people of faith, or the religious organizations they operate, based merely on their religious status. 

To learn how First Liberty is protecting religious liberty for all Americans, visit

Apr 22, 2019

The Ninth Circuit Court of Appeals had the last word in our case of Chabad of Irvine, a small Orthodox Jewish congregation in California that has been fighting for their free exercise rights for years. Learn more at

We’ve covered practice of Kaporos on this program before.  If you’ve forgotten, Kaporos is a sacred religious ceremony performed by Orthodox Jewish congregations for several millennia.  In the ceremony, which takes place during the holiest days of the Jewish calendar, the atonement of sins is contemplated through prayer and the kosher and humane killing of a chicken.

But, as we’ve discussed previously, animal rights activists in California sued to force government officials to prohibit the ceremony.  First Liberty network attorneys argued that it is not the role of the government to tell religious communities how to peacefully exercise their religious beliefs.

In fact, over the last few years, First Liberty and network attorneys successfully defended the Chabad of Irvine, a small synagogue in Orange County, California, against two lawsuits brought by activists opposed to kaporos.  But, of course, the animal rights activists appealed the dismissal of one lawsuit to the U.S. Court of Appeals for the 9thCircuit.

Well, about a week after oral argument, the Ninth Circuit came out with its decision.  It’s conclusion?  That the animal rights groups didn’t even have the legal ability to bring the lawsuit in the first place. 

While it was decided on procedural grounds, the court’s decision brings a resounding conclusion to several years of harassment by lawsuit of a peaceful religious practice.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Apr 15, 2019

Whether it is in word or deed, senior members of President Trump’s administration are proving to be strong advocates of the importance of religious liberty. Learn more at

Two public appearances by senior members of the Trump Administration show the Administration’s fundamental commitment to religious liberty.  And it’s more than just words.

In answer to a question from a reporter, Secretary of State Mike Pompeo pointed out the administration’s foreign policy when it comes to religious freedom.  He said, “Because it’s at the heart of all the freedoms that every individual should have, right?”

Former Acting Attorney General Matthew Whitaker spoke at length about the importance of the Religious Freedom Restoration Act at the Heritage Foundation on Religious Freedom Day.  He explained, “RFRA promotes authentic tolerance—because RFRA makes a solemn promise to the people of this nation that we can find a place for them, regardless of who they are, and regardless of their beliefs.”

Both of these agencies have backed those words up with action.  The Trump State Department hosted a “Ministerial to Advance Religious Freedom” in 2018 and plans are underway for another in 2019.  The DOJ has issued guidance on religious liberty to all executive agencies, launched its “place to worship” initiative that protects houses of worship, and been active in litigating violations of religious liberty.

Whether it involves matters of foreign policy or domestic relations, it is good to see an executive branch committed to defending religious liberty in both word and deed.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Apr 8, 2019

The Establishment Clause of the First Amendment was intended to prevent the government from establishing a religion, not keep religion out of the public sphere. First Liberty argued before the Supreme Court and asked the Court to change its perspective. Learn more at

Many of you have followed First Liberty’s case before the Supreme Court of the United States over the Bladensburg WWI Veterans Memorial.  We hope the case will provide much needed clarity to the interpretation of the First Amendment.

The Framers intended for the Establishment Clause to guard against the government establishing a national church.  Read more broadly, it prevents state officials from coercing the religious beliefs and actions of its citizens.  Unfortunately, as Justice Clarence Thomas has said, this area of the law is “in hopeless disarray.” 

We can lay the blame at the feet of a case from 1971 called,Lemon v. Kurtzman.  That decision has led to variety of confusing, court-created tests. Local officials, not knowing what to do, often ban religion. That kind of hostility to religion is something the Founders never intended. 

We propose an alternative: that the U.S. Supreme Court replace those tests with an alternative more in keeping with what the Founders had in mind.

Unless the state coerces someone into a religious belief or exercise or enacts laws or policies that purport to actually establish an official religion, there is no violation of the Establishment Clause of the First Amendment. 

Passive displays do nothing to coerce anyone into belief or religious exercise.  They just stand there, reminding us of the service and sacrifice of something we would forget if we did not see a visible reminder.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Apr 1, 2019

First Liberty has petitioned the Supreme Court to hear the case of Aaron and Melissa Klein, an Oregon family who was forced to shut down their business and fined $135,000 for not baking a same-sex wedding cake. The question now is, will the Court side with Gobitis or Barnette? Learn more at

The right to differ with popular beliefs and opinions has long been an American principle.

Back in the late 1930’s, the Gobitis children had a religious objection to saluting the flag.  The Supreme Court upheld their expulsion in Minersville School District v. Gobitis and that’s when the harassment of America’s Jehovah’s Witnesses took off.

Just a few short years later, the Supreme Court revisited its decision in West Virginia State Board of Education v. Barnette. Justice Jackson’s majority opinion explained that if the Bill of Rights allows the state to compel one to salute the flag, it also permits “public authorities to compel him to utter what is not in his mind.”

So it is with First Liberty clients, Aaron and Melissa Klein. Can the state compel small business owners to speak a message contrary to their religious beliefs?  That’s a question we hope the Supreme Court might soon answer.

And, we hope that answer is consistent with Justice Jackson’s in Barnette when he wrote, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”

Let’s hope the Supreme Court protects America’s small business owners and their First Amendment right to differ.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 25, 2019

The Bladensburg WWI veterans memorial is a symbol of honor and sacrifice of the 49 men from Prince George’s County, Maryland who fought and died in service to their county during WWI. First Liberty is fighting to defend the veterans memorial from destruction. Learn more at

They came from many walks of life.  Several were simple laborers.  One was a well-known surgeon.  Another, a legend and past recipient of the Medal of Honor whose heroism in World War I earned him the Distinguished Service Cross. But, they all came from Prince George’s County, Maryland.

Educated or not, white or black, rich or poor, their bodies were interred under small grave makers in cemeteries far too distant for their families to ever visit.

In 1925, a local post of The American Legion erected the Bladensburg World War I Veterans Memorial to honor 49 men from the county who gave their lives serving in the U.S. Armed Forces during World War I.

The Fourth Circuit determined the cross-shaped memorial is unconstitutional. First Liberty Institute, and our network attorneys at the international law firm Jones Day, appealed that decision to the U.S. Supreme Court.  By June, we should have a decision.

I think the Gold Star mothers who designed the Bladensburg memorial in 1919 would be pleased. They chose the shape of the memorial to recall the crosses marking the countless American graves on the Western Front of that war.

Surely the Constitution permits Gold Star Mothers to erect a simple memorial that mirrors those that marked the graves of their sons buried on the battlefields of Europe.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 18, 2019

Despite the presence of Article VI to the Constitution, confirmation hearings for judicial nominees have continued to include questions pertaining to the nominee’s religious viewpoints. This is not fair, nor permitted by the Constitution. Learn more at

Confirmation hearings have been interesting of late. Some senators are asking questions of nominees that are more than tough. They are unfair.

My favorite example of this came when Sen. Cory Booker asked judicial nominee Neomi Rao whether she believed homosexuality is a sin.  That’s a question that seems out of line because it invites the nominee to assert a theological pronouncement. 

Senator Mike Lee thought so too.  He said, “I can’t fathom a circumstance in which it’s ever appropriate for us to ask a nominee about his or her religious beliefs about whether x, y or z is a sin.”  Senator Lee then had to remind Sen. Mazie Hirono of Sen. Booker’s actual question about sin when Hirono shot back, “It is not that we all ask ‘do you think such and such is a sin, etc., etc.'”

These questions may in fact violate Article VI of the Constitution, which guarantees that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” 

Forcing citizens to adhere to a specific religious ideology—or none at all—violates the rights common to our humanity, rights endowed to us by our Creator.  Article VI exists to keep the halls of government open to an ideological variety of Americans. 

That’s something our senators would do well to remember.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 15, 2019

Seth Clark, a salutatorian from Akin, Illinois decided to quote the Bible in his graduation speech. A community member complained that religious content would be shared on school grounds. But there’s a neat and surprising story. Listen to how the situation turned out by listening to

Akin, Illinois is a small town in the heartland of our country.  There you will find salt-of-the-earth folks growing the crops that feed the rest of us. Everyone knows everyone, so it was no surprise when the Clark’s boy, Seth, was announced the salutatorian of his graduating grade school class.

But, when word got around that Seth was going to quote from the Bible in his speech, someone complained.  That complaint reached the school board and, soon enough, Seth was told that the Constitution would not let his speech with religious content be delivered on school grounds, to a captive graduation ceremony audience.

Well, that was that…or so it seemed.

The story has a bit of a surprise ending.  A neighbor who lived across from the school offered up his front porch.  So, when it came time for Seth’s speech, the audience turned around.  There, on the front porch of this iconic Midwestern town was Seth Clark holding forth, giving the speech that he always wanted to give. 

Perhaps you live in one of those towns where folks still stop to chat on the front stoop on a cool summer’s evening.  If not, you need to know that the Constitution never requires a student’s private remarks be given on private property. 

“It was the proudest moment of my life,” said Seth’s Mom.  Well, I suppose it was.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 13, 2019

The State of Florida has a new law on religious liberty.  The “Florida Student and School Personnel Religious Liberties Act” codifies much of the case law protecting religious expression in public school. Learn more about what this means for students and school employees by listening to

The State of Florida has a new law on religious liberty.  The “Florida Student and School Personnel Religious Liberties Act” codifies much of the case law protecting religious expression in public school.

Under the new law, schools are instructed to treat voluntary student religious expression in the same way as other viewpoints being expressed.  Students are given the backing of the state in their manner of religious dress. Groups of students are given the space to form student religious clubs and gather to pray, just like any other club. 

School employees benefit under the law as well. The new law expressly states, “Employees may not be prevented from participating in religious activities on school grounds that are initiated by students at reasonable times prior to or after the school day.” 

Finally, the law requires the Florida Department of Education to develop a model policy establishing a limited public forum at certain times for the voluntary expression of religious viewpoints by students and personnel. This provision, which is required to be adopted by each school district throughout the state, will undoubtedly provide direction for how to handle things like graduation speeches, school board meetings, and maybe even ahead of athletic contests.

There’s nothing earth-shattering in this new law, but whenever a state takes the time to codify what the courts have determined the First Amendment requires, it’s a good thing for religious liberty.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 11, 2019

In April of 2017, the Indiana General Assembly passed, and its governor quickly signed, a measure providing students with the chance to take an elective surveying the worlds religions, Learn more about this law at

The Hoosier state has taken steps to codify important religious liberty protections for Indiana’s students. 

In April of 2017, the Indiana General Assembly passed, and its governor quickly signed, a measure providing students with the chance to take an elective surveying the worlds religions, while outlining the civil liberties afforded to its students in Indiana’s public schools.

The new law provides each local school district the freedom to offer an elective course that will study the historical, cultural, and literary contributions of the world’s major religions. 

At the same time, some of the critical civil liberties protected by the law include protecting a student’s right to express their religious beliefs in class and class assignments, the right to pray before, during, and after the school day, and the right to access a school’s facilities in the same manner that secular groups do.

Of course, many of these protections are found in policies issued by the United States Department of Education.  Nonetheless, it is encouraging to see a state dedicate significant legislative effort to religious liberty.  Students should not be required to hide their faith at school, nor should they be punished for daring to discuss their religious beliefs while at school.

Religious liberty should be our national priority.  It’s good to see that, at least for one state, it’s a clear priority for their students.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 8, 2019

Protecting the rights of minority American religions like Sikhism, Native American religions and Islam help protect mainstream or majority religions. Learn more about the cases that help further all religions at

Sometimes our listeners ask why we spend so much time discussing cases involving minority American religions, like Sikhs, Native Americans, or Muslims.

The short is answer is that our mission at First Liberty is very simple: we protect religious liberty for all Americans. 

But, it’s also historical.  If you look at the body of caselaw governing religious liberty, some of the most consequential cases have arisen from minority faiths.

Wisconsin v. Yoder, for instance, debated whether the State of Wisconsin could compel Amish families to send their children to public school against their religious practices.

In the 1980’s, the Supreme Court decided Goldman v. Weinberger examining whether an Air Force regulation violated the First Amendment by prohibiting an airman from wearing his yarmulke.

More recently, in Holt v. Hobbs, the Supreme Court examined whether a corrections system could present a compelling justification for allowing quarter-inch beards, but prohibiting half-inch beards.

And, then there’s the case with the funny name: Church of Lukumi Babalu Aye v. Hialeah. That case examined whether a city ordinance discriminated against the religion of Santeria by prohibiting ritual animal slaughter.

The bottom line is this: whether it is a mainstream denomination or a minority religion, religious liberty for one is religious liberty for all.  And, the loss of religious liberty for one religion is a loss in liberty for everyone.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 6, 2019

While the Religious Freedom Restoration Act (RFRA) often provide protection for a citizen’s religious freedom, it is not always a guarantee. Learn more at

Two new cadets at the United States Military Academy at West Point do not want to wear the tar bucket.

If you’re not familiar with the uniform of West Point cadets, when on parade, cadets wear a plumed shako hat or, as they are commonly called, a “tar bucket.”  The cadets object to wearing the hat because it would force them to remove their turban.  That is a problem chiefly because the cadets are Sikh and the turban is a religious observance for the men. 

So, while the United States Army has provided accommodation for Sikh soldiers in the past, this new lawsuit questions whether that accommodation need extend to the parade grounds.  And, it is an interesting question.  Clearly, forcing the cadets to remove their turban would be, in the words of the cadets, “blasphemous.”  Yet, there is something to the tradition and uniformity found in the military dress of our nation’s military academies. 

Congress, thankfully, has helped provide guidance in the settling of such matters.  In the Religious Freedom Restoration Act, Congress insists that the government identify its compelling interest and restrict the free exercise of religion in the least restrictive manner possible whenever a citizen alleges a substantial burden to his free exercise of religion.  RFRA does not guarantee an outcome in any case. But, it does make the government justify its behavior.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 4, 2019

Donna Dunbar and her husband have served their community faithfully for many years. In doing so, Donna hosts a Bible study in the social room of her condominium, that is until the condo association board adopted a new resolution, without warning, forbidding all religious activities in the room. Learn more at

Donna Dunbar and her husband Clarence love to serve their community in Port Charlotte, Florida.  They founded a soup kitchen, at which they donated over 4,000 volunteer service hours—an act that won them the President’s Volunteer Service Award.

But, things aren’t has rosy at their condominium. Donna is a lay minister in the Seventh Day Adventist tradition.  She welcomes a few of her friends to the social room at her condo each week for a Bible study. The room is used by lots of people. Some play games there, there’s a weekly poker game, and even a regular movie night for all to attend. 

Until recently, Donna’s Bible study was no big deal. But, without any announcement or warning, the condo association board adopted a resolution putting an end to the use of the common areas of the condo for religious purposes, including Donna’s Bible study.  Someone even put a sign on the organ in the room that said, “Any and all Christian music is banned!”

First Liberty Institute filed a complaint with the U.S. Department of Housing and Urban Development alleging that Donna’s condo broke the law with such a discriminatory policy and asking Secretary Ben Carson to undertake an investigation into this matter.

After all, such unequal treatment of citizens shows hostility to religion and violates federal law and the First Amendment.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Mar 1, 2019

Many know about Aaron and Melissa Klein, the bakers in Oregon who lost their bakery and were fined $135,000 because they politely refused to bake a cake that conflicted with their religious convictions. But the media doesn’t show the attacks the Kleins have faced from those in their community. Learn more at

You probably know the story of Aaron and Melissa Klein, the bakers in Oregon forced out of business and fined $135,000 by the state when they politely declined business that would have forced them to violate their religious convictions.

What you may not know is that, after the State of Oregon pronounced them guilty of discrimination, private citizens were eager to show their contempt for the Kleins.

Many of the comments they received are so vulgar that I cannot repeat them here.  But, here is a tame sampling. 

One person, writing on Facebook said to the Kleins, “I hope your shop burns.”  Another chimed in, noting that she hoped Aaron and Melissa would “burn in Hell.”

One man sent a message that said, “I hope you lose your house and have to live on the streets.” One woman even said, “We hope your children get cancer and die.”

When the government declares that citizens like Aaron and Melissa are not entitled to the Constitution’s promises of religious liberty and free speech, its people push aside any goodwill that allows people to coexist peacefully with beliefs with which they may disagree. 

Aaron and Melissa have asked the Oregon Supreme Court to review their case.  We hope the court will accept the appeal, if only to remind everyone that it is possible to live peacefully as neighbors even when we disagree.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Feb 27, 2019

Public schools are allowed to release schoolchildren for religious education at the request of their parents in an effort to accommodate the faith and wishes of parents. Learn more at

In 1975, residents of Harrisonburg, Virginia sued their school board.  The lawsuit questioned the school’s practice of releasing students from school to receive religious instruction.

The Virginia Council of Churches had been providing religious instruction for Harrisonburg schoolchildren since 1923. In 1963, the classes moved from the public school classroom to off-campus trailers.  For about an hour a week, 27 classes of elementary school children, with the consent of their parents, walked out of class and into the awaiting trailers.  Those who did not opt-into the program, simply stayed behind.

The United States Court of Appeals for the Fourth Circuit approved of the release time program for religious instruction. The court explained that the school was merely accommodating the wishes, and religious beliefs, of parents.  Any effect of the city aiding religious instruction was merely incidental to their administration of public education. Parents, the court recognized, had the responsibility for the education of their children, including religious education.  It’s the state’s responsibility to respect and accommodate the parents.

If parents want religious instruction to be a part of that education, the Constitution provides the space for the state to so accommodate.  By releasing children for religious instruction at the request of their parents, public schools show respect for the religious beliefs of their community.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Feb 25, 2019

Upon returning a changed man from World War I, Riley Bembry and a number of other returning soldiers erected a simple white cross, dedicating it to all who have fought and died for their country. In 2001, someone sued and a judge ordered the cross to be removed from view. Learn more:

Riley Bembry returned from World War I a changed man. Upon his return, this former army medic, settled in Los Angeles and became a butcher.  But, the city could not contain him. He headed into the Mojave Desert and became a prospector. 

By the time the Great Depression gripped the nation, other veterans of the Great War had found their way to Bembry’s cabin, each seeking to escape the emotional and physical scars left from the war. Together, in 1934, they erected a simple, seven-foot monument atop a rocky outcropping not far from Bembry’s cabin, but miles and miles from anything else. They chose a common symbol to honor war-dead: a white cross and dedicated it, “To honor the dead of all wars.”

When Bembry died in 1984, Henry Sandoz, Bembry’s close friend, began to care for the Mojave Desert Veterans Memorial Cross. In 2001, someone sued.  A judge would eventually order the memorial hidden from view—literally covered with a padlocked bag—while the case was decided. First Liberty had the privilege of working with Henry Sandoz, the Veterans of Foreign Wars, The American Legion and others to defend that memorial.  Before he was a senator, Ted Cruz volunteered his time as lead counsel on the case.

Because of Henry Sandoz, Ted Cruz, Veterans of Foreign Wars, The American Legion, and First Liberty, that memorial still stands today just where Bembry placed it in honor of “the dead of all wars.” 

To learn how First Liberty is protecting religious liberty for all Americans, visit

Feb 22, 2019

The use of cross-shaped memorials has been a long standing tradition in honoring the dead. In 1915 Major John McCrae wrote the famous poem, “In Flanders Fields” and the cross reference is no mistake. Learn more at

In May of 1915, Major John McCrae buried his friend.  It is believed that after the burial he penned the now famous poem, “In Flanders Fields.”  This is what he wrote:

In Flanders fields the poppies blow

Between the crosses, row on row,

That mark our place; and in the sky

The larks, still bravely singing, fly

Scarce heard amid the guns below.


We are the Dead. Short days ago

We lived, felt dawn, saw sunset glow,

Loved and were loved, and now we lie

In Flanders fields.


Take up our quarrel with the foe:

To you from failing hands we throw

The torch; be yours to hold it high.

If ye break faith with us who die

We shall not sleep, though poppies grow

In Flanders fields.


The reference to crosses was no accident. These were the markers used for temporary gravestones across Europe.  When the graves were made permanent, the world community rejected efforts to convert the temporary, cross-shaped gravestones into rounded tombstones.

That is why today, across America, many veterans memorials are cross-shaped.  And, that is why we defend them.  Today, “the foe” of McCrae’s poem are those wishing to purge the religious from public view, including veterans memorials bearing religious imagery.  But, we will not break faith, with those who died.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Feb 20, 2019

Does the Religious Freedom Restoration Act (RFRA) protect religious acts of protests outside of the Supreme Court? Learn how a U.S. District Court decided the case at

Sometimes the substantial burden on a person’s religious exercise comes literally to the steps of the Supreme Court.

The U.S. District Court for the District of Columbia recently dismissed a lawsuit alleging that preventing anti-war activists from demonstrating outside the Supreme Court violated the Religious Freedom Restoration Act. 

The activists noted in their complaint that as a “post-denominational Christian” and “Unity Christian,” their religious beliefs compel protests against war.  They insist on living out their spirituality through prayer vigils and peace walks, sometimes on the Supreme Court’s steps. 

Interestingly, the court never questioned the sincerity of their beliefs, no matter how odd they seem.  Nevertheless, the court determined that RFRA did not protect their religious acts of protest.  Why? Because the rule restricts “only one of a multitude of means by which Plaintiffs could engage in their religiously motivated activity.”  According to their own words, the steps of the Supreme Court are not the onlyplace in which to exercise their beliefs; it’s just one ofthe places they exercise their beliefs.  So, while the rules might burden their religious exercise, it’s not a substantial burden since there are many avenues left open to their religious exercise. 

RFRA provides broad protection to those who seek to exercise their religion, even when they attempt to do so in public.This case reminds us that RFRA correctly balances that right against the legitimate needs of government to govern. 

To learn how First Liberty is protecting religious liberty for all Americans, visit

Feb 18, 2019

The U.S. Court of Appeals for the Fourth Circuit recently denied review of the court that declared a cross-shaped veterans memorial unconstitutional. A number of judges on the court disagreed with the decision and made their stances known. Learn more at

When the U.S. Court of Appeals for the Fourth Circuit declined to review a decision of that court that said the cross-shaped Bladensburg World War I Veterans’ Memorial is unconstitutional, not all the judges agreed.

Chief Judge Gregory noted his dissent.  He said, “Nearly a century ago, Maryland citizens, out of deep respect and gratitude, took on the daunting task of erecting a monument to mirror the measure of individual devotion and sacrifice these heroes had so nobly advanced. The panel majority says their effort violates the Constitution the soldiers fought to defend. I, respectfully, think otherwise.”

Judge Niemeyer said with some exasperation, “Until this action was filed by persons who claim to be offended by the presence of the monument, no complaint had been made about its presence . . .”

But, Judge Wilkinson was poetic in his dissent. He wrote, “The dead cannot speak for themselves. But may the living hear their silence. . . This memorial and this cross have stood for almost one full century. Life and change flow by the small park in the form of impatient cars and trucks. That is disturbance enough.”

He concluded simply noting that the park in which the memorial stands, “may not be Arlington National Cemetery, but it is the next thing to it. I would let the cross remain and let those honored rest in peace.”

To learn how First Liberty is protecting religious liberty for all Americans, visit

Feb 15, 2019

Memorials are symbols meant to remind the living of the sacrifice of our fallen soldiers and the Fourth Circuit Court of Appeals decision to deny an en banc review of the Bladensburg Veterans Memorial could be setting a dangerous precedent. Learn more at

Veterans’ memorials are symbols meant to remind the living of the service and sacrifice the fallen made for freedom.

That is why Gold Star mothers in 1919 started work on the Bladensburg World War I Veterans’ Memorial.  They did not want the world to forget the sacrifice their sons made.  So, they, along with The American Legion, erected a cross-shaped memorial.  The design mirrored the universally accepted symbol erected over the thousands of graves of men who died in Europe defending freedom.  No one complained for almost 100 years.

Recently, the U.S. Court of Appeals for the Fourth Circuit refused to overturn an opinion of a panel of that court that would direct a federal district to consider whether the monument should have it’s horizontal arms removed or be razed to the ground completely.

Such a decision sets a dangerous precedent for veterans’ memorials across America. If this decision stands, other memorials will be targeted for destruction as well. We will appeal this case to the U.S. Supreme Court.

I encourage you to go to and join us in defending this memorial to the 49 men of Prince George’s County, Maryland killed in the line of duty during World War I. 

We forget what we do not see.  Unless the Supreme Court intervenes, the Bladensburg memorial and similar memorials in close by in Arlington National Cemetery may disappear as well.

To learn how First Liberty is protecting religious liberty for all Americans, visit

Feb 13, 2019

A recent case out of Fresno regarding our national motto, “In God We Trust,” is proving that American heritage is trying to be resisted by vehement disputants. Learn what this issue entails at

According to The Fresno Bee, the Fresno City Council is considering adding the national motto, “In God We Trust,” to the wall of the council chambers.  But, at least one local resident opposes the proposal. 

In the mind of one atheist protestor, the delicate balance between church and state is upset entirely by the public display of these four words.  And, despite the fact that the atheist writes, “Atheists like me feel the idea of “God” has little meaning,” he encourages the local community to oppose a word which he believes has “little meaning.”  One wonders how a word with “little meaning” can violate the so-called separation of church and state, but that’s another issue.

Of course, if folks wanted to purchase the article in The Fresno Bee, they would do so with coins bearing the national motto since 1864.  The city council would be in good company with the United States House of Representatives which has the motto emblazoned behind the speaker’s dais. And, on the way to city hall, residents may have to drive by police or sheriff’s cruisers sporting the national motto. 

Throughout America’s history, the national motto has been honored and celebrated as an expression of what it means to be an American. Any effort to prevent its display should be rejected as bald efforts to rewrite our history and destroy our heritage.

To learn how First Liberty is protecting religious liberty for all Americans, visit

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