Tuesday, January 28, 2014 |
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Dear Friends,
As
you may know, last Friday at 4pm, the Supreme Court ruled that our
client, the Little Sisters of the Poor, would be protected from crushing
IRS fines while we continue to fight for them in the Tenth Circuit. Not one member of the Court dissented from the order.
At once, we felt relieved for the Sisters. No fines. For now. We were also overjoyed that the order also
specified that the Sisters would not have to sign a government
"permission slip" that is in direct violation of the Sister's religious
beliefs.
But,
there are a lot of hurdles ahead. And, for the sake of the Sisters'
work and every American's religious freedom, we need to overcome them.
The "permission slip,"
or certification, is something worth considering for a moment since you
will hear a lot about it in the months to come. In broad strokes, the
certification specifies that the Sisters oppose contraceptives and
potentially life terminating drugs. This part is true. However---and
this is the big however--it also authorizes, directs, and legally binds
others to provide these drugs.
The
government says the Little Sisters should sign and distribute the
authorization form because "at this time" the government has not yet
figured out how to force Christian Brothers to distribute the drugs.
But the government also emphasizes that it is still considering ways to
force Christian Brothers and other third parties to act on the Sisters'
forms. And
the Little Sisters simply can't authorize, direct, and bind people to
provide contraceptives--they can't help with the government's
contraceptive delivery scheme at all--even if the government says the
system doesn't work just yet.
Instead
of protecting the Little Sisters' religious liberty, the government has
mocked their stance by characterizing their courage, in court, as a
fight against "invisible dragons." Here's a link to the court transcript, but you do not need to read the entire document. The "dragon" reference appears on the end of page 93.
Just
yesterday, Bill Mumma and I went to visit the Little Sisters of the
Poor in their home in Baltimore. It was the most special day I have
experienced in my almost 16 years at Becket. The Little Sisters aren’t
kidding when they say they go begging in order to provide for their
residents. They truly devote all of their skills and talents to find
every unique and possible way to make their residents feel loved and at
home. They showed us how to be joyful and grateful despite having
limited resources. Their overwhelming gratitude towards us was humbling
and a great reminder of why we do what we do.
And
with this reminder, we will continue to fight for the Sisters in the
Court of Law and in the court of public opinion. If the government is
willing to do this to the Little Sisters, what will they do to the rest
of the faithful?
As
soon as the Supreme Court released its order, Daniel Blomberg went on
Greta Van Susteren's show and I appeared on Megyn Kelly's program. It is
important for the American people to know what is happening to the
Sisters and to religious liberty in this country.
If you have 3 minutes, please watch:
- Three
Congressional briefs will be filed by members of Congress from both
parties, for a total of 107 bipartisan members of the House and Senate
representing 34 states.
- Law
professors who filed a brief explaining that religious accommodations
like the one that protects the Greens are constitutional. Including:
Mary Ann Glendon of Harvard Law School, Robert George of Princeton,
Eugene Volokh of UCLA Law School, Rick Garnett of Notre Dame Law School,
Steven Smith of the University of San Diego Law School, Nathan Chapman
of University of Georgia Law School, Michael Moreland of Villanova Law
School.
- Women’s
groups, Doctors and medical scholars, and religious groups that
included the USCCB, the Orthodox Union, a leading Orthodox Jewish
association, Church of the Lukumi Babalu Aye, a Santeria church that won
a 9-0 Supreme Court victory under the Free Exercise Clause, Hindus, The
Ethics and Religious Liberty Commission of the Southern Baptist
Convention, The Church of Jesus Christ of Latter-day Saints, Prison
Fellowship Ministry , Anglican Church in North America, Coalition of
Christian Colleges and Universities, and Democrats for Life are also
filing.
The oral argument takes place on
March 25. We are working around the clock to prepare for this moment,
which will determine to what extent we can exercise our religious
freedom.
Many thanks for your support. As always, feel free to call or email with any questions you may have.
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Sincerely, |
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Kristina Arriaga Executive Director |
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