For-Profit Florida Electrical Firm Has No Religious Freedom Right

For-Profit Florida Firm Has No Religious Freedom Right To Deny Workers Access To Contraceptives, Says Americans United

Church-State Watchdog Group And Allies Tell Appeals Court To Rule Against Beckwith Electric Company

 

http://deaconforlife.blogspot.com/2013/03/beckwith-electric-company-inc-filed.html

 

Oct 29, 2013

A Florida company that manufactures electrical products cannot exercise religion and therefore cannot exempt itself from the Affordable Care Act’s contraception mandate, Americans United has told a federal appeals court.

In a friend-of-the-court brief filed yesterday with the 11th U.S. Circuit Court of Appeals, Americans United and allies argued that as a secular, for-profit corporation, the Largo-based Beckwith Electric Company must comply with the contraception mandate. The company is owned by Thomas Beckwith, a devout Southern Baptist with a moral objection to the use of emergency contraceptives. Currently, exemptions to the mandate are permitted only for houses of worship and religious non-profits.

Americans United Executive Director the Rev. Barry W. Lynn said Beckwith is entitled to his personal beliefs, but he cannot force those beliefs on others.

“No secular corporation should be able to deny its employees fair access to necessary medication, including birth control,” Lynn said. “Employers have no constitutional right to impose their moral judgments on their employees.”

The brief notes that the Beckwith firm cites the Religious Freedom Restoration Act, passed in 1993, as evidence it is entitled to an exemption from the mandate. But Americans United disputes this argument.

“Plaintiffs fail to demonstrate that the requirement imposes a substantial burden on their religious exercise, as required to trigger strict scrutiny under RFRA,” the brief observes. “And the exemption they seek would authorize employers to intrude on private healthcare relationships, conditioning employees’ private medical decisions on their employers’ religious beliefs.”

The case is one of dozens challenging the contraception mandate. Appeals courts are split over the question of whether the mandate can be applied to secular, for-profit firms, and observers believe the issue is likely to reach the U.S. Supreme Court.

“If secular, for-profit corporations win the right to impose their owners' religious beliefs on employees, the consequences will transcend the issue of contraception,” said Gregory M. Lipper, senior litigation counsel for Americans United and a primary author of the brief. “Owners with religious objections to blood transfusions, psychiatric treatment or even gelatin-covered pills would be able to impose their beliefs on their corporations' employees.”

In addition to Lipper, the brief in Beckwith Electric Company, Inc. v. Sebelius was prepared by AU Legal Director Ayesha N. Khan and AU Madison Fellow Caitlin E. O'Connell, with input from Daniel Mach and Brigitte Amiri of the American Civil Liberties Union.

Groups joining Americans United on the brief are: ACLU; American Civil Liberties Union Fund of Michigan; Anti-Defamation League; Catholics for Choice; Central Conference of American Rabbis; Hadassah, The Women’s Zionist Organization of America; Hindu American Foundation; Interfaith Alliance Foundation; National Coalition of American Nuns; National Council of Jewish Women; Religious Coalition for Reproductive Choice; Religious Institute; Union for Reform Judaism; Unitarian Universalist Association; Unitarian Universalist Women’s Federation and Women of Reform Judaism.

Note:  This is the thirteenth friend-of-the-court brief that AU has filed regarding this religious freedom issue.

https://www.au.org/media/press-releases/for-profit-florida-firm-has-no-religious-freedom-right-to-deny-workers-access

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

Americans United And Allied Groups: Nullify Nevada And Hawaii Bans On Same-Sex Marriage

Americans United And Allied Groups Ask Federal Court To Nullify Nevada And Hawaii Bans On Same-Sex Marriage

Marriage Prohibitions Violate Genuine Religious Freedom, Coalition Asserts

Oct 28, 2013

Americans United for Separation of Church and State has joined a legal brief asking the 9th U.S. Circuit Court of Appeals to nullify amendments to the state constitutions of Nevada and Hawaii that prohibit same-sex marriage.

The friend-of-the-court brief, filed Friday by Americans United, the Anti-Defamation League (ADL) and 28 other civil rights and civil liberties groups, argues that overturning the marriage bans not only would ensure that religious considerations do not influence what marriages the two states can recognize but also would allow religious groups to decide the definition of marriage for themselves.

“Marriage should not be defined in any state based purely on narrow sectarian beliefs,” said the Rev. Barry W. Lynn, executive director of Americans United. “Allowing powerful religious groups to define marriage for everyone is fundamentally at odds with what America is supposed to be about.”

The brief asserts that making same-sex marriage illegal is not necessary for a government to protect religious liberty. In fact, the bans do nothing more than enshrine the religious doctrine into law, in violation of the First and Fourteenth Amendments.

“Hawaii and Nevada had no legitimate secular purpose in adopting that selective religious definition of marriage,” the brief asserts. “Rather, the legislative history and ballot initiative campaign materials confirm that those responsible for passing the Marriage Bans had the specific motive of tying the definition of marriage to a particular religious tradition’s understanding of that civil institution.”

Continued the brief, “While protecting religious liberty is a legitimate governmental interest in general, what the proponents of the Marriage Bans actually urge is that Hawaii and Nevada be allowed to enact a particular religious view of marriage to the exclusion of other religious views. State governments have no legitimate interest in enacting legislation that merely adopts a particular version of Judeo-Christian religious morality.”

Nevada voters overwhelmingly approved a constitutional amendment limiting the definition of marriage to one man and one woman in 2002. But in 2009, the state legislature approved domestic partnerships for all couples living together, regardless of gender.

The Nevada case, Sevcik v. Sandoval, was brought by four same-sex couples who sought marriage licenses in Nevada and four more couples who had been married in California and Canada and sought recognition of those marriages in Nevada.

Hawaii law does not currently allow same-sex marriages but does recognize same-sex civil unions. However, the state legislature is now considering legalizing same-sex marriages, over the objections of several religious groups.

The Hawaii case, Jackson v. Abercrombie, contested the constitutionality of both the state’s ban on same-sex marriage and its recognition of civil unions only.

The two cases have been combined into a single appeal.

The brief was prepared by attorneys from the international law firm Ropes & Gray LLP and the Anti-Defamation League, with input from Americans United Associate Legal Director Alex Luchenitser.
Other groups joining Americans United and the ADL include: Hadassah, The Women's Zionist Organization of America; Interfaith Alliance Foundation; Metropolitan Community Churches; More Light Presbyterians; The National Council of Jewish Women; People For the American Way Foundation; Society for Humanistic Judaism; Unitarian Universalist Association and Women's League for Conservative Judaism.

https://www.au.org/media/press-releases/americans-united-and-allied-groups-ask-federal-court-to-nullify-nevada-and

 

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

Federal Appeals Court Says For-Profit Firm Is Not A Person With Right To Exercise Religious Freedom

Federal Appeals Court Says For-Profit Firm Is Not A Person With Right To Exercise Religious Freedom

Americans United Asked Court Not To Grant Exemption From Birth Control Mandate To Secular Corporation

Oct 25, 2013

A Michigan-based for-profit business that produces organic foods has no right to an exemption from the Obama administration’s birth control mandate, a federal appeals court ruled yesterday.

In a unanimous opinion, the 6th U.S. Circuit Court of Appeals found that Eden Foods, Inc. is not entitled to an exemption from the federal Affordable Care Act’s birth control mandate, which requires most businesses to provide their employees with health insurance that includes no-cost birth control. The court said a secular, for-profit company is not a person that can exercise religion under the Religious Freedom Restoration Act.
Americans United Executive Director the Rev. Barry W. Lynn said the court made the right call.

“No business should be allowed to impose the boss’ religious views on its employees,” Lynn asserted. “Corporations simply aren’t people, and they don’t have the same rights as individuals.”

The ruling was based on the 6th Circuit Court’s recent decision in Autocam Corporation v. Sebelius, in which a secular, for-profit corporation was not granted an exemption from the birth control mandate.
The court added that the mandate was not designed to hinder religious freedom, and that Eden Foods’ Roman Catholic owner Michael Potter does not have standing to bring claims on the company’s behalf.

“Free-exercise-of religion rights have never been extended to secular, for-profit corporations like Eden Foods, which are ‘not the alter ego[s] of [their] owners for purposes of religious belief and exercise,’” the court said. “Moreover, Potter’s First Amendment rights were not infringed by the mandate because that regulation does not seek to burden religion, but rather to promote public health and gender equality.”

Americans United had filed a friend-of-the-court brief in July encouraging the 6th Circuit Court to uphold the birth control mandate.

Eden Foods, Inc., et al. v. Sebelius is one of numerous legal challenges brought by secular, for-profit corporations seeking exemptions from the birth control mandate. The issue is expected to eventually come before the U.S. Supreme Court.

https://www.au.org/media/press-releases/federal-appeals-court-says-for-profit-firm-is-not-a-person-with-right-to

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

Coverage in OKC's City Sentinel

Story by Darla Shelden on October 16, 2013 . Click on author name to view all articles by this author. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

On October 17, the Oklahoma City Chapter of Americans United for Separation of Church & State’s Annual Membership Meeting will feature guest speaker Brady Henderson, legal director of the ACLU of Oklahoma. Photo provided

By Darla Shelden
City Sentinel Reporter


The Oklahoma City Chapter of Americans United for Separation of Church & State will host its Annual Membership Meeting on Thursday, October 17, from 7 to 9 p.m. The event themed “Movers & Shakers” will take place at Ingrid’s Kitchen at 3701 North Youngs Blvd., in Oklahoma City.


Light refreshments will be served. Attendees will be able to order from the menu should they wish.


The meeting will feature two prominent proponents of separation of church and state who will inform attendees about an important case that’s been filed in Oklahoma County Court.


The case challenges the installation of the Ten Commandments Monument on the Capitol grounds.


“Our annual meeting this year has two of the key people involved in a very important state-church case,” said communications chair, James Nimmo. “It’s the perfect opportunity for citizens to hear first hand from the chief litigator and lead plaintiff and ask questions about this religious separation case that will be receiving national attention.”


All interested citizens are encouraged to attend and participate with questions and comments.


One of the featured speakers will be Brady Henderson, legal director of the ACLU of Oklahoma. Henderson will discuss some of the reasons the affiliate filed a recent petition to remove the Ten Commandments Monument currently on the northeast corner of the State Capitol building.


“It will be a great opportunity for those who share a commitment to separation of church and state to learn more about the lawsuit and the people behind it,” said Henderson. “One of the strengths of Americans United is its diversity of members and perspectives.


“We will be talking about how challenges like this one add to the conversation about religion and government for people of all faiths and creeds,” Henderson added. “The discussion will be an opportunity not merely to hear a speech, but to ask questions and have a dialogue about the Ten Commandments monument, the lawsuit, and what it means for Oklahoma.”


The second guest speaker will be Dr. Bruce Prescott, executive director of Mainstream Oklahoma Baptists. A former national board member of Americans United for Separation of Church & State, and ACLU of Oklahoma, Dr. Prescott is the lead plaintiff in the ACLU of Oklahoma monument case.


Prescott says he will be speaking about why he asked the ACLU to challenge the Ten Commandments monument at the state capitol.


According to an ACLU-OK press release the lawsuit seeks to remedy the state monument’s impact on Jewish and Christian believers stating that the government has taken a text that is deeply sacred in both faiths and have trivialized its religious meaning by placing it in a political and secular context. They assert its proponents are arguing that the monument is a constitutionally permissible recitation of a purely non-religious history of our legal system and government.


Prescott said, “To argue that the monument merely commemorates something historical rather than religious is a slap in the face to the many Oklahomans, like myself, who incorporate the Ten Commandments into our religious practice.”


The meeting agenda will also include: voting for the four officer positions – president, vice president, secretary and treasurer; the treasurer’s report on finances; and the past year’s activities.


“The Oklahoma City Chapter, one of the most active chapters of American United for Separation of Church and State, organizes this event so that Oklahoma’s citizens can discuss upcoming issues and be ahead of the inevitable curves thrown by those who want to diminish a valuable freedom that is not observed in much of the world,” said Nimmo.


Americans United (AU) is a nonpartisan organization dedicated to preserving the constitutional principle of church-state separation as the only way to ensure religious freedom for all Americans. AU represents over 70,000 individual members and 5,000 churches and other houses of worship nationwide.


Yearly Americans United memberships start at $25 and can be purchased online by visiting the national website at www.au.org/donate/donate-now.


For more information about the Oklahoma City Chapter of Americans for Separation of Church and State or the Annual Membership Meeting, visit www.okau.org or contact James Nimmo at 405-843-3651.

http://city-sentinel.com/2013/10/local-americans-united-group-to-discuss-churchstate-issues-at-membership-meeting/

Local Americans United group sets date for annual meeting themed “Movers & Shakers”

For Immediate Release

Americans United for Separation of Church and State – OKC Chapter

Thursday, October 17, 2013 Event

Contact: John Loghry, President, 405-651-5605

James Nimmo, Communications Chair, 405-843-3651 

What:   2013 AUOK Annual Membership Meeting  – “Movers & Shakers”

When: Thursday, October 17, 2013, 7 – 9 p.m.

Where: Ingrid’s Kitchen, 3701 N. Youngs Blvd., Oklahoma City

Who: OKC Chapter of Americans United for Church & State and the public!

Local Americans United group sets date for 

annual meeting themed “Movers & Shakers”

(OKLAHOMA CITY)   The 2013 Annual Membership meeting of the Oklahoma City chapter of Americans United for Separation of Church & State will be held on Thursday, October 17, from 7 to 9 p.m.  The event themed “Movers & Shakers,” will take place at Ingrid's Kitchen at 3701 North Youngs Blvd., in Oklahoma City. 

Light refreshments will be served.  Attendees will be able to order from the menu should they wish. 

“Our annual meeting this year has two of the key people involved in a very important state-church case,” said communications chair, James Nimmo.  “It's the perfect opportunity for citizens to hear first hand from the chief litigator and lead plaintiff and ask questions about this religious separation case that will be receiving national attention.”

The meeting will feature two of Oklahoma City’s prominent movers and shakers to inform attendees about a very important case that's been filed in Oklahoma County Court.

One of the evening’s two featured speakers will be Brady Henderson, legal director of the ACLU of Oklahoma.  Mr. Henderson will discuss some of the reasons the affiliate filed a recent petition to remove the Ten Commandments Monument currently on the northeast corner of the Capitol building.  

The second guest speaker will be Dr. Bruce Prescott, executive director of Mainstream Oklahoma Baptists.  A former national board member of Americans United for Separation of Church & State, and ACLU of Oklahoma, Dr. Prescott is also the lead plaintiff in the ACLU of Oklahoma monument case. 

Prescott says he will be speaking about why he asked the ACLU to challenge the Ten Commandments monument at the state capitol.

The meeting agenda will also include a vote held for the four officer positions – president, vice president, secretary and treasurer; the treasurer's report on finances will be given; and the past year's activities will be reviewed. 

“The Oklahoma City Chapter, one of the most active chapters of American United for Separation of Church and State, arranges this event so that Oklahoma's citizens can read and discuss upcoming issues and be ahead of the inevitable curves thrown by those who want to diminish a valuable freedom that is not observed in much of the world,” said Nimmo.

All interested citizens are encouraged to attend and participate with questions and comments. 

 

Americans United (AU) is a nonpartisan organization dedicated to preserving the constitutional principle of church-state separation as the only way to ensure religious freedom for all Americans. AU represents over 70,000 individual members and 5,000 churches and other houses of worship nationwide.

Yearly memberships start at $25.  Be sure your membership status is up to date by visiting the National website at www.au.org/donate/donate-now.

For more information about the Oklahoma City Chapter of Americans for Separation of Church and State or the Annual Membership Meeting, please visit www.okau.org, www.au.org

Two Movers and Shakers (No, not that kind of Shaker)

http://www.unitevoters.com/uv-334.jpg

Annual Membership Meeting--

Americans United for Separation of Church & State--

OKC Chapter

Dear First Amendment Supporters,

 

We'll have two movers and shakers to inform us about a very important case that's been filed in Oklahoma County Court.
 

One of the guest speakers will be Brady Henderson, legal director of the ACLU of Oklahoma. Mr Henderson will give us some of the reasons the affiliate filed a recent petition to remove the Ten Commandments Monument currently on the northeast corner of the Capitol building. 
http://acluok.org/2013/08/aclu-of-oklahoma-challenges-state-capitol-ten-commandments-monument/
 

The other speaker will be Dr. Bruce Prescott, executive director of Mainstream Baptists, former national board member of Americans United for Separation of Church & State, and ACLU of Oklahoma. Bruce is also the lead plaintiff in the ACLU of Oklahoma monument case.
 http://www.mainstreambaptist.blogspot.com/
 

Our meeting is the perfect opportunity to hear first hand and ask questions about this important case that will be receiving national attention.
 

The 2013 annual membership meeting of the Oklahoma City chapter of Americans United for Separation of Church & State will be held on Thursday, October 17, from 7:00pm to 9:00pm.

The location is Ingrid's Kitchen at 3701 North Youngs, Light refreshments will be served. Attendees will be able to order from the menu should they wish. website-- http://www.ingridskitchen.com/   
 

All four officer positions will be voted on; the treasurer's report on finances and the past year's activities will be given.
 

Be sure to have your membership status up to date. This can be done from the National website at https://au.org/donate/donate-now

Why Courts Matter: Preserving Religious Liberty

Streaming video available--

http://tinyurl.com/pz2n2pp

http://www.americanprogress.org/events/2013/09/23/75059/why-courts-matter-preserving-religious-liberty/