The man who destroyed a Satanic holiday display in the Iowa State Capitol on Thursday has been arrested and charged, police said.
Michael Cassidy, 35, was arrested after allegedly beheading a Baphomet statue put up last week by the Satanic Temple of Iowa, the Iowa State Police <a href="https://www.foxnews.com/politics/satanic-display-inside-iowa-state-capitol-destroyed-man-charged-officials" target="_blank" rel="noopener">confirmed</a> to Fox News.
He has been charged with 4th-degree criminal mischief.
Cassidy, a former Navy pilot who now works as a flight instructor and was previously a Mississippi congressional candidate, <a href="https://republicsentinel.com/articles/exclusive-christian-tears-down-and-beheads-satan-shrine-in-iowa-capitol?fbclid=IwAR3IAvn-ot35lKKtSK6UhP1YOt7PFHyjQdEWQCCzjMiB26OWyYC8y197168" target="_blank" rel="noopener">explained</a> to The Republic Sentinel why he decided to destroy the Satanic display.
“I saw this blasphemous statue and was outraged,” Cassidy told the outlet. “My conscience is held captive to the word of God, not to bureaucratic decree. And so I acted.”
“The world may tell Christians to submissively accept the legitimization of Satan, but none of the founders would have considered government sanction of Satanic altars inside Capitol buildings as protected by the First Amendment,” Cassidy added. “Anti-Christian values have steadily been mainstreamed more and more in recent decades, and Christians have largely acted like the proverbial frog in the boiling pot of water.”
After being charged, Cassidy posted a Bible verse to social media on Thursday evening.
“1 Peter 5:8 KJV Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour,” Cassidy posted on X.
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The Satanic Temple of Iowa <a href="https://www.facebook.com/reel/688085943432528" target="_blank" rel="noopener">said</a> in a Facebook post that the statue was &#8220;destroyed beyond repair&#8221; but that they will continue their holiday display for the next few days.
“We ask that for safety, visitors travel together and use the 7 Tenets as a reminder for empathy, in the knowledge that justice is being pursued the correct way, through legal means,” the group wrote. “Happy Holidays! Hail Satan!&#8221;
The Satanic Temple of Iowa <a href="https://www.facebook.com/SatanicIowa/posts/pfbid0WraUi8Axcy8CBaFPcc4ZUP4UCtEKtHSKWTfoj58h4qq8Z6EHt5YbkAHybZizZBVil" target="_blank" rel="noopener">said</a> it obtained permission from the state for the display, which was <a href="https://republicsentinel.com/articles/exclusive-christian-tears-down-and-beheads-satan-shrine-in-iowa-capitol?fbclid=IwAR3IAvn-ot35lKKtSK6UhP1YOt7PFHyjQdEWQCCzjMiB26OWyYC8y197168" target="_blank" rel="noopener">reportedly</a> set up near displays of the Nativity on the first floor of the Iowa Capitol. The display showed the idol Baphomet holding a pentacle surrounded by candles.
Governor Kim Reynolds (R-IA) encouraged residents to counter the &#8220;objectionable&#8221; display with more speech.
“Like many Iowans, I find the Satanic Temple’s display in the Capitol absolutely objectionable. In a free society, the best response to objectionable speech is more speech, and I encourage all those of faith to join me today in praying over the Capitol and recognizing the nativity scene that will be on display – the true reason for the season,” Reynolds <a href="https://governor.iowa.gov/press-release/2023-12-12/gov-reynolds-statement-satanic-temple-display" target="_blank" rel="noopener">said</a> Tuesday in a statement.

US-religion-SATAN

Man Charged For Beheading Satanic Display In Iowa State Capitol

Man Charged Who Beheaded Satanic Display In Iowa State Capitol

Christianity

Freedom of Religion

Iowa

Kim Reynolds

Religion

Religious Freedom

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A casual observer could be forgiven for thinking that times have never been worse for religious liberty in America. Over the last few years, headlines have blared alarmist rhetoric such as “<a href="https://spectator.org/religious-liberty-under-threat-at-home-and-abroad/" target="_blank" rel="noopener">Religious Liberty Under Threat, at Home and Abroad</a>” or “<a href="https://www.washingtontimes.com/news/2020/dec/2/freedom-of-religion-is-as-threatened-today-as-it-w/#:~:text=Recent%20events%20have%20demonstrated%20that%20the%20free%20exercise,personal%20liberty%20in%20the%20name%20of%20public%20safety." target="_blank" rel="noopener">Freedom of religion is as threatened today as it was in 1791.</a>” Anyone who has donated a dollar to a conservative cause is likely to have received a flood of fundraising emails suggesting that religious freedom will disappear if they do not donate to one organization or another. 
It is easy to understand why someone may think religious liberty is headed in the wrong direction without doing further research. Fortunately, there is much more to the story. While there is still improvement to be made, and it remains worthwhile to support legitimate religious liberty organizations, we are closer to entering a golden age of religious liberty law than we are to seeing that right extinguished. Establishment Clause jurisprudence is a worthy case study. 
One bad apple can spoil the whole bunch, and a sour decision on Lemon v. Kurtzman spoiled establishment clause cases for half a century, until Kennedy v. Bremerton brought a fair return to Establishment Clause jurisprudence.
In <a href="https://www.oyez.org/cases/1970/89" target="_blank" rel="noopener">Lemon v. Kurtzman</a>, the Supreme Court held that issuing financial relief to religious schools constituted an impermissible “establishment” of religion.
For the next 50 years, the Lemon test was the law of the land. Under that test, a law must 1) have a secular purpose 2) not advance nor inhibit religion 3) not cause excessive entanglement of government and religion. A corollary to this rule was that any action which seemed to “endorse” religion was also unconstitutional. Lemon was so ambiguous that some government entities were deterred from offering any benefits — including those available to every other citizen — to religious people. Lemon also empowered anti-religious zealots to threaten or even sue any government that so much as allowed a Rabbi to <a href="https://www.oyez.org/cases/1988/87-2050" target="_blank" rel="noopener">light a Menorah in a public park</a>, or <a href="https://www.becketlaw.org/case/gagliardi/#:~:text=The%20lawsuit%20made%20the%20bizarre,was%20driven%20by%20anti%2DSemitism." target="_blank" rel="noopener">grant a zoning permit</a> to a synagogue.
The Court slowly but surely endeavored to ameliorate the harm of Lemon. Over the last few decades, the Supreme Court has repeatedly declined to apply Lemon in many cases where it seemed to be the governing law. For example, Lemon was interpreted to not apply in cases involving <a href="https://www.oyez.org/cases/2013/12-696" target="_blank" rel="noopener">legislative prayer</a>, <a href="https://www.oyez.org/cases/2018/17-1717" target="_blank" rel="noopener">public displays of religious objects</a>, and the use of <a href="https://supreme.justia.com/cases/federal/us/508/384/" target="_blank" rel="noopener">public school facilities for religious activities</a> after school hours. Unfortunately, because the court never explicitly stated that Lemon was reversed, lower courts continued to apply its strict rule.
While religious litigants were very likely to win at the Supreme Court, the vast majority of cases never reach the Supreme Court. Religious Americans were left at the mercy of lower court judges, many of whom continued to apply Lemon in a merciless manner and fell influence to rampant, anti-religious sentiment. It is unknown how many religious Americans simply gave up when a city told them that Lemon prevented it from allowing them to exercise their religion.
Lemon was finally laid to rest in October 2021 with <a href="https://www.supremecourt.gov/opinions/21pdf/21-418_i425.pdf" target="_blank" rel="noopener">Kennedy v. Bremerton</a>, a landmark case that held that the <a href="https://www.dailywire.com/news/coach-fired-for-praying-at-football-game-reinstated-to-old-role-gets-nearly-2-million-settlement" target="_blank" rel="noopener">football coach</a> of a public high school did not violate the Establishment Clause by engaging in silent prayer after games. The case garnered significant media attention, with many claiming that Kennedy was somehow indoctrinating the faithful players who decided to pray with him. 
Really, in an age where young people are consistently rejecting traditional values for the instant gratification provided by our digital-driven world, the faith demonstrated by Coach Kennedy and those who chose to pray with him, should have been met with respect. Coach Kennedy’s prayers took the form of a silent kneel on the 50-yard line after the completion of a game. The players who joined him weren’t necessarily even praying to the same God, but taking time after a game to express their gratitude in a powerful display of unity and faith.
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In its decision on Kennedy v. Bremerton, the Supreme Court affirmed that Lemon’s “ahistorical, atextual” approach had long been dead, although it had not yet explicitly stated so. Nevertheless, the Court’s delay in stating the fall of Lemon, and lack of clarity from Establishment Clause cases leading up to it, caused unnecessary suffering for religious communities. Although Kennedy eventually won his case, he was initially fired from coaching the team he loved, suffered public ridicule, and had his faith questioned in front of the entire nation.
In <a href="https://www.becketlaw.org/case/gagliardi/#:~:text=The%20lawsuit%20made%20the%20bizarre,was%20driven%20by%20anti%2DSemitism." target="_blank" rel="noopener">Gagliardi v. The City of Boca Raton Florida,</a> Lemon was invoked to delay Jewish residents from building a synagogue. After years of delay and deprivation from their access to worship, the synagogue finally won in Court. The decision in Kennedy ensures that anti-religious reactionaries will no longer be able to invoke Lemon to strip sincere religious communities of their rights and dignity.
In Kennedy’s wake, the Court instructed that, going forward, Establishment Clause cases would be decided by “reference to historical practices and understanding.” Although exactly what will come from the new precedent has yet to be decided, American history, from its very founding, is rooted in religious freedom and recognizing pluralism, so it will be significantly better than Lemon. Lower courts will no longer be able to force religious litigants to forgo their convictions in the name of the Lemon test.
With Lemon officially gone in Kennedy’s wake, Establishment Clause jurisprudence has gone from sour to sweet. We should continue to fight to fully protect religious freedom, but we should also celebrate and acknowledge how much progress has been made. Instead of letting headlines of standout cases drive us to hysteria, we should let them galvanize us into action.
* * *
Bella Brannon is a Junior at UCLA studying Public Affairs, Religion, and Digital Humanities. She is the Editor-In-Chief of Ha’Am, researched bias in artificial intelligence with the School of Technology Law and Policy, and spent the summer interning with the Jewish Coalition for Religious Liberty.
The views expressed int his piece are those of the author and do not necessarily represent those of The Daily Wire.

Christians Gather At Supreme Court To Pray As Bremerton Case Is Heard

Why Establishment Clause Jurisprudence Is Moving From Sour To Sweet

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A Vermont Christian school that pulled out of a basketball game over a trans-identifying male player is suing the state for barring it from state tournaments as well as a state tuition program.
Mid Vermont Christian School in Hartford <a href="https://adflegal.org/press-release/vermont-expels-christian-school-tuition-program-sports-league" target="_blank" rel="noopener">filed</a> a federal lawsuit against the state in Burlington on Tuesday, alleging that the Vermont Agency of Education committed religious discrimination when it refused to designate the school as an approved independent school.
&#8220;Mid Vermont Christian and its students are being irreparably harmed by being denied participation in the Town Tuitioning and Dual Enrollment Programs and middle school and high school athletics,&#8221; the lawsuit <a href="https://adflegal-live-drupal-files-delivery.s3.amazonaws.com/2023-11/Mid-Vermont-Christian-School-v-Bouchey-2023-11-21-Complaint.pdf" target="_blank" rel="noopener">states</a>.
&#8220;This civil rights action seeks to protect a Christian school and its students and parents from unconstitutional religious discrimination and hostility,&#8221; the complaint <a href="https://www.foxnews.com/sports/christian-school-suing-officials-barred-events-forfeiting-game-trans-player" target="_blank" rel="noopener">reads</a>.
Back in February, Mid Vermont Christian forfeited a girls basketball playoff game, saying a trans-identifying male player on the opposing team jeopardized “the fairness of the game and the safety of our players.”
The opposing team from Long Trail High School automatically <a href="https://www.foxnews.com/sports/christian-school-suing-officials-barred-events-forfeiting-game-trans-player" target="_blank" rel="noopener">won</a> the game.
The next month, the body that governs school sports, the executive council of the Vermont Principals’ Association, <a href="https://www.masslive.com/news/2023/11/christian-school-that-objected-to-transgender-athletes-sues-vt-after-its-banned-from-competition.html" target="_blank" rel="noopener">banned</a> the Christian school from future tournaments. The council ruled the school had violated the council’s policies on race, gender and disability awareness.
Meanwhile, the Vermont State Board of Education <a href="https://www.masslive.com/news/2023/11/christian-school-that-objected-to-transgender-athletes-sues-vt-after-its-banned-from-competition.html" target="_blank" rel="noopener">requires</a> independent schools to provide the board with a nondiscrimination statement and post the statement on their websites. If the board does not approve a school, that school may not participate in the state&#8217;s town tuition program, which funds private school tuition for students in areas without a public school.
&#8220;The State is entitled to its own views, but it is not entitled, nor is it constitutional, to force private, religious schools across the state to follow that orthodoxy as a condition to participating in Vermont&#8217;s tuitioning program and the State&#8217;s athletic association,&#8221; the school&#8217;s lawsuit says.
The school&#8217;s girls basketball coach, who has coached the team for the last 10 years, said he could not have imagined telling his daughter she could not play sports due to her religious views.
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&#8220;No one, including our student athletes, should have opportunities taken away from them because of their religious beliefs,&#8221; coach Chris Goodwin <a href="https://www.foxnews.com/sports/christian-school-suing-officials-barred-events-forfeiting-game-trans-player" target="_blank" rel="noopener">told</a> Fox News.
The lawsuit was filed by the Alliance Defending Freedom (ADF).
&#8220;Vermont has repeatedly discriminated against Christian schools and their families for following their religious beliefs,&#8221; ADF senior counsel Ryan Tucker said.
&#8220;Put simply, Mid Vermont Christian School believes that boys are boys and girls are girls. They have been punished for this belief. No school or parent should have to change their beliefs to participate in athletics or a state tuitioning program,&#8221; Tucker said.

Syracuse v Villanova

Christian School That Protested Trans-Identifying Student Sues State

Gender

Religious Liberty

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A friend of mine and her family live near Lebanon, Connecticut, a small, rural town in the southeastern corner of the state. She recently contacted me, sharing her concern over a new club for young learners at her local elementary school. The name of the club – and this is not a belated Halloween joke – is “<a href="https://www.ctinsider.com/connecticut/article/after-school-satan-club-lebanon-ct-18483405.php" target="_blank" rel="noopener">After School Satan Club</a>.” 
 
Yes, Satanists are running a club at an elementary school. In fact, they advertise it on a flyer designed with cute colored pencils. While the club is not “approved or sponsored by the school district,” the first meeting is set for December 1, 2023. 
The middle of the flyer contains this disclaimer:
<blockquote>The Satanic Temple is a non-theistic religion that views Satan as a literary figure who represents a metaphorical construct of rejecting tyranny and championing the human mind and spirit. After School Satan Club does not attempt to convert children to any religion. Instead, The Satanic Temple supports children to think for themselves.</blockquote>
<div class="image"><img decoding="async" loading="lazy" class="alignnone size-large wp-image-655827" src="https://dw-wp-production.imgix.net/2023/11/image-2-461x576.png" alt="" width="461" height="576" srcset="https://dw-wp-production.imgix.net/2023/11/image-2-461x576.png 461w, https://dw-wp-production.imgix.net/2023/11/image-2-240x300.png 240w, https://dw-wp-production.imgix.net/2023/11/image-2.png 540w" sizes="(max-width: 461px) 100vw, 461px" /></div>
Sounds like the sort of nonsense we should expect from the father of lies. A little more digging around, however, reveals that a larger organization is behind the new club, <a href="https://thesatanictemple.com/" target="_blank" rel="noopener">The Satanic Temple</a>. And while the title of the organization is foreboding, it appears to be a group dedicated to promoting a leftist agenda — unique only in that it has adopted the prince of darkness as its mascot.
Those upset with the Supreme Court’s decision to overturn Roe v. Wade, for example, will be pleased to know that The Satanic Temple has <a href="https://thesatanictemple.com/" target="_blank" rel="noopener">petitioned</a> the state of Texas to allow their members to undergo voluntary abortions as part of a religious ritual. 
And since Justice Samuel Alito was the primary author of the Court’s majority opinion in Dobbs v. Jackson Women’s Health Organization, members can also send in donations to the Temple’s fundraiser for the “Samuel Alito’s Mom’s Abortion Clinic.” How nice.
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In addition to shilling for Big Abortion, The Satanic Temple is also dedicated to going after those children who&#8217;ve escaped the womb and actually succeeded in being born. They do it by targeting those schools that allow Bible study groups to meet after school.
Wherever there&#8217;s a Bible study club on school grounds, they want a Satan club.
“The After School Satan Club does not believe in introducing religion into public schools and will only open a club if other religious groups are operating on campus,” the group <a href="https://thesatanictemple.com/pages/after-school-satan" target="_blank" rel="noopener">explains</a>.
So far they’ve been successful in setting up after school clubs in rural elementary schools in <a href="https://www.wavy.com/news/local-news/after-school-satan-club-to-hold-1st-meeting-at-chesapeake-primary-school/" target="_blank" rel="noopener">Virginia</a> and <a href="https://thehill.com/homenews/state-watch/3981851-federal-judge-rules-pennsylvania-school-district-must-allow-after-school-satan-club/" target="_blank" rel="noopener">Pennsylvania</a>. The one in Virginia was even <a href="https://www.dailywire.com/news/virginia-democrat-pushed-after-school-satan-club-and-has-a-fixation-on-the-demonic" target="_blank" rel="noopener">promoted by a Democrat</a> candidate for office, The Daily Wire reported last month.
Like many other schools across the country, Lebanon’s elementary school recently authorized a “<a href="https://www.cefonline.com/ministries/goodnewsclub/" target="_blank" rel="noopener">Good News Club</a>” to hold after school meetings. Good News Club, a ministry of Child Evangelism Fellowship, is a weekly interdenominational Christian program for 5- to 12-year-old children featuring a Bible lesson, songs, memory verses, and games.
In 2001, the Supreme Court handed the organization a major victory, holding that the club was entitled to the same access as other groups to provide after-school programs promoting &#8220;moral and character development&#8221; to elementary school students in Milford, New York. In the <a href="https://www.law.cornell.edu/supct/pdf/99-2036P.ZO" target="_blank" rel="noopener">words</a> of Justice Clarence Thomas: “When Milford denied the Good News Club access to the school’s limited public forum on the ground that the Club was religious in nature, it discriminated against the Club because of its religious viewpoint in violation of the Free Speech Clause of the First Amendment.” 
 
Last weekend, the superintendent of Lebanon public schools wrote to parents explaining that “by opening its facilities to outside groups offering non-curricular activities, the District legally must allow access by various groups without regard to their religious, political, or philosophical perspectives, as long as the organizations comply with the view-point neutral criteria set forth in Board policies.” 
 
But must it? 
 
The Lebanon School Board <a href="https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/494208/1007_-_Use_of_School_Facilities.pdf">policy</a>, consistent with Connecticut <a href="https://law.justia.com/codes/connecticut/2020/title-10/chapter-170/section-10-239/" target="_blank" rel="noopener">law</a>, permits “the use of any school facility for nonprofit educational or community purposes.” There is nothing “educational” about the Satanic Temple&#8217;s farce of an after school club. It is tailor-made to mock the principles of the First Amendment by targeting schools where religious clubs have been established. This is a strong reason to deny use of school facilities, but don’t bet on the school board doing so. They are certainly aware that when a school board in Pennsylvania denied the club access, they were hauled into court by the ACLU, the ACLU of Pennsylvania and Dechert LLP on behalf of the Temple.
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Of the 336 pre-K to 4th grade students attending Lebanon Elementary School, the parents of <a href="https://www.ctinsider.com/connecticut/article/after-school-satan-club-lebanon-ct-18483405.php" target="_blank" rel="noopener">nine</a> children have given them permission to join the after school club for its inaugural meeting on December 1. That&#8217;s a very small proportion, but let&#8217;s be clear about what is happening here.
Those nine children face the prospect of indoctrination by pro-abortion, gender ideology fanatics who, despite their invocation of the ultimate symbol of evil, enjoy the support of powerful lobbyists friendly with the current administration. Which is headed by someone who tells us he is a devout Catholic. The Satanic Temple may not be Devil-worshipers, but make no mistake about it: their beliefs, which on key issues align closely with those of progressives claiming to be Christians, are truly diabolical.
Andrea Picciotti-Bayer is director of the <a href="https://conscience-project.org/" target="_blank" rel="noopener">Conscience Project.</a>
The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.

Empty Black Board in Classroom

Why School Boards Should Reject ‘Satan Clubs’ In Elementary Schools

Connecticut

Education

School Boards

Schools

House Speaker <a href="https://www.dailywire.com/topic/mike-johnson" target="_blank" rel="noopener">Mike Johnson</a> (R-LA) called the separation of church and state a &#8220;misnomer&#8221; when CNBC co-anchor Andrew Ross Sorkin attempted to corner him about kneeling and praying on the floor of Congress earlier this year.
&#8220;The separation of church and state is a misnomer —people misunderstand it,&#8221; Johnson said during an interview on &#8220;Squawk Box.&#8221;
&#8220;Of course, it comes from a phrase that was in a letter that [Thomas] Jefferson wrote — it&#8217;s not in the Constitution,&#8221; he added.
Johnson referred to Thomas Jefferson&#8217;s 1802 <a href="https://www.loc.gov/loc/lcib/9806/danpre.html" target="_blank" rel="noopener">letter</a> to the Danbury Baptist Association of Connecticut when Jefferson served as the third President of the United States.
&#8220;What he was explaining is they did not want the government to encroach upon the church, not that they didn&#8217;t want principles of faith to have influence on our public life is exactly the opposite,&#8221; Johnson said. &#8220;It&#8217;s exactly the opposite.&#8221;
He then referenced <a href="https://virginiahistory.org/learn/george-washingtons-farewell-address#:~:text=%E2%80%9COf%20all%20the%20dispositions%20and,men%20and%20citizens...." target="_blank" rel="noopener">George Washington&#8217;s Farewell Address</a>, delivered in 1796, which stated, &#8220;Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.&#8221;
Johnson also mentioned John Adams&#8217; <a href="https://www.johnadamsacademy.org/apps/pages/index.jsp?uREC_ID=2003858&amp;type=d&amp;pREC_ID=2094472#_ftn1" target="_blank" rel="noopener">letter</a> to the Massachusetts Militia in 1798, which read, &#8220;Our constitution is made only for a moral and religious people. It is wholly inadequate for the government of any other.&#8221;
&#8220;They knew that it would be important to maintain our system,&#8221; Johnson said. &#8220;And that&#8217;s why I think we need more of that &#8212; not an establishment of any national religion, but we need everybody&#8217;s vibrant expression of faith because it&#8217;s such an important part of who we are as a nation.&#8221;
Johnson <a href="https://www.dailywire.com/news/i-make-no-apologies-new-house-speaker-says-the-bible-is-his-worldview" target="_blank" rel="noopener">received</a> unanimous Republican support after three weeks of chaos — and three other nominees for the position — and was elected on October 25 to replace ousted House Speaker Kevin McCarthy (R-CA), becoming second in line to the presidency.
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During his first speech as speaker, Johnson told every other member of Congress that he believed God had called them all to use their gifts to serve the American people.
But just before the newly minted House Speaker secured the gavel, Rep. Greg Steube (R-FL) posted a photo of Johnson with a small cadre of House members praying for the Speaker&#8217;s race back in January.
In the CNBC interview, Johnson pointed to the First Amendment when asked about expressing his faith on the House floor after being sworn in.
&#8220;Faith — our deep religious heritage and tradition is a big part of what it means to be an American,&#8221; Johnson said. &#8220;When the founders set the system up, they wanted a vibrant expression of faith in the public square because they believed that a general moral consensus and virtue was necessary to maintain this grand experiment and self-governance.&#8221;
&#8220;So we created a government of, by, and for the people,&#8221; he added. &#8220;We don&#8217;t have a king in charge, we don&#8217;t have a middleman — so we&#8217;ve got to keep morality amongst us so that we have accountability.&#8221;
Johnson worked as a senior lawyer for the Alliance Defense Fund, focusing on religious freedom issues in schools, government, and other public spaces before he entered Congress.
His faith plays a significant role in his political decision-making — so much so that <a href="https://www.nytimes.com/2023/11/01/opinion/mike-johnson-christian-nationalism-speaker.html" target="_blank" rel="noopener">The New York Times</a> seethed over him becoming the first speaker of the House &#8220;who can be fairly described as a Christian nationalist.&#8221;
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Lots of misleading headlines. Take a look at what I actually said here: <a href="https://t.co/Vw3AHzoRvT">pic.twitter.com/Vw3AHzoRvT</a>
&mdash; Speaker Mike Johnson (@SpeakerJohnson) <a href="https://twitter.com/SpeakerJohnson/status/1724809472529633434?ref_src=twsrc%5Etfw">November 15, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Virginia Kruta contributed to this report.

House Elects Mike Johnson Of Louisiana As Speaker

CNBC Anchor Tries To Corner Mike Johnson On Church And State, Gets A History Lesson Instead

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Mike Johnson

Politics

U.S. House of Representatives

Over the summer, the U.S. Supreme Court delivered a <a href="https://www.dailywire.com/news/supreme-court-sides-with-christian-graphic-designer-who-refused-to-work-on-same-sex-weddings" target="_blank" rel="noopener">landmark victory</a> for free speech in <a href="https://adflegal.org/case/303-creative-v-elenis?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">303 Creative v. Elenis</a>. The court reaffirmed the bedrock First Amendment principle that the government may not compel Americans to speak a message that violates their beliefs. That freedom protects everyone, and all views — those that we like and those that we loathe.
But it’s one thing to acknowledge these truisms, it’s another thing to apply them. That is now the responsibility of lower courts across the country. And it’s our responsibility, as citizens, to safeguard this cherished freedom.
In 303 Creative, the Supreme Court held that Colorado could not misuse a law to compel graphic designer Lorie Smith to design custom websites that celebrate a view of marriage that violates her beliefs. That decision rightly resolved a critical legal question that had been percolating in lower courts for years.
But many artists before Lorie endured a different outcome. And other artists are still waiting for courts to apply 303 Creative to prevent state or local governments from compelling their speech.
Ten years ago, the <a href="https://adfmedia.org/press-release/nm-supreme-court-price-citizenship-compromising-your-beliefs?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">New Mexico Supreme Court</a> decided that a state law required photographer Elaine Huguenin to create photographs that contradicted her religious beliefs. That decision forced Elaine to close her business to avoid betraying her faith. Adding insult to injury, one New Mexico Supreme Court justice infamously told Elaine that sacrificing her beliefs was “the price of citizenship” in America.
Around that same time, cake artist Jack Phillips first drew the ire of Colorado officials. He was asked to create a custom wedding cake celebrating a same-sex wedding. Jack declined because that would have forced him to express a message about marriage he does not believe. Colorado sued him, and his case went to the U.S. Supreme Court, where justices <a href="https://adfmedia.org/press-release/us-supreme-court-rules-favor-colorado-cake-artist?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">criticized</a> state officials for demonstrating “a clear and impermissible hostility towards” Jack’s faith.
Undeterred, just a few days later, Colorado took legal action against Jack again. But the state quickly settled after evidence revealed Colorado’s ongoing hostility against Jack. Now, he’s in the midst of his third related lawsuit, which the <a href="https://adfmedia.org/press-release/colorado-supreme-court-takes-jack-phillips-free-speech-case?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">Colorado Supreme Court will hear next year</a> .
Throughout the country, artists whose businesses and creations are inextricably connected to and guided by their faith found themselves bearing the weight of government coercion.
<a href="https://adfmedia.org/press-release/floral-artist-asks-us-supreme-court-protect-her-freedom?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">Barronelle Stutzman</a>, a great-grandmother and custom floral artist from Washington, spent nearly 10 years standing for her constitutional rights. She eventually settled her case, which allowed her to retire with her conscience intact. Blaine Adamson, a promotional print shop owner, had to defend his freedom to design custom t-shirts consistent with his beliefs up to Kentucky’s Supreme Court. Along the way, he received vitriolic emails and calls. Large customers pulled their business, too. 
Many other artists — including <a href="https://adflegal.org/client/brush-nib-studio?__cf_chl_tk=lMuNoPKCpfzqa5op0eKt5GzOSgMMzgsYQ4HThjGUz1o-1698175632-0-gaNycGzNFCU?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">calligraphers</a>, <a href="https://adflegal.org/case/telescope-media-group-v-lucero?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">videographers</a>, and <a href="https://adflegal.org/case/amy-lynn-photography-studio-v-city-madison?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">photographers</a> — also took a stand to defend their freedom to create art reflecting their deeply held beliefs.
These artists have three things in common. First, they serve all people, including those who identify as LGBT. Their decisions to accept or decline a project always depend on the message they’re being asked to express, not on the identity of the person making the request.
Second, each artist has faced severe penalties for violating the law — devastating financial costs, mandatory educational programs, and jail time for declining to say something they don’t believe.
And third, each of them simply wants the freedom to create art that is consistent with their faith. Put differently, they desire the freedom to decide for themselves what messages to express through their art.
The 303 Creative decision assures them — and all Americans — of this right. But the implications of this ruling now come front and center in <a href="https://adfmedia.org/press-release/after-supreme-courts-landmark-free-speech-ruling-photographers-ky-ny-seek-also-create?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">two separate cases</a> that are currently on appeal.
These cases involve <a href="https://adfmedialegalfiles.blob.core.windows.net/files/ChelseyNelsonOnePageSummary.pdf?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">Chelsey Nelson</a> and <a href="https://adfmedialegalfiles.blob.core.windows.net/files/CarpenterOnePageSummary.pdf?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">Emilee Carpenter</a> who create photographs and write blogs that celebrate their belief that marriage is the union of one man and one woman. Chelsey and Emilee are challenging local laws that would compel them to promote different views of marriage.
Both have asked their respective appellate courts to apply the same First Amendment protections affirmed in 303 Creative to their cases.
Their arguments go like this. Photographs and blogs are speech; they communicate ides. Chelsey and Emilee gladly serve people of all backgrounds, including those who identify as LGBT. Like most artists, there are some messages they can’t create, regardless of who asks. And 303 Creative held that the government cannot compel an artist to say something that contradicts their beliefs. That’s a right that runs to the soul of what it means to be an American.
It’s a right so many have sacrificed so much to preserve for their fellow citizens. May our nation’s best judges recognize the worth of that sacrifice – not as “the price of citizenship,” but as its highest privilege.
Bryan Neihart is legal counsel with <a href="http://www.adflegal.org/?utm_source=dailywire&amp;utm_medium=oped" target="_blank" rel="noopener">Alliance Defending Freedom</a> (<a href="https://twitter.com/ADFLegal" target="_blank" rel="noopener">@ADFLegal</a>).
The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.

Supreme Court of the United States 303 Creative v Elenis

After Landmark SCOTUS Ruling On Free Speech, More Artists Ask For Help In The Fight

Alliance Defending Freedom (ADF)

Free Speech

A federal district court sided with a Michigan farmer on Monday, ruling that he is free to participate in a city-run farmer&#8217;s market after he was booted over his Catholic views on marriage.
Steve Tennes, who owns Country Mill Farms, was banned in 2017 from the East Lansing farmer’s market by city officials after he posted on Facebook that he follows the Catholic Church&#8217;s teachings on marriage, which includes opposing same-sex weddings at his family&#8217;s orchard.
East Lansing officials reacted by using a &#8220;discretionary system of individual assessments&#8221; to ban Tennes and his farm from participating in the seasonal market, despite Tennes never receiving any complaints from customers, his legal team said.
Tennes and his farm sued the city of East Lansing in 2017.
On Monday, U.S. District Judge Paul Maloney <a href="https://adflegal.org/press-release/mi-farmer-free-continue-selling-apples-east-lansing-farmers-market?utm_source=twitter&amp;utm_medium=social" target="_blank" rel="noopener">ruled</a> that the city&#8217;s ban on Tennes &#8220;constituted a burden on plaintiffs&#8217; religious beliefs.&#8221;
Tennes and his farm “were forced to choose between following their religious beliefs and a government benefit for which they were otherwise qualified,” violating his right to exercise his religion freely, Maloney <a href="https://adflegal.org/sites/default/files/2023-08/Country-Mill-Farms-v-East-Lansing-2023-08-21-Ruling.pdf?utm_source=twitter&amp;utm_medium=social" target="_blank" rel="noopener">ruled</a>.
&#8220;The reason is simple: denying a person an equal share of the rights, benefits, and privileges enjoyed by other citizens because of her faith discourages religious activity,&#8221; the court said, quoting the 6th Circuit appeals court.
Tennes&#8217; farm is also 22 miles away from East Lansing, which his legal team noted is outside of the city&#8217;s jurisdiction.
In 2017 when Tennes first sued the city, the same judge issued a preliminary injunction, ordering the city to allow him to participate in the farmer&#8217;s market while his litigation proceeded.
He has not had any issues with his farm&#8217;s participation in the farmer&#8217;s market since then, his legal team said.
&#8220;He serves and welcomes everyone to his stand. No one is ever turned away,&#8221; attorney John Bursch <a href="https://www.cbsnews.com/detroit/news/fruit-grower-who-opposes-same-sex-marriage-wins-ruling-over-access-to-public-market-3/" target="_blank" rel="noopener">said</a> Tuesday.
Tennes was represented by Alliance Defending Freedom (ADF), a conservative legal group.
“Tennes and Country Mill Farms are grateful for the court’s decision protecting religious liberty,” <a href="https://adflegal.org/press-release/mi-farmer-free-continue-selling-apples-east-lansing-farmers-market?utm_source=twitter&amp;utm_medium=social" target="_blank" rel="noopener">said</a> ADF Senior Counsel Kate Anderson, who argued before the court for Tennes.
“At the same time, they are eager to mend fences with current city officials and get back to doing what Country Mill does best—as expressed in its mission statement: ‘glorifying God by facilitating family fun on the farm and feeding families,’” Anderson said.
Several high-profile cases dealing with business owners who opposed same-sex marriage on religious grounds have wound up at the Supreme Court in recent years.
In June, the Supreme Court struck down a Colorado law that would have punished a Christian graphic designer who declined to design a website for a same-sex wedding that violated her religious beliefs.
That case echoed another Supreme Court case that also came from Colorado.
In 2018, the Supreme Court ruled narrowly in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple. In that case, the court reversed the Colorado Civil Rights Commission’s decision against Jack Phillips, owner of Masterpiece Cakeshop, saying the state had failed to be neutral on religion.

Denver, Colorado, farmers market

Federal Court Sides With Catholic Farmer Booted From Farmer’s Market Over Traditional Marriage Views

Federal Court Sides With Catholic Farmer Booted From Farmer's Market Over Traditional Marriage Views

Freedom of Speech

Michigan

A <a href="https://www.dailywire.com/topic/pennsylvania">Pennsylvania</a> school district just revoked their previous approval for an <a href="https://www.dailywire.com/topic/satanic">After School Satan Club</a> to use their facilities following extensive public backlash.
The extracurricular club, which was being promoted for children ages 5 through 12, had originally been granted approval to meet in <a href="https://www.dailywire.com/topic/schools">public school</a> buildings in the Saucon Valley School District. This small suburban community is located about 60 miles north of Philadelphia in Northampton County, just outside Allentown. 
Saucon Valley school superintendent Jaime Vlasaty announced one Friday night that she was rescinding approval for the club to use school facilities, saying the club had failed to meet the requirements to use district facilities. 
Vlasaty also mentioned an anonymous voicemail which included threatening language and forced district campuses and after-school activities to shut down last Tuesday evening and all day Wednesday, per local news source <a href="https://www.lehighvalleylive.com/bethlehem/2023/02/after-chaos-threat-that-canceled-classes-after-school-satan-club-barred-from-schools.html">Lehigh Valley Live</a>.
“As a result of this violation, the educational programming and activities of the District has been significantly impacted and it has caused unequivocal disruption to the District’s daily operations,” Vlasaty said. “Our community has experienced chaos. Our students, staff and teachers have had to endure a threat to their safety and welfare. The gravity of feelings of instability, anxiety and fear have been profound.”
The school superintendent asked the community to calm down their “hateful” language in the wake of the controversy.
“Aside from my decision to rescind approval, I implore the Saucon Valley community to eliminate threatening, hateful and divisive language and behavior, and make a commitment in supporting our students and reinforcing the values of our community,” she said. 
Vlasary continued: “I firmly believe that we can create a safe and inclusive environment within our District where everyone is respected and valued no matter their opinions and beliefs, but we must first model this within our homes, our community and with one another.”
The district&#8217;s decision to allow the After School Satan Club to use the middle school was shared with parents last Monday and quickly inspired heated debate from both sides. District representatives argued that the club was not affiliated with the school and should therefore be allowed to use the facilities. 
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
After School Satan Club is coming to Hellertown, PA! Saucon Valley Middle School will host the first ASSC open to both elementary and middle schoolers! 
To register your student for SVMS&#39;s ASSC, please visit: <a href="https://t.co/SZsZOu1HYB">https://t.co/SZsZOu1HYB</a> 
For more, visit: <a href="https://t.co/FVCuEDTXP1">https://t.co/FVCuEDTXP1</a> <a href="https://t.co/xcDA0H6fBh">pic.twitter.com/xcDA0H6fBh</a>
&mdash; The Satanic Temple (@satanic_temple_) <a href="https://twitter.com/satanic_temple_/status/1628801684209016832?ref_src=twsrc%5Etfw">February 23, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Parents quickly rallied, organizing a prayer service to be held outside the district Middle School on March 8, the day of the club’s first meeting. 
“It’s by no means a protest,” organizer Marjulee Colon, a former Republican candidate for Lehigh County’s District 4 commissioner seat, told <a href="https://www.mcall.com/2023/02/23/backlash-to-after-school-satan-club-prompted-school-closures-in-saucon-valley-now-the-district-is-reconsidering-the-club/">The Morning Call</a>. “My goal is to have the opportunity to really flood that area with the presence of our God, who is love and grace and mercy.”
<a class="c-link" href="https://onelink.to/dwapp" target="_blank" rel="noopener noreferrer" data-stringify-link="https://onelink.to/dwapp" data-sk="tooltip_parent">CLICK HERE TO GET THE DAILY WIRE APP</a>
The parent who initially requested that the Satanic Temple should create the club in the Saucon Valley school district said they understood the backlash because they feel the same way about Christians.
“I can sympathize with it because I’m turned off by their religion,” the parent, who insisted on remaining anonymous, said. “I know what it’s like to be in their shoes.”
June Everett, national campaign director of the After School Satan Club, told The Morning Call that The Satanic Temple promotes freedom, science, justice and compassion and doesn’t promote worshiping the devil. 
“We are disappointed and are considering our options,” Everett said in a statement after the club’s approval was revoked.

PA School District Revokes Approval For After School Satan Club Following ‘Chaos’ Of Public Outcry

PA School District Revokes Approval For After School Satan Club Following 'Chaos' Of Public Outcry 

Pennsylvania

Public Schools

Yeshiva University has suspended all student club activities after the Supreme Court ruled against its request to overturn the recognition of an LGBTQ student organization.
The announcement was shared in an email to students on Friday that indicated the school would “hold off on all undergraduate club activities while it immediately takes steps to follow the roadmap provided by the U.S. Supreme Court to protect YU&#8217;s religious freedom.”
The change followed a 5-4 ruling on Wednesday that lifted a hold on a court order that <a href="https://www.dailywire.com/news/no-religious-group-is-safe-from-government-control-scotus-makes-yeshiva-university-return-to-ny-court-forces-acceptance-of-lgbtq-club" target="_blank" rel="noopener">required</a> Yeshiva University to recognize the YU Pride Alliance group.
“The stakes couldn’t be higher, not just for Yeshiva but for the country,” Mark Rienzi, president of the Becket Fund that is representing Yeshiva in the case, warned. “That’s why people of many different faiths filed briefs asking the court to protect Yeshiva. If Yeshiva can’t even make religious decisions on its own campus, then no religious group is safe from government control.”
Following Wednesday&#8217;s ruling, Becket Vice President Eric Baxter released a statement regarding the next steps in the case.
“Today the Supreme Court instructed Yeshiva University to make an additional effort to get the New York courts to grant them emergency relief and made clear that if that protection is not provided, they can return to the Supreme Court to seek its protection again,&#8221; Baxter said in a statement. “We will follow the Court’s instruction.”
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Today&#39;s <a href="https://twitter.com/hashtag/SCOTUS?src=hash&amp;ref_src=twsrc%5Etfw">#SCOTUS</a> order in YU Pride Alliance v. Yeshiva University can be found here: <a href="https://t.co/Pss6v41rqI">https://t.co/Pss6v41rqI</a>
Statement from <a href="https://twitter.com/esbax?ref_src=twsrc%5Etfw">@esbax</a> <a href="https://t.co/ujkJ0zXdix">pic.twitter.com/ujkJ0zXdix</a>
&mdash; BECKET (@BECKETlaw) <a href="https://twitter.com/BECKETlaw/status/1570175012178636801?ref_src=twsrc%5Etfw">September 14, 2022</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
The Supreme Court <a href="https://www.dailywire.com/news/supreme-court-sides-with-yeshiva-university-in-lgbtq-club-case" target="_blank" rel="noopener">ruled</a> on September 9 to temporarily block a New York judge’s order to force the school to recognize the YU Pride Alliance until the college’s religious freedom case is completed.
Justice Sonia Sotomayer signed the order that included no dissents in the ruling. Sotomayer signed the ruling as she is the circuit justice for the Second District that includes New York.
“Yeshiva shouldn’t have been forced to go all the way to the Supreme Court to receive such a commonsense ruling in favor of its First Amendment rights,” Baxter said in a <a href="https://www.dailywire.com/news/supreme-court-sides-with-yeshiva-university-in-lgbtq-club-case" target="_blank" rel="noopener">statement</a> sent to The Daily Wire following the ruling.
“We are grateful that Justice Sotomayor stepped in to protect Yeshiva’s religious liberty in this case,” he added.
Just days later, the Supreme Court&#8217;s decision is now requiring Yeshiva University to pursue the matter in the state&#8217;s courts first, with the hold lifted effective immediately. The latest effort by the Jewish Orthodox school will keep any student organization from operating, including the pride group, until a legal decision can be made in the case.
<div class="article-body" data-qa="article-body">
Katie Rosenfeld, a lawyer for the pride group, <a href="https://www.washingtonpost.com/nation/2022/09/17/yeshiva-university-lgbtq-club/" target="_blank" rel="noopener">told</a> the Washington Post that the school&#8217;s decision is discriminatory, calling it “a throwback to 50 years ago when the city of Jackson, Miss., closed all public swimming pools rather than comply with court orders to desegregate.”
“The Pride Alliance seeks a safe space on campus, nothing more,” she said in an email Saturday. “By shutting down all club activities, the YU administration attempts to divide the student body, and pit students against their LGBT peers. We are confident that YU students will see through this shameful tactic and stand together in community.”
</div>

Yeshiva University

Yeshiva University Suspends All Student Club Activities After SCOTUS Sides With LGBTQ Club

Jewish

LGBTQ

The <a href="https://www.dailywire.com/topic/supreme-court" target="_blank" rel="noopener">Supreme Court</a> ruled on Friday to temporarily block a New York judge&#8217;s order to force Yeshiva University to recognize a club for <a href="https://www.dailywire.com/topic/lgbtq" target="_blank" rel="noopener">LGBTQ</a> students until the college&#8217;s religious freedom case is completed.
Justice Sonia Sotomayer signed the order that included no dissents in the Friday ruling. Sotomayer signed the ruling as she is the circuit justice for the Second District that includes New York.
&#8220;Yeshiva shouldn’t have been forced to go all the way to the Supreme Court to receive such a commonsense ruling in favor of its First Amendment rights,” Eric Baxter, vice president and senior counsel at Becket, said in a statement sent to The Daily Wire following the ruling.
&#8220;We are grateful that Justice Sotomayor stepped in to protect Yeshiva’s religious liberty in this case,&#8221; he added.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<a href="https://twitter.com/hashtag/BREAKING?src=hash&amp;ref_src=twsrc%5Etfw">#BREAKING</a>: Justice Sotomayor has just stayed a New York court ruling, protecting Yeshiva University from having to imminently violate the Torah values that form its religious identity. <a href="https://t.co/TTN9t1xNOt">https://t.co/TTN9t1xNOt</a>
&mdash; BECKET (@BECKETlaw) <a href="https://twitter.com/BECKETlaw/status/1568349590205890560?ref_src=twsrc%5Etfw">September 9, 2022</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Yeshiva University has been fighting to defend its religious identity in New York courts for more than a year. In YU Pride Alliance v. Yeshiva University, New York lower courts agreed with the plaintiffs to force Yeshiva to recognize an LGBTQ club on campus, even though this would violate Torah values that Yeshiva follows.
The emergency order from Sotomayor will allow the school to deny recognition to the group for now, though it may not be the court&#8217;s final decision on the matter.
&#8220;As a deeply religious Jewish university, Yeshiva cannot comply with that [state court] order because doing so would violate its sincere religious beliefs about how to form its undergraduate students in Torah values,&#8221; the university told the Supreme Court in its <a href="https://becketnewsite.s3.amazonaws.com/20220829145026/Yeshiva-Emergency-Application.pdf" target="_blank" rel="noopener">emergency appeal</a>.
Yeshiva University opened in 1886 and is considered among the oldest Orthodox Jewish colleges in America. The emergency appeal was filed on August 29 to challenge the &#8220;unprecedented intrusion&#8221; of Yeshiva University&#8217;s religious beliefs.
In the previous injunction by New York Supreme Court Justice Lynn Kotler, the ruling went against Yeshiva University.
“Even if the court were to adopt Yeshiva’s religious function test, the court would reach the same result,” Kotler’s <a href="https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=O/_PLUS_Xkp7sONQ57GN3x0db3A==" target="_blank" rel="noopener">ruling</a> stated.
“Plaintiffs’ counsel correctly characterizes defendants’ argument on this point: defendants want this court to find that Yeshiva is a religious corporation in the same manner an ordinary person would describe themselves as a religious person. There is no doubt that Yeshiva has an inherent and integral religious character which defines it and sets it apart from other schools and universities of higher education. However, Yeshiva must fit within the term ‘religious corporation’ as the legislature intended the term to mean in the [New York City Human Rights Law],&#8221; the ruling added.
The Yeshiva Pride Alliance&#8217;s attorneys argued the school should acknowledge the group.
&#8220;While Yeshiva University can espouse its Torah values without interference, it may not deny certain students access to the non-religious resources it offers the entire student community on the basis of sexual orientation,&#8221; the group <a href="https://forward.com/fast-forward/516652/yeshiva-university-lgbtq-group-responds-to-schools-emergency-scotus-petition/" target="_blank" rel="noopener">wrote</a> last month.

Supreme Court Sides With Yeshiva University In LGBTQ Club Case

New York

A federal judge in <a href="https://www.dailywire.com/topic/texas" target="_blank" rel="noopener">Texas</a> struck down a provision in the <a href="https://www.dailywire.com/topic/obamacare" target="_blank" rel="noopener">Affordable Care Act</a> that requires employers and insurers to cover <a href="https://www.dailywire.com/topic/hiv" target="_blank" rel="noopener">HIV</a> prevention drugs, ruling that the requirement opposes the religious freedom of some Christian-led companies.
Judge Reed O&#8217;Connor&#8217;s ruling on Wednesday could have far-reaching consequences for the act popularly known as Obamacare.
“Braidwood has shown that the PrEP mandate substantially burdens its religious exercise,” he <a href="https://www.documentcloud.org/documents/22276105-braidwood-v-hhs-opinion" target="_blank" rel="noopener">wrote</a>. &#8220;The burden thus shifts to Defendants to show that the PrEP mandate furthers a compelling governmental interest and is the least restrictive means of furthering that interest. Defendants have not carried that burden.&#8221;
The case, Braidwood Management Inc. et al. v. Becerra, included six individuals and two businesses that challenged the preventive care mandates under the Constitution and Religious Freedom Restoration Act.
The Religious Freedom Restoration Act prohibits any government agency from substantially burdening an individual’s religious practice. The plaintiffs argued that the coverage of the drug opposed their religious convictions as they did not desire to encourage same-sex behavior.
The drug targeted in the lawsuit is preexposure prophylaxis, popularly called PrEP. The drug was recommended by the Department of Health and Human Services in 2019 to help prevent HIV infection for those at high risk, forcing health insurance plans to cover it.
The drug reportedly reduces the risk of contracting HIV from sex by roughly 99% and from drug injection by about 74%. The drug is taken primarily by men who have sex with men, but also by heterosexual individuals who may be at high risk for the disease, <a href="https://www.cdc.gov/hiv/basics/prep.html" target="_blank" rel="noopener">according to</a> the Centers for Disease Control and Prevention (CDC). Survivors of sexual assaults are also sometimes prescribed PEP (postexposure prophylaxis).
O’Connor also stated in the ruling that the task force’s system for deciding which services should be fully covered under the Affordable Care Act was unconstitutional. The ruling opposed some additional preventive services covered under the U.S. Preventive Services Task Force, including colorectal and other cancer screenings, depression screenings, and hypertension screenings.
Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, told Roll Call that he expects the case will be appealed.
“Preventive services covered by private insurance plans without cost-sharing, such as HIV testing, hepatitis B and C testing, and PrEP, are all critical and well-established public health preventive services that must continue,” he said in a <a href="https://rollcall.com/2022/09/07/federal-judge-rules-hiv-drug-mandate-violates-religious-freedom/" target="_blank" rel="noopener">statement</a>. “To single out PrEP, which are FDA approved drugs that effectively prevent HIV, and conclude that its coverage violates the religious freedom of certain individuals, is plain wrong.”
The ruling follows a 7-2 Supreme Court ruling in June 2021 to <a href="https://www.dailywire.com/news/supreme-court-rejects-republican-ags-challenge-to-obamacare-over-lack-of-standing-to-sue" target="_blank" rel="noopener">reject</a> a challenge to the Affordable Care Act from Texas Attorney General Ken Paxton and 17 other Republican attorneys general.
The attorneys general argued against the constitutionality of the law’s individual mandate, its prohibition on lifetime benefit caps, and its guarantee of protection for individuals with pre-existing conditions.

HIV prevention drug

Federal Judge Rules Against Obamacare Coverage Of HIV Prevention Drugs

Health Care

Obamacare

Texas

The Christian flag flew above Boston&#8217;s City Hall briefly on Wednesday, with supporters joining in celebration and songs of praise.
The flag-raising comes after a Supreme Court ruled in favor of the move earlier this year.
&#8220;I do want to give the glory to God because God&#8217;s hand was in this from the very beginning,&#8221; conservative activist Harold Shurtleff, whose organization Camp Constitution was involved in the case, <a href="https://www.facebook.com/LibertyCounsel/videos/454046086612262/?__cft__%5B0%5D=AZWBtQG9T9ajOf6M59L8KEbbyjBzjjkrGysp2wABC9iKRb-aTp6IWFoQJByTKHLQX7ow8a1TuiwhhgOeKE5WbNOZ6dzmIN6VUv8k-yankgGTTXsyVrMa31TD4t1GAhVM-EC-DzvVXwj-nNIQVWHXed-nZs0AczbiKk1X49yguVZIEWNIGnJS4_IJkmxsXijlpgQ&amp;__tn__=%2CO%2CP-R" target="_blank" rel="noopener">said</a> at the flag-raising ceremony.
&#8220;We have a great Constitution and a wonderful First Amendment, but just like when it comes to muscle, if you don&#8217;t use it, then you get weak. When I got the rejection email from the city and it said &#8216;separation of church and state,&#8217; I knew we had a case,&#8221; he added.
Shurtleff and other supporters celebrated the moment, but the city of Boston is working on a new policy that could soon give the local government more power in deciding which flags are approved at City Hall. The Boston Herald <a href="https://www.bostonherald.com/2022/08/02/camp-constitution-christian-flag-to-fly-over-boston/" target="_blank" rel="noopener">reported</a> Tuesday that the city expects to propose a change to its flag policies following the Supreme Court case.
CBS News Boston <a href="https://www.cbsnews.com/boston/news/boston-city-hall-flag-christian-us-supreme-court-camp-constitution-harold-shurtleff/" target="_blank" rel="noopener">reported</a> that the proposal would push for any group that wants to fly a flag on City Hall Plaza will &#8220;now need either a proclamation from the mayor or a resolution from the council.&#8221;
The developments continue despite the Supreme Court&#8217;s 9-0 decision in May that ruled in favor of the Christian flag flying over Boston&#8217;s City Hall.
“We conclude that, on balance, Boston did not make the raising and flying of private groups’ flags a form of government speech. That means, in turn, that Boston’s refusal to let Shurtleff and Camp Constitution raise their flag based on its religious viewpoint ‘abridg[ed]’ their ‘freedom of speech,’” Supreme Court Justice Stephen Breyer wrote in the court’s <a href="https://www.scotusblog.com/wp-content/uploads/2022/05/20-1800.pdf">opinion</a>.
As The Daily Wire <a href="https://www.dailywire.com/news/boston-illegally-rejected-request-to-fly-christian-flag-supreme-court-rules" target="_blank" rel="noopener">reported</a>, the case emerged from a 2017 incident when the city denied the Camp Constitution&#8217;s request to raise the Christian flag outside Boston City Hall. The application followed the city&#8217;s custom of allowing groups to use one of the city&#8217;s three flag poles to fly an event, organization, or movement-specific flag for special occasions.
Between 2005 to 2017, the city flew about 50 different flags for nearly 300 activities and celebrations. Previously approved flags included those from communist governments such as China and Cuba and an LGBT-related pride flag.
After the court&#8217;s ruling, the Satanic Temple also made public its official request in a post on Twitter as part of “Satanic Appreciation Week” in May.
&#8220;Religious Liberty is a bedrock principle in a democracy, and Religious Liberty is dependent upon government viewpoint neutrality,” Lucien Greaves, co-founder of The Satanic Temple, said in a <a href="https://www.masslive.com/boston/2022/05/satanic-temple-requests-flag-raising-at-boston-city-hall-after-supreme-court-rules-city-violated-free-speech-rights-in-refusing-to-fly-christian-flag.html">statement</a> in May.
“When public officials are allowed to preference certain religious viewpoints over others, we do not have Religious Liberty, we have theocracy,” he added.

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Christian Flag Flies Over Boston City Hall After Supreme Court Ruling

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