DC Circuit's Nina Pillard Writes Ruling Upholding ACA Contraception Coverage

A three-judge panel of the D.C. Circuit today upheld the contraception coverage requirement of the Affordable Care Act as it applies to religious nonprofits. The unanimous opinion in Priests For Life v. HHS was written by Obama nominee Nina Pillard.

Like in Hobby Lobby, the attack was based on the Religious Freedom Restoration Act (RFRA), under which any law imposing a substantial burden on religious exercise can be sustained only if it is the least restrictive means of achieving a compelling government purpose. But unlike Hobby Lobby, this case involves religious nonprofits rather than for-profit corporations. The law does not exclude the employees of religious nonprofits from its protection, but it does allow an accommodation so the employees can get the coverage without their employers having to contract, arrange, or pay for it. Instead, the employers simply tell the insurer or the federal government of their objection, at which point the insurer must offer the coverage separately to employees who want it. But some religious nonprofits assert that even the accommodation violates their religious liberty.

In contrast to Justice Alito and his far right colleagues in Hobby Lobby, Pillard devotes significant attention to why the ACA contraception coverage requirement is so vitally important. She writes:

The contraceptive coverage requirement derives from the ACA's prioritization of preventive care, and from Congress' recognition that such care has often been modeled on men's health needs and thus left women underinsured. As discussed below, Congress included the Women's Health Amendment in the ACA to remedy the problem that women were paying significantly more out of pocket for preventive care and thus often failed to seek preventive services, including consultations, prescriptions, and procedures relating to contraception. The medical evidence prompting the contraceptive coverage requirement showed that even minor obstacles to obtaining contraception led to more unplanned and risky pregnancies, with attendant adverse effects on women and their families.

She then explains how the regulations don't impose a substantial burden on the employers' religious exercise. They have no role whatsoever in the provision of contraception that they oppose. In addition, it isn't the employer's use of the accommodation that triggers the women's right to coverage; their right was triggered by Congress when it passed the ACA. Pillard gets to the nub of this effort to use religious liberty as a sword to diminish the rights of others:

Religious objectors do not suffer substantial burdens under RFRA where the only harm to them is that they sincerely feel aggrieved by their inability to prevent what other people would do to fulfill regulatory objectives after they opt out. They have no RFRA right to be free from the unease, or even anguish, of knowing that third parties are legally privileged or obligated to act in ways their religion abhors.

This will not be the last word on the matter. The same issue is being heard in other courts around the country, and the final disposition will almost certainly be by the Supreme Court.

PFAW Foundation

Unpacking Hobby Lobby & Other SCOTUS Decisions: PFAW Member Telebriefing

Yesterday, People For the American Way members participated in a special telebriefing to discuss the Supreme Court term that wrapped up this Monday and to unpack some of the critical decisions handed down by the Court this year. The call, which was kicked off by PFAW President Michael Keegan and moderated by Director of Communications Drew Courtney, featured Senior Fellows Jamie Raskin and Elliot Mincberg, as well as Executive Vice President Marge Baker.

Discussing Burwell v. Hobby Lobby, Raskin explained the case and the damaging implications of the 5-4 decision. Highlighting the “extreme and extravagant” claim made by Hobby Lobby that its religious rights were violated, Raskin described the court’s decision that the Religious Freedom Restoration Act covers “closely held” corporations and noted that this creates a “dangerous expansion of corporate personhood.” Raskin described how this exemplifies the Court in the Citizens United era, where the far right Justices regularly find ways to rule so they can enhance the power of corporations.

Mincberg also provided background on RFRA and explained how the law was distorted and expanded in this decision far beyond what anyone had in mind when it passed by an enormous bipartisan majority 20 years ago.

Members wanted to know what actions can be taken to help address the imbalance in the Court and the troubling decisions made by the Roberts’ Court in the last few years. Baker addressed the issue of rebalancing the Court, emphasizing the importance of presidential elections on the Court’s make-up.

The telebriefing also covered the recent decisions in McCullen v. Coakley, NLRB v. Noel Canning, and Harris v. Quinn, underscoring the Court’s decisive move to the right.

Listen to the full audio of the telebriefing for more information.

 

PFAW

How the Hobby Lobby Majority Distorted RFRA — and Why That’s Dangerous for All Americans

In its 5-4 ruling  today in Hobby Lobby, the Supreme Court’s right-wing majority played fast and loose with the Religious Freedom Restoration Act (RFRA), the law that provided the basis for the claim that religious liberty rights conflicted with the Affordable Care Act (ACA). As Justice Ginsburg’s dissent pointed out, the clear language and history of RFRA stated that it was intended to “restore” the protection of religious liberty that the First Amendment provided before Justice Scalia’s infamous decision in Employment Division v. Smith, which said that there was no protection for religious people whose religious practices were substantially burden by general laws. As a participant in drafting and helping get support for RFRA in the 1990s, I can testify personally that this was true. The broad coalition of groups and legislators – from PFAW to the National Association of Evangelicals, from Orrin Hatch to Ted Kennedy – would never have agreed otherwise. But the 5-4 majority in Hobby Lobby nevertheless claims that RFRA was, in Justice Ginsburg’s words, “a bold initiative departing from, rather than restoring, pre-Smith jurisprudence.”

This twisting of RFRA was significant in two ways to the Hobby Lobby result. First, it allowed the majority to rule that for-profit corporations like Hobby Lobby could claim rights under RFRA. As Justice Ginsburg pointed out, the Court had never so ruled before, since religious liberty protection properly belongs to individuals and religious institutions like churches. Second, it led to the majority’s ruling that there was a “substantial” burden” on religious exercise in the case, based on the claim that the religious beliefs of Hobby Lobby’s owners were offended by the ACA requirement. As Justice Ginsburg explained, pre-Smith law made clear that this kind of mere conflict with religious beliefs was not enough to prove a substantial burden. Instead, a requirement must actually restrict or burden  “what [the person] may believe or what he may do.” Under this analysis, Ginsburg explained, any burden in this case was too attenuated to be substantial. After all, Hobby Lobby was not required to purchase or provide contraceptives, but simply to deposit money into undifferentiated funds that finance a wide variety of benefits; it was up to individual employees whether to utilize contraceptives.

These concerns are much more than historical or theoretical. First, the majority’s rationale could deprive millions of Americans of contraceptive or other coverage under ACA. Even if restricted to closely held corporations, more than 50% of all American workers work for corporations that could similarly claim under Hobby Lobby that their religious beliefs are sincerely offended by providing coverage for contraceptives or other services, and that would be enough to trigger RFRA. Second, if a corporation can prove it is substantially burdened under RFRA because its owners or board have a sincere religious objection to a government requirement, they can make exactly those claims to try to exempt themselves from anti-discrimination and other workers’ rights laws. The Hobby Lobby majority tried to downplay this concern by Justice Ginsburg, but specifically mentioned only that laws banning racial discrimination should be safe from this claim. For example, what about laws banning discrimination based on gender and sexual orientation? The 5-4 majority opinion is almost an invitation to businesses to further distort RFRA by making such claims.

 

 

PFAW Foundation

Did Hobby Lobby Majority Undercut Its Own Argument?

The five-justice majority in Hobby Lobby finds that closely held family companies like Hobby Lobby and Conestoga Wood have religious liberty rights. There is nothing in their reasoning that would limit this startling conclusion to closely held corporations. In fact, the majority undercuts its own attempt to downplay the consequences of its extreme ruling.

Rather than come up with a principled way to distinguish a closely held company from the large, publicly traded corporations that exercise such enormous influence over nearly every aspect of our lives, they punt: They say that large, publicly held businesses are not likely to make religious liberty claims because "the idea that unrelated shareholders—including institutional investors with their own set of stakeholders—would agree to run a corporation under the same religious beliefs seems improbable." [page 29 of majority opinion]

Yet on the very next page, the majority seems to undercut this argument, pointing out that state laws provide "a ready means for resolving any conflicts by, for example, dictating how a corporation can establish its governing structure." Generally under those laws the corporate board and officers speak for the corporation, even if there are millions of shareholders with countless positions on various issues. As a practical matter, the shareholders don't need to agree on religious issues or anything else.

So no one should be surprised after this ruling when a large, publicly traded corporation asserts its religious liberty under the Religious Liberty Restoration Act to get a "pass" from a law it does not want to comply with.

PFAW Foundation

Hobby Lobby: 'Closely Held' Does Not Mean 'Mom and Pop'

In the Supreme Court’s decision in Hobby Lobby, the Court held for the first time ever that a for-profit corporation counts as a “person” under the Religious Freedom Restoration Act and that a “closely held” corporation basically shares the religious exercise rights of its owners.  This leads American law into a treacherous minefield, as Justice Ruth Bader Ginsberg made clear in her dissent.

It’s worth pointing out, as Justice Ginsberg also noted, “’Closely held’ is not synonymous with ‘small.’” Hobby Lobby is a massive corporation employing some 13,000 people, but there are other closely held companies that are much larger. In a footnote, Ginsberg mentions family-owned Mars, Inc. and closely held Cargill, which are both among the largest five private companies in the country. Guess which is number two? Koch industries, with $115 billion in revenue and 60,000 employees. Brothers David and Charles Koch reportedly own 84 percent. Rounding out the top five private companies are Dell and Bechtel. Those five companies employ more than 436,000 people. What religious claims might their owners find useful to make in undermining laws that protect their workers?

PFAW Foundation

Hobby Lobby Opens Up a Minefield

With a far-right Supreme Court majority ruling in Hobby Lobby 5-4 that for-profit closely-held corporations have religious rights under the Religious Freedom Restoration Act (RFRA), Justice Ginsburg is rightly warning that the Court has "ventured into a minefield."

Although the Court says its ruling is limited to "closely held corporations" like Hobby Lobby (where one family owns and runs the corporation), there is nothing in its reasoning that doesn't apply to any other for-profit corporation, such as Exxon. And even some closely-held family corporations are enormous. For instance, Justice Ginsburg points out that the Mars candy company has 72,000 employees and takes $33 billion in revenue.

Large corporations already wield enormous power over ordinary Americans, and the far-right Justices have just handed them another way to exercise that power.

The Court that gave corporations the same right as people to spend money to influence our elections now says that these same corporations have religious beliefs. Dare we ask what rights they will be given next?

And the majority's assertion that their decision today won't give businesses the power to ignore anti-discrimination laws is far from persuasive, raising more questions than it answers. The five conservatives say:

The principal dissent raises the possibility that discrimination in hiring, for example on the basis of race, might be cloaked as religious practice to escape legal sanction. See post, at 32–33. Our decision today provides no such shield. The Government has a compelling interest in providing an equal opportunity to participate in the workforce without regard to race, and prohibitions on racial discrimination are precisely tailored to achieve that critical goal.

Note that the only type of discrimination the majority bothers to mention is race discrimination, although the dissent's discussion that they cite mentioned other types. Their decision not to include other types of discrimination was surely deliberate and leaves women and LGBT people (to name just a few) left out in the cold. Businesses whose owners cite their religion to support their anti-equality positions will eagerly take note.

Justice Ginsburg's description of this case as a minefield could well be an understatement.

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PFAW Foundation

Dangers of Supreme Court Prayer Ruling Quickly Become Clear

Sometimes the damage from a bad court decision takes a while to make itself clear. Not so with last week’s U.S. Supreme Court ruling upholding a town’s practice of beginning council meetings with prayers that are overwhelmingly Christian. Conservative political and legal groups called it a win for religious freedom, but it only took a few days to see just how much unnecessary and divisive conflict the Court’s decision could generate in communities across America.

Late last week the mayor of the New Jersey town of Carteret cited the Supreme Court ruling to justify cancelling the use of the borough hall for a Saturday naturalization ceremony.  He was upset that the Immigration and Naturalization Service refused to allow the ceremony to begin with prayer. The INS says its rules are meant to ensure that naturalization ceremonies are "conducted in a meaningful manner which is welcoming and inclusive and excludes political, commercial and religious statements." But Mayor Daniel Reiman said the INS could "host its godless ceremony someplace else." (It was held in Newark.)

What a sad object lesson for those aspiring American citizens and their friends and families. Who knows how many different faiths were represented among them? It shouldn’t matter, because one of the most precious benefits of being an American is that your rights and standing as a citizen do not depend on your holding any particular set of religious beliefs.

But don’t tell that to Al Bedrosian, a member of the Roanoke County Board of Supervisors in Virginia. Last week after the Supreme Court ruling, Bedrosian declared that prayers to open board meetings should be given only by Christians. It is shameful that Bedrosian holds public office in Virginia, home of James Madison and Thomas Jefferson and the birthplace of the First Amendment. Bedrosian argued publicly several years ago that Christians should “rid ourselves of this notion of freedom of religion in America.” He said Christians “are being fed lies that a Christian nation needs to be open to other religions” and called it one of the “greatest moments in US Senate history” when a group of Christians disrupted a Hindu religious leader who was giving an opening prayer.

Both Reiman and Bedrosian are misinterpreting the Court’s decision. But these episodes bring even greater clarity to a reality to which the conservative majority on the Supreme Court demonstrated “blindness” – in the words of dissenting Justice Elena Kagan. That is the exclusionary and divisive reality – as opposed to the theory – of government bodies opening their meetings with sectarian prayer.

The case decided by the Supreme Court came concerned the upstate New York town of Greece.  For years, the town council has been inviting local clergy to open its meetings. Those clergy have been overwhelmingly Christian, and their prayers were sometimes highly sectarian, invoking “the saving sacrifice of Jesus Christ on the cross” or “the plan of redemption that is fulfilled in Jesus Christ.” These were not, as dissenting Justice Elena Kagan noted, ceremonial invocations like the “God save the United States and this honorable Court,” which begins Supreme Court sessions.

The town’s prayer policy was challenged by two citizens (one Jew and one atheist) who felt coerced by the invitations to Christian prayer, and who felt as if they were being made outsiders in their own town based on their religious beliefs. They argued that the practice violated the Establishment Clause of the First Amendment, which has been interpreted as preventing the government from favoring religion in general or any religion in particular.

Some people, particularly those in the religious majority, have a hard time seeing why such prayer is a big deal. As Paul Waldman writes for the Washington Post, “the ruling is about the privilege of the majority, the privilege to define your own beliefs, traditions, and practices as simply the water in which we all swim. If you’re in that majority, you tend to be shocked when anyone even questions whether those practices ought to be imposed on everyone and sponsored by the state.”

But imagine, as Kagan did, a Muslim who has come before the city council seeking a zoning variance to build an addition on her home. When she is asked to join in prayer celebrating the divinity of Jesus, she has the option of not participating, or leaving the room. Either option identifies her as somehow different from her neighbors and from the councilmembers who will decide the fate of her request.  A federal appeals court had ruled that the town’s practice was unconstitutional because, even if town officials had no bad intent, the consequence of the nearly uninterrupted parade of Christian prayers was to signal that Christianity was favored, and to make unequal citizens of people of other faiths or no faith.

Unfortunately, five Supreme Court justices disagreed, saying even an overwhelmingly Christian and sectarian prayer practice is OK unless there is a pattern of prayers denigrating other faiths or proselytizing or unless there is evidence that people are being legally coerced or punished for not participating. The Court has given a green light to “Christian Nation” advocates like Al Bedrosian to demand that their city council or county commission allow their official meetings to be regularly opened with explicitly Christian prayers.  Some Religious Right leaders have said that’s exactly what they’re going to do.

Right now, practices vary. Some government bodies don’t bother with prayer; others invite clergy to open meetings, with guidelines that prayers be respectful or nonsectarian. But even that nod toward pluralism is at risk: Jordan Sekulow of the American Center for Law and Justice said this ruling means government bodies can no longer make a distinction between nonsectarian prayer and “praying in Jesus’ name” and he told the Christian Broadcasting Network, “that will have an impact on a number of cases.”

It’s worth noting that some progressive Christians agree that “nonsectarian prayer” is a kind of oxymoron. But, says Washington Monthly blogger Ed Kilgore, that is not a reason to push for sectarian prayer; it is instead a reason to do away with legislative prayer altogether. He writes that the effort to push more prayer in official settings is “offensive to those who pray as much as to those who don’t.” The pro-church-state-separation Baptist Joint Committee had filed a brief in the case stating that “prayer is an expression of voluntary religious devotion, not the business of government.”

That brings us to a crucial distinction between what is constitutional and what is wise, particularly in a country that is increasingly diverse, with a growing number of people who claim no religious affiliation. As noted in People For the American Way Foundation’s Twelve Rules for Mixing Religion and Politics, “Some things that are legally permissible may still be damaging to religious tolerance and civic discourse, and should be discouraged.”

The Supreme Court did not rule that legislative bodies have to begin their meetings with prayer; it ruled that the Constitution allows them to. In spite of Justice Anthony Kennedy’s portrayal of legislative prayer as a unifying force, it seems likely that an aggressive push for more sectarian prayer to open official meetings will be anything but unifying. Elected officials should think twice before going down that road.

Russell Moore, president of the Ethics & Religious Liberty Commission of the Southern Baptist Convention, said he prays that the Court is showing a way toward “a right kind of free marketplace of faith expression in American life.” But Moore is wrong: we already have a free marketplace of faith expression in America. The First Amendment has fostered a vibrant, flourishing, peaceful religious pluralism that is unmatched anywhere in the world. Christian media has a massive presence on television, radio, and online. But what too many “Christian Nation” advocates want, and what the Court is opening the door to, is a system in which a religious majority can more easily use the institutions of government to promote its religious beliefs and label others as outsiders.

And that is not the American Way. 

PFAW Foundation

Supreme Court Upholds Sectarian Prayer at Official Meetings

In a 5-4 decision, the U.S. Supreme Court today overturned a ruling by the Second Circuit appeals court and upheld the practice of an upstate New York town that begins its council meetings with prayers that are almost always given by Christian clergy. Religious Right groups are celebrating the ruling; Ralph Reed announced that his Faith and Freedom coalition would use the ruling to “redouble its efforts” to encourage more prayers at city and county government meetings. Both the decision and the Religious Right's responses are likely to invite more religiously divisive church-state conflicts.

Justice Clarence Thomas used his concurring opinion to argue, as he has before, that the Establishment Clause of the First Amendment does not apply to the states at all; in other words, he believes there is no constitutional reason that a state cannot have an official religion. Fortunately, the decision in this case is far narrower than that.

It is, as Justice Stephen Breyer says in the opening sentence of his dissent, a “fact-sensitive” case. It did not revolve around the question of whether legislative prayer is unconstitutional – the Court has previously upheld legislative prayer in Marshv Chambers – but in part whether the way clergy were invited to give prayers to open town council meetings was sufficiently inclusive. In Breyer’s words,

“The question in this case is whether the prayer practice of the town of Greece, by doing too little to reflect the religious diversity of its citizens, did too much, even if unintentionally, to promote the ‘political division along religious lines’ that ‘was one of the principal evils against which the First Amendment was intended to protect.’” [quoting from the Court’s 1971 decision in Lemon v Kurtzman]

Also at issue was whether a town council meeting, at which members of the public are appealing to councilmembers for specific action, is more susceptible to being a coercive environment than a prayer given by a chaplain to a group of lawmakers about to start their legislative day. For example, the council hears debates on individual applications from residents and business owners seeing zoning permits and other licenses. In her dissent, Justice Elena Kagan recognizes that the Court has upheld the historical tradition of legislative prayer, but writes that the town hall meetings in Greece are a kind of hybrid, “occasions for ordinary citizens to engage with and petition their government, often on highly individualized matters.” That, she says, requires special care that each member of the community is respected as an equal citizen, something the Town of Greece has not done.

While the plaintiffs in the Town of Greece case did not argue that town leaders were motivated by religious bias, they argued that the selection process led almost exclusively to prayers being given by Christian ministers, and to prayers that were not just ceremonial invocations but quite explicitly sectarian. Kagan writes that town meetings need not be religion-free zones, saying that “pluralism and inclusion in a town hall can satisfy the constitutional requirement of neutrality,” but concluded that the board of the Town of Greece did nothing to recognize religious diversity, and that its practice “does not square with the First Amendment’s promise that every citizen, irrespective of her religion, owns an equal share in her government.” She offered a hypothetical of a Muslim resident coming before the board to see a zoning variance to build an addition on her home:

“But just before she gets to say her piece, a minister deputized by the Town asks her to pray ‘in the name of God’s only son Jesus Christ.’ She must think – it is hardly paranoia, but only the truth—that Christian worship has become entwined with local governance. And now she faces a choice—to pray alongside the majority as one of that group or somehow to register her deeply felt difference….She does not wish to be rude to her neighbors, nor does she wish to aggravate the Board members whom she will soon be trying to persuade. And yet she does not want to acknowledge Christ’s divinity, any more than many of her neighbors would want to deny that tenet. So assume she declines to participate with the others in the first act of the meeting—or even, as the majority proposes, that she sands up and leaves the room altogether…At the least, she becomes a different kind of citizen, one who will not join in the religious practice that the Town Board has chosen as reflecting its own and the community’s most cherished beliefs. And she thus stands at a remove, based solely on religion, from her fellow citizens and her elected representatives.

Everything about that situation, I think, infringes the First Amendment…That the Town Board selects, month after month and year after year, prayergivers who will reliably speak in the voice of Christianity, and so places itself behind a single creed. That in offering those sectarian prayers, the Board’s chosen clergy members repeatedly call on individuals, prior to participating in local governance, to join in a form of worship that may be at odds with their own beliefs. That the clergy thus put some residents to the unenviable choice of either pretending to pray like the majority or declining to join its communal activity, at the very moment of petitioning their elected leaders. That the practice thus divides the citizenry, creating one class that shares the Board’s own evident religious beliefs and another (far smaller) class that does not. And that the practice also alters a dissenting citizen’s relationship with her government, making her religious difference salient when she seeks only to engage her elected representatives as would any other citizen.”

Kagan writes that the Court majority opinion reflected “two kinds of blindness.” First, it missed the difference between traditional legislative prayer and the setting of the town council, a difference she described as a “chasm,” and the fact that the prayers in Greece are mostly addressed to the public rather than lawmakers. She said the majority “changes the subject” rather than addressing the sectarian content of the prayers delivered in Greece, such as those invoking “the saving sacrifice of Jesus Christ on the cross” or “the plan of redemption that is fulfilled in Jesus Christ.” These are not, as she says, the recitation of “God save the United States and this honorable Court” invoked at the beginning of Supreme Court sessions.

Kagan cites George Washington’s well-known letter to the Newport Hebrew Congregation, in which he assured members of that congregation that the First Amendment does not simply tolerate people of minority faiths, rather all possess the same “immunities of citizenship.”

Writes Kagan:

For me, that remarkable guarantee means at least this much: When the citizens of this country approach their government, they do so only as Americans, not as members of one faith or another. And that means that even in a partly legislative body, they should not confront government-sponsored worship that divides them along religious lines. I believe, for all the reasons I have given, that the Town of Greece betrayed that promise. I therefore respectfully dissent from the Court’s decision.

Breyer also joined Kagan’s dissent, as did Justices Ginsburg and Sotomayor. The case is Town of Greece v. Galloway.

PFAW Foundation

Safe Schools Letter Campaign Wraps Another Week, Twelve Groups Have Gone on Record

The letter-a-day campaign for safe schools that PFAW is leading just finished another week, and now twelve groups have gone on record with Congress in support of safe schools legislation. Together, we are sending loud and clear the message that all students deserve far better than what they're getting when it comes to bullying and harassment in schools.

Below are excerpts from this week's letters.

Family Equality Council:

America has a rich tradition of valuing education and protecting and nurturing children through the educational process. Children with LGBT parents should not grow up feeling that their country does not value their success or the legitimacy of their parents and their families. We must ensure that all children have the same opportunity to thrive – which requires that they feel safe, supported and valued in school. Students experiencing harassment based on their actual or perceived sexual orientation or gender identity or because they have LGBT parents are deprived of equal educational opportunities and are too often left with few or no avenues for recourse.

The Trevor Project:

In honor of next month's Day of Silence highlighting anti-LGBTQ bullying and harassment in schools, and on behalf of the more than one hundred thousand lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth served annually by The Trevor Project’s life-saving programming, we write in strong support of the Safe Schools Improvement Act (SSIA, H.R. 1199 & S. 403). We thank the 226 bipartisan House and Senate cosponsors of this critical bill for addressing what has become a pervasive national problem, and we urge all members of Congress to join them.

Sikh American Legal Defense and Education Fund:

We urge you to support SSIA in response to increasing reports of harassment and violence faced by Sikh American students in schools. Consider the experience of Akashdeep Singh Ahluwalia, an eleven year-old Sikh American from New Jersey. Like many Sikh American students, who keep their articles of faith, he was bullied. Akashdeep was bullied so often that he had to change schools. When asked how he feels about the harassment he continues to face he responded, “It really depresses me. But in the end what can I do?”

American Association of University Women:

In addition to requiring policies prohibiting bullying and harassment, effective complaint procedures, and information sharing in current reporting systems, SSIA also provides opportunities for professional development to prevent bullying and harassment and student education programs. This is a critically important bill that will make a real difference in the lives of ALL students nationwide. That is why this bill is supported by over 110 leading national organizations in the fields of education, health, youth development, civil rights and religion.

PFLAG National:

Specifically, today’s letter to you involves three bills: [t]he Safe Schools Improvement Act (SSIA), [t]he Student Non-Discrimination Act (SNDA) and [the] Every Child Deserves a Family [Act] (ECDF).

PFLAG is the nation’s largest family and ally organization.  It is comprised of parents, families, friends and straight allies united with people who are lesbian, gay, bisexual and transgender LGBT)[,] and has more than 350 chapters and 200,000 members and supporters crossing multiple generations of American families in major urban centers, small cities and town and rural areas in all 50 states.

PFLAG’s values are America’s values.  We believe that the welfare, safety and well-being of our children, all of our children, is an American value with a high priority that merits your attention.

Here are some of our earlier participants – more support for safe schools.

PFAW will continue to update you as we approach April 11, this year's Day of Silence – an annual event organized by the Gay, Lesbian, and Straight Education Network (GLSEN) that is meant to draw attention to the "silencing effects" of anti-gay harassment and name-calling in schools and to be a way for students to show their solidarity with students who have been bullied.

Just today we released a new policy toolkit, Education Without Discrimination: Creating Safe Schools for All Students.

Please also check out PFAW's report on Big Bullies: How the Religious Right is Trying to Make Schools Safe for Bullies and Dangerous for Gay Kids and its 2012 update.

PFAW

Jamie Raskin Discusses Hobby Lobby and Corporate Religion

Thursday afternoon, PFAW hosted a special member telebriefing on Sebelius v. Hobby Lobby Stores, Inc., a critically important case being argued before the Supreme Court next week that represents the overlap of two important issues: attacks on women's health, and the radical expansion of constitutional "rights" for artificial and increasingly powerful for-profit corporations.. The briefing featured senior fellow Jamie Raskin, who is a respected constitutional scholar at American University and a leading progressive Maryland state senator. Jamie previewed a new report from our affiliate PFAW Foundation: The Gospel of Citizens United: In Hobby Lobby, Corporations Pray for the Right to Deny Workers Contraception.

In Hobby Lobby and a companion case, the Affordable Care Act's contraception provision is being challenged by for-profit corporations regulated by the Act, as well as by the individuals who own the companies. One of the astonishing facets of this case is that for-profit corporations are actually arguing that they – the corporations themselves, totally separate from their owners – have religious liberty rights that are protected by law.

How did we get to a point where for-profit corporations are claiming religious beliefs and rights and not being laughed out of court? Jamie described how Citizens United was a watershed, completely transforming our constitutional jurisprudence and opening the door to Hobby Lobby's arguments. He noted the Tenth Circuit's conclusion that since corporations have First Amendment political speech rights, it follows that they also have religious rights.

Jamie pointed out that no court has ever found that ordinary for-profit corporations have religious rights. And that's what Hobby Lobby is: a profit-making corporation operating more than 500 arts-and-crafts stores with more than 13,000 employees. Quoting Justice Stevens' dissent in Citizens United, Jamie pointed out that "corporations have no consciences, no beliefs, no feelings, no thoughts, no desires." Yet just as that case empowered corporate CEOs to use the corporation's treasury to affect elections, Hobby Lobby threatens to empower corporate officials to impose their own religious beliefs on company employees. In both cases, the power of ordinary people is diminished, as they become more and more subject to the power of corporations.

Jamie also discussed how the implications of Hobby Lobby go far beyond this particular case. If corporations are "ensouled" and found to have religious liberty rights, it opens the door to letting them opt out of anti-discrimination and labor laws their owners don't like. And while Hobby Lobby is a family-owned company where the family ascribes their religion to the corporation, how would you determine the "religion" of a widely-held company like Exxon? Jamie pointed out that the law sees both – the family owned business and the large multinational corporation -- the same.

What can regular people do about all this? PFAW Vice President Marge Baker pointed out that most people don't even know about the dangerous power grab by corporations that the five far-right Supreme Court justices are assisting. It's important to educate our friends, colleagues, and family members about how frequently and dangerously the Supreme Court is bending the law in order to hand power to already-powerful large corporations. And elections matter, because the judges who make these decisions on the Supreme Court and every federal court in the nation are nominated by the president and confirmed by the Senate. With control of the Senate at stake in this year's elections, the results this November will have an enormous impact on the courts.

PFAW