Liberty Counsel

{{Short description|American Christian legal nonprofit}}

{{For|the racehorse|Liberty Counsel (horse)}}

{{Infobox organization

| image = Liberty Counsel Logo.png

| alt = Logo of Liberty Counsel

| type = 501(c)(3) nonprofit organization"[https://apps.irs.gov/app/eos/pub78Search.do?ein1=59-2986294&names=&city=&state=All...&country=US&deductibility=all&dispatchMethod=searchCharities&submitName=Search Liberty Counsel Inc.]" Exempt Organizations Select Check. Internal Revenue Service. Accessed on July 6, 2016.

| headquarters = Maitland, Florida, United States

| services = Pro bono assistance and representation"[http://www.lc.org/about-liberty-counsel About Liberty Counsel]". Liberty Counsel. Accessed July 6, 2016.

| leader_title = Chairman

| leader_name = Mathew Staver

| leader_title2 = President

| leader_name2 = Anita L. Staver

| leader_name3 = Candice McGuire

| leader_title3 = Secretary

| leader_title4 = Treasurer

| leader_name4 = Robert Miller

| volunteers = 264

| name = Liberty Counsel, Inc.

| founder = Mathew D. Staver

| coordinates =

| tax_id = 59-2986294{{cite form 990 | url=http://www.guidestar.org/FinDocuments/2015/592/986/2015-592986294-0c30d9cb-9.pdf |signatory-last=Staver | signatory-first=Anita L. | preparer-last=James | preparer-first=Julia W. | signature-date=November 6, 2015 | modification-date=April 9, 2016 | tax-year=2014 | fy=yes | org=Liberty Counsel Inc | ein=592986294 | via=Guidestar}}

| founded_date = {{Start date and age|1989|12|26}}"[http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=LIBERTYCOUNSEL%20N359200&aggregateId=domnp-n35920-79590c31-9658-4437-870b-f884a4a64715&searchTerm=Liberty%20Counsel&listNameOrder=LIBERTYCOUNSEL%20N359200 Liberty Counsel, Inc.]". Detail by Entity Name. Division of Corporations. Florida Department of State. Accessed on July 6, 2016.

| mission =

| revenue = $5,572,566

| revenue_year = 2015

| expenses = $5,263,709

| expenses_year = 2015

| employees = 38{{efn|In addition, 2 leased employees and 36 employees of another nonprofit organization provided services to Liberty Counsel.}}

| employees_year = 2014

| volunteers_year = 2014

| website = {{URL|https://lc.org}}

}}

Liberty Counsel is a 501(c)(3) Christian ministry that engages in strategic litigation{{cite web | last1=Staver | first1=Anita L. | last2=Mihet | first2=Horatio G. | last3=Schmid | first3=Daniel J. | last4=Staver | first4=Matthew D. | title=Liberty Counsel Amicus Curiae No. 23-411 | at=Interest Of Amicus Curiae | url=https://www.supremecourt.gov/DocketPDF/23/23-411/300205/20240318122933940_Amicus%20Curiae%20corrected.pdf#page=10}} to promote evangelical Christian values.{{Cite web|last=Hetzner|first=Amy|date=March 23, 2001|title=Group Sues Schools Over Religious Cards|url=https://www.chicagotribune.com/2001/03/23/group-sues-schools-over-religious-cards/|access-date=2016-08-05|website=Chicago Tribune|url-status=live|archive-url=https://web.archive.org/web/20170901115307/http://articles.chicagotribune.com/2001-03-23/news/0103230243_1_liberty-counsel-first-time-morgan-mathew-staver|archive-date=September 1, 2017}} Liberty Counsel was founded in 1989 by its chairman Mathew Staver and its president Anita L. Staver, who are attorneys and married to each other. The Southern Poverty Law Center has listed Liberty Counsel as an anti-LGBT hate group, a designation the group has disputed.{{Cite news|last1=Walters|first1=Joanna|last2=Thielman|first2=Sam|date=2016-02-03|title=Liberty Counsel: the law firm whose mission is to defend 'God's authority'|language=en-GB|work=The Guardian|url=https://www.theguardian.com/us-news/2016/feb/03/liberty-counsel-law-firm-kim-davis-religious-freedom-abortion-same-sex-marriage-gay-conversion-therapy|access-date=2020-05-07|issn=0261-3077}} The group is a Christian ministry.{{Cite news|first=Andrea | last=Diaz|title=Elementary school principal placed on leave after banning all things Christmas from classrooms|url=https://www.cnn.com/2018/12/07/us/nebraska-principal-on-leave-after-banning-christmas-trnd/index.html|access-date=2020-08-03|work=CNN|date=7 December 2018 }}

History

Liberty Counsel started as a religious liberty organization that focused its litigation efforts on freedom of speech cases.{{Cite news|last=Niebuhr|first=Gustav|date=July 8, 1995|title=Conservatives' New Frontier: Religious Liberty Law Firms|language=en-US|work=The New York Times|url=https://www.nytimes.com/1995/07/08/us/conservatives-new-frontier-religious-liberty-law-firms.html|access-date=July 17, 2020|issn=0362-4331}} The organization used freedom of speech arguments instead of religious free exercise claims in its cases.{{Cite book|last=Hacker|first=Hans J.|title=The culture of conservative Christian litigation|publisher=Rowman & Littlefield Publishers|year=2005|isbn=0742534456|pages=39–41}} In addition to litigation, Liberty Counsel saw education of its members and public officials regarding religious rights as a goal.{{Cite book|last1=Kjupe|first1=Paul A.|title=Encyclopedia of American Religion and Politics|last2=Olson|first2=Laura R.|publisher=Infobase|year=2014|isbn=978-1438130200|location=New York|pages=121}}

Positions and responses

In 1990, Liberty Counsel supported a change in public library rules which had excluded religious and political events from library meeting rooms until the ACLU met with a library official.{{Cite web|last=Banks|first=Adelle M.|date=February 23, 1990|title=In Defense of Religious Freedom Lawyer-Pastor: Right to Worship Threatened|url=https://www.orlandosentinel.com/news/os-xpm-1990-02-23-9002233034-story.html|url-status=live|archive-url=https://archive.today/20200917204200/https://www.orlandosentinel.com/news/os-xpm-1990-02-23-9002233034-story.html|archive-date=September 17, 2020|access-date=September 17, 2020|website=The Orlando Sentinel|language=en-US}}

In 1998, Liberty Counsel was part of a coalition of organizations that backed a state-level "Religious Freedom Restoration Act" in Florida; others supporting the bill were the ACLU, Florida Family Counsel, Aleph Institute and Justice Fellowship.{{Cite web|author=Christine Walker|title=Religious Freedom Act Clears Committee|url=https://www.sun-sentinel.com/news/fl-xpm-1998-04-08-9804070277-story.html|date=April 8, 1998|newspaper=Sun-Sentinel}}

In 2009, a Liberty Counsel attorney from its Tennessee office worked with city commissioners to draft an ordinance limiting the permitted locations for adult bookstores and similar establishments.{{Cite news|last=Witt|first=Terry|date=February 26, 2009|title=City approves two sex-business ordinances|pages=A1, A5|work=Levy County Journal|url=https://ufdc.ufl.edu/UF00028309/00214/1x|url-status=live|access-date=August 19, 2009|archive-url=https://archive.today/20200819160520/https://ufdc.ufl.edu/UF00028309/00214/1x|archive-date=August 19, 2020}}

In 2011, the organization expressed that defining "personhood" as beginning at conception was a path to barring abortion.{{Cite web|last=Fausset|first=Richard|date=November 4, 2011|title=Mississippi attempts to define the start of personhood|url=https://www.latimes.com/archives/la-xpm-2011-nov-04-la-na-mississippi-abortion-20111105-story.html|access-date=2020-07-20|website=Los Angeles Times|language=en-US}}

Liberty Counsel opposed the repeal of the U.S. military's former policy "Don't Ask, Don't Tell" that banned personnel from openly identifying as gay, lesbian, or bisexual.{{cite web|url=http://www.catholic.org/politics/story.php?id=33767|title='Don't Ask Don't Tell' Upheld by Supreme Court|author=Catholic Online|work=catholic.org|url-status=dead|archive-url=https://web.archive.org/web/20110606084658/http://www.catholic.org/politics/story.php?id=33767|archive-date=2011-06-06}} The group opposes the addition of sexual orientation, gender identity, or similar provisions to hate crimes legislation,{{Cite web |date=2015-03-26 |title=Social Conservatives Mount Last-Ditch Effort to Stop Hate Crimes Bill |url=https://www.foxnews.com/politics/social-conservatives-mount-last-ditch-effort-to-stop-hate-crimes-bill |access-date=2022-05-05 |website=Fox News |language=en-US}} including the anti-lynching bill passed unanimously by the Senate in 2018.{{Cite web|url=https://www.nbcnews.com/feature/nbc-out/evangelical-group-wants-gays-removed-anti-lynching-bill-n956831|title=Evangelical group wants gays removed from anti-lynching bill|website=NBC News|date=9 January 2019 |language=en|access-date=2019-01-13}} The group issued a statement, saying that an "anti-lynching bill should apply to everyone".{{Cite web|last=Lockhart|first=P. R.|date=2019-01-11|title=An evangelical group is trying to strip LGBTQ protections from an anti-lynching bill|url=https://www.vox.com/identities/2019/1/11/18178392/liberty-counsel-anti-lynching-bill-staver|access-date=2020-07-21|website=Vox|language=en}} It also opposes same-sex marriage and same-sex civil unions.{{cite web |url=http://lc.org/index.cfm?pid=14096 |title=Liberty Counsel website - Advancing Family Values |access-date=2019-01-13 |url-status=dead |archive-url=http://webarchive.loc.gov/all/20100819192523/http%3A//www.lc.org/index.cfm?pid%3D14096 |archive-date=2010-08-19 |quote="First case ever to declare a Vermont civil union is not equivalent to marriage, and a state and federal Defense of Marriage Act permits a state to ban same sex unions."}}

Liberty Counsel has been listed as an anti-gay group by the Southern Poverty Law Center (SPLC).{{cite web|url=http://www.splcenter.org/get-informed/intelligence-files/ideology/anti-gay/active_hate_groups|title=Active Anti-LGBT Groups|work=Southern Poverty Law Center}} In 2015, SPLC listed the group as a hate group, in part because Liberty Counsel opposes LGBT participation in scouting and because Liberty Counsel's leadership implicitly compared gay men to pedophiles.{{cite web|url=https://www.splcenter.org/fighting-hate/intelligence-report/2015/active-hate-groups-united-states-2014|title=Active Hate Groups in the United States in 2014|work=Southern Poverty Law Center}}Boy Scouts Organization Demise. Podcast, Liberty Counsel. Aug 11, 2015. https://www.lc.org/faith-and-freedom-full-article/boy-scouts-organization-demise{{Dead link|date=October 2022 |bot=InternetArchiveBot |fix-attempted=yes }} Liberty Counsel has challenged that SPLC's designation{{Cite web|title = Liberty Counsel challenges SPLC 'hate group' label|url = http://www.onenewsnow.com/culture/2015/10/11/liberty-counsel-challenges-splc-hate-group-label|website = onenewsnow.com|access-date = 2015-10-26}} and the Associated Press's reporting thereof.{{Cite web|title = Kim Davis' Attorneys Attack Associated Press For Identifying Them As A "Hate Group"|url = http://mediamatters.org/blog/2015/10/21/kim-davis-attorneys-attack-associated-press-for/206319|website = Media Matters for America| date=21 October 2015 |access-date = 2015-10-27}} Fox News referred to that designation as a "smear".{{Cite web|title=Southern Poverty Law Center brands some peaceful groups as 'hate groups'|url=https://www.foxnews.com/us/southern-poverty-law-center-brands-some-peaceful-groups-as-hate-groups|date=2017-07-14|website=Fox News|language=en-US|access-date=2020-05-05}}

In 2017, Liberty Counsel sued GuideStar USA, Inc., an information service specializing in U.S. nonprofit ratings, for flagging Liberty Counsel as having been labeled a hate group by the SPLC. In 2018, a Virginia federal judge dismissed Liberty Counsel's suit, ruling that GuideStar's "expressive right to comment on social issues" was protected by the First Amendment. The SPLC was not named in the lawsuit.{{cite news|title=Maitland-based Liberty Counsel loses lawsuit over 'hate group' label|url=http://www.orlandosentinel.com/news/politics/political-pulse/os-liberty-counsel-lawsuit-20180124-story.html|access-date=17 March 2018|agency=Associated Press|publisher=Orlando Sentinel|date=24 January 2018}} The U.S. Court of Appeals for the Fourth Circuit rejected Liberty Counsel's appeal.[https://scholar.google.com/scholar_case?case=18385201646516704735 Liberty Counsel, Inc. v. Guidestar USA, Inc.], No. 18-1157 (4th Cir. 2018) (pur curiam) (unpub.). GuideStar removed the SPLC annotations from the entries for Liberty Counsel and 45 other organizations shortly after adding them, citing "harassment and threats directed at our staff and leadership" and "our commitment to objectivity and our concerns for our staff's wellbeing."{{cite web|title=Update Regarding SPLC Flags on GuideStar Nonprofit Profiles|url=https://learn.guidestar.org/news/news-releases/update-regarding-splc-flags-on-guidestar-nonprofit-profiles|website=GuideStar|access-date=17 March 2018|date=23 June 2017}}

In 2020, Liberty Counsel launched "ReOpen Church Sunday" to encourage Christian leaders in the United States to hold in-person services on the first weekend of May. On-site religious services had stopped in some locations due to the coronavirus pandemic.{{Cite web|last=Jenkins|first=Jack|date=April 23, 2020|title=Conservative group calls for 'ReOpen Church Sunday'|url=https://religionnews.com/2020/04/23/conservative-groups-calls-for-reopen-church-sunday/|access-date=September 17, 2020|website=Religion News Service|language=en-US}}

= Activities =

{{Conservatism US|expanded=other organizations}}

Orlando Magic general manager Pat Williams was the scheduled keynote speaker for the organization's kick off banquet in 1990.{{Cite web|date=February 17, 1990|title=Lecture has Ethical Dose on Medicine|url=https://www.orlandosentinel.com/news/os-xpm-1990-02-17-9002173617-story.html|access-date=2020-10-08|website=Orlando Sentinel|language=en-US}}

In 2000, Liberty Counsel threatened legal action against a public library in Jacksonville, Florida after the library held a party that featured readings from Harry Potter books and distributed "Hogwarts' Certificate of Accomplishment" to the children who attended.{{Cite web|title = Jacksonville parents object to Harry Potter's 'witchcraft' {{!}} StAugustine.com|url = http://staugustine.com/stories/091300/sta_20000913.021.shtml#.Vi5iBzZdFcB|website = staugustine.com|access-date = 2015-10-26|archive-url = https://web.archive.org/web/20160304075915/http://staugustine.com/stories/091300/sta_20000913.021.shtml#.Vi5iBzZdFcB|archive-date = 2016-03-04|url-status = dead}} Staver said, "Witchcraft is a religion, and the certificate of witchcraft endorsed a particular religion in violation of the First Amendment's Establishment Clause."{{cite web | url = https://www.ala.org/ala/alonline/currentnews/newsarchive/2000/september2000/jacksonville.cfm | title = Jacksonville Library Drops Harry Potter Certificates | access-date = October 22, 2008 | publisher = American Library Assoc. | url-status = dead | archive-url = https://web.archive.org/web/20081013173224/http://www.ala.org/ala/alonline/currentnews/newsarchive/2000/september2000/jacksonville.cfm | archive-date = October 13, 2008 }}{{cite news | url=https://www.bbc.com/news/world-us-canada-34155777 | title=The legal team behind Kentucky's defiant clerk | work=BBC | date=September 14, 2015 | access-date=January 12, 2019 | first=Sarah | last=Fowler}}

Liberty Counsel sponsors an annual "Day of Purity" campaign where youth wear white T-shirts to show their commitment to sexual abstinence until marriage.{{Cite web|last=Ave|first=Melanie|date=August 27, 2005|title=More teens today just saying no _ to sex|url=https://www.tampabay.com/archive/2004/02/14/more-teens-today-just-saying-no-to-sex/|access-date=2020-07-21|website=Tampa Bay Times|language=en}}{{Cite web|last=|first=|date=|title=Day Of Purity - Liberty Counsel|url=https://www.lc.org/dayofpurity/|access-date=February 5, 2021|website=Liberty Counsel Day of Purity|language=en-US}}{{Cite web|last=Jacobson|first=Susan|date=February 11, 2013|title=Day of Purity provides alternative to Valentine's Day|url=https://www.orlandosentinel.com/news/os-xpm-2013-02-11-os-day-of-purity-sex-liberty-counsel-20130211-story.html|access-date=February 5, 2021|website=Orlando Sentinel|language=en-US}}

In December 2005, Liberty Counsel issued a press release accusing an elementary school in Dodgeville, Wisconsin, of changing the lyrics of Christmas songs to make them more secular, and said that it would sue the school district "if the district does not immediately remedy the situation." The school was putting on the play "The Little Tree's Christmas Gift", written by Dwight Elrich, a former church choir director.[https://www.washingtonpost.com/wp-dyn/content/article/2005/12/19/AR2005121901802.html "Have a Holly, Jolly Holiday"], The Washington Post, Dec. 20, 2005. Liberty Counsel represented a parent who objected to using secular lyrics to the tune of Silent Night.{{Cite web|last=Lewin|first=Adrienne|date=December 9, 2005|title=Critics Aren't Keeping Quiet Over 'Silent Night' Lyrics Change|url=https://abcnews.go.com/US/Beliefs/story?id=1387602|access-date=February 5, 2021|website=ABC News|language=en}} The Dodgeville school district sought a retraction and an apology from Liberty Counsel, as well as reimbursement of $20,000 spent in personnel, security, and attorney fees to fight the accusation. Liberty Counsel's Staver refused, asserting, "There is nothing to apologize for or retract.""Haven't heard last on 'Silent Night'; Wis. school board is seeking redress from Christian legal group", Richmond Times-Dispatch, January 14, 2006.

When a Deltona, Florida city hall Black History Month display intended to include only memorabilia provided by city employees removed religiously-themed paintings by Lloyd Marcus, Liberty Counsel sued. The city opened up the display to material provided by citizens, including Marcus, while saying that this change was not occasioned by the suit.{{cite web |last1=Peppard |first1=Jim |title=City of Deltona Agrees to Hang Disputed Religious Paintings |url=https://www.wtsp.com/amp/article/news/local/city-of-deltona-agrees-to-hang-disputed-religious-paintings/67-396433011 |website=10 Tampa Bay |date=17 February 2006 |access-date=20 July 2020}}{{Cite web|last=Sarmah|first=Satta|date=January 5, 2009|title=Faith in the Law|url=https://www.orlandosentinel.com/news/os-xpm-2009-01-05-law05-story.html|url-status=live|archive-url=https://archive.today/20200720185226/https://www.orlandosentinel.com/news/os-xpm-2009-01-05-law05-story.html|archive-date=July 20, 2020|access-date=July 20, 2020|website=Orlando Sentinel}}

In November 2015, a Wisconsin school cancelled plans to read the book I am Jazz, by Jessica Herthel and transgender teen Jazz Jennings, after Liberty Counsel threatened a lawsuit.{{Cite magazine|title=Wisconsin School Cancels Book Reading About Transgender Teen After Lawsuit Threat|url=https://time.com/4128498/wisconsin-school-cancels-transgender-book-lawsuit/|magazine=Time|language=en|access-date=2020-05-29}} The planned reading had been to help the students comprehend what one of their fellow students was going through and to give her support. In response to the cancellation, a public reading of the book was held at the local library the following month, an event that drew an attendance of almost 600 people.{{cite news|url=https://madison.com/wsj/news/local/education/in-response-to-controversy-hundreds-pack-mount-horeb-library-for-reading-of-transgender-book/article_095da109-0caf-534e-9879-3cb4e0c769ee.html|title=In response to controversy, hundreds pack Mount Horeb library for reading of transgender book|newspaper=Wisconsin State Journal|date=December 3, 2015|first=Amanda|last=Finn|access-date=May 29, 2020}} This led to similar reading events held in dozens of public schools, churches, community centers, and libraries in eight states on January 14, 2016,{{cite news|url=https://madison.com/wsj/news/local/education/local_schools/inspired-by-mount-horeb-i-am-jazz-book-is-read-across-the-country-thursday/article_f489c2da-33cd-50a9-ba8f-54879057fe95.html|title=Inspired by Mount Horeb, 'I Am Jazz' book is read across the country Thursday|newspaper=Wisconsin State Journal|date=January 14, 2016|first=Doug|last=Erickson|access-date=May 29, 2020}} and then the recurring annual event "Jazz & Friends", backed by the National Educational Association and the Human Rights Campaign.{{cite news|title=MMSD supports transgender and nonbinary youth with "I Am Jazz" book reading|url=https://www.nbc15.com/content/news/462691773.html|first=Meghan|last=Reistad|date=December 7, 2017|access-date=May 29, 2020}}{{cite web|website=Human Rights Campaign|url=https://www.hrc.org/news/save-the-date-for-jazz-friends-2020|title=Save the Date for "Jazz & Friends" 2020|date=August 29, 2019|access-date=May 29, 2020}}

In March, 2020, Liberty Counsel defended a Florida megachurch pastor who was arrested for "unlawful assembly" after holding church services in violation of a public health emergency order.{{Cite web|last=Parke|first=Caleb|date=March 30, 2020|title=Florida pastor's legal team responds to 'entirely inappropriate' arrest|url=https://www.foxnews.com/us/coronavirus-arrest-florida-pastor-church-update-tampa|access-date=February 5, 2021|website=Fox News|language=en-US}} Charges against the pastor were later dropped after Florida Governor DeSantis declared churches an essential activity.{{Cite web|last=Martin|first=Mark|date=May 15, 2020|title=Charges Dropped Against FL Pastor Rodney Howard-Browne, Arrested for Holding Church During Stay-at-Home Orders|url=https://www1.cbn.com/cbnnews/us/2020/may/charges-dropped-against-fl-pastor-rodney-howard-browne-arrested-for-holding-church-during-stay-at-home-orders|access-date=February 5, 2021|website=CBN News|language=en}}

Liberty Counsel engaged in attempts to overturn the 2020 United States presidential election in favor of Donald Trump after the 2021 storming of the United States Capitol. In an email about the event, Chairman Staver characterized the rioting crowd as "concerned marchers."{{cite web |url=https://www.lgbtqnation.com/2021/01/anti-lgbtq-group-still-praying-god-will-give-donald-trump-miraculous-victory/ |title=Anti-LGBTQ group still praying that God will give Donald Trump "a miraculous victory" |last=Holmes |first=Juwan J. |date=January 8, 2021 |website=LGBTQ Nation}}{{cite web |last1=Staver |first1=Mat |title=The Future Hope of the Republic |url=https://www.lc.org/newsroom/details/20210107the-future-hope-of-the-republic |website=Liberty Counsel |access-date=28 January 2021}} Staver also wrote that Liberty Counsel condemns the violence that broke out.{{Cite web|last=Staver|first=Mathew|date=January 7, 2021|title=The Future Hope of the Republic - Liberty Counsel|url=https://www.lc.org/newsroom/details/20210107the-future-hope-of-the-republic|access-date=2021-02-05|website=Liberty Counsel|language=en-US}}

In March 2021, the organization wrote a letter to the Dean of the Louisiana State University School of Dentistry, Robert Laughlin, denouncing his mandate that all dentistry students receive a vaccine for COVID19, and calling the mandate a violation of religious liberties. This campaign resulted in LSU revising the vaccine mandate.{{Cite web|url=https://www.theadvocate.com/baton_rouge/news/coronavirus/article_759d3766-8d7a-11eb-80b9-27a368dd9d54.html|title = LSU Dental School backtracks, won't require COVID vaccines amid religious liberty concerns| date=25 March 2021 }}

Loyola University refused to grant exemptions to students from its vaccine mandate, but reversed course after Liberty Counsel threatened a lawsuit.{{Cite web|last=Richards|first=Tori|date=August 7, 2021|title=Loyola University students win battle over COVID-19 vaccine|url=https://news.yahoo.com/loyola-university-students-win-battle-110000956.html|access-date=August 17, 2021|website=Yahoo News|language=en-US}}

= Lawsuits =

In 1993, Liberty Counsel sued the Orlando airport over a literature distribution policy that required proof of liability insurance.{{Cite news|last=Banks|first=Adelle|date=April 6, 1993|title=Airport Sued Over Strict Rules On Religious Tracts|work=The Orlando Sentinel|url=https://www.orlandosentinel.com/news/os-xpm-1993-04-08-9304080021-story.html|url-status=live|access-date=July 20, 2020|archive-url=https://archive.today/20200720190528/https://www.orlandosentinel.com/news/os-xpm-1993-04-08-9304080021-story.html|archive-date=July 20, 2020}} The court granted the couple who sought to distribute religious literature a 10-day restraining order allowing them to distribute their material, but refused to extend it beyond the date originally requested. The attorney for the airport said that the couple had not completed the form needed to distribute literature, and that homeowners could generally get the needed insurance for $10.{{cite news|newspaper=Orlando Sentinel|title=Judge's Ruling Puts Halt to Religious Handouts|first=Jim|last=Leusner|date=April 21, 1993}} After the couple filed an appeal, the airport stopped requiring those who want to pass out literature to obtain a $100,000 insurance policy and changed what information was placed on badges that such distributors were required to wear.{{Cite news|last=Banks|first=Adelle|date=May 7, 1993|title=Airport Eases Soliciting Rules|work=The Orlando Sentinel|url=https://www.orlandosentinel.com/news/os-xpm-1993-05-07-9305070020-story.html|url-status=live|access-date=July 20, 2020|archive-url=https://archive.today/20200720195901/https://www.orlandosentinel.com/news/os-xpm-1993-05-07-9305070020-story.html|archive-date=July 20, 2020}}

Liberty Counsel filed a federal lawsuit challenging a 1993 injunction restricting protests near an abortion facility. Liberty Counsel represented the plaintiffs challenging the injunction, which barred protesters from interfering with those entering or exiting an abortion facility within a 36-foot buffer zone. The Florida Supreme Court upheld the injunction but a federal appeals court stuck down the injunction. The case, Madsen v. Women's Health Center, Inc. reached the U.S. Supreme Court, which in 1994 upheld part of the injunction prohibiting protests within 36 feet of the facility and making loud noises, while invalidating the part of the injunction that placed a 300-foot ban on approaching patients or the homes of facility staff, finding that this was too restrictive.{{Cite news|last=Crawford|first=Craig|date=July 1, 1994|title=Court Keeps Protesters at Distance|work=The Orlando Sentinel|url=https://www.orlandosentinel.com/news/os-xpm-1994-07-01-9407010791-story,amp.html|url-status=live|access-date=July 21, 2020|archive-url=https://archive.today/20200720184817/https://www.orlandosentinel.com/news/os-xpm-1994-07-01-9407010791-story,amp.html|archive-date=July 20, 2020}} The Court ruled 6-3 striking down the 300-foot zone around people going in and out of the clinic and striking down the prohibition against images "observable" from inside the clinic.{{Cite web|url=http://media.sbhla.org.s3.amazonaws.com/7803,01-Jul-1994.PDF|title=1994 article (PDF)}} The court upheld the 36-foot buffer zone.[https://www.law.cornell.edu/supct/html/93-880.ZS.html Madsen v. Women's Health Center] - Cornell University An audio recording of the case was made by the Supreme Court.[https://www.oyez.org/cases/1990-1999/1993/1993_93_880/argument Madsen v. Women's Health Center, Inc. - Oral Argument], U.S. Supreme Court Media

In 2000, the group represented eight absentee voters in a lawsuit over recounting ballots for the presidential election.{{Cite web|last=Staff|first=Kevin P. Connolly,Rene Stutzman and Robert Perez of The Sentinel|title=GOP NERVOUSLY KEEPING TABS ON SEMINOLE SUIT|url=https://www.orlandosentinel.com/news/os-xpm-2000-11-22-0011220213-story.html|url-status=live|archive-url=https://archive.today/20200803152714/https://www.orlandosentinel.com/news/os-xpm-2000-11-22-0011220213-story.html|archive-date=August 3, 2020|access-date=2020-08-03|website=OrlandoSentinel.com|date=22 November 2000 |language=en-US}}{{Cite web|last=Bloodsworth|first=Doris|title=SPONTANEOUS RALLIES ARE CAREFULLY STAGED|url=https://www.orlandosentinel.com/news/os-xpm-2000-12-06-0012060243-story.html|url-status=live|archive-url=https://archive.today/20200803152324/https://www.orlandosentinel.com/news/os-xpm-2000-12-06-0012060243-story.html|archive-date=2020-08-03|access-date=2020-08-03|website=OrlandoSentinel.com|date=6 December 2000 |language=en-US}}

In Lawrence v. Texas (2003), the group submitted an amicus curiae brief urging the Supreme Court to uphold a Texas statute that criminalized homosexual sodomy.Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. Texas (NY: W.W. Norton, 2012), 204-5

The Supreme Court agreed to take a case in 2004 regarding displays of Ten Commandments on government property. Liberty Counsel represented Kentucky counties that posted copies in courthouses.{{Cite news|date=2004-10-12|title=Court takes on Commandments case|language=en-GB|url=http://news.bbc.co.uk/2/hi/americas/3737270.stm|access-date=2020-07-20}}

Liberty Counsel represented Dixie County, Florida against the American Civil Liberties Union in a 2007 lawsuit involving a Ten Commandments monument.{{Cite web|title=Ten Commandments stand at Dixie courthouse, after lawsuit is dismissed|url=http://www.gainesville.com/article/20130214/ARTICLES/130219767|access-date=2015-10-26|website=Gainesville.com}}

In 2010, Liberty Counsel filed a lawsuit against Obamacare but the Supreme Court declined to take the case. In 2012, the High Court ordered an appeals court to reconsider the case.{{Cite web|last=Group|first=Sinclair Broadcast|date=2014-07-02|title=Liberty Reacts to 'Hobby Lobby' Ruling|url=https://wset.com/archive/liberty-reacts-to-hobby-lobby-ruling|access-date=2020-07-20|website=WSET}}{{Cite web|title=Supreme Court revives Obamacare challenge|url=http://www.bpnews.net/39226/supreme-court-revives-obamacare-challenge|access-date=2020-07-20|website=Baptist Press|date=26 November 2012 |language=en}}

After New York enacted the Marriage Equality Act, legalizing same-sex marriage in New York, in 2011, Liberty Counsel sued, seeking to invalidate the law. The New York Supreme Court, Appellate Division, rejected Liberty Counsel's claim, and in 2012, the state's highest court declined to hear a further appeal.{{cite news|last=Snow|first=Justin|title=Anti-Gay Group Challenges Marriage Equality In New York|url=http://www.metroweekly.com/poliglot/2012/08/anti-gay-group-challenges-marriage-equality-in-new.html|access-date=20 August 2012|newspaper=Metro Weekly|date=6 August 2012|url-status=dead|archive-url=https://web.archive.org/web/20120817052147/http://www.metroweekly.com/poliglot/2012/08/anti-gay-group-challenges-marriage-equality-in-new.html|archive-date=17 August 2012}}{{cite news|last=Lovett|first=Ken|title=Court of Appeals refuses to hear gay marriage appeal|access-date=October 23, 2012|newspaper=Metro Weekly|url=http://m.nydailynews.com/blogs/dailypolitics/2012/10/court-of-appeals-refuses-to-hear-gay-marriage-appeal|archive-url=https://archive.today/20130104144345/http://m.nydailynews.com/blogs/dailypolitics/2012/10/court-of-appeals-refuses-to-hear-gay-marriage-appeal|url-status=dead|archive-date=January 4, 2013|date=October 23, 2012}}

In 2012, Liberty Counsel unsuccessfully maintained a case{{Cite web|url=http://www.pbs.org/newshour/rundown/2011/05/appeals-court-hears-arguments-in-virginia-health-care-lawsuits.html|archive-url=https://web.archive.org/web/20110518214811/http://www.pbs.org/newshour/rundown/2011/05/appeals-court-hears-arguments-in-virginia-health-care-lawsuits.html|url-status=dead|archive-date=2011-05-18|title=Appeals Court Hears Virginia Health Care Reform Challenges | The Rundown News Blog | PBS NewsHour | PBS|website=PBS |date=May 18, 2011}} at the Fourth Circuit Court of Appeals in Richmond, Virginia on behalf of Liberty University against the Affordable Care Act. On July 12, 2013, the appeals court upheld the constitutionality of the Affordable Care Act over Liberty's arguments against the "employer mandate."{{Cite web|url=http://www.ca4.uscourts.gov/Opinions/Published/102347A.P.pdf|title=Liberty University v. Lew (PDF)}}

In the case of Miller v. Davis, Liberty Counsel represented Rowan County (Kentucky) Clerk Kim Davis, an Apostolic Christian who in 2015, stopped issuing marriage licenses after the Supreme Court ruled that same-sex couples have the right to marry. She lost an earlier ruling in 2015{{cite news|last1=Justin|first1=Wm. Moyer|title=Federal judge orders Christian clerk to issue same-sex marriage licenses|url=https://www.washingtonpost.com/news/morning-mix/wp/2015/08/13/federal-judge-orders-christian-clerk-to-issue-same-sex-marriage-licenses/|access-date=17 August 2015|newspaper=Washington Post|date=13 August 2015}} and in 2016, the 6th Circuit Court of Appeals dismissed an injunction against her at the request of Liberty Counsel after a new Kentucky law was passed that made the case moot. At the same time, they refused to vacate a contempt decree against her.{{Cite news|url=http://www.wlwt.com/news/court-grants-clerk-kim-davis-request-to-drop-appeal/40694052|title=WLWT5|date=July 13, 2016|access-date=July 29, 2016}} Liberty Counsel filed for a stay pending appeal with the U.S. Supreme Court, which refused to hear the case.{{Cite web|last=Wynn|first=Mike|title=Rowan gay marriage licenses upheld on appeal|url=https://www.courier-journal.com/story/news/2015/08/26/appeals-court-denies-stay-rowan-co-clerk/32426123/|access-date=2020-07-20|website=The Courier-Journal|language=en-US}}{{cite news |last=Liptak |first=Adam |author-link=Adam Liptak |url=http://nyti.ms/1hsPEp8 |title=Supreme Court Says Kentucky Clerk Must Let Gay Couples Marry |date=August 31, 2015 |work=The New York Times |access-date=August 31, 2015}} The case was dismissed as moot on April 19, 2016.{{Cite web|title=Miller v Davis {{!}} Judiciaries {{!}} Government|url=https://www.scribd.com/document/310025455/Miller-v-Davis|access-date=2020-07-20|website=Scribd|language=en}}

Liberty Counsel also represented former Kentucky county clerk Kim Davis who has fought issuing any marriage licenses because she did not want to issue licenses to same-sex couples based on her religious objection.[https://www.npr.org/sections/thetwo-way/2015/08/31/436431204/kentucky-clerk-s-request-for-a-stay-is-denied-by-u-s-supreme-court Kentucky Clerk's Request For A Stay Is Denied By US Supreme Court] NPR{{Cite web|date=2019-08-23|title=Couples denied marriage licenses can sue Kim Davis|url=https://www.mercurynews.com/2019/08/23/couples-denied-marriage-licenses-can-sue-kim-davis/|access-date=2020-05-15|website=The Mercury News|language=en-US}} The case was petitioned before the U.S. Supreme Court, which denied certiorari in October 2020.{{Cite news|date=2020-10-05|title=Supreme court rejects appeal from clerk who refused to register gay marriage|language=en|url=http://www.theguardian.com/us-news/2020/oct/05/supreme-court-kentucky-same-sex-marriage-kim-davis|access-date=2020-10-08}} The issue before the Court was her qualified immunity defense.{{Cite web|last=Howe|first=Amy|date=October 5, 2020|title=Justices issue new orders from last week's conference; Thomas criticizes same-sex marriage ruling|url=https://www.scotusblog.com/2020/10/justices-issue-new-orders-from-last-weeks-conference-thomas-criticizes-same-sex-marriage-ruling/|access-date=October 8, 2020|website=SCOTUSblog|language=en}}

After a Massachusetts public library denied Liberty Counsel's requests in 2013 and 2015 to use a meeting room for prayer, singing hymns, and presenting Christian ideas, the group sued. The library then changed its policy to allow religious and political viewpoints.{{Cite web|last=Troknya|first=Mark|date=April 28, 2016|title=Library Meeting Room Conflicts|url=http://publiclibrariesonline.org/2016/04/library-meeting-room-conflicts/|access-date=2020-10-08|website=Public Library Association|language=en}}

In 2021, a federal appeals court ruled in favor of Liberty Counsel's client, Jackson County, Indiana, by upholding a Christmas display including a Nativity scene in front of a county building. After the Freedom From Religion Foundation demanded that Jackson County remove the Nativity scene, the ACLU filed suit on behalf of a taxpayer. The ACLU won in the lower court, but was reversed on appeal.{{Cite web|last=Magdaleno|first=Johnny|date=February 4, 2021|title=Nativity scene OK in front of Jackson County Courthouse, federal appeals court rules|url=https://www.msn.com/en-us/news/crime/nativity-scene-ok-in-front-of-jackson-county-courthouse-federal-appeals-court-rules/ar-BB1dkDix|access-date=February 4, 2021|website=www.msn.com}}

In May 2021, California Governor Gavin Newsom agreed to pay $1,350,000 to Liberty Counsel for attorneys fees and costs in a case brought on behalf of Harvest Rock Church and Harvest Rock International Ministries. The settlement includes a statewide injunction against California's COVID-19 restrictions on places of worship.{{Cite web|last=Mayberry|first=Carly|date=May 20, 2021|title=Pasadena's Harvest Church wins lawsuit against Gavin Newsom, lifting worship restrictions|url=https://www.newsweek.com/pasadenas-harvest-church-wins-lawsuit-against-gavin-newsom-lifting-worship-restrictions-1593096|access-date=May 24, 2021|website=Newsweek|language=en}}{{Cite web|last=Blankley|first=Bethany|date=May 18, 2021|title=California settles lawsuits over COVID worship restrictions|url=https://www.msn.com/en-us/news/us/california-settles-lawsuits-over-covid-worship-restrictions/ar-BB1gSApP|access-date=May 24, 2021|website=Microsoft News}}

In late 2021, Liberty Counsel filed suit in Florida on behalf of members of the U.S. military who had religious objections to taking COVID-19 vaccinations. The lawsuit claims that military rules permitted medical exemptions but not religious exemptions violates the First Amendment and the Religious Freedom Restoration Act.{{Cite web |last=Myers |first=Meghann |date=February 18, 2022 |title=Could the Supreme Court strike down the military's vaccination mandate? |url=https://www.militarytimes.com/news/pentagon-congress/2022/02/18/could-the-supreme-court-strike-down-the-militarys-vaccination-mandate/ |access-date=2022-05-05 |website=Military Times |language=en}}

On May 2, 2022, the U.S. Supreme Court issued a unanimous 9–0 decision in favor of Liberty Counsel's client that had been prevented from flying a Christian flag in Boston.{{Cite web |last=Fritze |first=John |title=Supreme Court: Boston can't deny Christian flag if it flies other flags on City Hall flagpole |url=https://www.usatoday.com/story/news/politics/2022/05/02/supreme-court-boston-cant-deny-flying-christian-flag-flagpole/6916444001/ |access-date=2022-05-03 |website=USA TODAY |language=en-US}} The Court held that the city violated the constitution by approving 284 applications to use its flagpole in the city plaza, but refusing to allow a Christian group to fly its flag. Although Boston contended that the flags were "government speech" and not private speech protected by the First Amendment, the Supreme Court disagreed.{{Cite web |last= |first= |date=2022-05-02 |title=Boston's ban on Christian group's flag at city hall illegal, US supreme court rules |url=https://www.theguardian.com/us-news/2022/may/02/supreme-court-boston-christian-flag-camp-constitution |access-date=2022-05-05 |website=The Guardian |language=en}}

List of U.S. Supreme Court cases:

Founder

Liberty Counsel's founder, Mathew Staver, was dean of Liberty University School of Law for eight-and-a-half years. He worked to start the school with Jerry Falwell, Sr.{{Cite web |last=Anderson |first=Lisa |date=May 21, 2007 |title=Falwell saw law school as tool to alter society |url=https://www.chicagotribune.com/news/ct-xpm-2007-05-21-0705210067-story.html |access-date=2022-05-05 |website=Chicago Tribune |language=en}}{{Cite web|title=President announces resignation of Liberty Law Dean Mat Staver {{!}} Liberty University|url=https://www.liberty.edu/news/index.cfm?PID=18495&MID=132382|website=www.liberty.edu|date = 20 October 2014|language=en|access-date=2020-05-15}}

Related organizations

Liberty Counsel currently or previously had interlocking boards with other organizations.

  • Luke 1827 Foundation Inc.
  • Liberty Counsel Action (FL)
  • Liberty Counsel Action (VA)
  • Freedom Federation Inc.
  • Liberty Action PAC Inc.
  • Liberty Mission Trust
  • Liberty Action Mission Trust
  • Freedom Mission Trust
  • Salt and Light Council

See also

Publications

  • Judicial Tyranny - The Faith & Freedom Series - {{ISBN|0-9662079-1-2}}
  • Eternal Vigilance - Knowing and Protecting Your Religious Freedom - {{ISBN|0-8054-4000-3}}
  • Faith and Freedom: A Complete Handbook for Defending Your Religious Rights - {{ISBN|0891078355}}
  • Religious Expression in the Public Schools - {{ISBN|0966207955}}
  • Same-Sex Marriage - Putting Every Household at Risk - {{ISBN|0-8054-3196-9}}
  • Take Back America - {{ISBN|0966207971}}

Notes

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References

{{Reflist|30em}}