Law and Policy Update: Aug-Sept 2024

In the Highest Courts of the Land

Where the the highest courts in the land addressed issues impacting faith and freedom, we were there.

U.S. Supreme Court Cases

• Coalition Life v. Carbondale (24-57) (representing Life Legal Defense, Right to Life (MI); and the Wagner Center) Brief filed in support of Petitioner challenging law making it a crime to express a pro-life viewpoint on the topic of abortion while on a public sidewalk in proximity to an abortion clinic.  Whether the Court should overrule the holding in Hill v. Colorado that improperly enables government to prohibit and punishing speech with which it disagrees — and why the doctrine of stare decisis does not require adherence to the incorrect holding of that case? Read Prof. Wagner’s Supreme Court Brief Here.
• Little v. Hecox (24-38) (representing university president and the Wagner Center) Brief filed in support of Petition for Certiorari seeking to protect women in sports.  Whether Men should be allowed to compete against women in women’s sports?
• West Virginia v. BPJ (24-43) (representing university president and the Wagner Center) Brief filed in support of Petition for Certiorari seeking to protect women in sports.  Whether Men should be allowed to compete against women in women’s sports? Read Prof. Wagner’s Supreme Court Brief Here.
• FDA et al. v. Alliance for Hippocratic Medicine, et al. (23-235) (2024) Read Prof. Wagner’s Supreme Court Brief Here
• Danco Laboratories v. Alliance for Hippocratic Medicine et al. (23-236)(2024) (representing Ob/Gyn physicians and the Wagner Faith & Freedom Center) Brief filed supporting a consolidated challenge to FDA authorization of a drug designed with the singular purpose of killing an innocent human life.
• We the Patriots USA, et al. v Connecticut Office of Early Childhood Development, et al. (23-643) (2024) (representing Wagner Faith & Freedom Center) Brief filed in support of religious people challenging government action requiring them to be vaccinated in violation of their sincerely held religious conscience due to the vaccine’s development connection with abortion.
• Moyle, Speaker of the Idaho House of Representatives et al. v. United States (23-726) (2024) representing Stanton International). Brief filed opposing federal action requiring physicians to perform elective abortions.
• Debra A. Vitagliano v. County of Westchester, N.Y. (23-74) (2023) (representing Wagner Faith & Freedom Center and Right to Life – MI). Brief filed in support of Petitioner challenging law making it a crime to express a pro-life viewpoint on the topic of abortion while on a public sidewalk in proximity to an abortion clinic.  Whether the Court should overrule the holding in Hill v. Colorado that improperly enables government to prohibit and punishing speech with which it disagrees — and why the doctrine of stare decisis does not require adherence to the incorrect holding of that case?
• Brian Tingley v. Attorney General of Washington (22-942) (2023) (representing Wagner Faith & Freedom Center) Brief filed in support of professional counselor where state interfered with the counselor’s First Amendment liberty by requiring him to renounce his Christian expression, conscience, identity, and beliefs, or face professional discipline.  Whether the free exercise of religious expression is a fundamental constitutional right that limits generally applicable government laws?
• College of the Ozarks v. Joe Biden, et al., (22-816) (2023). (representing Wagner Faith & Freedom Center and the American Association of Christian Schools), Brief filed in support of Christian University where state interfered with the free exercise of religious conscience by requiring Christian universities to allow biological men identifying as women to shower and room with biological women. Whether the government conduct here (failing to give statutorily required notice and hearing so as to allow citizen participation in the government’s rule-making) provides sufficient reason to challenge the government action?

U.S. Court of Appeals Cases

• State of TN; Christian Educators Assoc v Cardona (6th Cir) (24-5588) Brief filed in support of defining sex base on a person’s objective biology rather than self-identified gender.
• Kansas v. U.S. Dept of Ed. (10th Cir) Brief filed in support of defining sex base on a person’s objective biology rather than self-identified gender.
• State of LA v U.S. Dept of Ed. (5th Cir) Brief filed in support of defining sex base on a person’s objective biology rather than self-identified gender.
• Sacred Heart of Jesus v Dana Nessel, et al. (23-1781) Wagner Faith & Freedom Center amicus in support of appellant religious school.  1) Operating a Religious Organization in Accordance with that Organization’s Religious Doctrine is Not Invidious, Irrational or Arbitrary Discrimination; 2) Ministerial Employees are the “Lifeblood” of a Religious Organization Because They are Critical to the Organization’s Ability to Pursue its Mission and Disseminate its Message; 3) The Ministerial Exception Safeguards a Trilogy of Core First Amendment Rights – Speech, Association and Religion; 4) Every Religious Association is Entitled to Define its Mission and Select Representatives to Disseminate its Message; 5) A Religious School Speaks a Message Inextricably Linked to its Mission. The School Must Retain the Exclusive Right to Select the Messenger; 6) A Religious Association Conveys its Message Not Only Through Speech, But Also the Conduct of its Representatives
• Littlejohn v. School Bd of Leon Co. FLA (23-10385) (11th Cir) Parental Rights Foundation amicus in support of parents. Whether the District Court erred in ruling that the right of parents to direct the upbringing, education, and care of their children is not clearly established as a fundamental right?
• Foote, et al. v. Town of Ludlow, et al., (23-106) (1^st Cir.) Parental Rights Foundation amicus in support of parents challenging public school policy that prohibits school from informing parents in matters where the school is assisting child to permanently change their sex.  Whether the government school’s policy unconstitutionally infringes on a Christian parent’s constitutional right to control and direct the upbringing of their child.

State Supreme Court Cases

• In Re Bates (2024) (Michigan) representing HSLDA and Parental Rights Foundation. Whether the right of a parent to direct and control the upbringing of their child is a fundamental right of the highest order?
• In the Matter of D.N. Dailey (2024) (Michigan) representing HSLDA and Parental Rights Foundation. Whether the right of a parent to direct and control the upbringing of their child is a fundamental right of the highest order?
• Scardina v. Masterpiece Cakeshop, Inc and Jack Phillips., (2023) (Colorado) representing members of the Colorado legislature in support of Christian baker repeatedly facing government sanction for exercising sincerely held religious conscience.  Whether the government action yet again violates the First Amendment to the U.S. Constitution.
• Scardina v. Masterpiece Cakeshop, Inc and Jack Phillips., (2023) (Colorado) representing members of the Colorado legislature in support of Christian baker repeatedly facing government sanction for exercising sincerely held religious conscience.  Whether the Court should grant review to determine whether the government action yet again violates the First Amendment to the U.S. Constitution.

Federal Executive Actions Impacting Christian Citizens

Federal Executive Actions impact Christian citizens. When these actions impact faith and freedom, we show up and let you know. Recent executive orders from the White House and other Federal Executive actions include:

• Title IX Final Regs 2024 (redefining sex discrimination to allow men to use women’s facilities
• A Proclamation on Transgender Day of Visibility 2024
• A Proclamation on National Child’s Day 2023 (promoting LGBTQ+ gender transition; climate change, and gun control) (November 17, 2023)
• A Proclamation on National Adoption (October 31, 2023)
• A Proclamation on International Day of the Girl (October 10, 2023)
• Executive Order on the Continuance of Certain Federal Advisory Committees and Amendments to Other Executive Orders (September 29, 2023)
• A Proclamation on National Hunting and Fishing Day, 2023 (September 22, 2023)
• A Proclamation on Constitution Day (September 15, 2023)
• A Proclamation on Women’s Equality Day, 2023 (August 25, 2023)
• Executive Order on Strengthening Access to Affordable, High-Quality Contraception and Family Planning Services (June 23, 2023)
• A Proclamation on Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Pride Month, 2023 (May 31, 2023)
• A Proclamation on National Women’s Health Week, 2023 (May 12, 2023)
• A Proclamation on Revoking the Air Travel COVID-⁠19 Vaccination Requirement (May 9, 2023)
• Executive Order on Revitalizing Our Nation’s Commitment to Environmental Justice for All (April 21, 2023)
• Rule Rescinding Religious Freedom Protections for Student Organizations in Higher Education, Department of Education, ED-2023-OPE-0029 (March 2023)
• Rule Weakening Partnerships with Faith-Based Organizations, Department of Education, RIN 1840-AD467 (March 2023)
• Rule Weakening Partnerships with Faith-Based Organizations, Department of Homeland Security, RIN 1601-AB02 (March 2023)
• Rule Weakening Partnerships with Faith-Based and Neighborhood Organizations, Department of Agriculture, RIN 0510-AA008 (March 2023)
• Rule Weakening Partnerships with Faith-Based Organizations, Agency for International Development, RIN 0412-AB10 (March 2023)
• Rule Weakening Partnerships with Faith-Based Organizations, Department of Housing and Urban Development, RIN 2501-AD91 (March 2023)
• Rule Weakening with Faith-Based Organizations, Department of Justice, RIN 1105-AB64 (March 2023)
• Rule Weakening Partnerships with Faith-Based Organizations, Department of Labor, RIN 1290-AA45 (March 2023)
• Rule Weakening Partnerships with Faith-Based Organizations, Department of Veterans Affairs, RIN 2900-AR23 (March 2023)
• Rule Weakening Partnerships with Faith-Based Organizations, Department of Health & Human Services, HHS_FRDOC_0001 (March 2023)
• Access to Abortion Services to kill unborn living child, Executive Order 14079 of August 3, 2022
• Protecting Access To Abortion Services to kill unborn living child, Executive Order 14076 of July 8, 2022
• Advancing Equality for Lesbian, Gay, Bi-sexual, Transgender, Queer, and Intersex lifestyles, Executive Order 14075 of June 15, 2022
• Federal Contracting – Promoting Pay Equity, Executive Order 14069 of March 15, 2022
• White House Initiative on Advancing Educational Equity etc for Black Americans, Executive Order 14050 of October 19, 2021
• White House Initiative on Advancing Educational Equity etc for Hispanic Americans, Executive Order 14045 of September 13, 2021
• White House Initiative on Advancing Educational Equity etc through historically Black Colleges and Universities, Executive Order 14041 of September 3, 2021
• Diversity, Equity, Inclusion, etc in American Workforce, Executive Order 14035 of June 25, 2021
• Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders, Executive Order 14031 of May 28, 2021
• Establishing a Presidential Commission on the Supreme Court of the United States, Executive Order 14023 of April 9, 2021
• Guaranteeing Educational Environment with special protections on the basis of sex, sexual orientation, gender identity, Executive Order 14021 of March 8, 2021
• Establishing Whitehouse Gender Policy Council,  Executive Order 14020 of March 8, 2021
• Revoking Executive Orders issued during the previous Administration (e.g., EO to eliminate poverty), Executive Order 14018 of February 24, 2021
• Revoking/ Changing Faith-based initiatives issued during previous administration, Executive Order 14015 of February 14, 2021 – Amends: EO 13198, January 29, 2001; EO 13279, December 12, 2002; EO 13280, December 12, 2002, EO 13342, June 1, 2004; EO 13397, March 7, 2006; Revokes: EO 13831, May 3, 2018)
• Enabling service in U.S. Military and the basis of self-identified gender identity, Executive Order 14004 of January 25, 2021
• Encouraging Union Organizing, Executive Order 14003 of January 22, 2021
• Ensuring an Equitable Pandemic Response, Executive Order 13995 of January 21, 2021 
• Providing special protections on the basis of gender and gender identity, Executive Order 13988 of January 20, 2021
• Counseling to abort unborn child via VA, funded by taxpayers: AR57-Interim Final Rule
• Revoking Executive Orders issued during the previous Administration:  Executive Order 13925  (Preventing Online Censorship), Executive Order 13933 (Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence), Executive Order 13934  (Building and Rebuilding Monuments to American Heroes), Executive Order 13964  (Rebranding United States Foreign Assistance To Advance American Influence), Executive Order 13978  (Building the National Garden of American Heroes), and Executive Order 13980 (Protecting Americans From Over-criminalization Through Regulatory Reform).
• Revoking the 1776 Commission combating race and sex stereotyping, The new EO rejects equality of opportunity and instead advances equity outcomes
• Requiring military to allow biological/ anatomical men who identify as women, and vice versa, to serve openly in U.S. military.
• Creating special Rights on the basis of sexual orientation, gender identity, directing agencies to review current regulations.  The EO allows biological/ anatomical men who identify as women, and vice versa, access to restrooms, locker rooms and school sports of the opposite sex.
• Various Executive Orders advancing “Equity” principles over Equality (undermining the truth that all are made in the image of God and are therefore worthy and entitled to be treated with dignity, fairness, and respect)  Executive Order 14050; Executive Order 14049; Executive Order 14045;
• Shot mandates subject to First Amendment Free Exercise of Religious Conscience: Federal Employees;  Federal Contractors    

State Executive Actions Impacting Christian Citizens

• Executive Branch establishes LGBTQ Commission
• Pro-Abortion Executive Directive Prohibiting Michigan Departments from Cooperating With Law Enforcement
• Click here for a summary of State Executive Actions

Matters Pending Before U.S. Congress and State Legislature, etc.

Additionally, many matters pending before the U.S. Congress and your State Legislature impact Christian people.

---

Special Alert

U.S. Department of Education enacts new rules under Title IX redefining sex to allow men to use women’s bathrooms, showers, dorm rooms, etc. Schools are now passing new rules pursuant to this new law even though Federal Courts have enjoined institutions from doing so (given that ED enacted the rule without constitutional or statutory authority. The U.S. Court of Appeals for the 6th Circuit upheld an injunction enjoining the U.S. Department of Education from enforcing its new Rule in Tennesssee. The 6th Circuit includes Michigan, but the injunction in this case does not apply to Michigan Schools. The United States District Court for the District of Kansas though, also enjoined the ED’s enforcement of its new Title IX rule — and the injunction includes Michigan schools with parent-members of the group suing the Department of Ed. See below for Professor Wagner’s recent testimony before the US Department of Education opposing the overruling of biology as the basis for public policy in this area:

Michigan Legislature and State AG proposing to regulate fit parents and their educational choices. Here is Prof. Wagner’s analysis, originally published in the Detroit News.

Michigan Governor signs law making young human beings property and allowing for contracts to buy and sell human beings. The law passed the House and the Senate. Here is Prof. Wagner’s non-partisan personal testimony in opposition.

---

Legislative Trackers

Good Governance	Protecting marriage & family	Value of Human Life	Religious Liberty
(1 Peter 2:13-17)	(Genesis 2:24; Psalm 127:3)	(Genesis 1:27)	(Jude 1:3-4)

International

We provided counsel and analysis to the churches of Trinidad and Tobago as they participate in the redrafting of the country’s constitution.

Public Comment Before Michigan Supreme Court

• Amendment of Rule 1.109 of the Michigan Court Rules now directs judges to use pronouns preferred by parties and attorneys, even when doing so requires the judge to lie) Go HERE to hear Prof. Wagner’s testimony before the Supreme Court

Prof. Wagner’s and team’s Recent Testimony/Gov. Presentations/ Written Evidence

• Title IX Rules enjoined by Federal Courts – non-partisan testimony before the Grand Ledge School District (August 13, 2024)
• Critical Theory and the American Constitution – non-partisan testimony before the Jackson Intermediate School District Board (May 21, 2024)
• Statement and Recommendation to National Advisory Committee on Constitutional Reform.  by the Trinidad & Tobago Evangelical Council, functioning under the umbrella of the Evangelical Association of the Caribbean as part of the World Evangelical Alliance, (a global ecclesiastical fellowship, instituted in 1846, with alliances on every continent around the world, representing over 400 million evangelicals) (2024).
• Surrogacy Bill Package II – Do not Make Human Beings Property; Do not Sell Human Beings, non partisan testimony before the Michigan Senate Committee on Civil Rights, Judiciary, & Public Safety (March 7, 2024)
• HB 5400; HB 5401 – Preserving First Amendment Protections for Religious Expression and Free Speech, non partisan written testimony provided to the Michigan House of Representatives Judiciary Committee (February 2024)
• On the Executive Branch’s Proposed Commitment to the WHO Agreement on Pandemic Prevention, Preparedness, and Response, non partisan written comment submitted to the U.S. Health and Human Services Department (January 21, 2024) (RIN: 0955-AA03)
• SB 600, SB 601; Preserving First Amendment Protections for Religious Expression and Free Speech, non partisan counsel provided to select member of the Michigan Senate (January 2024)
• HB 4085-4086; Preserving Parental Rights & Protecting Children; non partisan counsel provided to select member of the Michigan Senate on runaway youth bill package (January 2024)
• On Proposed Rulemaking, Safe and Appropriate Foster Care Placement Requirements for Titles IV-E and IV-B, non partisan written comment submitted to the U.S. Children’s Bureau (CB), Administration on Children Youth and Families (ACYF), Administration for Children and Families (ACF), and Department of Health and Human Services (HHS) (November 27, 2023) (RIN: 0970-AD03)
• Surrogacy Bill Package – Do not Make Human Beings Property; Do not Sell Human Beings, non-partisan testimony before the Michigan legislature. (November 1, 2023)
• SB 305; SB 396; SB 463 Good Governance and Parental Guidance in Education, non-partisan testimony before the Michigan House of Representatives Committee on Education. (October 25, 2023)
• SB 474; SB 475; SB 476; SB 477; SB 593 Protecting the Sanctity of Life, non-partisan testimony, on proposal to deregulate abortion, repeal bans on partial birth abortion, infanticide, and remove reporting for good governance before the Michigan Senate Housing and Human Services Committee. (October 17, 2023)
• SB 474; SB 475; SB 476; SB 477 Protecting the Sanctity of Life, non-partisan testimony, on proposal to deregulate abortion, remove coercion screening, informed consent, reporting standards for good governance, and bans on late-term abortion before the Michigan Senate Housing and Human Services Committee. (October 10, 2023)
• On Proposed Rulemaking, Pregnant Workers Fairness Act  written comment submitted to the U.S. Equal Employment Opportunity Commission, RIN 0955-AA03 (September 29, 2023)
• HB 4085; HB 4086 Protecting Children and Parents & Preserving the Family, non-partisan testimony, on proposal to shelter and provide for runaway youth without parental knowledge or consent and without due process; before the Michigan House of Representatives Health Policy Committee. (September 25, 2023)
• HB 4949; HB 4950; HB 4951; HB 4952; HB 4953; HB 4954; HB 4954;  HB 4955; HB 4956; HB 4957; HB 4958; HB 4959; Protecting the Sanctity of Life, non-partisan testimony, on proposal to deregulate abortion, remove coercion screening, informed consent, reporting standards for good governance, and bans on partial birth abortion and infanticide; require private insurance and publicly funded insurance to cover elective abortion; before the Michigan House of Representatives Health Policy Committee. (September 20, 2023)
• HB 4949; HB 4950; HB 4951; HB 4952; HB 4953; HB 4954; HB 4954;  HB 4955; HB 4956; HB 4957; HB 4958; HB 4959; Protecting the Sanctity of Life, non-partisan testimony, on proposal to deregulate abortion, remove coercion screening, informed consent, reporting standards for good governance, and bans on partial birth abortion and infanticide; require private insurance and publicly funded insurance to cover elective abortion; before the Michigan House of Representatives Committee on Families, Children, and Seniors. (September 13, 2023)
• HB 4474; HB 4475 Preserving Freedom of Speech, non-partisan testimony, on proposal to criminalize speech, before the Michigan House of Representative Criminal Justice Committee. (June 13, 2023)
• SB 348; SB 349 Fighting for Freedom of Expression, non-partisan written testimony, on proposed SOGI censorship law for counselors, before the Michigan Senate Health Policy Committee & Housing and Human Services Committee (June 7-8, 2023)
• HB 4616; HB 4617 Fighting for Freedom of Expression, non-partisan written testimony, on proposed SOGI censorship law for counselors, before the Michigan House of Representatives Health Policy Subcommittee on Behavioral Health (June 7-8, 2023)
• HB 4474; HB 4475 Preserving Freedom of Speech, non-partisan written testimony, on proposal to criminalize speech, before the Michigan House of Representative Criminal Justice Committee. (June 6, 2023)
• On Proposed Rulemaking: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams, written comment submitted to Department of Education, ED-2022-OCR-0143  (May 15, 2023)
• HB 152: Preserving the Freedom to Educate and the Right of Christian Parents to Direct the Upbringing of their Children, non-partisan written testimony before the Louisiana House of Representatives, Committee on civil law and procedure. (May 8, 2023)
• HB6: Preserving the Freedom to Educate and the Right of Christian Parents to Direct the Upbringing of their Children, non-partisan written testimony before the Alabama House of Representatives, Committee on the Judiciary (April 12, 2023)
• Amending the Constitution – Empowering Parents to Protect Children’s Education, presented at various congressional offices at the U.S. House of Representative (March 28, 2023)
• On Motion to the U.S. Supreme Court, appeared before the U.S. Supreme Court, moving admission to the Court of eleven members of the Religious Liberty Law Section of the Michigan Bar. (March 21, 2023)
• Opposing Proposed Amendment of Rule 1.109 of the Michigan Court Rules (requiring judges to use pronouns preferred by parties and attorneys, even when doing so requires the judge to lie) – Written Comment Prepared for the Michigan Supreme Court (2023)
• SB 147 Forcing Christians to Participate and Pay For Abortions of Others is Wrong, written testimony before the Michigan Senate Committee on Civil Rights, Judiciary, and Public Safety. (March 15, 2023)
• Opposing Proposed Rescission of Religious Freedom Protections for Student Organizations in Higher Education, written comment submitted to Department of Education, ED-2023-OPE-0029 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Department of Education, RIN 1840-AD467 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Department of Homeland Security, RIN 1601-AB02 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Department of Agriculture, RIN 0510-AA008 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Agency for International Development, RIN 0412-AB10 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Department of Housing and Urban Development, RIN 2501-AD91 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Department of Justice, RIN 1105-AB64 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Department of Labor, RIN 1290-AA45 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Department of Veterans Affairs, RIN 2900-AR23 (March 2023)
• Opposing Proposed Rulemaking, Partnerships with Faith-Based and Neighborhood Organizations, written comment submitted to Department of Health & Human Services, HHS_FRDOC_0001 (March 2023)
• Stop Harming and Start Protecting – Written petition to the Negotiators at the United Nations Commission on the States of Women (opposing proposals advancing the sexualizing of children and unrestricted abortion) (2023)
• Fix the Injustice – Written petition to the Port Wentworth City Council in support of Police Officer against whom the city discriminated based on the Officers exercise of religious conscience.
• SB 4 -How Proposed SOGI Amendments Infringe on Constitutionally Protected Freedoms, presented to the Michigan Senate Committee on Civil Rights, Judiciary, and Public Safety. (2023)
• HB 4003 -How Proposed SOGI Amendments Infringe on Constitutionally Protected Freedoms, presented to the Michigan House of Representatives Judiciary Committee. (2023)
• Sb 2, 37, 38, and 39 Protecting Human Life or Infanticide, presented to the Michigan Senate Committee on Health Policy (2023)
• HB 4006, 4031, 4032 Protecting Human Life or Infanticide, presented to the Michigan House of Representatives Committee on the Judiciary (2023)
• SB 18 Remembering the Past – Korematsu, presented to the Michigan Senate Committee on Civil Rights, Judiciary, and Public Safety.
• Addressing the Character of Julie Rikelman nominated as U.S. Circuit Judge to the First Circuit U.S. Court of Appeals – Written testimony before the United States Senate Committee on the Judiciary (2023)
• Addressing the Character of Nancy Abudu, nominated as U.S. Circuit Judge to the First Circuit U.S. Court of Appeals – Written testimony before the United States Senate Committee on the Judiciary (2023)

Corporate Communications

• Fairness Requires Cessation of Censorship – Written petition to AT&T and Direct TV in response to the corporate decision to drop Newsmax, because its news coverage includes Christian viewpoints.

---

Prayer Guide

Good Governance

“Be subject for the Lord’s sake to every human institution, whether it be to the emperor as supreme, or to governors as sent by him to punish those who do evil and to praise those who do good. For this is the will of God, that by doing good you should put to silence the ignorance of foolish people. Live as people who are free, not using your freedom as a cover-up for evil, but living as servants of God. Honor everyone. Love the brotherhood. Fear God. Honor the emperor.” (1 Peter 2:13-17)

• Pray that God will raise up Godly men and women to serve in government agencies, the legislature and the judicial system at both the state and federal levels.
• Pray that governmental, legislative and judicial leaders that don’t currently have a personal relationship with Jesus Christ would experience a spiritual revival and turn to Christ.
• Pray that any attempts to limit an individual’s rights especially in regards to religious expression, marriage, family and personal property would be thwarted.
• Pray that believers would have courage to boldly protect and speak out against any proposed rules, policy or legislation that would infringe on an individual’s God-given rights.
• Pray that believers would commit to regularly loving, honoring and serving their leaders.

Protection of Traditional Marriage and the Family

“Therefore, a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh.” Genesis 2:24

“Behold, children are a heritage from the LORD, the fruit of the womb a reward. Like arrows in the hand of a warrior are the children of one’s youth. Blessed is the man who fills his quiver with them! He shall not be put to shame when he speaks with his enemies in the gate.”  Psalm 127:3

• Pray that legislation, regulations and policy that serve to break down the institutions of traditional marriage and the family would be blocked.
• Pray that God would protect Christian marriages and families and that they would serve as a light to those who are need of a personal relationship with Jesus Christ.
• Pray believers will boldly stand-up against attempts to indoctrinate children and youth through the educational system in values that are contrary to the Biblical view of marriage and the family.
• Pray for protection for pastors, educators, governmental leaders and business leaders who uphold the values of traditional marriage and the family.
• Pray for Christian parents to have wisdom as they disciple their kids in Biblical values related to marriage and family in a secular culture.
• Pray for believers to live a righteous life that is pleasing to the Lord and free from the entanglements of pornography and sexual sins. Pray for a repentant heart for those who are caught in the cycle of sexual sin and the strength to seek the Christian professional help they need to experience freedom.

Value of Human Life

“So God created man in his own image, in the image of God he created him; male and female he created them.” (Genesis 1:27)

• Pray that our culture would grasp and uphold the value of all human life born and unborn.
• Pray that Roe v. Wade would not return under the guise of state constitutional and statutory law
• Pray that state legislatures would be successful in adopting laws that protect all human life from the womb to the grave.
• Pray that the Body of Christ would experience unity as we view every person as a beautiful and valuable creation designed in God’s image.
• Pray that those who are victims of human trafficking are rescued and restored through the hope of Christ and those who are committing the crimes of human trafficking are captured and brought to justice.

Religious Liberty

“Beloved, although I was very eager to write to you about our common salvation, I found it necessary to write appealing to you to contend for the faith that was once for all delivered to the saints. For certain people have crept in unnoticed who long ago were designated for this condemnation, ungodly people, who pervert the grace of our God into sensuality and deny our only Master and Lord, Jesus Christ.” (Jude 1:3-4)

• Pray that any attempt to pass laws or regulations that would limit the practice of religious freedom and expression would be thwarted.
• Pray that attempts to censor the voices of believers would be unsuccessful. That the truth of the Gospel would continue to be boldly proclaimed in our nation.
• Pray that evangelical churches would remain true to the fidelity of scripture. That they would not allow cultural beliefs and ideologies to taint the power and truth of God’s Word.
• Pray that God would strengthen, encourage and protect pastors as they preach God’s Word and shepherd their churches. Pray that pastors would boldly proclaim the Gospel and not compromise the truth of God’s Word even when pressured by the culture and governmental leaders and policies.
• Pray that believers would carefully study and obey God’s Word on a regular basis.
• Pray that our nation would experience a spiritual revival and turn back to God and His Word.

---

Freedom to Educate Updates

Here are recent updates from the American Association of Christian Schools (aacs.org) and the Council for Christian Colleges & Universities (cccu.org)

Financial Value Transparency / Gainful Employment

The final regulations on Financial Value Transparency and Gainful Employment, became effective July 1, 2024 (88 FR 70004). On August 8, the Department sent its official student completer list to schools. This is a draft list that identifies the cohorts of students whose earnings will be included in the FVT/GE metrics. Schools will have 60 days to make changes (until October 7, 2024), and this is one of the only opportunities to have a say in the process. Please pay careful attention to ensure the list is accurate and send any corrections promptly. (CCCU 8/22/24)

Department of Ed Announces Testing for 2025-2026 FAFSA

On August 7, the U.S. Department of Education announced that the 2025-26 Free Application for Federal Student Aid (FAFSA) will be publicly launched on December 1, 2025. The announcement details a new process, stating, “the Department listened carefully to the input of students, families, and higher education institutions, made substantial changes to leadership and operations at Federal Student Aid, and is taking a new approach this year that will significantly improve the FAFSA experience.” This process will begin on October 1, when the Department plans to release the 2025-26 FAFSA form for testing and feedback with a limited set of students and institutions. The Department then aims to slowly scale the number of users up until the official launch in December. This phased rollout is intended to allow the Department “to incorporate user feedback to ensure the application’s instructions are clear and easy-to-use.”  The Department is also seeking additional feedback through August listening sessions and a new formal request for information (RFI). The RFI is intended to provide an opportunity for stakeholders to make public comments on the record regarding the 2025-26 FAFSA process, including ways to improve the “help text” of the 2025-26 FAFSA form, as well as for the development of supporting materials including student and contributor tip sheets, counselor guides and other direct communication tools. The RFI is currently live and will close on September 13, 2024. (CCCU 8/22/24)

After several months of technical problems, errors, and delays, the Department has revamped its efforts to ensure the FAFSA process works moving forward. In June, the Department brought on Jeremy Singer as executive advisor to shepherd FAFSA improvements. Singer stated that the Department will begin beta testing to “uncover and fix issues with the FAFSA form before the form is available to millions of students and their families.” The Department announced in early August that it would push back the date the FAFSA forms become available for students from October to December 1, 2024.  (AACS 9/6/24)

The Department’s three stated goals of the beta testing are to “build confidence through end-to-end testing,” “build confidence through inclusion,” and “build confidence through partner and student support.” The first of a series of beta testing will begin on October 1, 2024, and involve volunteer community-based organizations, schools, colleges, states, and students. The Department has vowed to “test every stage” of the FAFSA process, including when students or institutions make corrections to the forms. As testing progresses, the Department will increase the number of participants in the testing to prepare for the form’s release on December 1. Id.

The Department of Education has awarded $43 million to help bolster FAFSA completion rates since May, but the gap between 2024 and 2023 still lingers. Approximately 9% fewer high school seniors had completed the FAFSA form in August 2024 compared to 2023. Id.

Supreme Court Leaves Title IX Patchwork in Place For Now

On August 16, the Supreme Court denied the Biden administration’s emergency request to partially reinstate its new Title IX rule in the 26 states where implementation is currently blocked. The three provisions in contention are 34 CFR §106.10 (2023) (defining sex discrimination), §106.31(a)(2) (prohibiting schools from preventing individuals from accessing certain sex-separated spaces consistent with their gender identity) and §106.2’s definition of hostile environment harassment. The administration contends that the injunctions are “overbroad,” halting other parts of the rule that are not in conflict. (CCCU 8/22/24)

In a 5-4 decision, the court ruled against the administration’s request to narrow the injunctions, stating that the government failed to sufficiently counter the conclusions of lower courts. It is significant to note the order also stated, “Importantly, all Members of the Court today accept that the plaintiffs were entitled to preliminary injunctive relief as to three provisions of the rule, including the central provision that newly defines sex discrimination to include discrimination on the basis of sexual orientation and gender identity. But the Government argues (and the dissent agrees) that those provisions should be severed and that the other provisions of the new rule should still be permitted to take effect in the interim period.” In other words, all nine justices recognized the legitimacy of the injunctions as they apply to the three contested provisions, but the major contention within the Court regarded the severability of the rule and the scope of the lower court injunctions. Id.

Federal Appellate Court Upholds Religious Exemption in Title IX

Christian schools scored a win in the recent ruling on Hunter v. Department of Education. As the AACS reported, in 2021, the LGBT advocacy group Religious Exemption Accountability Project, or REAP, filed a class-action lawsuit against the Department demanding that it stop awarding federal financial assistance (FFA) to students attending religious colleges and universities. REAP argued that Title IX’s religious exemption is unconstitutional. If REAP succeeds, students who attend faith-based postsecondary institutions will be prevented from using any form of FFA.  Alliance Defending Freedom intervened in the case and represented three Christian postsecondary institutions that would be affected by the rule. A district court dismissed the case in January 2023. However, in June 2023, REAP appealed to the U.S. 9th Circuit Court of Appeals. In its appeal, REAP argued that its plaintiffs had an equal protection claim, an Administrative Procedure Act claim, and an Establishment Clause claim. Last week, a 3-judge panel unanimously affirmed the lower court’s dismissal. The judges ruled that religious exemption is facially neutral. The court found that the exemption does not violate the Establishment Clause and compared it to a religious organization’s tax-exempt status. The court also affirmed that REAP lacked standing to bring an Administrative Procedures Claim. “Federal law explicitly protects the freedom of religious schools to live out their deeply held convictions,” said ADF Senior Counsel Chris Schandevel, “and we’re pleased this legal victory protects Christian colleges’ fundamental rights.” (AACS 9/6/24)

Lawsuit Challenges Department of Ed’s Race-Based Grant

The Young America’s Foundation is challenging a federal grant on the grounds that its race-based selection criteria is unconstitutional.  (AACS 9/6/24)

The case concerns the Ronald E. McNair Postbaccalaureate Achievement Program, one of the Department of Education’s TRIO programs. The McNair program is limited to “groups underrepresented in graduate education,” including, “Black (non-Hispanic), Hispanic, American Indian, Alaskan Native . . . Native Hawaiians . . . and Native American Pacific Islanders.” The program funds student research, internships, tutoring, mentorship, and help preparing for and applying to graduate programs. Id.

The YAF lawsuit argues that the McNair grant “excludes many students because of their race. . . . Unless they fit into a narrow exception for first-generation low-income students, only those students lucky enough to be on Defendants’ list of favored racial groups get a chance to succeed with this program.” Id.

The lawsuit cites the Supreme Court’s decision in Students for Fair Admissions v. Harvard (2023) that prohibits the use of race in college admissions. After the Supreme Court’s decision, the Department of Education announced resources to “help colleges and universities as they work to lawfully pursue efforts to achieve a student body that is diverse across a range of factors, including race and ethnicity.” Id.

YAF president Scott Walker announced the lawsuit, stating, “Denying a student the chance to compete for a scholarship based on their skin color is not only discriminatory but also demeaning and unconstitutional.” Id.

Schooling in America Survey Shows Growing Dissatisfaction with Public Education

The EdChoice organization has released the results of its annual Schooling in America Survey, which examines the trends in opinions towards K-12 education. The survey includes questions regarding Americans’ views of the direction of education, parents’ satisfaction with children’s educational experiences, and perceptions of school choice programs. The results show that parents are increasingly dissatisfied with the current educational system, with 64% of school parents answering that education is headed in the wrong direction. That percentage is eight points higher than last year. Support for school choice programs continues to rise. In 2014, 60%–70% of parents supported choice programs like educational savings account programs, tax credit scholarship programs, vouchers, and charter schools. This year shows a substantial increase, with 84% supporting ESAs, about 79% supporting tax credits, 78% supporting vouchers, and 72% supporting charter schools. While 80% of parents surveyed had children enrolled in a public school, only 40% would select the public school if they had a choice; 60% indicated they would choose private, charter, or home school if given the option. Regarding technology, most parents preferred the availability of a virtual option for schooling, with 58% favoring a part-time option, and 53% supporting a full-time virtual option. When broken down by demographics, the survey showed that support for school choice is very high across party lines. This information can be very helpful when communicating to lawmakers the importance of educational policies that empower parental choice. (AACS 9/6/24)

Party Platforms Reveal Opposing Philosophical Approaches to Education

As part of the Presidential campaigns, the Democrats and Republicans have published party platforms to outline their policy goals and agendas. Regarding education, the two platforms reveal a decidedly different philosophical approach to education. The Democrat party platform promotes an educational system that is controlled by the federal government, while the Republican platform emphasizes local control by states and parents. In the Democrat platform, the education section begins by stating that “Democrats fundamentally believe that every student deserves a quality education, regardless of their parents’ zip code or income.” While this sounds like the phraseology that is often used to promote school choice, the Democrat platform explicitly states that they “oppose the use of private-school vouchers, tuition tax credits, opportunity scholarships, and other schemes that divert taxpayer-funded resources away from public education.” This statement is followed with the explanation that “public tax dollars should never be used to discriminate.” The platform explains that a “quality education” includes free universal preschool for all four-year-olds, and free community college and trade school. Student loan relief provided through the federal government is also emphasized as well as more support for teachers and school personnel. Recognizing the learning loss and mental health issues from the pandemic, the platform offers as solutions a focus on social and emotional learning, longer school days and school years, more tutoring options, community schools, and “setting high expectations for student attendance.” In the Republican platform, the education section begins by stating that “Republicans offer a plan to cultivate great K-12 schools, ensure safe learning environments free from political meddling, and restore Parental Rights.” The platform then states a commitment to an educational system that “empowers students, supports families, and promotes American Values.” To accomplish this, the platform lists several goals which include providing universal school choice, restoring parental rights, opposing the teaching of Critical Race Theory and “gender indoctrination,” reinstating the 1776 Commission, and supporting First Amendment rights to protect the freedom to pray and read the Bible in public schools. The platform also expresses support for “overhauling standards on school discipline” in order to provide “safe, secure, and drug-free schools.” Regarding teachers and principals, the platform says that Republicans will “support schools that focus on excellence and parental rights” and will also support merit pay and ending teacher tenure. The platform also emphasizes returning control to the states: “We are going to close the Department of Education in Washington, D.C., and send it back to the States, where it belongs, and let the States run our educational system as it should be run.” (AACS 8/30/ 24)

Other Helpful Links

• Find your U.S. Representative
• Find your U.S. Senator
• Contact the President
• Find your State Representative 
• Find your State Senator
• Good Citizenship Guide – How to… 
• Find Status of Federal Legislation

Contact the Governor: