Becket Law

Nonprofit organization in Washington D.C., United States

Becket

Headquarters| 1900 Pennsylvania Ave NW, Washington, D.C. 20006
No. of employees| 63 (2021)[1]
Major practice areas| Religious freedom and other First Amendment cases
Key people| Mark Rienzi (president and CEO)
Revenue| $11,216,379 (2021)[1]
Date founded| 1994[2][3][4]
Founder| Kevin Hasson[2][3][4]
Company type| Non-profit organization
Website| becketlaw.org

Becket, also known as the Becket Fund for Religious Liberty, is a non-profit public interest law firm[4] based in Washington, D.C., that describes its mission as "defending the freedom of religion of people of all faiths". Becket promotes accommodationism and is active in the judicial system, the media, and in education.[5]

## History and leadership

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The Becket Fund for Religious Freedom was founded in 1994 by Kevin Hasson, a lawyer who previously worked in the Reagan Administration Justice Department under Samuel Alito, then-Assistant Attorney General and current U.S. Supreme Court Justice. Subsequently, Hasson worked at the Washington law firm Williams & Connolly, where he became well-known and controversial for defending Catholic University's decision to fire Charles Curran for his opposition to Church doctrine despite his being a respected moral theologian.[6]

Hasson, who is Catholic, named The Becket Fund after Saint Thomas Becket, who was the Archbishop of Canterbury from 1162 to 1170 during the reign of Henry II of England.[7] A long series of quarrels with King Henry ended with Becket's murder and martyrdom at Canterbury Cathedral in 1170.[7] His last words were an acceptance of death in defense of the church of Christ.[7]

In 2011, Hasson stepped down as president of Becket, making way for William P. Mumma, who has since served as the president and chairman of the board. Kristina Arriaga, who was the executive director of Becket starting in 2010 and a member of the firm since 1995,[8] is now a senior advisor to the board.[9] Montse Alvarado, who started with Becket in 2009, replaced Arriaga as executive director in 2017.[10][11] Mark Rienzi now serves as president and CEO of Becket.

In 2021, the law firm reported having 63 employees and revenue of about $11.2 million, up from $7.5 million in 2020.[1] In 2014, the law firm had eleven litigating attorneys, and an estimated budget of five million dollars. The firm operates as a non-profit.[4]

## Mission and positions

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The law firm's stated mission is to "protect the free expression of all religious traditions". The organization has indicated that it is their belief that "rights derive [...] not [from] the State, but a Source beyond the State's discretion."[12] The organization maintains that "freedom of religion is a basic human right that no government may lawfully deny; it is not a gift of the state, but instead is rooted in the inherent dignity of the human person". Becket also asserts that "[r]eligious people and institutions are entitled to participate in public life on an equal basis with everyone else."[13]

## Supreme Court cases

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Becket has served as counsel at the Supreme Court for eight religious freedom cases since 2012, starting with Hosanna-Tabor v. EEOC (2012). In Hosanna-Tabor, the Supreme Court unanimously ruled (9-0) in favor of the ministerial exception doctrine for the first time, which exempts religious institutions from anti-discrimination laws in hiring its "ministers".[14]

They also served as counsel to the plaintiffs in Burwell v. Hobby Lobby Stores, Inc. (2014)[15] in their fight to exempt themselves from having to pay for four different drugs and devices they deemed as abortifacients.[16] The court ruled 5–4 in favor of Hobby Lobby, asserting that family owned businesses have a right to operate in accordance with their conscience.[17][18]

Becket also litigated Holt v. Hobbs (2015) at the Supreme Court. A Muslim inmate in the Arkansas prison system wanted to grow a beard according to his faith. When he was denied his request he wrote a petition to the Supreme Court asking to hear his case.[19] The Court agreed to take on the case and Becket represented Holt, citing that the denial of the plaintiff's right to grow his beard according to his faith is a clear violation of the Religious Land Use and Institutionalized Persons Act. The Supreme Court would later unanimously rule in support of Holt.[20] Becket served as counsel to the Little Sisters of the Poor in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (2020).[21] That same term, Becket represented Our Lady of Guadalupe School in Our Lady of Guadalupe School v. Morrissey-Berru (2020).[22]

The most recent case Becket litigated at the Supreme Court was Fulton v. City of Philadelphia (2021).[23] In a 9-0 ruling, the Court held that the City of Philadelphia could not refuse to contract with Catholic Social Services (CSS) because of CSS's rejection of same-sex couples as foster parents, a violation of the city's non-discrimination requirements.[24]

Becket has also filed petitions to the Supreme Court in two cases involving the United States Department of Health and Human Services' contraceptive mandate on employer-paid health insurance coverage of contraception, which had at the time been consolidated into Zubik v. Burwell, Little Sisters of the Poor v. Burwell,[25] and Houston Baptist University and East Baptist University v. Burwell.[26]

List of Supreme Court cases:

* Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission, 565 U.S. 171 (2012)
* McCullen v. Coakley, 573 U.S. 464 (2014)
* Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014)
* Holt v. Hobbs, 574 U.S. 352 (2015)
* Zubik v. Burwell, No. 14-1418, 578 U.S. ___ (2016)
* Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, No. 19-431, 591 U.S. ___ (2020)
* Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267, 591 U.S. ___ (2020)
* Fulton v. City of Philadelphia, No. 19-123, 593 U.S. ___ (2021)

## Other litigation activities

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Becket has represented groups and persons from many different religious traditions; its founder, Kevin Hasson, claims that Becket defends the "religious rights of people from 'A to Z,' from Anglicans to Zoroastrians."[27] Previous clients also included the City of Cranston[28] in the attempt to preserve the Prayer Banner at Cranston High School West.[29]

In 1997, the Rigdon v. Perry case set a precedent that the military could not ban chaplains from following the directives of their religious leaders.[30]

In 2010, Becket represented Sacramento-area public school students who sought to continue reciting the current form of the Pledge of Allegiance (including the words "under God") in Newdow v. Carey, the second case brought by Michael Newdow seeking to remove the words "under God" from the Pledge of Allegiance. Becket also represented intervenors in the challenge to the Pledge of Allegiance in Hanover, New Hampshire public schools.[31] Both cases were resolved in favor of the current Pledge language.

In 2012, Becket represented a mosque in Murfreesboro, Tennessee, that was denied the right to use its building by a local court after complaints that the mosque was promoting terrorism.[32] Becket has also litigated on behalf of prisoners who seek to continue following their beliefs in prison. Becket has sought to ensure that observant Jewish prisoners are provided with kosher food in every prison in the United States. In the case of Moussazadeh v. Texas Department of Criminal Justice, the United States Court of Appeals for the Fifth Circuit affirmed the right of a Jewish prisoner to receive kosher food in a Texas prison.[33][34]

From 2016 to 2019, Becket represented Lehigh County, Pennsylvania when it was sued by the Madison, Wisconsin based atheist advocacy organization Freedom From Religion Foundation for having a cross on its County seal and flag. Edward G. Smith, a federal judge with the United States District Court for the Eastern District of Pennsylvania in Philadelphia, citing the 1971 case of Lemon v. Kurtzman ruled that the addition of a cross on the County's seal was unconstitutional in 2017, but the County appealed the decision. In 2019 the United States Court of Appeals for the Third Circuit in Philadelphia, citing American Legion v. American Humanist Association, a ruling earlier that year, ruled that the presence of a cross in the County seal did not violate the constitution since it commemorated the history of Lehigh County.[35][36][37]

Since 2022, the firm represents Yeshiva University, a Modern Orthodox Jewish university in New York City, in a case where undergraduate students sued the university for refusing to recognize an LGBTQ student group.[38] A New York court ruled that the university must recognize the undergraduate Pride Alliance in June, 2022; the university appealed to the U.S. Supreme Court in an attempt to block the ruling in August 2022.[39]

Another significant area of litigation for Becket has been land use by religious organizations. Becket brought the first case under the Religious Land Use and Institutionalized Persons Act, and has been involved with such litigation throughout the United States.[40]

While Becket typically litigates in favor of religious liberty claims, it occasionally intervenes in favor of the state to oppose free exercise challenges. One example came when Jewish plaintiffs challenged Indiana's restrictive abortion statutes after Dobbs v. Jackson Women's Health Organization, claiming that Indiana's laws limiting abortion infringed on Jewish religious belief (which the plaintiffs contended require that abortion be available in most or all situations). In contrast to their normally broad defense of religious liberty claimants, Becket here argued that the Jewish plaintiffs, who had won a preliminary challenge in lower court, were "insincere" in their stated religious beliefs and that even if their religious beliefs were sincere Indiana was justified in overriding them to protect "innocent life".[41]

## International activities

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Becket has represented Muslim clients in the European Court of Human Rights, and assisted in pre-litigation and litigation in Europe, Asia, and Australia.[42]

## References

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1. ^ a b c "IRS form 990". ProPublica. Internal Revenue Service. 2021. Retrieved September 1, 2022.
2. ^ a b "Becket Fund law firm gaining a reputation as powerhouse after Hobby Lobby win". Washington Post.
3. ^ a b Boorstein, Michelle (2014-06-30). "Founder of Hobby Lobby's law firm pioneered debate over religious freedom". Washington Post. ISSN 0190-8286. Retrieved 2020-06-10.
4. ^ a b c d Dias, Elizabeth. "Meet the Lawyers Fighting for Religious Freedom Today Before the Supreme Court". Time. Retrieved 2020-06-10.
5. ^ Banks, Christopher P.; Blakeman, John C. (13 July 2012). The U.S. Supreme Court and New Federalism: From the Rehnquist to the Roberts Court. Rowman & Littlefield Publishers. p. 176\. ISBN 9781442218581.
6. ^ Crane, Anita. "Kevin Hasson on the right to life and religious liberty". Celebrate Life Magazine. American Life League. Archived from the original on 2 September 2014. Retrieved 19 September 2015.
7. ^ a b c "Saint Thomas Becket | Biography, Death, & Significance". Encyclopedia Britannica. Retrieved 2019-05-09.
8. ^ "Our Staff". Becket. Retrieved 2019-05-09.
9. ^ "Kristina Arriaga - Becket". Becket. Retrieved 2018-04-13.
10. ^ "Montse Alvarado - Becket". Becket. Retrieved 2018-04-13.
11. ^ Varadarajan, Tunku (2017-07-28). "'God's ACLU' Seeks Freedom for the Faithful". Wall Street Journal. ISSN 0099-9660. Retrieved 2018-04-13.
12. ^ "Top Ten Victories in Becket Fund History". Becket Fund for Religious Freedom. 2015. Archived from the original on 11 March 2015. Retrieved August 31, 2022.
13. ^ "Our Mission". New York: The Becket Fund for Religious Liberty. 2011. Retrieved 2011-06-09.
14. ^ "Editorial: Supreme Court got it right on church hiring". Los Angeles Times. 13 January 2012. Retrieved 19 September 2015.
15. ^ Bratek, Rebecca. "Becket Fund law firm gaining a reputation as powerhouse after Hobby Lobby win". The Washington Post. Retrieved 19 September 2015.
16. ^ Gunter, Jen. "The Medical Facts About Birth Control and Hobby Lobby—From an OB/GYN". New Republic. Retrieved 19 September 2015.
17. ^ Mears, Bill (30 June 2014). "Supreme Court rules against Obama in contraception case". CNN. Retrieved 19 September 2015.
18. ^ Thomson-DeVeaux, Amelia (18 June 2014). "The Little-Known Force Behind the Hobby Lobby Contraception Case". American Prospect Longform. Retrieved 19 September 2015.
19. ^ "Right to grow a beard? SCOTUS grants very rare approval to hear a prisoner's case - Corner of Church and State". Archived from the original on 2015-09-20. Retrieved 2015-08-19.
20. ^ Ariane de Vogue (20 January 2015). "Supreme Court backs beards in prison - CNNPolitics". CNN. Retrieved 2019-05-09.
21. ^ "Little Sisters of the Poor v. Commonwealth of Pennsylvania". Becket.
22. ^ "Our Lady of Guadalupe School v. Morrissey-Berru".
23. ^ "Fulton v. Philadelphia (06/17/2021)" (PDF). supremecourt.gov. Retrieved 29 February 2024.
24. ^ "Fulton v. City of Philadelphia". Oyez. Retrieved 29 February 2024.
25. ^ Winters, Michael Sean (16 July 2015). "The Becket Fund, not the Little Sisters, Lose". ncr.com. National Catholic reporter. Retrieved 19 September 2015.
26. ^ Millhiser, Ian. "Deeply Conservative Judge Rules Against Religious Employers, Affirms Right To Birth Control". Think Progress. Retrieved 19 September 2015.
27. ^ Thomson-DeVeaux, Amelia (5 October 2014). "God's Rottweilers: Meet the small nonprofit law firm that's reshaping American politics". Politico. Retrieved 19 September 2015.
28. ^ "Ahlquist v. City of Cranston, Rhode Island (2011–present)". Archived from the original on 2011-12-10. Retrieved 2012-01-13.
29. ^ Lowney, Brian J. (May 19, 2011). "ACLU files suit challenging prayer banner". National Catholic Reporter. Retrieved November 24, 2023.
30. ^ [Harvard Journal of Law & Public Policy Spring 2001 Articles & Essays
* 573 RELIGION, THE PUBLIC SQUARE, AND THE PRESIDENCY
Eric W. Treene [FNa1] Copyright (c) 2001 Harvard Society for Law and Public Policy, Inc.; Eric W. Treene, p. 15-16]
31. ^ "Freedom From Religion Foundation v. Hanover Public Schools". United States Court of Appeals for the First Circuit. Archived from the original on 2012-07-25. Retrieved 2012-08-01.
32. ^ Severson, Kim (2012-07-18). "Judge allows Muslims to use Tennessee mosque". New York Times. Retrieved 2012-08-01.
33. ^ Chammah, Maurice (September 28, 2012). "Inmate Lawsuit Over Kosher Food to Get Appeals Court Hearing". Texas Tribune. Retrieved 21 June 2019.
34. ^ Clarke, Matt (March 6, 2018). "Texas State Prisoners Fight for Access to Kosher Meals". Prison Legal News. Retrieved 21 June 2019.
35. ^ Parke, Caleb (8 August 2019). "Appeals court rules Pennsylvania county can keep cross on its seal". Fox News. Retrieved 6 March 2023.
36. ^ Hall, Peter (7 September 2018). "Lehigh County tells appeals court cross on county seal is historical, not religious". The Morning Call. Retrieved 6 March 2023.
37. ^ "Freedom From Religion Foundation v. Lehigh County". Becket Law. Retrieved 6 March 2023.
38. ^ de Vogue, Ariane (August 29, 2022). "Yeshiva University asks Supreme Court to let it block LGBTQ student club". CNN. Retrieved August 31, 2022.
39. ^ Kovac, Adam (August 30, 2022). "As Yeshiva University fights to block LGBTQ group, not all its grad schools are on board". Forward. Retrieved August 31, 2022.
40. ^ "Supreme Court denies Boulder County's request to weigh in on church expansion". Boulder Daily Camera. 10 January 2011. Retrieved 2012-08-01.
41. ^ "Proposed Amicus Curiae Brief of the Becket Fund for Religious Liberty in Support of Appellants," Medical Licensing Board of Indiana v. Anonymous Plaintiff 1, https://becketnewsite.s3.amazonaws.com/20230118184008/Individual-Members-v.-Anonymous-Planitiff-Amicus-Brief.pdf
42. ^ Helsinki Commission Briefing

## External links

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* Official website

*[No.]: Number