Extraordinary Wins for Free Speech, Religious Freedom and Life

Last year was a year of reaping after decades of sowing. Since our founding in 1989, Liberty Counsel has worked tirelessly to advance religious freedom, protect the sanctity of human life, defend free speech and strengthen the family through strategic nationwide litigation.

Throughout our 33-year history, we have won numerous court victories ranging from the right to assemble and worship (even in a pandemic), sidewalk counselors’ right to free speech outside abortion clinics and faith-based clubs’ right to meet on public school grounds — to name a few.

Last year catapulted Liberty Counsel to the next level with multiple, monumental legal breakthroughs that established national precedents that will have generational impact. Your generous support allowed us to achieve these great victories for life and liberty.

Everyone knows about overturning the abortion decisions, which was monumental. But what most people do not realize is the sea change that occurred when the Supreme Court overturned the 51-year-old case of Lemon v. Kurtzman. Overturning this decision has been one of our objectives for more than 30 years. I will share some of the significance below.

In 2023, with the Lord’s blessing, we will achieve yet more victories for His people! Read on to learn more about YOUR impact. —Mat

Help Liberty Counsel continue fighting for freedom in 2023. Every donation made today will be DOUBLED IN IMPACT by a special Challenge Grant. Please, give generously today.

Tenacious efforts over the last three decades culminated in a cascade of court victories for Liberty Counsel at every federal level — district, appellate and the U.S. Supreme Court. Even as attacks on free speech, religious liberty and the sanctity of human life have intensified, decisive court opinions in strategic cases have raised a standard to stem the incoming tide of moral decline and erosion of constitutional rights.

Unanimous Shurtleff Decision Sets National Precedent

On May 2, 2022, the U.S. Supreme Court ruled UNANIMOUSLY in our favor in our “Christian flag” case, Shurtleff v. Boston. The High Court stated that the City of Boston violated the Constitution by censoring Camp Constitution’s private flag in a public forum open to “all applicants” merely because the application referred to it as a “Christian flag.” The High Court ruled that censoring the Christian flag was, in fact, religious viewpoint discrimination and violated the First Amendment.

Liberty Counsel filed an amicus brief in the “Praying Coach” case, Kennedy v. Bremerton. In siding with Coach Joe Kennedy’s right to pray on the football field, the High Court cited Liberty Counsel’s win in Shurtleff v. Boston and struck down the terrible 1971 decision in the Lemon v. Kurtzman case.

The “Lemon test” derived from this 1971 case has been cited by courts more than 7,000 times. It has been used to censor religious speech, songs, Christmas cards, symbols, displays and even our National Motto — “In God We Trust.” Now that Lemon is finally gone, it is a new day for:

• Religious and Christian speech and viewpoints.
• After-school Bible clubs.
• Churches renting public schools to worship.
• School choice.
• Ten Commandments.
• Nativity displays.
• Religious symbols.
• And much more

Victories in Vax Mandate Battles

When COVID vaccine mandates began their march across America in 2021, tens of thousands of people contacted us because they found themselves surrounded by no-way-out “jab-or-job" ultimatums. From employees of large corporations to service members in the military, and from students to organ transplant patients, these individuals were forced to decide whether to be injected with an experimental drug or violate their sincerely held beliefs protected under the Constitution of the United States.

Liberty Counsel filed multiple cases nationwide, representing plaintiffs who were denied religious accommodation requests to COVID-19 shots while assisting thousands of others to obtain religious exemptions. Several cases yielded precedent-setting results. From the beginning, we led the way.

Our lawsuit against NorthShore University HealthSystem on behalf of more than 500 staff members fired for refusing to relinquish their religious freedom rights resulted in a settlement of $10,337,500 in back pay, plus restored positions. This was approved by the court on December 19, and payment to these employees began this month.

On October 15, 2021, Liberty Counsel sued the Biden administration on behalf of members of all branches of the military, federal employees and federal contractors denied religious accommodations from the COVID shot mandate.

Thus far, there are classwide injunctions protecting members of the Navy, Air Force, Space Force and Marines. Though our office in Washington, D.C., our team worked with Congress to force the Biden administration to repeal the shot mandate. Now that the mandate is rescinded, Liberty Counsel is actively working to restore our brave service members and make sure this abuse never happens again.

Overturning Bans on Christian Counseling

Last year, and again this year, Liberty Counsel won free speech victories when our lawsuits, Otto v. City of Boca Raton and Palm Beach County and Vazzo v. City of Tampa overturned bans on Christian counseling for children struggling with gender confusion and unwanted same-sex attractions and behaviors. As a result, now counselors in Florida, Georgia and Alabama are free to help their minor clients. These were the first such victories in the nation and set the standard.

Overturning Roe v. Wade

Liberty Counsel was directly involved in Dobbs v. Jackson Women’s Health Organization, the case at the epicenter of Roe’s demise. Liberty Counsel filed an amicus brief on behalf of a diverse group of organizations, churches, religious leaders and individuals — including 70,000 African American and Hispanic churches — asking the Supreme Court to overturn Roe v. Wade because, among other reasons, legalized abortion supports racist eugenics and violates the right to life. The High Court cited our brief in its historic decision.

Liberty Counsel has been unshakably dedicated to protecting and defending human life for more than 33 years. In fact, the very first case I ever argued before the Supreme Court was in 1994 in defense of pro-life sidewalk counselors, Madsen v. Women’s Health Center.

What a joy, then, to have the High Court cite our amicus brief in the opinion that overturned Roe and Casey.

Last year was a year of tremendous victory. However, the assaults on Christianity and religious life are growing stronger and more vicious every day. We will build on the victories of 2022. These historic wins will have generational impact. We expect 2023 to be even more challenging.

Thankfully, a special VICTORY IN 2023 CHALLENGE GRANT has been established to DOUBLE THE IMPACT of every donation made today. Please give generously today.

Mat Staver
Founder and Chairman
Liberty Counsel