Alliance Defending Freedom (ADF) is an American advocacy organization whose goal is advocating, training, and funding legal cases on the issues of "religious freedom, sanctity of life, and marriage and family."Issues, Alliance Defense Fund In 2012 the organization shifted its mission of funding allied attorneys to direct representation of clients though litigation. Founded in 1993, ADF has been described as "the largest legal force of the religious right arguing hundreds of pro bono cases across the country.
Alliance Defending Freedom (ADF) has been involved in several landmark United States Supreme Court cases, including Rosenberger v. University of Virginia, Good News Club v. Milford Central School , and Town of Greece v. Galloway. Rosenberger was described by law professor Marci Hamilton as a "fork in the road" with respect to judicial review of the Establishment Clause of the First Amendment.Posner, Sarah. "The Legal Muscle Leading the Fight to End the Separation of Church and State " April 1, 2007, Washington Spectator Online Good News Club and Town of Greece established precedents relating to free speech and the establishment clauses of the First Amendment respectively. ADF also litigated a 2014 case challenging the Affordable Care Act, or Obamacare. In Burwell v. Hobby Lobby Stores, Inc., the Court ruled that the birth control mandate in employee-funded health plans was unconstitutional, since there existed a less restrictive means of furthering the law’s interest. The case set a precedent for evaluating legal questions relating to religious liberty. ADF also played a role in Dobbs v. Jackson Women's Health Organization, writing model legislation for the Mississippi abortion ban, but did not represent either party in court.
List of cases Following are legal cases in which the ADF has played a role, either by representing a party, filing an amicus brief, or otherwise participating:
1995 Rosenberger v. University of Virginia (1995). ADF provided funding to defend a student newspaper which was denied university funding due to its religious nature. The case was litigated all the way to the Supreme Court.
2001 Good News Club v. Milford Central School (2001). The ADF assisted in this case in which the Supreme Court ruled that religious clubs must be afforded equal access to school facilities.
2004 City of Littleton (CO) v. Z.J. Gifts (2004). The Supreme Court ruled unanimously against an adult bookstore in a case involving business licensing. Elk Grove Unified School District v. Newdow (2004). The Supreme Court, in a unanimous opinion, reversed a United States Court of Appeals for the Ninth Circuit decision that the words “under God” in the Pledge of Allegiance violated the First Amendment due to a lack of standing. Williams v. Vidmar (2004). In November 2004, the ADF filed a lawsuit on behalf of a Cupertino, California elementary school teacher against his school principal and school board members. The lawsuit was settled without money changing hands and without changes in school policies.California teacher, district settle religion lawsuit | First Amendment Center – news, commentary, analysis on free speech, press, religion, assembly, petition Perry v. Schwarzenegger. ADF represented Proposition 8 proponents ProtectMarriage.com in the Federal lawsuit challenging the constitutionality of the proposition, which limited marriage in California to one man and one woman.Farrell, Michael B. "Will California gay-marriage trial go to Supreme Court?" Christian Science Monitor January 26, 2010: N.PAG. Academic Search Premier. Web. December 7, 2011. Their participation generated some criticism. The religious rights law firm Liberty Counsel, which has litigated opposition to same-sex marriage in California since 2004, criticized Alliance Defense Fund's handling of the case.
2006 Scheidler v. National Organization for Women (2006). Anti-abortion groups were charged with racketeering. In a unanimous decision the Supreme Court ruled in favor of the anti-abortion groups. Ayotte v Planned Parenthood of Northern New England (2006). In a unanimous decision the Supreme Court held that states have a right to require parental notification for abortion. The ADF defended Elane Photography in its appeal of being found in violation of the New Mexico Human Rights Act for refusing to photograph a 2006 civil commitment ceremony. In August 2013 the New Mexico Supreme Court found in favor of Willock and that the photographer was in violation of the act.
2007 Gonzales v. Carhart (2007). This case upheld the Partial-Birth Abortion Ban of 2003.
2011 Arizona Christian School Tuition Organization v. Winn (2011). The ADF prevailed against the ACLU in a case regarding a taxpayer funded school choice program.
2012 Bronx Household of Faith v. Board of Education of the City of New York (2012). The ADF lost this case challenging New York City's prohibition on holding worship services in the City's public schools, and the Supreme Court declined to hear the case.
2014 Town of Greece v. Galloway (2014). In a significant victory, the Supreme Court ruled that opening legislative sessions with prayer was constitutional. McCullen v. Coakley (2014). ADF obtained a unanimous Supreme Court victory in this case which struck down “buffer zones” which were designed to restrict anti-abortion activists. The ruling was a setback for the abortion rights groups. Burwell v. Hobby Lobby Stores, Inc. (2014). In this landmark Supreme Court case, where ADF represented Conestoga, the justices struck down the contraceptive mandate of Obamacare as applied to those with religious objections. The ADF served as co-counsel defending Sally Howe Smith, Court Clerk for Tulsa County (Oklahoma), whose denial of a marriage license to a same-sex couple was challenged in Bishop v. Oklahoma. Smith lost in U.S. District Court in January 2014. The ADF represented Dr. Mike Adams in a lawsuit against University of North Carolina Wilmington. A first amendment victory in the United States Court of Appeals for the Fourth Circuit opened the door to a civil trial in which Adams was also victorious. The case concerned denial of promotion to full professor due to constitutionally-protected speech. In Bostic v. Rainey, the ADF represented Ms. Michele McQuigg, defendant-intervenor in her official capacity as Prince William County Clerk of Circuit Court; the defendants lost in US District Court in February 2014. The ADF defended Virginia's laws against a challenge to the prohibition on same sex marriage, but lost an appeal in the 4th Circuit Court of Appeals on Monday, July 28, 2014; they have stated that they plan to appeal the ruling.
2015 Reed v. Town of Gilbert (2015). In a First Amendment case, a pastor's right to place signs announcing church services was upheld by the Supreme Court. Holt v. Hobbs. The Supreme Court, in a unanimous decision, held that an Arkansas prison policy which prevented an incarcerated Muslim man from growing a short beard in accordance with his deeply-held religious beliefs violated the Religious Land Use and Institutionalized Persons Act.
2016 Zubik v. Burwell. Two ADF cases, Geneva College v. Burwell and Southern Nazarene University v. Burwell were consolidated into Zubic and heard before the Supreme Court in 2016. The case addressed non-church coverage of mandated contraceptives under Obamacare. The individual cases were returned to the respective courts of appeal.
Arlene's Flowers lawsuit. The Washington State Supreme Court rejected a florist's First Amendment claim and ruled in favor of a gay couple who were denied service. The case has been submitted to the United States Supreme Court for consolidation with Masterpiece Cakeshop.
2017 Trinity Lutheran Church of Columbia, Inc. v. Comer (2017). In an important First Amendment case the Supreme Court ruled that a Missouri playground resurfacing program violated freedom of religion guaranteed by the Free Exercise Clause. ADF represented the petitioner.
2018 Masterpiece Cakeshop v. Colorado Civil Rights Commission. The lawsuit had the potential of setting a "landmark" First Amendment precedent, according to Fox News. National Institute of Family and Life Advocates v. Becerra. Oral arguments in this anti-abortion case were heard at the Supreme Court in 2018. The case pertained to California's FACT Act which mandated crisis pregnancy centers to provide certain disclosures. The high court found those notices to be a free speech violation of the First Amendment. Cochran vs. City of Atlanta. After Kelvin J. Cochran was fired by Atlanta Mayor Kasim Reed, a judge declared unconstitutional the city's preclearance rules on what employees could do on their own time outside work. Atlanta ended up agreeing to pay $1.2 million to Cochran.
2019 Brush & Nib v. City of Phoenix. Two Christian artists who owned a stationery store did not want to make custom wedding invitations for same-sex couples on religious grounds, and wished therefore to have an exemption from a Phoenix, Arizona anti-discrimination ordinance. The artists were represented by ADF. Lower court rulings upheld the city ordinance, but the Arizona Supreme Court ruled in September 2019 that, based on the Arizona Constitution, the ordinance violated the free-speech rights of the artists. The ruling was on narrow factual grounds and pertained only to custom wedding invitations and the artists' right to free speech, and neither granted them a blanket exemption from the ordinance, nor was it a ruling on whether the law was constitutional. Other businesses which wished to be exempt from the law would need to seek their own court order. The 4-3 decision did not address whether Phoenix's adoption of LGBTQ people as a protected class was legal.Associated Press (September 17, 2019) "Arizona artists win suit over same-sex wedding invitations" NBC NewsTrimble, Lynn (September 16, 2019) "Court: Phoenix Business Can Refuse to Make Invitations for Same-Sex Couples" Phoenix New TimesStern, Mark Joseph (September 16, 2019) "Arizona Supreme Court Greenlights Discrimination Against Same-Sex Weddings" Slate Lexington-Fayette Urban County Human Rights Commission v. Hands On Originals. ADF represented Blaine Adamson and his printing company, Hands on Originals, after he had been requested to create t-shirts for a local pride festival hosted by the Gay and Lesbian Services Organization (GLSO). Blaine declined the order because creating a t-shirt with the requested message would violate his religious beliefs. The Kentucky Supreme Court unanimously upheld that the GLSO lacked standing to sue Hands on Originals. Thompson v. Hebdon. The state of Alaska imposed campaign contribution limits for individuals to political candidates, individuals to election-related groups, political parties to candidates, and total out-of-state donations to a candidate. The petitioners challenged the individual-to-candidate and individual-to-group limits of $500. In a per curiam opinion, the Supreme Court vacated the 9th Circuit’s ruling, noting that the lower court failed to apply Randall v. Sorrell (2006), which invalidated a Vermont law limiting individual contributions.
2020 R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission. A landmark Supreme Court case ruling that Title VII protection applies to gay and transgender people.