Month: August 2022

August 4, 2022
by John Kaempf

The Supreme Court overruling Roe v. Wade this year got most of the attention. But its decisions in favor of religious liberty in the Carson and Kennedy cases are even more important to people and institutions of faith.

As discussed below, and as you have likely heard, this year, the United States Supreme Court overruled the Roe v. Wade abortion decision. But concerning religious freedom rights, two other cases decided by the Supreme Court this year are more important. First, in the case of Carson v. Makin, in a victory for the “school choice” movement, the Supreme Court addressed a Maine law that provides tuition assistance to parents of students in rural areas…

August 4, 2022
by John Kaempf

In a huge victory for the pro-life movement, and the “originalist” legal movement, the Supreme Court overruled Roe v. Wade in June 2022.

In a major victory for the conservative and “originalist” legal movements, and the pro-life movement, in a case called Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled its 1973 decision in Roe v. Wade. Roe held, in spite of the word “abortion” not appearing in the Constitution, that there is a federal constitutional right to an abortion, so States could not outlaw abortion. Roe was based on prior Supreme Court cases finding an…

August 4, 2022
by John Kaempf

In 2021, John Kaempf won a historic first amendment legal victory for his client, the Christian owner of the Miss USA pageant, when a transgender female sued it to be allowed to compete in the pageant.

The case of Anita Green v. Miss USA Pageant involves the attempt by a transgender “female” to participate in the Miss USA pageant. A federal court accepted John Kaempf’s argument that under the freedom of association embodied in the First Amendment to the United States Constitution, the Christian owner of the Miss USA Pageant could not be forced to admit a transgender female into the pageant. The pageant’s preexisting rules state that contestants must be…

August 4, 2022
by John Kaempf

Under the “ministerial exception,” churches and religious schools are not liable for employment discrimination for not hiring LGBTQ persons if doing so is contrary to their sincere religious beliefs.

This year, in the case of Starkey Roman Catholic Archdiocese of Indianapolis, Inc., a federal appeals court—the Seventh Circuit in Indiana—affirmed the dismissal of an employment discrimination lawsuit brought by Ms. Lynn Starkey. She is a former guidance counselor at Roncalli High School, a Roman Catholic high school in Indianapolis. She sued after losing her job for entering a same-sex marriage. The dismissal of her lawsuit was based on the “ministerial exception” to employment discrimination claims….