Podcast appearances and mentions of eric baxter

A case with a thin record is raising plenty of questions at the Supreme Court. In this episode, Amanda and Holly examine the case of Mahmoud v. Taylor, which involves parents who want to opt their children out of public school curriculum they say conflicts with their religious beliefs. But, what's the difference between expected exposure and unconstitutional coercion? Does age matter? What happens when opt-out options become too burdensome and overwhelming to accommodate? Amanda and Holly examine the issues in this case as well as the challenges for the school district and for the parents. They also share what the oral arguments revealed about the justices' interest in the books and discussions outside of the courtroom.     SHOW NOTES Segment 1 (starting at 01:50): Remembering Justice David Souter Amanda and Holly released a live mini-episode on Tuesday, May 27, to review the Supreme Court decision in the religious charter school case, the voucher proposal in the budget reconciliation bill, and a court decision halting the dismantling of the Department of Education. Hear the episode at this link or in your podcast feed, or watch it on YouTube. Amanda and Holly mention the other two church-state cases this term addressed in previous episodes: Catholic Charities Bureau v. Wisconsin in Ep. 12: Back to SCOTUS: Regular business in disturbing times Oklahoma Statewide Charter School Board, et al. v. Drummond in Ep. 14: The blockbuster SCOTUS case over religious charter schools BJC Executive Director Emeritus J. Brent Walker wrote a reflection piece on Justice David Souter when the justice retired in 2009: Walker reflects on Souter's Supreme Court tenure Amy Howe wrote a piece on Justice Souter for SCOTUSblog: David Souter, retired Supreme Court justice, dies at 85   Segment 2 (starting at 06:58): The facts (that we know) in the case and what's at stake BJC has a post on our website describing Mahmoud v. Taylor: In oral argument, U.S. Supreme Court wrestles with the limits of public school parents' opt-out rights The U.S. Supreme Court has a transcript of oral arguments and the audio recording of oral arguments in Mahmoud v. Taylor available on its website.   Segment 3 (starting 25:54): The two big substantive points from the oral argument We played two clips from the oral argument in this segment: Justice Elena Kagan and Eric Baxter, who argued on behalf of the group of parents (the petitioners)  Justice Samuel Alito and Eric Baxter Amanda and Holly talked about the Texas Bible curriculum in episode 2 of this season: Oklahoma and Texas try to force Bible teaching in public schools Respecting Religion is made possible by BJC's generous donors. Your gift to BJC is tax-deductible, and you can support these conversations with a gift to BJC.

The Christian Outlook – April 26, 2025

WMAL GUEST: 7:05 AM - INTERVIEW - ERIC BAXTER - vice president and senior counsel at Becket Fund for Religious Liberty - discussed parents asking Supreme Court to Restore Opt-Out Choice Religious parents to Supreme Court: restore opt-outs for instruction on gender and sexuality  Where to find more about WMAL's morning show:  Follow the Show Podcasts on Apple podcasts, Audible and Spotify. Follow WMAL's "O'Connor and Company" on X: @WMALDC, @LarryOConnor,  @Jgunlock, @patricepinkfile, and @heatherhunterdc.  Facebook: WMALDC and Larry O'Connor Instagram: WMALDC Show Website: https://www.wmal.com/oconnor-company/ How to listen live weekdays from 5 to 9 AM: https://www.wmal.com/listenlive/ Episode: Wednesday, September 18, 2024 / 6 AM Hour  O'Connor and Company is proudly presented by Veritas AcademySee omnystudio.com/listener for privacy information.

In Fall 2022 the Montgomery County Board of Education (MCBOE) revised its literature/ language arts curriculum for Pre-K to eighth grade to include new books centered around LGBTQIA+ issues, including pride parades, gender transitioning, same-sex marriage, and pronoun preferences. Although this concerned some parents, initially parents were notified when the books were being read and could opt their children out of those lessons. However, in March 2023 the MCBOE issued a statement alerting parents that they would no longer be notified when these books were being taught and requests to opt-out would not be honored. In light of this new statement, a coalition of parents of elementary school children in Montgomery County from a variety of faiths, including Islam, Catholicism, and Orthodox Christianity, brought suit in the U.S. District Court for Maryland. They argued that the MCBOE's refusal to alert parents when potentially objectional books on sex education & related topics were being taught and to deny them the option to opt their children out of such education was violative of their free-speech, free-exercise, and substantive-due-process rights under the U.S. Constitution and under Maryland law. The parents sought a preliminary injunction against the MCBOE. The U.S. District Court for the District of Maryland heard oral argument on August 9, 2023. Soon after it ruled against the parents, who appealed to the Fourth Circuit Court of Appeals. Oral argument at the 4th Circuit is set to occur on December 5. Please join us for a Litigation Update on Mahmoud v. McKnight with Eric Baxter, who is VP & Senior Counsel at Becket and is representing the plaintiffs in this case, as he gives a breakdown of this important case concerning religious liberty, free speech, education policy, and parental rights.Featuring: Eric Baxter, Vice President & Senior Counsel, The Becket Fund For Religious Liberty(Moderator) Emilie Kao, Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom

In Montgomery County, Maryland Public Schools the school board approved “LGBTQ-Inclusive Texts Approved for Instructional Use.” Books with titles like “Pride Puppy”, “Uncle Bobby's Wedding” and “Born Ready: The True Story of a Boy Named Penelope” are just a few of the approved books. Many parents with religious backgrounds have come together to challenge the school board in court to restore their right to opt their children out of instruction that is inconsistent with their faith. Newt's guest is Eric Baxter. He is the Vice President and Senior Counsel at the Becket Fund for Religious Liberty and the attorney representing the plaintiffs in the case.See omnystudio.com/listener for privacy information.

Today on the podcast, Torrey & Dan react to Trump turning himself in in Georgia & his mugshot, an 11 year old has been arrested 17 times & attorney Eric Baxter from Beckett Law joins the show. Listen weekdays 2-6pm on WBAL News Radio 1090, FM 101.5 & the WBAL radio app.

For our special 6th anniversary Pledge Drive edition of Truth to Power, we are so excited to bring you a community conversation like you won't hear anywhere else on the dial! On March 21st, Forward Radio's Justin Mog, was thrilled to host a virtual community meeting of the West Jefferson County Community Task Force (WJCCTF), long-time campaigners for environmental justice in Louisville! In addition to an annual Environmental Justice Conference in October, on the third Tuesday of each month (except December) from 5:30-7pm online, the Task Force brings concerns and important information to residents and businesses about environmental, health and wellness issues that impact our communities. Topics vary each month. Join the conversation. Let your voice be heard and get the answers you need. Monthly topics are posted at http://facebook.com/WJCCTF. And for more information, you can contact the Executive Director, Arnita Gadson at 502-645-3588. On today's program, we introduce you to not only Arnita, but the current Board of the WJCCTF! Joining us in the virtual studio were: - Arnita Gadson, Executive Director - Kurt Mason, Chair - Ann Hagan-Grigsby, Treasurer - Annie Haigler, retired school social worker - Bruce Sherrod, works with the Parkhill development project and community organizer - Bianca Goodlett, a realtor with degrees in Business Management and Special Education - Ada Middleton, Long time supporter and church leader - Eric Baxter, Architect - Funmi Babarinde, Phd student in UofL's School of Public Health and informational Sciences - Gracie Lewis, Rubbertown resident and long-time campaigner for environmental justice in the West End. Truth to Power airs every Friday at 9pm, Saturday at 11am, and Sunday at 4pm on Louisville's grassroots, community radio station, Forward Radio 106.5fm WFMP and live streams at http://forwardradio.org

A new MP3 sermon from Lighthouse Bible Church is now available on SermonAudio with the following details: Title: A Call to a Character of Godliness Subtitle: 2nd Timothy Speaker: Eric Baxter Broadcaster: Lighthouse Bible Church Event: Sunday School Date: 9/25/2022 Bible: 2 Timothy 2:20-26 Length: 46 min.

A new MP3 sermon from Lighthouse Bible Church is now available on SermonAudio with the following details: Title: A Call to a Character of Godliness Subtitle: 2nd Timothy Speaker: Eric Baxter Broadcaster: Lighthouse Bible Church Event: Sunday School Date: 9/25/2022 Bible: 2 Timothy 2:20-26 Length: 46 min.

Eric Baxter, VP and Senior Counsel for the Becket Fund for Religious Liberty, joins Dan to discuss the recent 5-4 ruling by the Supreme Court initially denying Yeshiva University's request to block a New York state court ruling on LGBTQ club recognition. The battle may not be over, however, as SCOTUS cited two other steps still available to them as remedies on appeal, before it comes back to the Supreme Court. Also, Dick Morris rejoins the program to give his take on Governor Ron DeSantis flying 50 illegal migrants from his state up to Martha's Vineyard.

THE THESIS: We can get back on track if we get serious about examining where we left the track.  THE SCRIPTURE & SCRIPTURAL RESOURCES:  Jesus did not tell the apostles to distribute copies of what Jesus said to have people read, he told them to baptize people and teach them to follow His way. He told them to create church communities: Acts 2 The Holy Spirit Comes at Pentecost 2 When the day of Pentecost came, they were all together in one place. 2 Suddenly a sound like the blowing of a violent wind came from heaven and filled the whole house where they were sitting. 3 They saw what seemed to be tongues of fire that separated and came to rest on each of them. 4 All of them were filled with the Holy Spirit and began to speak in other tongues[a] as the Spirit enabled them. 5 Now there were staying in Jerusalem God-fearing Jews from every nation under heaven. 6 When they heard this sound, a crowd came together in bewilderment, because each one heard their own language being spoken. 7 Utterly amazed, they asked: “Aren't all these who are speaking Galileans? 8 Then how is it that each of us hears them in our native language? 9 Parthians, Medes and Elamites; residents of Mesopotamia, Judea and Cappadocia, Pontus and Asia,[b] 10 Phrygia and Pamphylia, Egypt and the parts of Libya near Cyrene; visitors from Rome 11 (both Jews and converts to Judaism); Cretans and Arabs—we hear them declaring the wonders of God in our own tongues!” 12 Amazed and perplexed, they asked one another, “What does this mean?” 13 Some, however, made fun of them and said, “They have had too much wine.” Peter Addresses the Crowd 14 Then Peter stood up with the Eleven, raised his voice and addressed the crowd: “Fellow Jews and all of you who live in Jerusalem, let me explain this to you; listen carefully to what I say. 15 These people are not drunk, as you suppose. It's only nine in the morning! 16 No, this is what was spoken by the prophet Joel: 17 “‘In the last days, God says,     I will pour out my Spirit on all people. Your sons and daughters will prophesy,     your young men will see visions,     your old men will dream dreams. 18 Even on my servants, both men and women,     I will pour out my Spirit in those days,     and they will prophesy. 19 I will show wonders in the heavens above     and signs on the earth below,     blood and fire and billows of smoke. 20 The sun will be turned to darkness     and the moon to blood     before the coming of the great and glorious day of the Lord. 21 And everyone who calls     on the name of the Lord will be saved.'[c] 22 “Fellow Israelites, listen to this: Jesus of Nazareth was a man accredited by God to you by miracles, wonders and signs, which God did among you through him, as you yourselves know. 23 This man was handed over to you by God's deliberate plan and foreknowledge; and you, with the help of wicked men,[d] put him to death by nailing him to the cross. 24 But God raised him from the dead, freeing him from the agony of death, because it was impossible for death to keep its hold on him. 25 David said about him: “‘I saw the Lord always before me.     Because he is at my right hand,     I will not be shaken. 26 Therefore my heart is glad and my tongue rejoices;     my body also will rest in hope, 27 because you will not abandon me to the realm of the dead,     you will not let your holy one see decay. 28 You have made known to me the paths of life;     you will fill me with joy in your presence.'[e] 29 “Fellow Israelites, I can tell you confidently that the patriarch David died and was buried, and his tomb is here to this day. 30 But he was a prophet and knew that God had promised him on oath that he would place one of his descendants on his throne. 31 Seeing what was to come, he spoke of the resurrection of the Messiah, that he was not abandoned to the realm of the dead, nor did his body see decay. 32 God has raised this Jesus to life, and we are all witnesses of it. 33 Exalted to the right hand of God, he has received from the Father the promised Holy Spirit and has poured out what you now see and hear. 34 For David did not ascend to heaven, and yet he said, “‘The Lord said to my Lord:     “Sit at my right hand 35 until I make your enemies     a footstool for your feet.”'[f] 36 “Therefore let all Israel be assured of this: God has made this Jesus, whom you crucified, both Lord and Messiah.” 37 When the people heard this, they were cut to the heart and said to Peter and the other apostles, “Brothers, what shall we do?” 38 Peter replied, “Repent and be baptized, every one of you, in the name of Jesus Christ for the forgiveness of your sins. And you will receive the gift of the Holy Spirit. 39 The promise is for you and your children and for all who are far off—for all whom the Lord our God will call.” 40 With many other words he warned them; and he pleaded with them, “Save yourselves from this corrupt generation.” 41 Those who accepted his message were baptized, and about three thousand were added to their number that day. The Fellowship of the Believers 42 They devoted themselves to the apostles' teaching and to fellowship, to the breaking of bread and to prayer. 43 Everyone was filled with awe at the many wonders and signs performed by the apostles. 44 All the believers were together and had everything in common. 45 They sold property and possessions to give to anyone who had need. 46 Every day they continued to meet together in the temple courts. They broke bread in their homes and ate together with glad and sincere hearts, 47 praising God and enjoying the favor of all the people. And the Lord added to their number daily those who were being saved. THE NEWS & COMMENT: The electorate stopped applying religious and character litmus tests when hiring people for government through the vote [AUDIO] - Kammi Harris lying about the border being secure. [AUDIO] -  Chuck Todd: “We're now as a nation battling a threat from within. Is the threat equal or greater than what we faced after 9/11?” Kammi Harris: “…there is an oath that we always take which is to defend and uphold our constitution against all enemies foreign and domestic.” On 9/11: Liar and DHS boss, Alejandro Mayorkas warned today of threats posed by individuals in the U.S. "radicalized to violence" by ideologies "of hate, anti-government sentiment, false narratives propagated on online platforms, even personal grievances" ALSO on 9/11: “US prosecutors may negotiate plea deal with 9/11 architect Khalid Sheikh Mohammed, other conspirators: Report.” . . . reinstitute that test at every level of government, starting in school boards and zoning commissions We made government school compulsory and allowed the government to supposedly negotiate with its big donors, the government school employee collectively known as unions [AUDIO] - Middle school teacher at @NSLA244 says she kneeled for BLM in the classroom and changed the words in the pledge. She also taught her students to protest and become activists and suggests throwing bricks at people with opposing views.  . . . we are constitutionally obliged to provide for education, NOT to provide schools. Return to that, freedom involves choice, serfdom involves diktats.  We let Jefferson's separation of church and state letter become imposition of state on religious expression NY Times Hit Piece On Hasidic Education Published On Eve Of NY Regents Vote To Undermine All Religious Schools; A New York Times article attacking boys' Hasidic schools was published today, on the eve of the New York State Board of Regents vote on regulations poised to undermine the way Jewish religious schools have operated for generations.  The timing of The Times' attack appears planned to influence the vote. WHY did the wise-Latina do the right thing, here? If this was a Christian group, would she have also done the right thing? Could it be that God is reaching her? Maybe Justice Thomas is witnessing to her? Justice Sotomayor Stays NY State Court Order Forcing Yeshiva University To Recognize “Pride Alliance” Club -- “Yeshiva shouldn't have been forced to go all the way to the Supreme Court to receive such a commonsense ruling in favor of its First Amendment rights.” Eric Baxter, Vice President and Senior Counsel at Becket, said, “We are grateful that Justice Sotomayor stepped in to protect Yeshiva's religious liberty in this case.” We let a court pretend that not engaging in interstate commerce IS actually engaging in interstate commerce, which is what gave rise to the federalization of the states and gave teeth to the power of the extra-constitutional administrative state which has metastasized into the Deep State: Men in Black: How the Supreme Court Is Destroying America Levin in National Review (before it's permanent case of TDS) discussing the court's ever-expanding power Authoritarians come in (at least)  two flavors: 42% of Republicans prefer strong unelected leaders to weak  elected ones. 42% of Dems say the president should be able to remove judges whose decisions "go against the national interest." We let so-called journalists hide campaign donations behind the First Amendment  NPR Skips the D-Word on Las Vegas Reporter's Killer, Alludes to Trump Instead [AUDIO] - The @EverettHerald asked the @MurraSee omnystudio.com/listener for privacy information.

Eric Baxter, Senior Counsel for the Becket Fund The Becket Fund for Religious Liberty

On "EWTN News Nightly" tonight: President Biden will deliver a speech before Congress where he will outline his “American Families Plan.” Ahead of that speech, lawmakers from across the country give their take on how the president will sell his infrastructure bill to the people. Lawmakers on both sides of the fence are already reacting to the President's American Family Plan and the multi trillion dollar price tag. The Holy See's Office for the Doctrine of the Faith, recently hosted a study day on the dissolution of marriages. Senior Rome Correspondent for Catholic News Agency, Hannah Brockhaus, joins to tell us more about the study day and why it was held now. And two Catholic dioceses are among the groups appealing to the Supreme Court against the state of New York's abortion coverage mandate. Senior Counsel at the Becket Fund for Religious Liberty, Eric Baxter, tells us a little about this appeal. Finally this evening, the Centers for Disease Control and Prevention released new coronavirus guidelines on Tuesday. They say fully vaccinated Americans can go outdoors without wearing a mask. Dr. Bob Lahita, joins to tell us a little more about these new mask guidelines and whether he agrees with the CDC guidelines on mask wearing in public. Don't miss out on the latest news and analysis from a Catholic perspective. Get EWTN News Nightly delivered to your email: https://ewtn.com/enn

Ashley and Wayne discuss the death of Eric Baxter as featured on the Oxygen docu-series "Cold Justice" season 1 episode 5 "Hiding in Plain Sight".

In today's News: Concordia Seminary offers online visitations Two online visitation events are scheduled for February at Concordia Seminary, St. Louis; one for high school men, and another for college-age and second-career prospective students planning to study to become pastors and deaconesses. Registration is now open for Taste of the Sem for high school men Feb. 13-15 and Green & Gold Day for prospective students planning to study to become pastors and deaconesses Feb. 20. The events are typically held in person but have been moved online because of the coronavirus pandemic. Both events are free. Pro-abortion Democrats take the Senate Democratic candidate Jon Ossoff defeated Incumbent Republican Georgia Sen. David Perdue in Tuesday’s runoff election. The victory for the pro-abortion Democrat over the pro-life senator essentially puts the Senate in democrat hands by giving pro-abortion radical Kamala Harris the tie-breaking vote if she becomes vice president. With both senators losing their races, the Senate will have a 50-50 party split, and, if she’s vice-president, Harris, a pro-abortion Democrat, would cast the deciding vote on issues like forcing taxpayers to fund abortions and expanding late-term abortions. Study shows gender dysphoric men outperform women Biological men who identify as women continue to outperform biologically-female athletes for at least two years after they begin receiving “feminizing therapy” (female hormones), a new study shows. “The results, published last month in the British Journal of Sports Medicine, could mean the current one-year waiting period for Olympic athletes who are transitioning is inadequate,” NBC reported on Tuesday. States seeking to ban transgender athletes from competing against biological females in school sports are citing the study to document that athletes born as biological males have an unfair advantage over biological females. California defines women’s breasts as ‘abnormal’ The California insurance commissioner is clarifying that insurance coverage on double mastectomies for gender dysphoric females is not "cosmetic" but "reconstructive," and classifying normal breast tissue as "abnormal structures of the body caused by congenital defects." The move paves the way for more minor girls who identify as something other than their biological sex to undergo breast amputation. Arguments heard on the ‘Ministerial Exception’ The highest court in Massachusetts heard oral arguments on Monday regarding whether an evangelical Christian higher education institution can lawfully refuse to promote a former professor who held pro-LGBT views. The Massachusetts Supreme Judicial Court heard arguments virtually over a lawsuit filed against Gordon College by former associate professor Margaret Deweese-Boyd. At issue is whether Gordon, founded in 1889, could lawfully deny a promotion to Deweese-Boyd by citing the “ministerial exception,” a legal principle that allows religious bodies to choose their own ministerial staff with exemption from employment discrimination law. Eric Baxter, an attorney with the Becket Fund for Religious Liberty who is representing the school, argued in his opening remarks that the exception applied to the employment of Deweese-Boyd since she was expected to undertake certain religious obligations.

In 1990, the Supreme Court startled the nation with a decision in Employment Division v. Smith that upended the long-established understanding of the First Amendment’s religious liberty protections. Rather than subjecting all government burdens on religion to strict scrutiny, as had been done in the past, the Court announced that burdens resulting from neutral and generally applicable laws are not barred by the Free Exercise Clause. Religious exercise would be protected only against laws specifically targeting religion. The decision immediately sparked condemnation from civil rights groups across the political spectrum, was rejected by Congress and 32 states, and has been criticized by prominent scholars and at least ten Supreme Court Justices. Recently, Justice Alito, joined by Justices Thomas, Gorsuch, and Kavanaugh suggested that Smith should be “revisited,” noting that it “drastically cut back on the protection provided by the Free Exercise Clause.” George Ricks has spent forty years as a construction worker in Idaho, and in 2014, sought to register as a general contractor so he could run his own business. Ricks, however, has religious objections to using his Social Security number to obtain work, and the State of Idaho—even though it can access his number in other ways—refuses to let him register without providing it himself. After Ricks sued, the Idaho courts applied Smith to deny him relief. Eric Baxter, counsel for Ricks, will discuss the merits and procedural posture of Ricks v. Idaho Contractors Board.Featuring:-- Eric Baxter, Vice President and Senior Counsel, Becket Fund for Religious Liberty

In 1990, the Supreme Court startled the nation with a decision in Employment Division v. Smith that upended the long-established understanding of the First Amendment’s religious liberty protections. Rather than subjecting all government burdens on religion to strict scrutiny, as had been done in the past, the Court announced that burdens resulting from neutral and generally applicable laws are not barred by the Free Exercise Clause. Religious exercise would be protected only against laws specifically targeting religion. The decision immediately sparked condemnation from civil rights groups across the political spectrum, was rejected by Congress and 32 states, and has been criticized by prominent scholars and at least ten Supreme Court Justices. Recently, Justice Alito, joined by Justices Thomas, Gorsuch, and Kavanaugh suggested that Smith should be “revisited,” noting that it “drastically cut back on the protection provided by the Free Exercise Clause.” George Ricks has spent forty years as a construction worker in Idaho, and in 2014, sought to register as a general contractor so he could run his own business. Ricks, however, has religious objections to using his Social Security number to obtain work, and the State of Idaho—even though it can access his number in other ways—refuses to let him register without providing it himself. After Ricks sued, the Idaho courts applied Smith to deny him relief. Eric Baxter, counsel for Ricks, will discuss the merits and procedural posture of Ricks v. Idaho Contractors Board.Featuring:-- Eric Baxter, Vice President and Senior Counsel, Becket Fund for Religious Liberty

Last week a federal judge issued a ruling for Business Leaders in Christ (“BLinC”), a religious student organization, in their case against the University of Iowa. In November 2017, BLinC was kicked off campus for requiring its leaders to sign a statement of faith. The students had been told that their beliefs concerning marriage and sexuality were “discriminatory on their face” and violated the University’s human rights policy. To be reinstated, BLinC would have had to delete any mention of these beliefs from its constitution and establish procedures for selecting leaders without regard to religion. Eric Baxter, from the Becket Fund for Religious Liberty, will talk about the lawsuit, how University officials explained their actions, and what impact the recent ruling in BLinC’s favor will have on CLS v. Martinez.Featuring: Eric Baxter, VP & Senior Counsel, The Becket Fund for Religious Liberty Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Last week a federal judge issued a ruling for Business Leaders in Christ (“BLinC”), a religious student organization, in their case against the University of Iowa. In November 2017, BLinC was kicked off campus for requiring its leaders to sign a statement of faith. The students had been told that their beliefs concerning marriage and sexuality were “discriminatory on their face” and violated the University’s human rights policy. To be reinstated, BLinC would have had to delete any mention of these beliefs from its constitution and establish procedures for selecting leaders without regard to religion. Eric Baxter, from the Becket Fund for Religious Liberty, will talk about the lawsuit, how University officials explained their actions, and what impact the recent ruling in BLinC’s favor will have on CLS v. Martinez.Featuring: Eric Baxter, VP & Senior Counsel, The Becket Fund for Religious Liberty Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

On June 5, 2017, the Supreme Court decided Advocate Health Care Network v. Stapleton, which is consolidated with Saint Peter’s Healthcare System v. Kaplan, and Dignity Health v. Rollins. The Employee Retirement Income Security Act of 1974 (ERISA) requires that employee retirement plans contain certain safeguards, but exempts “church plan[s]” from these requirements. Under 29 U.S.C. 1002(33)(A), the term “church plan” means “a plan established and maintained… by a church or by a convention or association of churches which is exempt from tax….” After a controversy involving an Internal Revenue Service determination that the church plan exemption did not encompass pension plans established and maintained by two orders of Catholic sisters for the employees of their hospitals, Congress amended the statute to add subsection (C), which provides: “A plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches includes a plan maintained by an organization, whether a civil law corporation or otherwise, the principal purpose or function of which is the administration or funding of a plan or program for the provision of retirement benefits or welfare benefits, or both, for the employees of a church or a convention or association of churches, if such organization is controlled by or associated with a church or a convention or association of churches.” -- Plaintiffs in this case are a group of employees who work for church-affiliated non-profits. Plaintiffs sued the non-profits, alleging that their retirement plans are subject to ERISA and that by failing to adhere to ERISA’s requirements the non-profits have breached their respective fiduciary duties. Defendants moved for summary judgment, but the district court denied the motions because it determined that a plan established and maintained by a church-affiliated organization was not a church plan within the meaning of the statutory language. The U.S. Court of Appeals for the Seventh Circuit affirmed. -- By a vote of 8-0, the Court reversed the judgment of the Seventh Circuit. In an opinion by Justice Kagan, the Court held that under ERISA, a defined-benefit pension plan maintained by a principal-purpose organization -- one controlled by or associated with a church for the administration or funding of a plan for the church's employees -- qualifies as a "church plan," regardless of who established it. All members joined her opinion except for Justice Gorsuch, who took no part in the consideration or decision of the case. Justice Sotomayor filed a concurring opinion. -- To discuss the case, we have Eric Baxter who is Senior Counsel at The Becket Fund for Religious Liberty.

Advocate Health Care v. Stapleton is a combination of three cases, Advocate Health Care v. Stapleton, St. Peter’s Healthcare v. Kaplan, and Dignity Health v. Rollins, that confront the Employee Retirement Income Security Act of 1974 (ERISA) as it applies to churches and non-church religious non-profits. ERISA sets minimum standards for pension plans in private industry, such as an appeals process for participants and the right to sue for benefits. Churches are exempted from ERISA, however, the circuit courts have split over whether non-profit hospitals and schools are also exempted. Eric Baxter of the Becket Fund joined us again to discuss the 8-0 decision issued by the Supreme Court on June 5. -- Featuring: Eric Baxter, Senior Counsel, The Becket Fund for Religious Liberty.

On March 27, 2017, the Supreme Court heard oral argument in Advocate Health Care Network v. Stapleton, which is consolidated with Saint Peter’s Healthcare System v. Kaplan and Dignity Health v. Rollins. The Employee Retirement Income Security Act of 1974 (ERISA) requires that employee retirement plans contain certain safeguards, but exempts “church plan[s]” from these requirements. Under 29 U.S.C. 1002(33)(A), the term “church plan” means “a plan established and maintained… by a church or by a convention or association of churches which is exempt from tax….” After a controversy involving an Internal Revenue Service determination that the church plan exemption did not encompass pension plans established and maintained by two orders of Catholic sisters for the employees of their hospitals, Congress amended the statute to add subsection (C), which provides: “A plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches includes a plan maintained by an organization, whether a civil law corporation or otherwise, the principal purpose or function of which is the administration or funding of a plan or program for the provision of retirement benefits or welfare benefits, or both, for the employees of a church or a convention or association of churches, if such organization is controlled by or associated with a church or a convention or association of churches.” -- Plaintiffs in this case are a group of employees who work for Advocate Health Care Network (Advocate) and are members of Advocate’s retirement plan. Advocate is affiliated with a church, though it is not owned or financially operated by the church. Plaintiffs sued Advocate, arguing that the Advocate retirement plan is subject to ERISA, and therefore, by failing to adhere to ERISA’s requirements, Advocate has breached its fiduciary duty. Defendants moved for summary judgment, but the district court denied the motion because it determined that a plan established and maintained by a church-affiliated organization was not a church plan within the meaning of the statutory language. The U.S. Court of Appeals for the Seventh Circuit affirmed. -- The question now before the Supreme Court is whether the Employee Retirement Income Security Act of 1974's church-plan exemption applies so long as a pension plan is maintained by an otherwise-qualifying church-affiliated organization, or whether the exemption applies only if, in addition, a church initially established the plan. -- To discuss the case, we have Eric Baxter, who is Senior Counsel of the Becket Fund for Religious Liberty.

This case is a combination of three cases, Advocate Health Care v. Stapleton, St. Peter’s Healthcare v. Kaplan, and Dignity Health v. Rollins, that confront the Employee Retirement Income Security Act of 1974 (ERISA) as it applies to churches and non-church religious non-profits. ERISA sets minimum standards for pension plans in private industry, such as an appeals process for participants and the right to sue for benefits. Churches are exempted from ERISA, however, the circuit courts have split over whether non-profit hospitals and schools are also exempted. Eric Baxter of the Becket Fund joined us to recap the oral arguments for this case, which were held on March 27. -- Featuring: Eric Baxter, Senior Counsel, The Becket Fund for Religious Liberty.