Potential Biden Supreme Court Nominee’s Stunning Position on Religious Liberty
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Potential Biden Supreme Court Nominee’s Stunning Position on Religious Liberty
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Leondra Kruger, now a justice on California’s highest court, argued on behalf of the Obama administration in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, which involved whether religious organizations had to abide by anti-discrimination laws when choosing religious leaders.
“The position that Kruger staked out as a litigant in Hosanna-Tabor against the ministerial exception — one that even Justice Kagan described as ‘amazing’ during oral argument — suggests that she could be hostile to religious liberty if she were appointed,” Judicial Crisis Network president Carrie Severino told Fox News Digital in a Monday statement.
“Given that Hosanna-Tabor was unanimously decided, such a position would shift the Court’s liberal wing even further to the left, which of course is the desire of the liberal dark money groups who spent $1.5 billion in 2020 to help elect President Biden and Senate Democrats,” she continued.
Kruger broadly argued against a doctrine known as the “ministerial exception,” which generally bars the government from intruding into how religious organizations choose their leaders.
The ministerial exception is what protects religious groups’ “freedom to make employment decisions based on their beliefs, including their beliefs on marriage and human sexuality,” for ministerial positions, notes the Alliance Defending Freedom, a conservative legal group.
The justice’s ruling recognized that “it is impermissible for the government to contradict a church’s determination of who can act as its ministers.”
In his opinion, Chief Justice John Roberts wrote that the Obama administration’s argument was “hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations.”
“We cannot accept the remarkable view that the Religion Clauses have nothing to say about a religious organization’s freedom to select its own ministers,” he opined.
During oral arguments, Roberts pressed Kruger on whether there is “a ministerial exception distinct from the right of association under the First Amendment.” . . .
“Is there anything special about the fact that the people involved in this case are part of a religious organization?” Roberts retorted.
Kruger said her team thought the Court “has elaborated in other cases involving similar claims to autonomy, noninterference” but was interrupted by Roberts.
“Is that a ‘no?’ You say it’s similar to other cases. Expressive associations — a group of people who are interested in labor rights have expressive associations,” Roberts asked. “Is the issue we are talking about here in the view of the United States any different than any other group of people who get together for an expressive right?”
Kruger said her side believed “the basic contours of the inquiry are not different” before repeating her point about similar cases, eliciting a response from several justices.
“That’s extraordinary… We’re talking here about the Free Exercise Clause and about the Establishment Clause, and you say they have no special application to –,” the late Justice Antonin Scalia said, with Kruger finishing his sentence.
“The contours — but the inquiry that the Court has set out as to expressive associations we think translate quite well to analyzing the claim that Petitioner has made here. And for this reason, we don’t think that the job duties of a particular religious employee in an organization are relevant to the inquiry….” Kruger said.
“So, this is to go back to Justice Scalia’s question, because I too find that amazing, that you think that the Free — neither the Free Exercise Clause nor the Establishment Clause has anything to say about a church’s relationship with its own employees,” Justice Elena Kagan said.
What are your thoughts of Leondra Kruger’s views on religious freedom? Let us know in the comments below!
(Excerpt from Fox News. Article written by Houston Keene. Photo Credit : Istock)
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Dear Heavenly Father,
I pray for our rulers and leaders that You will grant them mercy and grace, and tier hearts will soften, and their ears and eyes will be opened to You!
I pray in faith believing, that You will do as You say you will!!
“If my people who are called by my name will humble themselves, and pray, and seek my face, and turn from their wicked ways, then I will hear from heave, I will forgive their sin, and heal their land!.”
Thank You LORD, that you are a good Father, and true to Your Word! There is no variableness, shadow of turning, with You! We thank You and give You all praise and glory to You our God and Abba Father!
In the strong , strong name of Jesus we pray all our prayers,
Amen, Amen, Amen
Keep government out of the churches choice of ministers. Prevent communist control of our churches.
Not surprising that the evil one is using every possible weapon to undermine the Church. Scripture tells us we will have trouble and experience persecution. We as Christians dare not forget the source of our strength to defeat the enemy. Pray and never give up.
Father help us to maintain proper Godly humility when we read and hear about these types of people and legal cases, so that we would not fall into any enemy trap of thinking we are actually any better, help us to remember the only thing good about us is Christ in us, the HOPE of glory, Even Paul admitted he had not arrived, help the church to stay informed about these news issues in a scriptural manner, keeping cognizant and on our guard against all types of enemy schemes including refusing any type of religious hatred and finger pointing toward unsaved, which is born out of self righteousness, being wise as serpents, harmless as doves, Father so many in the church are babes, carnal, lacking wisdom and discernment, raise up and promote Bible teachers and leaders who rightly divide the word of truth, who move, speak, walk, teach, and pray as led by your spirit so that they can help the church grow up and do the same, taking our rightful holy authority in effective prayer that frees our nation from the tyranny of the enemy back to freedom to be one nation, under God, indivisible, Praying in leaders into places and positions of influence
Whom you have raised up as people of integrity who will protect our nation and constitution regardless of what faith or belief system they are who will not use their position to pervert that freedom, we ask in Jesus name, for you to do all this, believing you heard and are answering this prayer.
Luke 18:11
The Pharisee having stood, was praying toward himself thus: ‘God, I thank You that I am not like the rest of the men–swindlers, unrighteous, adulterers–or even like this tax collector.
Lord I pray that we would have judges who would respect your law on the earth. Restore the foundations of our law and keep unlawful judges off the bench who serve evil not truth. In Jesus name amen.
She has no business on the supreme court. She does not look at the protection of the constitution. It’s a no brained. And so is she!
She has business on the supreme court. She does not look at the protection of the constitution. It’s a no brained. And so is she!
So is this black woman a woman or a birthing person? Inquiring minds would like to know? Just pointing out the obvious lunacy of the underlying confused and lost souls!
Dear Jesus thank you for being the light that dispels all darkness! Bless your holy and righteous name! King Jesus rules and reigns supreme!
Father, I come to You in the Name of Jesus, thanking You for how faithful and good that you are, and asking You to please lead America’s President to the right and Godly person to choose for the Supreme Court nominee. Again, I ask this in the name of your Precious Son, Our Lord & our Saviour, Jesus Christ!!! Amen & Amen
If a black woman is truly the best qualified candidate, so be it. But I wonder why there are any non-black nominees? The decision has already been stated clearly by Biden. This is obviously a blatant example of Biden’s racism. Skin color is surely a stupid basis for nominating a person to a life-long position in the most powerful court in the US. Haven’t heard any Latinos screaming for this kind of bias. I sincerely hope and pray that whoever is nominated is scrutinized to the hilt…. every high school yearbook note, every teenage and young adult activity and associate…. all the Hell that Kavanaugh was put thru.
No organization should be forced to hire a person who is not in agreement with their policies. JCPenney should not be forced to hire a person who states they hate retail stores. A gas station should not be forced to hire someone who refuses to use gas and talks against anyone who does not drive an electric car. A church or religious organization should not be forced to hire anyone who disagrees with their Biblical moral stand against homosexuality or other sexual perversions. Why would that person even want to be hired? If the motive is to “infiltrate”, there should be a requirement for all applicants to sign an agreement with the basic policies and foundational beliefs of the organization.
All who are against the Constitution are committing treason against the United States of America. I will not call Joe Biden “President.” He is not the President of the United States. He commits treason and citizens just want to accept that??? That is what is remarkable and stunning to me.
….but I LOVE Jessica’s reiteration of a vision on in the Body of Christ received, a hand wiping the dust from their eyes….Our God can briando ANYTHING-let it be so, Lord of All !!!
appalling and irreverent
Leondra Kruger evidently does not hold to the Constitution regarding religious freedom. It wouldn’t surprise me if she didn’t hold to the whole of the Constitution, either. Lord, if any nominee for the SCOTUS does not put YOU AND YOUR WAYS FIRST, block them from approved, in Jesus’ name!
Lord, I pray that you will destroy all the plans and schemes of the left to elect Kruger to the Supreme Court, and all other plans to destroy this country. May you have mercy on us, I pray. You are Almighty God and we, your children trust you. To you be glory, honor and power. In your Holy Name I pray, Amen.
Any one who has beliefs such as Judge Kruger should never be nominated for the SCOTUS and definitely should never be approved to serve on the SCOTUS!!!!! Freedom of religion is our God given and constitutional right.
!!!
Before we criticize and even curse this possible replacement for Supreme Court Justice Breyer, let’s combine this article with the Jan. 29 IFA article “Who Will Replace Justice Breyer?”
That article describes how “intercessor Terri” had an inner vision leading to a prayer assignment from the LORD. Here is what she saw, what she asked God and what He shared with her, I believe, for all of us.
“While Dave spoke, Terri prayed with her eyes closed. As she prayed, she had a vision of the head and shoulders of 3 figures in black justice robes. She could see the face of only one–a Black woman. This woman had dust particles in front of her eyes. Then a hand came up from the left and flicked the dust particles away.
“The vision ended and Terri asked the Lord what it meant. Terri’s next thought was to pray for this woman, that the dust would be removed and that she could see.
“A few hours later that day the announcement came out that Justice Breyer was retiring and that President Biden will be picking a Black woman to replace him.
“Intercessors, this is our assignment: pray for the woman whom President Biden appoints to the Supreme Court. Pray that any dust before her eyes will be flicked away so that she will see clearly about the Constitution and our laws.”
Keep praying Intercessors, we are just tools in God’s kingdom. HE IS the God who makes a way when we are hemmed in and surrounded. That the world may KNOW HIM and HIS goodness! Continue to linger in His presence and be filled with HIS PEACE and HIS WISDOM that our hearts will be pure that our words and actions bring others to see Christ redemptive power. We must be gracious and steadfast. In a dark world the light of God’s word and His LOVE only through the HOLY SPIRIT are hearts and minds changed. We live dependent on you LORD, you are are rock and we pray to have mercy and courage to live selflessly for HIS GLORY.
LET us NOT be grumblers or faultfinders but TRUSTERS and FAITHFUL and STEADFAST and WORSHIPPERS
JUDE
20 But you, dear friends, by building yourselves up in your most holy faith and praying in the Holy Spirit, 21 keep yourselves in God’s love as you wait for the mercy of our Lord Jesus Christ to bring you to eternal life.
22 Be merciful to those who doubt; 23 save others by snatching them from the fire; to others show mercy, mixed with fear—hating even the clothing stained by corrupted flesh.
I am surprised that you would post a news article from one source with a strong bias, and not include any other information that documents Kruger’s broader history. I value this site’s call to prayer, but now question your political focus.
I see it more of a Biblical focus.
It depends on what eyes you are looking from.
Nothing shocking here. This is SO typical of Biden. Would you really expect him to nominate anyone who was not radical in their beliefs? Lord, please let Your will to prevail in the nomination for a SCOTUS nominee. I also pray that Your will would be done in the nomination process. You are in control of everything, including this situation. Thank You, Jesus.
When the foundation falls away, the house falls with it because the house is no longer supported by a firm foundation. The Constitution is the foundation of our country, No other nation on the planet has a foundation like ours. This foundation has allowed us to rise to great heights, to grow, to solve problems, to prosper individually and collectively. Now the foundation, our Constitution, is under attack. If it falls, our country falls with it. A house cannot stand without a sure foundation. The United States cannot stand and live and grow without the foundation of our Constitution. Any justice that disregards our Constitution and does not seek to preserve, protect and uphold it is causing the death of our beloved, once free, country. If we remain silent, evil will win. Praying 2 Chronicles 7:14 along with you all. http://www.mtothe5th.wordpress.com
She is a very dangerous person. Everyone in this country needs to protest her appointment to the Supreme Court. “My rights gone today, your rights gone tomorrow”.
I fear that if Leondra Kruger’s views on “religious freedom” are given any credence, then the Church, indeed, any religious organization, will be subject to being made an arm of the State.
Kruger is a bad choice for our for our religious freedoms, our nation and for our constitution.
Thanks to Adele for the research on the “Separation of Church and State” – saved me a lot of effort. Current topic in our church’s War Room” for men is “Go(o)d Citizens” program and this is a key topic. Additionally, one might note that the Oath for citizenship for immigrants ends “so help me God”. It is NOT so help me Allah, Satan, etc. They and atheists thereby disqualify themselves for citizenship.
Let’s face it. The left and those who represent it in government only want to follow the separation of church and state policy when they believe it can be used to their advantage. This person, who obviously has no intention of following constitutional protections for religious liberty, has no business serving on any court much less the Supreme Court … in my opinion. Pray for her as well as our entire country!
If you can’t pass the legislature argue in the courts. It is ashame our freedoms are being erased only God can stop this. 2Chron 7:14 is our answer and not enough of us are doing this.
Her views are SCARY!!! She seems to have no intentions to abide by the freedoms of the Constitution or to uphold religious freedom. Is this just another tell-tale sign of the coming of the “end times?”
So much for the leftist agressive stand of ‘Separation of Church and State’.
It is clear this is their ‘sacred cow’ to be selectively used when it suits the anti-christ anti-freedom /anti-liberty/ anti-humanity/ intolerant anti-religious and bigoted atheism (nazi/communist/socialist) camp. Lucifer & the luciferians are becoming desparate in their failed attempts to replace our constitution – under false pretexts.
In the same manner that these reprobates targeted Christian businesses (Phillips, a Christian, refused a request from the men as a cake artist and owner of Masterpiece Cakeshop in 2012). Now 10 Years later, these despots are at it again and by the Sovereign Will of Almighty God these agents of darkness will get another divine smackdown.
https://www.baptistpress.com/resource-library/news/cake-bakers-7-2-scotus-win-affirms-religious-liberty/:
In a 7-2 opinion, a high court majority that included conservatives and liberals ruled the Colorado Civil Rights Commission violated the religious free exercise clause of the First Amendment by penalizing Jack Phillips for declining to design and decorate a cake for the wedding of two men. The commission demonstrated “religious hostility” toward Phillips in its action, the justices said in a decision on one of multiple court cases involving wedding vendors who oppose using their talents in support of same-sex marriage.
Religious freedom advocates praised the high court’s decision.
“The Supreme Court got this one right,” said Russell Moore, president of the Southern Baptist Ethics & Religious Liberty Commission (ERLC), in a written statement. “I have long been concerned by the erosion of religious liberty and the characterizing of some of the most basic religious convictions of millions of Americans as hateful or bigoted. So I was very glad to see the strong rebuke of hostility toward religious people’s viewpoints.”
https://www.allabouthistory.org/separation-of-church-and-state.htm
Separation of Church and State – The Metaphor and the Constitution
“Separation of church and state” is a common metaphor that is well recognized. Equally well recognized is the metaphorical meaning of the church staying out of the state’s business and the state staying out of the church’s business. Because of the very common usage of the “separation of church and state phrase,” most people incorrectly think the phrase is in the constitution. The phrase “wall of separation between the church and the state” was originally coined by Thomas Jefferson in a letter to the Danbury Baptists on January 1, 1802. His purpose in this letter was to assuage the fears of the Danbury, Connecticut Baptists, and so he told them that this wall had been erected to protect them. The metaphor was used exclusively to keep the state out of the church’s business, not to keep the church out of the state’s business.
The constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Both the free exercise clause and the establishment clause place restrictions on the government concerning laws they pass or interfering with religion. No restrictions are placed on religions except perhaps that a religious denomination cannot become the state religion.
However, currently the implied common meaning and the use of the metaphor is strictly for the church staying out of the state’s business. The opposite meaning essentially cannot be found in the media, the judiciary, or in public debate and is not any part of the agenda of the ACLU or the judiciary.
This, in conjunction with several other factors, makes the “separation of church and state” metaphor an icon for eliminating anything having to do with Christian theism, the religion of our heritage, in the public arena. One of these factors is the use of the metaphor in place of the actual words of the constitution in discourse and debate. This allows the true meaning of the words in the constitution to be effectively changed to the implied meaning of the metaphor and the effect of the “free exercise” clause to be obviated. Another factor facilitating the icon to censor all forms of Christian theism in the public arena is a complete misunderstanding of the “establishment” clause.
Separation of Church and State – The Establishment Clause in Context
In addition to the “Separation of Church and State” metaphor misrepresenting the words of the establishment clause, the true meaning of the establishment clause is also misrepresented. The “establishment” clause states, “Congress shall make no law respecting an establishment of religion. . .” Before these words can be put in context and the true meaning of the clause can be correctly identified, we need to examine the word “religion” and put it in America’s historical context at the time the constitution was framed. In addition, we need to examine the previous European historical background of the founders of our country to identify what specifically motivated them to place the “establishment” clause in the constitution.
To accomplish this, we need to add more specificity to the word “religion” to clarify both the American and European historical backgrounds and put the word “religion” in proper context. We need to delineate between doctrinal and denominational religion. We also need to understand that the doctrinal religion being discussed is Christian Theism, which is defined by a belief in the Bible. We know what specific Christian denominational religions are.
Separation of Church and State – Constitution Framers Historical Context
The “Separation of Church and State” metaphor blurs the distinction between a doctrinal religion and a denominational religion. This places the doctrinal religion we have embraced in the same basket as an organized denominational religion with potential to merge with the state. The documentary evidence of the doctrinal Christian religion origin of this nation is voluminous. The Supreme Court thoroughly studied this issue, and in 1892 gave what is known as the Trinity Decision. In that decision the Supreme Court declared, “this is a Christian nation.” John Quincy Adams said, “The highest glory of the American Revolution was, it connected in one indissoluble bond, the principles of civil government with the principles of Christianity.” The founders were definitely Christian for the most part. At least 90 to 95 percentage of them were practicing, Trinitarian Christians. This and the additional supporting evidence below show conclusively that the concern that motivated the framers to include the establishment clause in the constitution was definitely not fear of the doctrinal religion of Christian Theism. It was understood that Christian Theism was the default state doctrinal religion. As opposed to being something to fear, it was something believed to be vital to the success of our government. Consequently, the framers feared a state denominational religion not a state doctrinal religion! Some additional evidences that indicate Christian Theism was the national doctrinal religion are listed below:
Emblazoned over the Speaker of the House in the US Capitol are the words “In God We Trust.”
The Supreme Court building built in the 1930’s has carvings of Moses and the Ten Commandments.
God is mentioned in stone all over Washington D.C., on its monuments and buildings.
As a nation, we have celebrated Christmas to commemorate the Savior’s birth for centuries.
Oaths in courtrooms have invoked God from the beginning.
The founding fathers often quoted the Bible in their writings.
Every president that has given an inaugural address has mentioned God in that speech.
Prayers have been said at the swearing in of each president.
Each president was sworn in on the Bible, saying the words, “So help me God.”
Our national anthem mentions God.
The liberty bell has a Bible verse engraved on it.
The original constitution of all 50 states mentions God.
Chaplains have been in the public payroll from the very beginning.
Our nations birth certificate, the Declaration of Independence, mentions God four times.
The Bible was used as a textbook in the schools.
Among the excellent observations and conclusions in this essay are the clarification about the relationship of church and state–not to stay out of each other’s business but to keep the state out of the church’s business and to prevent a state-authorized church. >The constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Both the free exercise clause and the establishment clause place restrictions on the government concerning laws they pass or interfering with religion. NO RESTRICTIONS ARE PLACED ON RELIGION [NOT RELIGIONS] except perhaps that a religious denomination cannot become the state religion.<
Of COURSE the founders did not want to keep God or the ethics and morality of religion from affecting the government! They not only carved Biblical precepts into the walls of our civic buildings but through their public speeches and pronouncements they brought prayer and Biblical morality into every branch and chamber of our government. They claimed religion vital to the just, righteous and successful running of this nation, that our nation could not stand without it.
Also good (I had not understood this distinction) is the comparisons between "doctrinal religion and a denominational religion."
Thank You, Father God, that You are the LAW above the law, above the highest court in our land. We ask Your divine intervention not only with the present justices, but in choosing the next Supreme Court justice. We pray salvation for the nominees and for those doing the choosing because You wish all men to be saved (1 Tim 2:4). As Saul was knocked off his high horse and transformed into Paul by the “Light of the world,” we ask on the mountain of government, that You do it again! Within their souls, may these people walking in darkness say, as did Paul: 1 Timothy 1:13 Though I formerly blasphemed and persecuted and was shamefully and outrageously and aggressively insulting [to Him], nevertheless, I obtained mercy because I had acted out of ignorance in unbelief.” We ask this in the Name of Jesus. Be glorified!
Praying the their plan to take God out of America will not stand. I pray the Lord of Hosts will arise and scatter the enemies plan in Jesus name.🙏🔥🩸