Liberty Counsel

Liberty Counsel is a 501(c)(3)[2] tax-exempt religious liberty organization that promotes litigation related to evangelical Christian values.[5] Liberty Counsel was founded in 1989[1] by its chairman Mathew D. Staver and its president Anita L. Staver, who are attorneys and married to each other. The Southern Poverty Law Center has listed Liberty Counsel as an anti-LGBT hate group, a designation the group has disputed.[6] The group is a Christian ministry.[7]

Liberty Counsel, Inc.
FoundedDecember 26, 1989 (1989-12-26)[1]
FounderMathew D. Staver
Type501(c)(3) nonprofit organization[2]
59-2986294[3]
HeadquartersMaitland, Florida, United States[1]
ServicesPro bono assistance and representation[4]
Mathew D. Staver
President
Anita L. Staver
Candice McGuire
Robert Miller
Revenue (2015)
$5,572,566[3]
Expenses (2015)$5,263,709[3]
Employees (2014)
38[lower-alpha 1][3]
Volunteers (2014)
264[3]
Websitewww.lc.org

History

Liberty Counsel started as a religious liberty organization that focused its litigation efforts on freedom of speech cases.[8]

Positions and responses

In 1998, Liberty Counsel was part of a diverse coalition that backed a Florida bill[9] to expand religious protections, joining with the ACLU, Florida Family Counsel, Aleph Institute and Justice Fellowship.[10]

In 2011, the organization expressed that defining "personhood" as beginning at conception was a path to barring abortion.[11]

Liberty Counsel opposed the repeal of the U.S. military's former policy "Don't Ask, Don't Tell" that banned personnel from openly identifying as gay, lesbian, or bisexual.[12] The group opposes the addition of sexual orientation, gender identity, or similar provisions to hate crimes legislation,[13] including the anti-lynching bill passed unanimously by the Senate in 2018.[14] The group issued a statement, saying that an "anti-lynching bill should apply to everyone".[15] It also opposes same-sex marriage and same-sex civil unions.[16]

Liberty Counsel has been listed as an anti-gay group by the Southern Poverty Law Center (SPLC).[17] In October 2015, SPLC listed the group as a hate group, in part for opposing LGBT individual's participation in the Scouts and for Liberty Counsel's leadership implicitly comparing gay men to pedophiles.[18][19] Liberty Counsel has challenged that designation[20] and the Associated Press's reporting thereof.[21] Fox News referred to that designation as a "smear".[22]

In June 2017, it sued GuideStar USA, Inc., an information service specializing in reporting on U.S. nonprofit companies, for flagging it as having been labeled a hate group by the SPLC. In January 2018, a Virginia Federal judge dismissed Liberty Counsel's legal action and ruled that GuideStar has First Amendment protection for its "expressive right to comment on social issues." The SPLC was not named in the lawsuit.[23] GuideStar removed the labels from the entries for Liberty Counsel and 45 other organizations shortly after adding them, saying: "Dismayingly, a significant amount of the feedback we've received in recent days has shifted from constructive criticism to harassment and threats directed at our staff and leadership. With this development in mind—driven by both our commitment to objectivity and our concerns for our staff's wellbeing—we have decided to remove the SPLC annotations from these 46 organizations for the time being."[24]

Staver voiced support for a ruling that gave religious exemption allowing employers to forego providing access to birth control that had been required by Affordable Care Act.[25]

Activities

In 2000, Liberty Counsel threatened legal action against a public library in Jacksonville, Florida after the library held a party that featured readings from Harry Potter books and distributed "Hogwarts' Certificate of Accomplishment" to the children who attended.[26] Staver said, "Witchcraft is a religion, and the certificate of witchcraft endorsed a particular religion in violation of the First Amendment's Establishment Clause."[27][28]

Liberty Counsel sponsors an annual "Day of Purity" campaign where youth wear white T-shirts to show their commitment to sexual abstinence until marriage. [29]

In December 2005, Liberty Counsel issued a press release accusing an elementary school in Dodgeville, Wisconsin, of changing the lyrics of Christmas songs to make them more secular, and said that it would sue the school district "if the district does not immediately remedy the situation." The school was putting on the play "The Little Tree's Christmas Gift", written by Dwight Elrich, a former church choir director.[30] The Dodgeville school district attempted to seek a retraction and an apology from Liberty Counsel, as well as reimbursement of $20,000 spent in personnel, security, and attorney fees to fight the accusation. Liberty Counsel's Staver refused, asserting, "There is nothing to apologize for or retract."[31]

When a Deltona, Florida city hall Black History Month display intended to include only memorabilia provided by city employees removed religiously-themed paintings by Lloyd Marcus, the Liberty Counsel sued. The city opened up the display to material provided by citizens, including Marcus, while saying that this change was not occasioned by the suit.[32][33]

In November 2015, a Wisconsin school cancelled plans to read the book I am Jazz, by Jessica Herthel and transgender teen Jazz Jennings after Liberty Counsel threatened a lawsuit.[34] The planned reading had been to help the students comprehend what one of their fellow students was going through and to give her support. In response to the cancellation, a public reading of the book was held at the local library the following month, an event that drew an attendance of almost 600 people.[35] This led to similar reading events held in dozens of public schools, churches, community centers, and libraries in eight states on January 14, 2016,[36] and then the recurring annual event "Jazz & Friends", backed by the National Educational Association and the Human Rights Campaign.[37][38]

In July 2016, Liberty Counsel lobbied[39] the Romanian Constitutional Court for a referendum on defining marriage as "the union between one man and one woman".[40] Groups linked to the Orthodox Church[41] and united under the umbrella Coaliția pentru familie (Coalition for Family) collected 3 million signatures[42] to seek the constitutional amendment.

Lawsuits

In 1993, Liberty Counsel sued the Orlando airport over a literature distribution policy that required proof of liability insurance.[43] The court granted the couple who sought to distribute religious literature a 10-day restraining order allowing them to distribute their material, but refused to extend it beyond the date originally requested. The attorney for the airport said that the couple had not completed the form needed to distribute literature, and that homeowners could generally get the needed insurance for $10.[44] After the couple filed an appeal, the airport stopped requiring those who want to pass out literature to obtain a $100,000 insurance policy and changed what information was placed on badges that such distributors were required to wear.[45]

Liberty Counsel filed a federal lawsuit challenging a 1993 injunction restricting protests near an abortion facility. The Florida Supreme Court upheld the injunction but a federal appeals court stuck down the injunction. Madsen v. Women's Health Center reached the U.S. Supreme Court, which upheld part of the injunction prohibiting protests within 36 feet of the facility and making loud noises, while invalidating the part of the injunction that "went too far" by putting a 300-foot ban on approaching patients or the homes of facility staff.[46]

In 2000, the group represented eight abstentee voters in a lawsuit over recounting ballots for the presidential election.[47][48]

Lawrence v. Texas: (2003) submitted an amicus curiae brief in support of a Texas statute that criminalized homosexual sodomy.[49]

The Supreme Court agreed to take a case in 2004 regarding displays of Ten Commandments on government property. Liberty Counsel represented Kentucky counties that posted copies in courthouses.[50]

Liberty Counsel represented Dixie County, Florida against the American Civil Liberties Union in a 2007 lawsuit involving a Ten Commandments monument.[51]

In 2010, Liberty Counsel filed a lawsuit against Obamacare but the Supreme Court declined to take the case. In 2012, the High Court ordered an appeals court to reconsider the case.[52][53]

In a challenge to New York's June, 2011 Marriage Equality Act, Liberty Counsel asked the state's highest court to hear its appeal and invalidate the law.[54] That court declined that request on October 23, 2012.[55]

In the case of Miller v. Davis, Liberty Counsel represented Rowan County (Kentucky) Clerk Kim Davis, an Apostolic Christian who in 2015 stopped issuing marriage licenses after the Supreme Court ruled that same-sex couples have the right to marry. She lost an earlier ruling in 2015[56] and in 2016, the 6th Circuit Court of Appeals dismissed an injunction against her at the request of Liberty Counsel after a new Kentucky law was passed that made the case moot. At the same time they refused to vacate a contempt decree against her.[57] Liberty Counsel filed for a stay pending appeal with the U.S. Supreme Court, which refused to hear the case.[58] [59] The case was dismissed as moot on April 19, 2016.[60]

Founder

Liberty Counsel's founder was dean of Liberty University School of Law for eight-and-a-half years. He worked to start the school with Rev. Jerry Falwell.[61][62]

Liberty Counsel currently or previously had interlocking boards with several related organizations.[3]

  • Luke 1827 Foundation Inc[3]
  • Liberty Counsel Action (FL)[3]
  • Liberty Counsel Action (VA)[3]
  • Freedom Federation Inc[3]
  • Liberty Action PAC Inc[3]
  • Liberty Mission Trust[3]
  • Liberty Action Mission Trust[3]
  • Freedom Mission Trust[3]
  • Salt and Light Council[3]

See also

Publications
  • Judicial Tyranny - The Faith & Freedom Series - ISBN 0-9662079-1-2
  • Eternal Vigilance - Knowing and Protecting Your Religious Freedom - ISBN 0-8054-4000-3
  • Faith and Freedom: A Complete Handbook for Defending Your Religious Rights - ISBN 0891078355
  • Religious Expression in the Public Schools - ISBN 0966207955
  • Same-Sex Marriage - Putting Every Household at Risk - ISBN 0-8054-3196-9
  • Take Back America - ISBN 0966207971

Notes
  1. In addition, 2 leased employees and 36 employees of another nonprofit organization provided services to Liberty Counsel.[3]

References
  1. "Liberty Counsel, Inc.". Detail by Entity Name. Division of Corporations. Florida Department of State. Accessed on July 6, 2016.
  2. "Liberty Counsel Inc." Exempt Organizations Select Check. Internal Revenue Service. Accessed on July 6, 2016.
  3. "Return of Organization Exempt from Income Tax". Liberty Counsel Inc. Guidestar. June 30, 2015.
  4. "About Liberty Counsel". Liberty Counsel. Accessed July 6, 2016.
  5. Hetzner, Amy (March 23, 2001). "Group Sues Schools Over Religious Cards". Chicago Tribune. Retrieved 2016-08-05.
  6. Walters, Joanna; Thielman, Sam (2016-02-03). "Liberty Counsel: the law firm whose mission is to defend 'God's authority'". The Guardian. ISSN 0261-3077. Retrieved 2020-05-07.
  7. CNN, Andrea Diaz. "Elementary school principal placed on leave after banning all things Christmas from classrooms". CNN. Retrieved 2020-08-03.
  8. https://www.nytimes.com/1995/07/08/us/conservatives-new-frontier-religious-liberty-law-firms.html
  9. http://laws.flrules.org/node/1022
  10. Bureau, CHRISTINE WALKER Tallahassee. "Religious Freedom Act Clears Committee". Sun-Sentinel.com. Retrieved 2020-07-16.
  11. Fausset, Richard (November 4, 2011). "Mississippi attempts to define the start of personhood". Los Angeles Times. Retrieved 2020-07-20.
  12. Catholic Online. "'Don't Ask Don't Tell' Upheld by Supreme Court". catholic.org. Archived from the original on 2011-06-06.
  13. http://www.lc.org/media/9980/attachments/hatecrimes.pdf%5B%5D
  14. "Evangelical group wants gays removed from anti-lynching bill". NBC News. Retrieved 2019-01-13.
  15. Lockhart, P. R. (2019-01-11). "An evangelical group is trying to strip LGBTQ protections from an anti-lynching bill". Vox. Retrieved 2020-07-21.
  16. "Liberty Counsel website - Advancing Family Values". Archived from the original on 2010-08-19. Retrieved 2019-01-13. First case ever to declare a Vermont civil union is not equivalent to marriage, and a state and federal Defense of Marriage Act permits a state to ban same sex unions.
  17. "Active Anti-LGBT Groups". Southern Poverty Law Center.
  18. "Active Hate Groups in the United States in 2014". Southern Poverty Law Center.
  19. Boy Scouts Organization Demise. Podcast, Liberty Counsel. Aug 11, 2015. https://www.lc.org/faith-and-freedom-full-article/boy-scouts-organization-demise
  20. "Liberty Counsel challenges SPLC 'hate group' label". onenewsnow.com. Retrieved 2015-10-26.
  21. "Kim Davis' Attorneys Attack Associated Press For Identifying Them As A "Hate Group"". Media Matters for America. Retrieved 2015-10-27.
  22. "Southern Poverty Law Center brands some peaceful groups as 'hate groups'". Fox News. 2017-07-14. Retrieved 2020-05-05.
  23. "Maitland-based Liberty Counsel loses lawsuit over 'hate group' label". Orlando Sentinel. Associated Press. 24 January 2018. Retrieved 17 March 2018.
  24. "Update Regarding SPLC Flags on GuideStar Nonprofit Profiles". GuideStar. GuideStar. 23 June 2017. Retrieved 17 March 2018.
  25. "Supreme Court: Trump Administration May Exempt Employers from Obamacare Contraceptive Mandate | Voice of America - English". www.voanews.com. Retrieved 2020-07-20.
  26. "Jacksonville parents object to Harry Potter's 'witchcraft' | StAugustine.com". staugustine.com. Archived from the original on 2016-03-04. Retrieved 2015-10-26.
  27. "Jacksonville Library Drops Harry Potter Certificates". American Library Assoc. Archived from the original on October 13, 2008. Retrieved October 22, 2008.
  28. Fowler, Sarah (September 14, 2015). "The legal team behind Kentucky's defiant clerk". BBC. Retrieved January 12, 2019.
  29. Ave, Melanie (August 27, 2005). "More teens today just saying no _ to sex". Tampa Bay Times. Retrieved 2020-07-21.
  30. "Have a Holly, Jolly Holiday", The Washington Post, Dec. 20, 2005.
  31. "Haven't heard last on 'Silent Night'; Wis. school board is seeking redress from Christian legal group", Richmond Times-Dispatch, January 14, 2006.
  32. Peppard, Jim. "City of Deltona Agrees to Hang Disputed Religious Paintings". 10 Tampa Bay. Retrieved 20 July 2020.
  33. Sarmah, Satta (January 5, 2009). "Faith in the Law". Orlando Sentinel. Archived from the original on July 20, 2020. Retrieved July 20, 2020.
  34. "Wisconsin School Cancels Book Reading About Transgender Teen After Lawsuit Threat". Time. Retrieved 2020-05-29.
  35. Finn, Amanda (December 3, 2015). "In response to controversy, hundreds pack Mount Horeb library for reading of transgender book". Wisconsin State Journal. Retrieved May 29, 2020.
  36. Erickson, Doug (January 14, 2016). "Inspired by Mount Horeb, 'I Am Jazz' book is read across the country Thursday". Wisconsin State Journal. Retrieved May 29, 2020.
  37. Reistad, Meghan (December 7, 2017). "MMSD supports transgender and nonbinary youth with "I Am Jazz" book reading". Retrieved May 29, 2020.
  38. "Save the Date for "Jazz & Friends" 2020". Human Rights Campaign. August 29, 2019. Retrieved May 29, 2020.
  39. "Liberty Counsel Successfully Defends Natural Marriage in Romania - Liberty". www.lc.org. Retrieved 2016-07-25.
  40. "Romania moves closer to ruling out possibility of legalizing same-sex marriage". Reuters. 2016-07-20. Retrieved 2016-07-25.
  41. "Romanian groups push for same-sex marriage ban". EurActiv.com. Retrieved 2016-07-25.
  42. "Romania Moves Closer to Ruling Out Same-Sex Marriage". Retrieved 2016-07-25.
  43. Banks, Adelle (April 6, 1993). "Airport Sued Over Strict Rules On Religious Tracts". The Orlando Sentinel. Archived from the original on July 20, 2020. Retrieved July 20, 2020.
  44. Leusner, Jim (April 21, 1993). "Judge's Ruling Puts Halt to Religious Handouts". Orlando Sentinel.
  45. Banks, Adelle (May 7, 1993). "Airport Eases Soliciting Rules". The Orlando Sentinel. Archived from the original on July 20, 2020. Retrieved July 20, 2020.
  46. Crawford, Craig (July 1, 1994). "Court Keeps Protesters at Distance". The Orlando Sentinel. Archived from the original on July 20, 2020. Retrieved July 21, 2020.
  47. Staff, Kevin P. Connolly,Rene Stutzman and Robert Perez of The Sentinel. "GOP NERVOUSLY KEEPING TABS ON SEMINOLE SUIT". OrlandoSentinel.com. Archived from the original on August 3, 2020. Retrieved 2020-08-03.
  48. Bloodsworth, Doris. "SPONTANEOUS RALLIES ARE CAREFULLY STAGED". OrlandoSentinel.com. Archived from the original on 2020-08-03. Retrieved 2020-08-03.
  49. Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. Texas (NY: W.W. Norton, 2012), 204-5
  50. "Court takes on Commandments case". 2004-10-12. Retrieved 2020-07-20.
  51. "Ten Commandments stand at Dixie courthouse, after lawsuit is dismissed". Gainesville.com. Retrieved 2015-10-26.
  52. Group, Sinclair Broadcast (2014-07-02). "Liberty Reacts to 'Hobby Lobby' Ruling". WSET. Retrieved 2020-07-20.
  53. "Supreme Court revives Obamacare challenge". Baptist Press. Retrieved 2020-07-20.
  54. Snow, Justin (6 August 2012). "Anti-Gay Group Challenges Marriage Equality In New York". Metro Weekly. Archived from the original on 17 August 2012. Retrieved 20 August 2012.
  55. Lovett, Ken (October 23, 2012). "Court of Appeals refuses to hear gay marriage appeal". Metro Weekly. Retrieved October 23, 2012.
  56. Justin, Wm. Moyer (13 August 2015). "Federal judge orders Christian clerk to issue same-sex marriage licenses". Washington Post. Retrieved 17 August 2015.
  57. "WLWT5". July 13, 2016. Retrieved July 29, 2016.
  58. Liptak, Adam (August 31, 2015). "Supreme Court Says Kentucky Clerk Must Let Gay Couples Marry". The New York Times. Retrieved August 31, 2015.
  59. Wynn, Mike. "Rowan gay marriage licenses upheld on appeal". The Courier-Journal. Retrieved 2020-07-20.
  60. "Miller v Davis | Judiciaries | Government". Scribd. Retrieved 2020-07-20.
  61. "Falwell Saw Law School as Tool to Alter Society". Chicago Tribune. Retrieved 2007-05-21.
  62. "President announces resignation of Liberty Law Dean Mat Staver | Liberty University". www.liberty.edu. Retrieved 2020-05-15.
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