The Becket Fund for Religious Liberty
Encyclopedia
The Becket Fund for Religious Liberty is a non-profit organization
based in Washington, DC that describes itself as "a non-profit, public interest law firm defending the freedom of religion of people of all faiths." The Becket Fund operates in three arenas: in the courts of law (litigation), in the court of public opinion (media), and in the academy (scholarship).
The Becket Fund's mission is to "protect the free expression of all religious traditions." Clients have included Buddhists, Christians, Hindus, Jews, Muslims, Sikhs, and Zoroastrians. The organization maintains that "freedom of religion is a basic human right that no government may lawfully deny; it is not a gift of the state, but instead is rooted in the inherent dignity of the human person. Religious expression (of all traditions) is a natural part of life in a free society, and religious arguments (on all sides of a question) are a normal and healthy element of public debate. Religious people and institutions are entitled to participate in public life on an equal basis with everyone else, and should not be excluded for professing their faith."
, Muslims, Native Americans
, Santeros, Sikhs, and Zoroastrians.
Notable clients include the nation's oldest Hindu temple
, the Hindu Temple Society of North America, in Flushing
, New York City
, Prison Fellowship International
, Muslim students in Richardson, Texas
, seeking to pray the zuhr prayer
on the campus of Lloyd V. Berkner High School
, and a Zen Buddhist silent meditation center in New York state that neighbors claimed would make too much noise.
The Becket Fund also currently represents Sacramento
-area public school students who wish to continue reciting the current form of the Pledge of Allegiance
(including the words "under God") in Newdow v. Carey
, the second case brought by Michael Newdow
seeking to remove the words "under God" from the Pledge of Allegiance. The Becket Fund also represents intervenors in the challenge to the Pledge of Allegiance in Hanover, New Hampshire
public schools.
Among the Becket Fund's governmental clients are the states of Colorado
, Kansas
, New Mexico
, and Oklahoma
, and the city of Jersey City, New Jersey
.
One major area of litigation has been on behalf of prisoners who seek to continue following their beliefs in prison. The Becket Fund has sought to ensure that observant Jewish prisoners are provided with kosher food in every prison in the United States
. Currently pending is the case of Moussazadeh v. Texas Department of Criminal Justice
, which seeks kosher food for the Becket Fund's client Max Moussazadeh.
Another significant area of litigation for the Becket Fund has been religious land use. The Becket Fund brought the first case under the Religious Land Use and Institutionalized Persons Act
(RLUIPA), and has been involved with RLUIPA litigation throughout the United States.
The Becket Fund has also represented a number of amici curiae at the United States Supreme Court in appeals related to religious liberty, including various civil and religious liberties organizations, such as the American Jewish Congress
, the Hindu American Foundation
, the General Conference of Seventh-day Adventists
, United Sikhs, the Unitarian Universalist Association
, the American Civil Liberties Union
and People for the American Way
.
, and has assisted in pre-litigation and litigation in Europe
, Asia
, and Australia
. As a non-governmental organisation in Consultative Status
with the United Nations Economic and Social Council
, the Becket Fund has also made annual presentations on religious liberty issues of concern at meetings of United Nations Commission on Human Rights
, and since 2006, at the United Nations Human Rights Council
. The Becket Fund also operates the Becket Institute, an academic center focusing on religious liberty issues, in Rome
, Italy
.
The Becket Fund has been a strong opponent of the concept of "defamation of religion
" as it has been presented at the United Nations and elsewhere. The Becket Fund has argued that protecting religions against defamation puts governments in the position of deciding which religious concepts are valid and thus worthy of protection, and would lead to the suppression of both religious and non-religious speech.
, the freedom to preach without fear of censorship or IRS retribution, the Blaine Amendments, and religious liberty in Sri Lanka
. It also provides continuing legal studies courses in cooperation with West Legal EdCenter.
, who had previously worked at the Office of Legal Counsel
at the Justice Department
and the Washington law firm Williams & Connolly
, in which capacity he became well-known and controversial for defending Catholic University's decision to fire Charles Curran for his opposition to Church doctrine despite his being one of the most widely respected Catholic moral theologians in the academic community. This fact has raised serious questions in academic circles about the sincerity of Hasson's, and by extension the Becket Fund's, commitment to religious freedom. Hasson named The Becket Fund after Thomas Becket
(1118 AD -1170 AD).
During the reign of King Henry II
, Becket served as Chancellor of England, overseeing the laws of the kingdom. But later, as Archbishop of Canterbury
, he refused to allow the King to interfere in the internal affairs of the Church, and was killed in his Cathedral by several knights in response to the King's complaints.
In January 2007, Becket Fund Vice President and General Counsel Anthony Picarello, Jr. was named by American Lawyer magazine as one of the fifty most promising young litigators in the United States. Picarello became General Counsel of the United States Conference of Catholic Bishops
in late September 2007.
Non-profit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...
based in Washington, DC that describes itself as "a non-profit, public interest law firm defending the freedom of religion of people of all faiths." The Becket Fund operates in three arenas: in the courts of law (litigation), in the court of public opinion (media), and in the academy (scholarship).
The Becket Fund's mission is to "protect the free expression of all religious traditions." Clients have included Buddhists, Christians, Hindus, Jews, Muslims, Sikhs, and Zoroastrians. The organization maintains that "freedom of religion is a basic human right that no government may lawfully deny; it is not a gift of the state, but instead is rooted in the inherent dignity of the human person. Religious expression (of all traditions) is a natural part of life in a free society, and religious arguments (on all sides of a question) are a normal and healthy element of public debate. Religious people and institutions are entitled to participate in public life on an equal basis with everyone else, and should not be excluded for professing their faith."
Litigation activities
The Becket Fund has represented groups and persons from many different religious traditions in litigation, pre-litigation, and appeals, including Buddhists, Christians, Hindus, JewsJews
The Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...
, Muslims, Native Americans
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
, Santeros, Sikhs, and Zoroastrians.
Notable clients include the nation's oldest Hindu temple
Hindu temple
A Mandir, Devalayam, Devasthanam, or a Hindu temple is a place of worship for followers of Hinduism...
, the Hindu Temple Society of North America, in Flushing
Flushing, Queens
Flushing, founded in 1645, is a neighborhood in the north central part of the City of New York borough of Queens, east of Manhattan.Flushing was one of the first Dutch settlements on Long Island. Today, it is one of the largest and most diverse neighborhoods in New York City...
, New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, Prison Fellowship International
Prison Fellowship International
Prison Fellowship International is an international non-governmental organisation of national Prison Fellowship organisations from 117 countries.-Primary Mission:...
, Muslim students in Richardson, Texas
Richardson, Texas
Richardson is a city in Dallas and Collin Counties in the U.S. state of Texas. As of the 2010 census, the city had a total population of 99,223. In 2011 the population was estimated to be 107,684. Richardson is an affluent inner suburb of Dallas and home of the Telecom Corridor with a high...
, seeking to pray the zuhr prayer
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
on the campus of Lloyd V. Berkner High School
Lloyd V. Berkner High School
Lloyd V. Berkner High School is a high school in Richardson, Texas, with a 2008 enrollment of 2,755 and a student/teacher ratio of 16.7. It is one of four high schools in the Richardson Independent School District.-History:...
, and a Zen Buddhist silent meditation center in New York state that neighbors claimed would make too much noise.
The Becket Fund also currently represents Sacramento
Sacramento
Sacramento is the capital of the state of California, in the United States of America.Sacramento may also refer to:- United States :*Sacramento County, California*Sacramento, Kentucky*Sacramento – San Joaquin River Delta...
-area public school students who wish to continue reciting the current form of the Pledge of Allegiance
Pledge of Allegiance
The Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
(including the words "under God") in Newdow v. Carey
Newdow v. Carey
Newdow v. Rio Linda Union School District , Nos. 05-17257, 05-17344, and 06-15093, was a United States Court of Appeals for the Ninth Circuit decision that upheld the constitutionality of the teacher-led recitation of the Pledge of Allegiance by students in public schools...
, the second case brought by Michael Newdow
Michael Newdow
Michael Arthur Newdow is an American attorney and emergency medicine physician. He is best known for his efforts to have recitations of the current version of the Pledge of Allegiance in public schools in the United States declared unconstitutional because of its inclusion of the phrase "under God"...
seeking to remove the words "under God" from the Pledge of Allegiance. The Becket Fund also represents intervenors in the challenge to the Pledge of Allegiance in Hanover, New Hampshire
Hanover, New Hampshire
Hanover is a town along the Connecticut River in Grafton County, New Hampshire, United States. The population was 11,260 at the 2010 census. CNN and Money magazine rated Hanover the sixth best place to live in America in 2011, and the second best in 2007....
public schools.
Among the Becket Fund's governmental clients are the states of Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, and Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, and the city of Jersey City, New Jersey
Jersey City, New Jersey
Jersey City is the seat of Hudson County, New Jersey, United States.Part of the New York metropolitan area, Jersey City lies between the Hudson River and Upper New York Bay across from Lower Manhattan and the Hackensack River and Newark Bay...
.
One major area of litigation has been on behalf of prisoners who seek to continue following their beliefs in prison. The Becket Fund has sought to ensure that observant Jewish prisoners are provided with kosher food in every prison in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Currently pending is the case of Moussazadeh v. Texas Department of Criminal Justice
Texas Department of Criminal Justice
The Texas Department of Criminal Justice is a department of the government of the state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails and private correctional facilities, funding and certain...
, which seeks kosher food for the Becket Fund's client Max Moussazadeh.
Another significant area of litigation for the Becket Fund has been religious land use. The Becket Fund brought the first case under the Religious Land Use and Institutionalized Persons Act
Religious Land Use and Institutionalized Persons Act
The Religious Land Use and Institutionalized Persons Act , , codified as et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as giving churches and other religious institutions a way to avoid burdensome...
(RLUIPA), and has been involved with RLUIPA litigation throughout the United States.
The Becket Fund has also represented a number of amici curiae at the United States Supreme Court in appeals related to religious liberty, including various civil and religious liberties organizations, such as the American Jewish Congress
American Jewish Congress
The American Jewish Congress describes itself as an association of Jewish Americans organized to defend Jewish interests at home and abroad through public policy advocacy, using diplomacy, legislation, and the courts....
, the Hindu American Foundation
Hindu American Foundation
The Hindu American Foundation is an American Hindu human rights group advocating on behalf of the Hindu community in the United States. Dr...
, the General Conference of Seventh-day Adventists
General Conference of Seventh-day Adventists
The General Conference of Seventh-day Adventists is the governing organization of the Seventh-day Adventist Church. It is located in Silver Spring, Maryland, United States, where it moved in 1989...
, United Sikhs, the Unitarian Universalist Association
Unitarian Universalist Association
Unitarian Universalist Association , in full the Unitarian Universalist Association of Congregations in North America, is a liberal religious association of Unitarian Universalist congregations formed by the consolidation in 1961 of the American Unitarian Association and the Universalist Church of...
, the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and People for the American Way
People For the American Way
People For the American Way is a progressive advocacy group in the United States. Under U.S. tax code, People For the American Way is organized as a tax-exempt 501 non-profit organization.-Purpose:...
.
International activities
The Becket Fund advocates on behalf of religious liberty in international fora. It has represented Muslim clients in the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, and has assisted in pre-litigation and litigation in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
, and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. As a non-governmental organisation in Consultative Status
Consultative Status
Consultative Status is a phrase whose use can be traced to the founding of the United Nations and is used within the UN community to refer to "Non-governmental organizations in Consultative Status with the United Nations Economic and Social Council." Also some international organizations could...
with the United Nations Economic and Social Council
United Nations Economic and Social Council
The Economic and Social Council of the United Nations constitutes one of the six principal organs of the United Nations and it is responsible for the coordination of the economic, social and related work of 14 UN specialized agencies, its functional commissions and five regional commissions...
, the Becket Fund has also made annual presentations on religious liberty issues of concern at meetings of United Nations Commission on Human Rights
United Nations Commission on Human Rights
The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...
, and since 2006, at the United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
. The Becket Fund also operates the Becket Institute, an academic center focusing on religious liberty issues, in Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
.
The Becket Fund has been a strong opponent of the concept of "defamation of religion
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
" as it has been presented at the United Nations and elsewhere. The Becket Fund has argued that protecting religions against defamation puts governments in the position of deciding which religious concepts are valid and thus worthy of protection, and would lead to the suppression of both religious and non-religious speech.
Religious liberty resources
In addition to these activities, the Becket Fund provides resources for the public and other civil rights attorneys. For example, it operates resource websites about the Religious Land Use and Institutionalized Persons ActReligious Land Use and Institutionalized Persons Act
The Religious Land Use and Institutionalized Persons Act , , codified as et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as giving churches and other religious institutions a way to avoid burdensome...
, the freedom to preach without fear of censorship or IRS retribution, the Blaine Amendments, and religious liberty in Sri Lanka
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
. It also provides continuing legal studies courses in cooperation with West Legal EdCenter.
Organizational history
The Becket Fund was founded in 1994 by Kevin HassonKevin Hasson
Kevin J. "Seamus" Hasson, Esq. is Founder and President of the , a non-partisan public-interest law firm that represents persons of all faiths....
, who had previously worked at the Office of Legal Counsel
Office of Legal Counsel
The Office of Legal Counsel is an office in the United States Department of Justice that assists the Attorney General in his function as legal adviser to the President and all executive branch agencies.-History:...
at the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
and the Washington law firm Williams & Connolly
Williams & Connolly
Williams & Connolly LLP is a prominent litigation firm based in Washington, D.C. The firm was founded by trial lawyer Edward Bennett Williams, who left the partnership of D.C. firm Hogan & Hartson to launch his own litigation boutique....
, in which capacity he became well-known and controversial for defending Catholic University's decision to fire Charles Curran for his opposition to Church doctrine despite his being one of the most widely respected Catholic moral theologians in the academic community. This fact has raised serious questions in academic circles about the sincerity of Hasson's, and by extension the Becket Fund's, commitment to religious freedom. Hasson named The Becket Fund after Thomas Becket
Thomas Becket
Thomas Becket was Archbishop of Canterbury from 1162 until his murder in 1170. He is venerated as a saint and martyr by both the Roman Catholic Church and the Anglican Communion...
(1118 AD -1170 AD).
During the reign of King Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
, Becket served as Chancellor of England, overseeing the laws of the kingdom. But later, as Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
, he refused to allow the King to interfere in the internal affairs of the Church, and was killed in his Cathedral by several knights in response to the King's complaints.
In January 2007, Becket Fund Vice President and General Counsel Anthony Picarello, Jr. was named by American Lawyer magazine as one of the fifty most promising young litigators in the United States. Picarello became General Counsel of the United States Conference of Catholic Bishops
United States Conference of Catholic Bishops
The United States Conference of Catholic Bishops is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops and United States Catholic Conference, it is composed of all active and retired members of the Catholic...
in late September 2007.