James Dobson, Larry Burkett,
Bill Bright, and Other
Christian Leaders Emerges as a
Major Contender
in Contest over Values
The U.S. Supreme Court has ruled
on 22 major cases supported
in various ways
by the Alliance Defense Fund.
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For nearly a generation, Christians have taken a beating in America's legal
system. From the Supreme Court's 1963 ruling that effectively banned public
prayer in schools to its landmark
Roe v. Wade
Decision that legalized abortion, Christians have seen society and its laws
move sharply away from any basis in biblical principles.
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From the beginning, the American Civil Liberties Union (ACLU) has led the drive
to use court rulings to limit Christian influence in American public life.
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It hasn't hurt that the ACLU has been aided by Hollywood, the mainstream media,
and most recently, the Clinton White House.
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Where were the Christians while their rights were being taken away?
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For years, they barely showed up for the battle.
When the ACLU would file a suit to curb religious freedom or break some moral
taboo, Christians rarely mounted a competent and effective legal challenge. As
a result, we lost. Repeatedly.
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In 1994, that picture began to change. Top evangelist Christian leaders Bill
Bright, Larry Burkett, James Dobson, D. James Kennedy, Marlin Maddoux, and Don
Wildmon gathered to discuss their grave concerns over the loss of religious
liberty, and slipping moral standards due to negative court precedents over the
preceding 30 years. They were convinced that if the trend continued, it might
actually become
illegal
for Christians to evangelize and freely exercise their faith in America.
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These leaders determined it was time for their ministries to pool their
resources to begin vigorously asserting the constitutional rights of Christians.
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The Alliance Defense Fund (ADF) was formed to stand against the ACLU in three
critical areas: religious freedom, the sanctity of human life, and family
values.
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When asked why he supported the concept of ADF, Larry Burkett, president of
Christian Financial Concepts, stated, "The legal attacks on our religious
freedom are escalating at an alarming rate. Through ADF, we can unite, pool
resources, and help defend our rights."
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Alan Sears, ADF's president and general counsel, explains, "We aren't formed to
duplicate the work of any other group. ADF's founders wanted to provide the
muscle behind these groups by developing an effective strategy, carefully
selecting cases that would have the greatest long-term impact, and equipping
and supporting the attorneys fighting the frontline battles in court."
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He continues, "Our goal is to establish new legal precedents to reclaim the
ground Christians have loset to groups like the ACLU."
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It was a sensible plan. As ADF founder D. James Kennedy says, "Through ADF's
crucial work, we have a fighting chance to preserve America's true heritage and
value system."
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But in 1994, few expected that ADF would have an immediate and noticeable
impact. In fact, the founders. anticipated years of painstaking work and some
setbacks before being able to show the ACLU juggernaut, much less stop or
reverse it.
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But that's not how the story has played out. In fact,
ADF's presence on the legal scene began to be felt almost immediately as
ADF-backed attorneys became involved in one court victory after another.
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The most notable was the U.S. Supreme Court ruling in the case of
Rosenberger v. the University of Virginia.
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Ron Rosenberger was a junior at the University of Virginia. A committed
Christian, Rosenberger was concerned that none of the 15 student-run
publications on campus offered a forum for Christian expression.
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So he and some of his schoolmates decided to publish their own publication, and
they applied for student activity funds.
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It seemed only fair because 118 other student groups-including Students for
Animal Rights, the Lesbian and Gay Student Union, and the Muslim Student
Association-already received school funding.
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Yet Rosenberger's request for funding was denied because his group was
Christian.
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When he appealed ot the university , Rosenberger was told that his magazine
"went over the line in saying 'we want to live as Christians.'" It was an
interesting double standard because another student-funded publication, called
the
Yellow Journal,
openly mocked Christianity in its pages.
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Rosenberger decided to take his case to court. A group of volunteer lawyers,
some of America's brightest, took his case.
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Nonetheless, the judge ruled for the university on the grounds that funding the
magazine would violate the Establishment of the U.S. Constitution. After
appealing the decision to the U.S. 4th Circuit Court of Appeals, the trial
court ruling was affirmed.
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Enter ADF, Rosenberger's lawyers applied tot he Alliance Defense Fund for a
grant to appeal the case tothe U.S. Supreme Court.
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ADF has stringent standard for granting awards and a crack team of attorneys
who review each case on its merits. Grants are only award for those that have
the potential to establish an important new legal precedent.
The
Rosenberger
case met every criteria. The grant was awarded.
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The U.S. Supreme Court agreed to hear the ADF-funded arguments and ruled 5-4 in
favor of the Christian students.
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Writing for the majority, Justice Anthony Kennedy reasoned, "Vital First
Amendment speech principles are at stake here. [W]e hold that the regulation
invoked to deny [student fund] support, both in its terms and in its
application to these [Christian students], is a denial of their right of speech
guaranteed by the First Amendment."
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It was a stunning victory that put the ACLU and other liberty legal groups on
notice: There's a new player on the block that can win.
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Alan Sears says, "
Rosenberger
not only set a precedent others could build on in similar cases but also
established the ADF alliance as a major force in the battle over religious
liberty and traditional values."
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Sears, who was a top federal prosecutor with the U.S. Department of Justice
before joining, ADF, knows the odds against an upstart legal group having a
major national impact-much less having the Supreme Court hear cases it helps
fund.
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"In a typical year, there can be more than 7,000 petitions to the U.S. Supreme
Court," Sears explains. "Usually fewer than 150 are accepted for full review.
That makes the odds of having a case heard about 46:1, to say nothing of
winning."
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And yet, since 1994, the Alliance Defense Fund has supported in various ways 22
Supreme Court cases. Remarkably, the court's action in 16 of those cases
resulted in victories for religious freedom, family values, or the sanctity of
life.
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At the same time, ADF has been involved in nearly 130 precedent-setting lower
court victories.
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Each of these rulings becomes an important part of case law that is used by
attorneys in arguing future, similar cases. The more positive rulings are, in
the areas of ADF's concern, the better.
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"Each new favorable ruling is like a brick," explains Sears. "One by one you
put them in place. Over the years we hope to erect a wall of precedent that
can't easily be breached by those who oppose Christian values."
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It's the same
strategic
approach, but with far different objectives, used by the ACLU to wall off
Christian influence from society. For ADF, it's a strategy that's working.
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But the effect of ADF's work is also felt outside the courtroom. New, hard-won
precedents are being used to stop the violation of Christians' right's without
resorting to costly litigation.
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For example, a group of homosexuals in Florida planned to force its way into a
parade sponsored by a group of Christian ministers.
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The pastors pointed out that the Supreme Court's 9-0 decision in an ADF-backed
case,
Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston,
prohibited forced speech and expression in the private arena. The homosexuals,
aware that they would lose in court, backed off, and the Christians' parade
went forward undisturbed.
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"Without the
Hurley
precedent," says Sears, "those Christians in Florida either would have had to
let the homosexuals in or cancel their parade. Had that happened, homosexual
activists would have been emboldened to shut down any public gathering of
Christians they wanted across the country."
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Despite impressive victories life
Rosenberger
and
Hurley,
however, Sears is concerned about the future.
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"There are some major threats to the family that aren't going away soon," says
Sears. "In fact, they're likely to get worse. We've got a lot of work to do."
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He refers to efforts by homosexual activists to use the courts and legal
precedent to redefined the family in their pursuit of legalized same-sex
"marriage" and other special privileges.
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"If the homosexuals achieve their goals, you and I won't recognize American,"
explains Sears.
"The homosexual agenda affects every area of ADF's mission-religious freedom,
family values, and the sanctity of life. That's why ADF is committed to
fighting it tooth and nail."
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ADF has already funded 42 family redefinition cases and held a National
Litigation Academy,
Defining the American Family and Its Legal Future.
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More than 40 Christian attorneys received advanced legal training that they can
use in the courtroom to defeat homosexual activists who want to redefine and
destroy the family.
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"ADF has proven it has the right strategy to attack this problem," says Sears.
"What we need are more financial resources to wage a successful fight against
the homosexual agenda. I hope that as Christians hear about ADF and recognize
the strategic importance of our work, they will give to help us. The future of
our country and our freedom as Christians ae at stake."
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Some comments by Alan Sears, Bill Bright, Dr. James Dobson, and Larry Burkett; founders of the Alliance Defense Fund (ADF):Sears pauses before adding, "These battles will be waged in the nation's courts whether or not Christians show up to fight. We lost by default for 30 years. Now, with ADF on the scene, it is our goal not to let that happen again."Bill Bright says, "I truly believe we are fighting for the very survival of the Gospel and of evangelism in America today." Larry Burkett says, "The legal attacks on our religious freedom are escalating at an alarming rate. Through ADF, we can unite, pool resources, and help defend our rights." James Dobson says, "I urge every Christian to stand with me in support of ADF's critical case-funding work. Already, ADF is having a powerful impact in the nation's courts." |
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ADF was established as a nonprofit organization funded entirely by the
tax-deductible contributions of people who share the vision of ADF's founders.
It also established a firm no-debt policy. ADF only financially backs new cases and invests in training and strategic planning as funds are available. And according to Sears, more funds are urgently needed-especially to fight the rapidly escalating homosexual threat in courtrooms across the country. To make a contribution to the Alliance Defense Fund, checks can be sent to ADF, 8960 E. Raintree Drive, Suite 300, Scottsdale, AZ 85260. |