Even in (religious liberty) victory, First Amendment advocates must … – Washington Examiner
Underneath the myriad political stories dominating the news sucking up time and energy like traffic on a Los Angeles freeway, a culture war ripples like an earthquake fault line underneath our feet. Religious liberty, however unpretentious and boring it may appear to be, remains a pressing issue on the importance of societal well-being. Last week, there was another victory for schools associated with all faiths.
Joanne Fratello was the principal of St. Anthony School. As such, she led students in religious activities such as prayer, mass, and encouraging religious-based curriculum. The school eventually did not renew Fratello's contract when they determined she was not advancing the school's Catholic values.
So she sued. Her lawyer claimed the school was not allowed to hire a principal who would promote the Catholic faith at St. Anthony School.
The Becket Fund for Religious Liberty, which represented the school, announced that a New York court recently ruled St. Anthony School and the Roman Archdiocese of New York "can choose a principal who shares their faith." Eric Rassbach, deputy general counsel at Becket, a nonprofit religious liberty law firm, said, "The court saw right through this blatantly anti-Catholic lawsuit, agreeing with the Supreme Court that the church, not the state, should pick religious leaders."
It was clear in the opposing trial lawyer's arguments he was vehemently opposed to religious freedom. He "accused the Catholic Church of being "dangerous to society," the Russian Orthodox Church as "indoctrinating children with Stalinist communism," and the Supreme Court's unanimous decision as an aid to "potential jihadists.'" Such rhetoric is not only divisive, even for a lawyer, but more importantly has no place in a court of law when the First Amendment to the U.S. Constitution clearly reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
In the decision, which went to the Second Circuit Court of Appeals, the court ignored the opposing counsel's illogical bluster and instead said there is historical precedent for this case when "a stammering Moses was chosen to lead the people, and a scrawny David to slay a giant." That a New York appellate court would cite centuries-old Jewish history for a 2017 religious liberty case should make any First Amendment fanatic's heart skip with glee even as it no doubt filled opposing counsel with disdain for religious history.
This aligns with a similar decision the Supreme Court unanimously decided five years ago, when the state tried to intervene with a Lutheran school about what kind of leaders the school could choose.
Even though religious liberty cases keep popping up in the court system nationwide, it's heartening to see (for people of all faith or no faith) that the First Amendment remains authoritative and secure.
That said, when cases like this, where a woman sues a religious school because she believes she was unlawfully fired because that school reserved the right to hire someone who promotes their religious values, reaches an appellate court, religious liberty advocates must remain vigilant.
Nicole Russell is a contributor to the Washington Examiner's Beltway Confidential blog. She is a journalist in Washington, D.C., who previously worked in Republican politics in Minnesota. She was the 2010 recipient of the American Spectator's Young Journalist Award.
If you would like to write an op-ed for the Washington Examiner, please read our guidelines on submissions here.
Read more from the original source:
Even in (religious liberty) victory, First Amendment advocates must ... - Washington Examiner
- Don Lemon Says a Dozen Agents Were Sent To Arrest Him Even Though He Offered To Turn Himself In - First Amendment Watch - February 4th, 2026 [February 4th, 2026]
- VERIFY: Yes, student protests are protected under the First Amendment, but schools can still discipline students for missing class - rocketcitynow.com - February 4th, 2026 [February 4th, 2026]
- Video First amendment lawyer reacts to arrest of Don Lemon - ABC News - February 1st, 2026 [February 1st, 2026]
- Mark Levin: Interference is not a First Amendment right - Fox News - February 1st, 2026 [February 1st, 2026]
- Can You Protest Inside or Near a Church? First Amendment Analysis - Freedom Forum - February 1st, 2026 [February 1st, 2026]
- First Amendment lawyers say Minneapolis ICE observers are protected by Constitution - Minnesota Reformer - February 1st, 2026 [February 1st, 2026]
- Opinion | After the Minneapolis shootings, a reminder of what the First Amendment protects - Star Tribune - February 1st, 2026 [February 1st, 2026]
- Trump Border Czar Suggests First Amendment Isnt All That Important - The New Republic - February 1st, 2026 [February 1st, 2026]
- The First Amendment turned upside down: Buckley at 50 - Citizens for Responsibility and Ethics in Washington - February 1st, 2026 [February 1st, 2026]
- The Recap: Trump takes a dump on the First Amendment, plus his asinine Fed chair nominee - Daily Kos - February 1st, 2026 [February 1st, 2026]
- Student sues UMass Amherst on First Amendment rights, after school suspends him - NEPM - February 1st, 2026 [February 1st, 2026]
- This is a vendetta against the press: journalists warn of threat to First Amendment - Northern News Now - February 1st, 2026 [February 1st, 2026]
- California prohibits its teachers from talking about a student's gender identity to their parents. That raises First Amendment concerns. - FIRE |... - February 1st, 2026 [February 1st, 2026]
- First Amendment and what it means to teen-agers - hngnews.com - February 1st, 2026 [February 1st, 2026]
- Don Lemon charged with interfering with First Amendment rights at church protest - NBC News - February 1st, 2026 [February 1st, 2026]
- First Amendment expert links religious freedom to global interfaith work in Spokane talk - FVS News - February 1st, 2026 [February 1st, 2026]
- Protesters' rights: What they can and can't do under the First Amendment - midmichigannow.com - February 1st, 2026 [February 1st, 2026]
- What the Law Says About the Don Lemon Arrest and the Limits of the First Amendment - EEW Magazine - February 1st, 2026 [February 1st, 2026]
- The First Amendment Will Outlive Trump | Opinion - Out South Florida - February 1st, 2026 [February 1st, 2026]
- NABJ OUTRAGED AT ARRESTS OF DON LEMON, GEORGIA FORT THE FIRST AMENDMENT IS NOT OPTIONAL - Texas Metro News - February 1st, 2026 [February 1st, 2026]
- The Alex Pretti shooting and the growing strain on the First Amendment - FIRE | Foundation for Individual Rights and Expression - January 26th, 2026 [January 26th, 2026]
- Opinion | Jack Smith is in First Amendment denial about trying to gag Trump - The Washington Post - January 26th, 2026 [January 26th, 2026]
- Are you protesting? Here's what to know about your rights to protest under the First Amendment. - tallahassee.com - January 26th, 2026 [January 26th, 2026]
- Anti-ICE protesters disrupted worship in a Minnesota church. Heres why the First Amendment doesnt protect their actions. - FIRE | Foundation for... - January 26th, 2026 [January 26th, 2026]
- CARTOONS: What the First Amendment doesnt protect | Drawing Board | Opinion - reviewjournal.com - January 26th, 2026 [January 26th, 2026]
- OPINION In these crazy times: The First Amendment will outlive Trump - windycitytimes.com - January 26th, 2026 [January 26th, 2026]
- Man Is Shot and Killed During Minneapolis Immigration Crackdown, National Guard Activated - First Amendment Watch - January 26th, 2026 [January 26th, 2026]
- Perspective: When First Amendment rights collide with immigration enforcement - Deseret News - January 20th, 2026 [January 20th, 2026]
- Walking Brain Injury: Conservatives Mock Don Lemon for Claiming First Amendment Right to Storm Church - Mediaite - January 20th, 2026 [January 20th, 2026]
- LETTER FROM THE EDITOR: Using First Amendment rights responsibly... - Columbia Basin Herald - January 20th, 2026 [January 20th, 2026]
- ICE clashes with the First Amendment | Strictly Legal - Cincinnati Enquirer - January 20th, 2026 [January 20th, 2026]
- Ex-NAACP Leader Jim Vincent to Headline Inaugural Bankole Thompson First Amendment Lecture - FrontPageAfrica - January 20th, 2026 [January 20th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - yoursun.com - January 20th, 2026 [January 20th, 2026]
- VICTORY: Jury finds Tennessee high school students suspension for sharing memes violated the First Amendment - FIRE | Foundation for Individual Rights... - January 16th, 2026 [January 16th, 2026]
- Opinion | The Post and the First Amendment - The Washington Post - January 16th, 2026 [January 16th, 2026]
- So Much for Free Speech. A Year of Trumps Attacks on the First Amendment - Zeteo | Substack - January 16th, 2026 [January 16th, 2026]
- Houlahan and Bicameral Group Of Democrats Introduce Bill To Protect First Amendment Rights, Safeguard Americans From Politically Motivated Harassment... - January 16th, 2026 [January 16th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - Suncoast Searchlight - January 16th, 2026 [January 16th, 2026]
- ACLU and City of Rose Bud reach settlement protecting First Amendment right to petition - thv11.com - January 16th, 2026 [January 16th, 2026]
- First Amendment cases are rising. FSU Law is rising to the occasion - FSView & Florida Flambeau - January 16th, 2026 [January 16th, 2026]
- Press Freedom Advocates Worry That Raid on Washington Post Journalists Home Will Chill Reporting - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Pierce County Journal - January 16th, 2026 [January 16th, 2026]
- Democrats Say Trump Administration Is Investigating Them Over Video Message to Troops - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Coshocton Schools accused of violating First Amendment after teacher leads prayer - NBC4 WCMH-TV - January 16th, 2026 [January 16th, 2026]
- His SC hometown blocked him on Facebook after critical comment. He filed a First Amendment lawsuit. - Post and Courier - January 16th, 2026 [January 16th, 2026]
- Letters: Americans should not face death for exercising their First Amendment rights - Reporter-Herald - January 16th, 2026 [January 16th, 2026]
- Federal judge rules Creston teacher's first amendment rights were violated - KMAland.com - January 16th, 2026 [January 16th, 2026]
- Press Release: Murphy and Crow Introduce Bill to Safeguard First Amendment Rights and Combat Politically Motivated Harassment - Quiver Quantitative - January 16th, 2026 [January 16th, 2026]
- New Yorks Anti-SLAPP Act: An Unnecessary Chill on the First Amendment Right to Petition - Law.com - January 14th, 2026 [January 14th, 2026]
- Minnesota and the Twin Cities Sue the Federal Government To Stop the Immigration Crackdown - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- Man Convicted for Carrying Pelosis Podium During US Capitol Riot Seeks Florida County Office - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- 'At issue is the public right of access': First Amendment group savages Mar-a-Lago judge for 'incorrect' ruling over Jack Smith report, urges appeals... - January 11th, 2026 [January 11th, 2026]
- NYS AG: "Most extensive" First Amendment reforms ever approved in Saratoga Springs - WRGB - January 9th, 2026 [January 9th, 2026]
- Opinion | Jack Smith would have blown a hole in the First Amendment - The Washington Post - January 9th, 2026 [January 9th, 2026]
- Court rules University of Washington violated professors First Amendment rights - Campus Reform - January 9th, 2026 [January 9th, 2026]
- Law's Jonathan Entin and Eric Chaffee on first amendment rights and social media access for children - Case Western Reserve University - January 9th, 2026 [January 9th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Milwaukee Community Journal - - January 9th, 2026 [January 9th, 2026]
- Voting rights, First Amendment issues expected to be battles in Pierre - SDPB - January 9th, 2026 [January 9th, 2026]
- Teachers First Amendment rights - theacorn.com - January 9th, 2026 [January 9th, 2026]
- OPINION: The First Amendment and peacefully protesting - Big Rapids Pioneer - January 9th, 2026 [January 9th, 2026]
- Appeals court reviews excluded texts and alleged First Amendment claim in Tucker medicalmalpractice appeal - Citizen Portal AI - January 9th, 2026 [January 9th, 2026]
- Sen. Mark Kelly vows to fight for First Amendment amid Pentagon threats - USA Today - January 9th, 2026 [January 9th, 2026]
- Musk's X is joining a First Amendment fight over trans bathroom photo - USA Today - December 31st, 2025 [December 31st, 2025]
- Filming ICE agents is a First Amendment right. So why might it land you in jail? - Straight Arrow News - December 31st, 2025 [December 31st, 2025]
- Liberties Year in Review: First Amendment victories - wng.org - December 31st, 2025 [December 31st, 2025]
- Trump Administration Will Appeal Judges Order Reversing Federal Funding Cuts at Harvard - First Amendment Watch - December 25th, 2025 [December 25th, 2025]
- Housing, tourism and the First Amendment: Nevada editors reflect on the news year that was 2025 - KNPR - December 25th, 2025 [December 25th, 2025]
- FCC fights First Amendment and democracy itself - mronline.org - December 25th, 2025 [December 25th, 2025]
- First Amendment Stories of 2025: A Year in Review - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Trump tests the First Amendment: A timeline - CNN - December 22nd, 2025 [December 22nd, 2025]
- Professor Sanctioned by University for a Satirical Land Acknowledgment Wins First Amendment Case on Appeal - The New York Sun - December 22nd, 2025 [December 22nd, 2025]
- Trump Sues the BBC: First Amendment Analysis - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Madisons Lost First Amendment: The Mission Statement that Never Was - Jurist.org - December 22nd, 2025 [December 22nd, 2025]
- Let them sue: Iowa lawmakers scoffed at First Amendment in wake of Charlie Kirk shooting, records show - FIRE | Foundation for Individual Rights and... - December 22nd, 2025 [December 22nd, 2025]
- Pastor alleges Tarrant County judge violated First Amendment by removing him from meeting - Fort Worth Report - December 22nd, 2025 [December 22nd, 2025]
- Yes, the First Amendment Applies to Non-Citizens Present in the United States - Reason Magazine - December 22nd, 2025 [December 22nd, 2025]
- Gingrich: Going After People Who Have Been Radicalized Requires Rethinking Parts Of The First Amendment - Real Clear Politics - December 16th, 2025 [December 16th, 2025]
- [VIDEO] Jane Fonda Revives the Committee for the First Amendment - ACLU of Southern California - December 16th, 2025 [December 16th, 2025]
- Does The First Amendment Protect Supposedly Addictive Algorithms? - Hoover Institution - December 16th, 2025 [December 16th, 2025]
- Stop the gatekeeping. The First Amendment is for all of us - Freedom of the Press Foundation - December 16th, 2025 [December 16th, 2025]