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The United States Supreme Court building, where Judge Neil Gorsuch will serve if his nomination is approved.

National religious freedom expert: Judge Gorsuch has solid record on religious freedom

February 1, 2017

By First Liberty Institute communications

Dallas, Texas – President Donald Trump’s announcement of his nomination of Judge Neil Gorsuch to the U.S. Supreme Court has drawn praise from many conservatives, including Kelly Shackelford, president and CEO of First Liberty Institute. Shackelford praised Gorsuch’s consistent record on religious liberty.

“As a candidate, President Trump promised to appoint pro-religious freedom judges to the Supreme Court,” Shackelford says. “Today, he took a positive step toward achieving that goal.”

“As a religious freedom law firm, we have one criterion for evaluating judicial candidates. We ask, ‘Does this candidate have a proven record of upholding the Constitution, especially as it relates to religious freedom?’ I am pleased to say that Judge Gorsuch has just such a record, authoring or joining multiple landmark opinions upholding religious freedom.”

Some of the most notable religious freedom opinions Gorsuch wrote or signed as a judge on the Tenth Circuit Court of Appeals include:

  • HHS Abortion Pill Mandate – Judge Gorsuch wrote and joined opinions supporting the rights of ministries and closely-held family businesses to be free from the burden imposed by the HHS Abortion Pill Mandate (Hobby Lobby Stores, Inc. v. Sebelius (2013), Little Sisters of the Poor Home for the Aged v. Burwell (2015)).
  • Establishment Clause – Judge Gorsuch wrote or signed opinions upholding the constitutionality of the public display of Ten Commandments monuments (Summum v. Pleasant Grove City (2007), Green v. Haskell County Bd. of Cnty. Commissioners (2009)).
  • Monuments and Memorials – Judge Gorsuch wrote an opinion defending the existence of cross-shaped memorials for fallen state troopers (American Atheists, Inc. v. Duncan (2010)).

“America needs Supreme Court justices who will uphold the Constitution and defend the religious liberty of every American,” Shackelford says. “I am hopeful that Judge Gorsuch will live up to President Trump’s and the American people’s expectations and strongly protect our constitutional freedoms.”

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