Professional Documents
Culture Documents
ADF is one of the most organized and influential Christian legal Type Non-profit
interest groups in the United States[14] based on its budget, organization
caseload, network of allied attorneys, and connections to Headquarters Scottsdale,
significant members of the political right.[15][16][17] These include Arizona[2]
Supreme Court Justice Amy Coney Barrett[15][18] and high- Chairman Terry
ranking Republicans such as former vice president Mike Pence,[19]
Schlossberg[3]
former attorneys general William Barr[20] and Jeff Sessions,[21][16]
and US Senator from Missouri Josh Hawley (husband of ADF President, Michael Farris[3]
CEO
senior counsel Erin Hawley).[22][23] ADF attorneys have argued a
number of cases before the Supreme Court, including cases about Revenue $65,187,555[3]
religion in public schools, the Affordable Care Act, the legalization (2020)
of same-sex marriage, business owners' right to not provide Expenses $59,299,188[3]
services for same-sex marriages, and prayers before town (2020)
meetings.[24]
Endowment $4,285,445[2][4]
The Southern Poverty Law Center (SPLC) designates ADF as an (2013)
anti-LGBT hate group based on its active opposition to legal rights Employees 319[3]
and protections of LGBTQ people in the United States and around (2020)
the world.[25] ADF has lobbied, brought lawsuits, and provided Volunteers 957[3]
legal support to groups to prevent decriminalization of (2020)
homosexuality in the United States and worldwide; oppose same- Website
www.adflegal.org
sex marriage; prevent laws from being passed to prohibit
(http://www.ADFleg
discrimination based on sexual orientation and gender identity;
prohibit transgender people from changing their identification al.org)
documents unless they have undergone genital surgery and are Formerly Alliance Defense
sterilized; and oppose the expansion of transgender people's use of called Fund
bathrooms and participation in sports. [6][25][26] The SPLC
described the ADF as "one of the most influential groups informing the Trump administration's attack on
LGBTQ rights."[25]
Contents
History and structure
Founding
Shift to direct litigation
Finances and donors
Positions and litigation
Religion in public institutions
Opposition to LGBTQ rights
Opposition to abortion, birth control and euthanasia
Christian adoption agency's rejection of Jewish applicants
COVID-19 anti-vaccination and anti-lockdown legal cases
Non-profit donor disclosure
Other activities
Blackstone Legal Fellowship
Public campaigns
Church political activity and tax exemption
Associated people
See also
References
Further reading
External links
Founding
James Dobson
Co-founders of Alliance Defense Fund, the predecessor to Alliance Defending Freedom.
The Alliance Defense Fund, now known as the Alliance Defending Freedom, was founded by members of
the evangelical Christian right movement to prevent what its founders saw as threats to religious liberty in
American society.[14][17] ADF was incorporated in 1993[1] by six conservative Christian men.[27] The co-
founders were Bill Bright, who also founded Campus Crusade for Christ; Larry Burkett, an evangelical
financial advisor; James Dobson, founder of Focus on the Family; D. James Kennedy, founder of Coral
Ridge Ministries; Marlin Maddoux, a Christian radio personality; and Alan Sears, former director of the
Meese Commission.
The ADF's first president, CEO and Chief Counsel was Alan Sears.[28] Sears has been described as "an
ardent antipornography crusader,"[29] and had previously served as staff executive director of the Reagan
administration Attorney General's Commission on Pornography, which produced the 1986 Meese
Report.[30]
In its early years, Alliance Defense Fund funded legal cases rather than litigating directly. It particularly
targeted the work of the American Civil Liberties Union, which its founders saw as contributing to an
erosion of Christian values.[31][17][32]
Principal concerns of the ADF have been opposing access to abortion and gay rights. Several founding
members wrote books condemning homosexuality, including longtime president Alan Sears (The
Homosexual Agenda)[33][34] and Marlin Malloux (Answers to the Gay Deception).[35] Dr. James Kennedy
described same-sex marriage as "counterfeit marriage"[36] and was a proponent of conversion therapy "for
homosexuals who want to change, through the power of Jesus Christ."[37] James Dobson's Focus on the
Family founded a ministry called Love Won Out[38][39] to convince people that homosexuality is a sin and
that same-sex attraction could be overcome.[40]
The Alliance Defense Fund changed its name to Alliance Defending Freedom on July 9, 2012. The name
change was intended to reflect the organization's shift in focus from funding allied attorneys to directly
litigating cases.[41] By 2014 the organization had more than 40 staff attorneys, and had "emerged as the
largest legal force of the religious right, arguing hundreds of pro bono cases across the country."[17]. The
ADF garnered national attention in its 2014 challenge to the Affordable Care Act. In Burwell v. Hobby
Lobby Stores, Inc., the Court ruled that the birth control mandate in employee funded health plans was
unconstitutional[42] since there existed a less restrictive means of furthering the law’s interest.[43]
The Southern Poverty Law Center listed the organization as an extremist anti-LGBTQ hate group in 2016.
The group's designation "was a judgment call that went all the way up to top leadership at the SPLC."[44]
According to the SPLC, the ADF was included on the list due to the group's filing of an amicus brief in the
2003 U.S. Supreme Court case Lawrence v. Texas, in which the ADF expressed support for upholding the
state's right to criminalize consensual sexual acts between people of the same sex.[27] The SPLC has
described the ADF as "virulently anti-gay."[25][45] The SPLC describes the group's mission as "making life
as difficult as possible for LGBT communities in the U.S. and internationally."[27] The ADF has opposed
its inclusion on the SPLC's list, with senior counsel Jeremy Tedesco describing it as "a stranglehold on
conservative and religious groups that is just hovering over us and that can continue to constrict and limit
our ability to simply voice our opinion."[44]
In January 2017, Michael Farris, the founder of Patrick Henry College, became the new CEO of ADF.
Farris lobbied Congress for the passage of the Religious Freedom Restoration Act of 1993.[28] Farris has
called the SPLC's designation a "troubling smear" and "slander."[46]
In July 2017, U.S. sitting Attorney General Jeff Sessions attended ADF's Summit on Religious Liberty.
Sessions said, "While your clients vary from pastors to nuns to geologists, all of us benefit from your good
work." LGBTQ rights groups criticized Sessions for his participation at the event. Dominic Holden wrote
in BuzzFeed News that ADF's growing influence within the federal government can be attributed to
Sessions' support.[21][16]
Since 2010, ADF's global arm, ADF International, has been increasingly politically active in countries
around the world. ADF International reported 580 "ongoing legal matters" in 51 countries as of 2017,[47]
and increased spending in the EU alone from less than $2 million in 2019 to over $10 million in 2020-
21.[48][49]
ADF is a tax-exempt 501(c)(3) organization.[50] In 2020 ADF reported total revenue of $65 million, and
net assets of $43 million (including domestic operations only).[3] This is similar to its reported budget in
2015, when revenue was $62 million and net assets $40 million.[51] Since 1999, its budget has increased
seven-fold from $9 million.[52]: 8 4 In 2020, ADF founder Alan Sears was compensated over $803,000 and
President Michael Farris was compensated $455,000.[3]
In the European Union, ADF International spending was about $2 million per year (£1.5 million) in 2019,
including about $560,000 on lobbying EU .[48] As of 2020-2021, ADF International had a $11.5 million
USD (€9.5 million) budget for EU activities.[49]
Donors include the Covenant Foundation, the Bolthouse Foundation,[53] the Edgar and Elsa Prince
Foundation,[54][52]: 8 4, 2 55 the Richard and Helen DeVos Foundation, and the Bradley Foundation.[55][56]
The Charles Koch Institute donated $275,000 to ADF in 2020.[57] The M.J. Murdock Charitable Trust,
one of largest charities in the Pacific Northwest, donated nearly $1 million to ADF from 2007 to 2016.[58]
One of ADF's goals is for Christianity to be written into the US legal system, based on their interpretation
of the U.S. Constitution. In materials they share with donors, ADF says that they seek to spread a belief in
"the framers' original intent for the US Constitution and the Bill of Rights as it reflects God's natural law
and God's higher law."[7]
The organization also pursues "other strategies for reclaiming the judicial system as it was originally
envisioned," most notably through litigation.[7] The ADF has been involved in several United States
Supreme Court cases regarding the use of public buildings and public funds for religious purposes,
including Rosenberger v. University of Virginia (1995), Good News Club v. Milford Central School (2001),
and Town of Greece v. Galloway (2014). ADF supports Christian prayer at public town meetings (see
Town of Greece v. Galloway, 2014) and the use of religious displays (such as crosses and other religious
monuments) in public buildings and on public lands.[8] ADF has argued that parents with religious
objections should have the right to opt their children out of sex
education in schools.[8] The organization supports cases supporting
religious practice in public schools, for example, in Good News Club
v. Milford Central School (2001) the ADF was part of a case in which
the Supreme Court ruled that religious clubs must be afforded equal
access to school facilities.[61]
The organization has also worked internationally to prevent decriminalization of homosexuality in Jamaica
and Belize.[64] The SPLC has reported on ADF support for a law criminalizing same-sex sexual acts in
Belize (ruled unconstitutional in 2016).[65][66] The ADF denied playing any role in the case.[67] In the
United Kingdom, ADF International fought to deprive a gay father of custody of his child.[47] ADF also
has links to the former prime minister of Australia, Tony Abbott, an outspoken opponent of the legalization
of same-sex marriage in Australia. Abbott gave a speech to ADF regarding marriage in 2016.[68]
ADF opposes transgender rights based on an idea that "God creates each person with an immutable
biological sex — male or female..."[60] The organization has litigated against transgender employment
protections, access to bathrooms, and participation in sports for transgender people. Members of ADF also
authored model legislation for bathroom bills in the United States, aimed at restricting transgender people's
use of public bathrooms.[6] In 2020, the ADF lost a Supreme Court case in which they argued that
employers should be allowed to discriminate against transgender people. ADF attorneys defended a funeral
home that fired a trans employee in the Supreme Court case, R.G. & G.R. Harris Funeral Homes Inc. v.
Equal Employment Opportunity Commission, losing in a 6–3 vote.[69]
The organization has worked to prevent transgender children from playing sports, through lawsuits and by
lobbying state legislatures.[70][71] In April 2022, ADF-affiliated lawyers defended a professor at Shawnee
State University, Ohio, who refused to use correct pronouns when referring to a transgender student; the
university agreed to a $400,000 settlement with the professor.[72]
In Europe, ADF International has supported mandatory sterilization of transgender people and requiring
genital surgery for transgender people to be allowed to change gender markers on government-issued
identification documents.[26]
In June 2022 several groups opposing trans rights, including Alliance Defending Freedom, WDI
USA, Family Research Council and Women's Liberation Front, organized an anti-trans rally in Washington
D.C. According to Lindsay Schubiner, director of an Oregon non-profit organization which aims to counter
right-wing extremism, white nationalists have attempted "to exploit the current increased focus on
spreading homophobia and transphobia on the broader right and institutional environments" to appeal to
and recruit mainstream conservatives.[73]
ADF actively opposes the right to abortion and euthanasia, and has litigated to restrict access to
contraception in the US and in other countries. Among its most notable legal battles was a 2014 case
challenging the Affordable Care Act. In Burwell v. Hobby Lobby Stores, Inc., the Court ruled that the birth
control mandate in employee-funded health plans when the company is "closely-held" was
unconstitutional. The case set a precedent for allowing corporations and individuals to make religious
claims for exemption from laws and regulations based on a religious freedom argument.[42][74][75][76] The
United States Supreme Court held that privately held corporations could be exempt from Affordable Care
Act regulations if the owners asserted religiously objections, basing the decision on the Religious Freedom
Restoration Act of 1993. The decision meant that many employers could decide not to cover contraceptives
through their health insurance plans.[77][78]
ADF has led an international campaign to influence and restrict the right to abortion.[79] The organization
takes the position that healthcare workers have a right to refuse to provide care for abortion and other
practices the individual finds morally objectionable.[80] ADF has backed anti-abortion causes in Ireland,[47]
El Salvador, Colombia, Poland and Sweden.[81]
In Sweden, a midwife, Ellinor Grimmark sued the province of Jönköping for discrimination because she
was refused employment when, citing "freedom of conscience,” she refused to give morning-after pills,
refused to perform abortions, and refused to put in copper IUDs. She lost both her hearing before the
Discrimination Ombudsman, and in the Jönköping district court.[82] The proceedings in the Labor Court of
Sweden began on January 24, 2017, and her case received both legal and financial aid from ADF.
Grimmark’s legal representative, Ruth Nordström, was a registered partner of ADF,[83] and both Grimmark
and Nordström participated in ADFs marketing films.[84] Nordström co-wrote an opinion piece opposing
abortion rights with an ADF representative for Sveriges Television, Sweden's national public television
broadcaster.[85]
In the United Kingdom, the group has campaigned against buffer zones around abortion clinics and against
the legalization of voluntary euthanasia in the United Kingdom.[86] The group has also challenged the right
to euthanasia in Belgium before the European Court of Human Rights.[87][88]
In 2022, ADF took on a case defending a Tennessee-based Christian adoption agency that refused to work
with Jewish prospective parents.[89][90][91][92] The case, which names the State of Tennessee as a
defendant for its law permitting religious organizations to reject applicants based on faith, was dismissed on
technical grounds.[93] As of late July 2022, the case is being appealed to the Tennessee Court of Appeals
on behalf of the couple and several other plaintiffs.[93][94]
Commenting on an earlier case in South Carolina, an ADF spokesperson expressed support for an
evangelical foster care provider in South Carolina that rejects Jewish prospective parents, as well as
LGBTQ people, atheists, and other non-Christians.[95][96] The agency, Miracle Hill Ministries, is the
largest foster and adoption agency in South Carolina and receives public funding; its President has stated
that its religious discrimination policy is justified, because “We look like a social service agency, but we’re
a community of Christ followers and our faith in Christ is the most important part of who we are."[97][98] A
Catholic woman sued the agency after being rejected on the basis of religion, but the agency later changed
its rules to permit "Catholics who affirm Miracle Hill's doctrinal statement in belief and practice to serve as
foster parents and employees."[99]
At the request of South Carolina governor Henry McMaster, the Trump administration granted the
organization a waiver of federal non-discrimination law. An ADF spokesperson indicated that the
organization is "grateful [to] HHS and South Carolina" for granting the waiver, which allows the agency to
continue to restrict fostering and adoption work to those who endorse evangelical beliefs.[100][95][96]
ADF has opposed government measures aimed to stop the spread of COVID-19 in the United States and in
other countries. In the US, ADF partnered with The Daily Wire in a legal challenge against the Biden
administration's OSHA vaccine mandate.[101] In Uganda, ADF joined a Texas libertarian organization in
backing a campaign to end restrictions on large gatherings that the government had implemented to reduce
COVID-19 spread.[102] ADF brought legal challenges against the Ugandan government's regulations on
large gatherings.[103] In Scotland, ADF fought against COVID-19 regulations on large gatherings,
claiming that the measures were unfair to religious groups.[104] The ADF-backed lawsuit won in Scotland's
high court. A poll commissioned by the Humanist Society showed that more than three-quarters of Scots
were opposed to the church's reopening and the Church of Scotland distanced itself from the legal action,
saying that they accepted measures to prevent COVID-19 spread.[105]
In the US Supreme Court decision Americans for Prosperity Foundation v. Bonta (2021), ADF argued that
non-profits should not be required to disclose the identities of their donors on California state tax returns. In
a victory for ADF, the court struck down the disclosure law as unconstitutional.[106]
Other activities
Blackstone Legal Fellowship, named after the English jurist William Blackstone, is ADF's summer legal
training program. It was founded in 2000 for the purpose of preparing Christian law students for
professional legal careers. The first class comprised 24 interns.[107] The program is made up of interns,
called Fellows, from a diverse selection of law schools as well as elite institutions such as Harvard and
Yale.[107] Amy Coney Barrett, who went on to be Associate Justice of the Supreme Court of the United
States, was a paid speaker at Blackstone on five occasions between 2013 and 2017.[15]
Public campaigns
In 2003 the ADF launched the "Christmas Project," aiming to discourage non-Christian holidays from
being celebrated and to promote Christmas celebrations in public schools.[108][109] The annual initiative
was organized in an effort to prevent school districts from holding secular holiday celebrations, or what the
organization called the "censorship of Christmas." In its press release ADF singled out the American Civil
Liberties Union as the chief target of the campaign.[110] By 2004, the organization had contacted 3,600
school districts to inform them that they were not required by the Constitution to have holiday celebrations
inclusive of all religions.[108]
In 2005 the ADF and Focus on the Family began sponsoring a counter-protest called the Day of Truth
(later called "Day of Dialogue") to oppose the annual Day of Silence, an annual event to promote
awareness of anti-LGBT bullying and harassment in schools. The ADF asserted that 1,100 students from
350 schools participated in ADF's event, which ADF billed as a response to the "homosexual agenda."[111]
Some opponents of the movement have voiced concern about permitting churches to endorse politicians
because it would allow political donors to remain anonymous and to get tax breaks for their donations.[116]
Unlike other non-profits, churches aren’t required to make financial disclosures, so churches endorsing
politicians could act as funnels for anonymous campaign donations, or "dark money."[117]
Associated people
The following people are currently or have been affiliated or associated with ADF:
See also
Legal groups
Related legislation
References
Notes
Further reading
Budziszewski, J. (2006). Natural Law For Lawyers. ACW Press and The Blackstone Legal
Fellowship. ISBN 978-1932124798.
Jones, Emma (June 2016). "Fair Access Versus Religious Freedom: A Difficult Balance".
Oxford Journal of Law and Religion. 5 (2): 359–364. doi:10.1093/ojlr/rww018 (https://doi.org/
10.1093%2Fojlr%2Frww018).
External links
Alliance Defending Freedom (https://www.adflegal.org/), official website