Sacred Heart of Jesus Parish v. Nessel
Description: The Michigan Supreme Court reinterpreted the prohibition on sex discrimination in Michigan’s Civil Rights Act and penal code to include sexual orientation and gender identity. That change requires Grand Rapids-based Sacred Heart of Jesus Parish and its school, Sacred Heart Academy, to hire faculty and staff who lead lives in direct opposition to the Catholic faith, speak messages that violate Church doctrine, and refrain from articulating Catholic beliefs in teaching its students and when advertising the school to prospective students or job applicants. Additionally, by preventing Sacred Heart from operating its school consistent with its beliefs, state officials are violating the rights of parents who specifically chose to send their children to Sacred Heart Academy because the school aligns with their values and religious beliefs.
6th Circuit to hear case of MI Catholic school faced with violating its faith or shutting down
WHO: Alliance Defending Freedom attorneys
WHAT: Available for media interviews following oral arguments in Sacred Heart of Jesus Parish v. Nessel
WHEN: Immediately following hearing, which begins at 1 p.m. EDT, Tuesday, June 11
WHERE: U.S. Court of Appeals for the 6th Circuit, Potter Stewart U.S. Courthouse, 100 E. 5th St., Cincinnati. To schedule an interview, contact ADF Media Relations Specialist Hattie Troutman at (771) 200-7630.
CINCINNATI – Alliance Defending Freedom attorneys representing a Grand Rapids–based parish and Catholic school and several of its families will be available for media interviews following oral arguments Tuesday at the U.S. Court of Appeals for the 6th Circuit in Sacred Heart of Jesus Parish v. Nessel, a case that seeks to protect the school’s constitutionally protected freedom to operate as a religious school.
The Michigan Legislature amended the Michigan Civil Rights Act to cover sexual orientation and gender identity but provided no protection for religious organizations that believe marriage is between one man and one woman and that the immutability of sex irrefutably supports human flourishing. That change requires Sacred Heart of Jesus Parish and its school, Sacred Heart Academy, to hire faculty and staff who lead lives in direct opposition to the Catholic faith, speak messages that violate Church doctrine, and refrain from articulating Catholic beliefs in teaching its students and when advertising the school to prospective students or job applicants. The amendment also threatens the rights of parents—including the three families who have joined the lawsuit—who specifically chose to send their children to Sacred Heart Academy because the school aligns with their values and religious beliefs.
“The Constitution is clear: Religious schools are free to operate according to their beliefs,” said ADF Legal Counsel Cody Barnett, who will be arguing before the court. “A federal district court—as well as the U.S. Supreme Court—have concluded that government officials can’t target faith-based organizations simply for adhering to their religious beliefs. Michigan is forcing Sacred Heart to make an impossible choice between teaching and practicing the Catholic faith or closing their doors forever—all while denying parents the right to direct the upbringing and education of their children. The parish has faithfully served Grand Rapids families for more than a century, and its school provides a rich academic and spiritual environment for hundreds of children. We are urging the 6th Circuit to allow their lawsuit to continue so they can take steps toward serving their community without fear of government punishment.”
Polish immigrants founded Sacred Heart of Jesus Parish more than a century ago. The parish-run academy exists to support parents by providing their children with a classical, Catholic education and serves nearly 400 children from pre-K through 12th grade. The parents who joined the lawsuit all have children attending Sacred Heart Academy.
Sacred Heart of Jesus Parish appealed to the 6th Circuit in November and received broad support from a diverse range of faith-based groups.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT John Bursch
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.
ABOUT Cody Barnett
Cody Barnett serves as legal counsel on Alliance Defending Freedom’s Appellate Advocacy Team, where he represents various ADF clients before appellate courts across the country. Before joining ADF, Barnett served as the William H. Rehnquist Fellow at Cooper & Kirk PLLC. He then went on to clerk for the Honorable Amul R. Thapar and the Honorable Raymond M. Kethledge, both of the U.S. Court of Appeals for the 6th Circuit, and for the Honorable Justin R. Walker of the U.S. Court of Appeals for the District of Columbia. Barnett earned his J.D. from the University of Kentucky College of Law in 2017, where he graduated first in his class. He also served as president of the Christian Legal Society and as an articles editor for the Kentucky Law Journal. He completed ADF’s Blackstone Legal Fellowship in 2017. Prior to law school, Barnett earned a Bachelor of Arts in both history and political science from Transylvania University. Barnett is admitted to practice law in Kentucky, the District of Columbia, and before several U.S. Courts of Appeal.