Missouri Department of Corrections v. Finney
Description: The state of Missouri is challenging the removal of three prospective jurors from an employment discrimination trial based on the jurors’ religious beliefs about human sexuality.
ADF to Supreme Court: No religious tests for civic duty
The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding a friend-of-the-court brief ADF attorneys filed with the U.S. Supreme Court Thursday in Missouri Department of Corrections v. Finney, in which three prospective jurors were dismissed because of their religious beliefs:
“American society has no place for religious tests for civic duty. What happened in Missouri is egregiously wrong and extremely troubling. Even though the prospective jurors made it clear that they would adhere to the law and judge impartially, the trial court ruled that they should be disqualified simply because they subscribe to the Bible’s plain teachings about sex and human sexuality. As we explain in our brief, no one would be allowed to reject prospective jurors based on racial stereotypes just to ‘err on the side of caution’—and rightly so—yet the court rejected these jurors based on religious stereotypes. That violates the U.S. Constitution, and we urge the Supreme Court to put a decisive end to this practice.”
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.