May 31, 2019
Washington, D.C.
Signatures updated: 6/3/19
Conservatives strongly believe in the Constitution’s guarantees, especially the First Amendment right to the free exercise of religion. This right encompasses not only the freedom to worship, but also the right to live consistent with one’s faith. That is why we are shocked and dismayed with the recent testimony of Michael S. Bogren, nominated to be United States District Judge for the Western District of Michigan on the recommendation of Michigan’s two Democratic senators.
As a practicing attorney, Bogren was hired to represent the City of East Lansing in a dispute with a local farmer, Steve Tennes. Tennes was barred from selling his wares at the city’s farmers market, because he refused to host same-sex marriages at his farm.
Bogren has made several statements that reveal he does not understand the First Amendment’s basic protections of religious liberty. For example, he professes an Obama-era “freedom of worship” understanding of free exercise when he says that “the fact that the plaintiff says, ‘My religion compels me,’ does not protect him. There’s a difference between belief and act.” [1] Bogren also signed onto motions which characterized the Tennes family’s practice of their Catholic faith as “invidious discrimination against the LGBT community.”[2]
Equally troubling are the analogies Bogren drew between faithful Catholics and virulent racists. In particular, he directly compared Catholics honoring their faith and the Ku Klux Klan:
“The other side of that discriminatory coin is found on the website of the White Camelia Knights of the KKK… group states: ‘The Klan has always taken a strong stance against interracial marriage. What most people don’t understand is it’s against our Heavenly Father’s law.’ Again, an adherent of that particular brand of Christianity who ran a business similar to the plaintiffs’ business would not be able to invoke the free exercise clause to avoid the antidiscrimination provisions of Federal, State and local laws that apply to public accommodations if interracial couples were refused service.”[3]
Bogren also directly questioned the sincerity and consistency of the Tennes family’s faith, arguing: “Although plaintiffs rely on the teachings of the Roman Catholic Church to support their position on same-sex marriage, plaintiffs are rather selective about how they apply the tenets of the Church on other aspects of marriage when it comes to their own business.”[4] He repeated the charge later, noting that “plaintiffs selective incorporate the Roman Catholic tenets on marriage when it comes to their wedding business.”[5]
Bogren was given a chance to clarify these statements when asked about them during a hearing in the Senate Judiciary Committee on May 22, 2019.
Rather than defer to his role as the counsel of record in an ongoing case—in particular, a case that will be heard in the federal district where he is nominated as a judge—Bogren chose instead to reaffirm his position that the government can impose liberal beliefs on sexual orientation and gender on Christians.
When asked by Sen. Josh Hawley (R-Mo.) to clarify whether or not he saw “Catholic families, pointing to the teachings of their church, [as] equivalent to a KKK member invoking Christianity,” Bogren answered, “there is no distinction.”
Senator Hawley then asked Bogren to clarify his comments that the Tennes family are “selective” in how they apply the teachings of their faith. Bogren reiterated his view that they apply their faith selectively “at times.”
This reveals that Bogren has left legal analysis behind and believes that government entities are entitled to judge theological matters. Long ago, in Thomas v. Review Board, the Supreme Court held that it is not the role of the judiciary to determine issues of theological consistency. Bogren’s argument reveals religious bias lacking even the usual effort of a thin disguise.
We recognize and respect the importance of an attorney representing the interests of his client. Bogren could and should have declined to answer questions regarding ongoing litigation. Instead, he chose to double down on arguments which sharply narrow the First Amendment’s protections regarding religious liberty.
Bogren is nominated for a lifetime appointment. We believe that his suspect judicial philosophy as it relates to America’s First Freedom renders him unqualified for this position. We urge that his nomination be withdrawn.
| The Honorable Edwin Meese III Attorney General President Ronald Reagan (1985-1988) |
Alfred S. Regnery Chairman, Conservative Action Project Chairman, Law Enforcement Legal Defense Fund |
| The Honorable Tony Perkins President, Family Research Council President, Council for National Policy |
The Honorable Jim DeMint Member, South Carolina United States Senate (2005-2013) |
| Kelly J. Shackelford, Esq. President and CEO First Liberty Institute |
The Honorable T. Kenneth Cribb, Jr. Chief Domestic Advisor President Ronald Reagan (1987-1988) |
| David Bozell President ForAmerica |
The Honorable Becky Norton Dunlop White House Advisor President Ronald Reagan (1981-1985) |
| Rachel Bovard Policy Director Senate Steering Committee (2014-2015) |
Ed Corrigan Vice Chairman, Conservative Action Project Executive Director, Senate Steering Committee (2003-2012) |
| The Honorable Colin A. Hanna President Let Freedom Ring, Inc. |
The Honorable J. Kenneth Blackwell Chairman Constitutional Congress, Inc. |
| Lt. Gen. William G. Boykin (Ret.) Executive Vice President Family Research Council |
Tom McClusky President March for Life Action |
| Diana Banister President and Partner Shirley & Banister Public Affairs |
William L. Walton Chairman CNP Action, Inc. |
| Noah Wall Vice President of Advocacy FreedomWorks |
Penny Y. Nance President & CEO Concerned Women for America |
| L. Brent Bozell, III Founder and President Media Research Center |
The Honorable Donald Hodel Secretary of Energy and Secretary of Interior President Ronald Reagan |
| Senator Jason Rapert Arkansas Senate President, National Association of Christian Lawmakers |
The Honorable Gary L. Bauer President American Values |
| The Honorable Tom DeLay Former Majority Leader U.S. House of Representatives |
Ambassador Henry F. Cooper Former US Defense and Space Negotiator Former SDI Director |
| Kay R. Daly President Coalition for a Fair Judiciary |
Dr. Virginia Armstrong National Chairman Eagle Forum’s Court Watch |
| Jenna Ellis Rives Constitutional Law Attorney Conservative Commentator |
Dr. Frank Wright CEO D. James Kennedy Ministries |
| Dr. Jerome R. Corsi Founder and CEO CorsiNation.com |
Ron Robinson President Young America’s Foundation |
| Ron Pearson Executive Director Conservative Victory Fund |
Randy M. Long Founder Long Business Advisors, LLC |
| Willes K. Lee President National Federation of Republican Assemblies |
Seton Motley President Less Government |
| Randy Page Chief of Staff Bob Jones University |
The Honorable George K. Rasley Jr. Managing Editor ConservativeHQ.com |
| Mark Meckler President Convention of States Action |
Andresen Blom President Hawaiian Values |
| Barry Meguiar President Revival Outside the Walls |
Chad Connelly President Faith Wins |
| William Shaker CEO Washington Marketing Group |
Tim LeFever Chairman Capitol Resource Institute |
| Robert K. Fischer Meeting Coordinator Conservatives of Faith |
Allen Roth President Secure America Now |
| Elaine Donnelly President Center for Military Readiness |
Charles P. Noell III President Tradition, Family, Property, Inc. |
| Rebecca Hagelin Columnist The Washington Times |
Paavo Ensio Chairman Universal Minerals Group |
| The Honorable Tim Echols PSC Commissioner State of Georgia |
The Honorable James C. Miller III |
| Ralph Benko, Esq. Political Columnist |
Allen Hebert Chairman American-Chinese Fellowship of Houston |
| Peter Thomas Chairman The Conservative Caucus |
Joan Lindsey President Lindsey Communications |
| Norm Singleton President Campaign for Liberty |
Lewis K. Uhler Founder and President National Tax Limitation Committee |
| Benjamin R. Case CEO Focused on Fundraising. Inc |
Amapola Hansberger President Legal Immigrants for America |
| Khadine Ritter Chairman Eagle Forum of Ohio |
Tim Wildmon President American Family Association |
| The Honorable Mike Hill Representative Florida State House |
Paul Gessing President Rio Grande Foundation |
| Rod D. Martin Founder and CEO The Martin Organization, Inc. |
Sherri R. Martin Executive Vice President The Martin Organization, Inc. |
| Haley E. Martin President The Martin Foundation |
Nicholas Stehle Campaign for the American Future |
| Shawn A. Mitchell Former National Chaplain National Federation of Republican Assemblies (NFRA) |
Jerry Melvin Former Dean Florida House of Representatives |
| James L. Martin Founder/Chairman 60 Plus Association |
Saulius “Saul” Anuzis President 60 Plus Association |
| The Honorable Penny Pullen President Life Advocacy Resource Project |
David N. Bossie President Citizens United |
| Melissa Ortiz Visiting Fellow Independent Women’s Forum |
James C. Dobson Ph.D. Founder & President Dr. James Dobson Family Institute |
| Beverly Day |
All organizations listed for IDENTIFICATION purposes only.
1. Beth LeBlanc, Banning farmer from EL market ‘clear retaliation against free speech,’ lawyer says, Lansing St. J.(Sept. 13, 2017) https://www.lansingstatejournal.com/story/news/local/2017/09/13/banning-farmer-el-market-clear-retaliation-against-free-speech-lawyer-says/653938001/
2. Country Mill Farms v. E. Lansing, Mot. to Dismiss, 2017 WL 10876808 (W.D. Mich. 2017).
3. Ibid.
4. Country Mill Farms v. E. Lansing, Response in Opposition to Plaintiffs’ Mot. For Summary Judgment (p. 16)
5. Id. at p. 27.
