GOP Judges Strike Down Far-Right Religious Liberty Training Punishment
Even the Fifth Circuit said punishing Southwest Airlines with an Alliance Defending Freedom training was too much.
Lawyers representing Southwest Airlines no longer have to undergo “religious liberty training” from a far-right Christian hate group, a federal appeals court ruled Friday, overturning a ruling from August.
The U.S. Court of Appeals for the Fifth Circuit ruled that the training would likely violate the lawyers’ constitutional rights and exceed the court’s authority. Three Republican judges sat on the panel making the decision, two of whom were appointed by Donald Trump.
Last year, a federal judge in Texas appointed by Trump ordered three senior lawyers for the airline to take eight hours of training from the Alliance Defending Freedom as part of sanctions resulting from a religious discrimination lawsuit brought by a former flight attendant.
The attendant, Charlene Carter, sued Southwest for firing her in 2017 after she sent anti-abortion messages to her union’s former president. Carter argued she had been discriminated against based on her religious beliefs, and U.S. District Judge Brantley Starr ruled in her favor, ordering she be reinstated. Starr also ordered Southwest to issue a statement to its employees saying that the airline “may not” engage in religious discrimination against them.
When Southwest said that it “does not” do so, Carter demanded additional sanctions against the company, to which Starr responded by requiring the religious liberty training. Why Starr brought in the ADF is unclear, as they weren’t representing Carter and had no involvement in the case whatsoever.
The Alliance Defending Freedom is designated as a hate group by the Southern Poverty Law Center for advocating laws promoting discrimination against LBGTQ people. ADF recently represented the plaintiff in the Supreme Court case 303 Creative v. Elenis, where a web designer sued to have the right to refuse services to LGBTQ people based on an entirely fabricated premise. The group has also fought against reproductive rights, helping to overturn Roe v. Wade.