Americans United opposes President Donald Trump’s nomination of Brett Kavanaugh to the U.S. Supreme Court

Trump and Kavanaugh both have shown little respect for the separation of church and state.

In fact, Kavanaugh believes that the "wall of separation” metaphor “was wrong as a matter of law and history" – even though the metaphor was invoked by Thomas Jefferson and has long been used by the Supreme Court to explain the protections guaranteed to us in the First Amendment to the U.S. Constitution.

The separation of church and state guarantees religious freedom for all Americans. We can’t afford to have a Supreme Court that would undermine it. With Trump's nomination of Kavanaugh to the court, our core American principle of church-state separation hangs in the balance.

That’s why Americans United urges the Senate to reject Kavanaugh's nomination.


Urge Your Senators To Oppose Trump's Supreme Court Pick, Judge Brett Kavanaugh

Take Action: Urge your senators to oppose President Trump's Supreme Court nominee, Judge Brett Kavanaugh.

To learn more about AU's objections to Brett Kavanaugh and the many church-state issues that could come before the Supreme Court, watch our new video, "We Are Americans United!"


Aug. 10, 2018: Sen. Chuck Grassley (R-Iowa) announced the Senate Judiciary Committee scheduled Kavanaugh's Supreme Court confirmation hearings to begin on Sept. 4 – even though records from Kavanaugh's time in the George W. Bush White House won't be released in time for review by senators and the public first. Americans United, which joined more than 100 coalition partners in demanding release of these records, condemned Grassley's decision; read our statement here

Aug. 7, 2018: Americans United released a new video that reinforces our opposition to Kavanaugh and outlines the many church-state issues that could come before the Supreme Court:

July 20, 2018: Americans United joined more than 100 organizations in urging senators to ensure the release and review of documents relating to Brett Kavanaugh's extensive service in the George W. Bush administration. These documents could include revelations about Kavanaugh's involvement in Bush's faith-based initiatives, the Charitable Choice program and other church-state separation issues. Read a blog post about our letter here, or the letter itself here.

July 17, 2018: Americans United joined more than 100 organizations affiliated with the Leadership Conference on Civil and Human Rights in urging the Senate to oppose the confirmation of Brett Kavanaugh to the Supreme Court because his record indicates he would be a decisive vote to undermine many of our core rights and legal protections, including religious freedom. You can read the letter outlining our concerns here.

July 11, 2018: Rob Boston, editor of Americans United's Church & State magazine, details how Brett Kavanaugh on the U.S. Supreme Court could threaten secular public education.

July 10, 2018: Americans United produced an extensive report detailing Brett Kavanaugh's hostility toward church-state separation. It is available here.

July 9, 2018: Americans United President and CEO Rachel Laser, staff and supporters joined allies for a "Stop Kavanaugh" rally at the U.S. Supreme Court to protest President Donald Trump's nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. Laser enumerated how Kavanaugh has shown disregard for separation of church and state. You can watch the rally, including Laser's speech, here (Laser begins speaking at 44-minute mark). 

AU President and CEO Rachel Laser speaking outside the Supreme Court to protest Brett Kavanaugh's nomination

(Photo: AU President and CEO Rachel Laser speaks at "Stop Kavanaugh" rally outside the U.S. Supreme Court. Credit: Screenshot from Now This)


July 9, 2018: During a prime time press conference, President Donald Trump announced Brett Kavanaugh as his nominee to replace retiring Justice Anthony M. Kennedy on the U.S. Supreme Court. Americans United opposes the nomination of Kavanaugh, currently a judge on the U.S. Court of Appeals for the District of Columbia, because he has a demonstrated track record of hostility toward church-state separation. Read AU's statement here and our blog post here that highlights Kavanaugh's lack of respect for religious freedom for all.

Donald Trump introduces Supreme Court nominee Judge Brett Kavanaugh

(Photo: President Donald Trump's Supreme Court nominee, Brett Kavanaugh. Credit: Screenshot from C-SPAN)


The New York Times: Kavanaugh Could Unlock Funding for Religious Education, School Voucher Advocates Say

The Washington Post: Kavanaugh record suggests he would favor religious interests in school debates

Education Week: Kavanaugh Has Supported Public School Prayers, Religious School Vouchers

Religion News Service: Faith leaders on Kavanaugh: Defender or destroyer of religious liberty?

The Washington PostReligious liberty becomes a main focus for conservatives in Supreme Court nomination

The New York Times: The White House Is Tearing Down the Wall Between Church and State