The American Center for Law and Justice (ACLJ) announced that it has settled a pro-life discrimination case, one of the largest settlements against the federal government in history.
While attending the 50th annual March for Life in Washington, D.C., in January 2023, students from Our Lady of the Rosary School in Greenville, South Carolina, visited the Smithsonian Air & Space Museum, a federally funded institution. When entering, the pro-life students were told they had to cover up their pro-life attire or leave. The ACLJ filed a lawsuit on behalf of a few of the students after they were kicked out of the museum for wearing pro-life beanies.
As previously reported by Live Action News, a museum staff member was alleged to have mocked the students, called them names, and said, “Y’all are about to make my day,” as he smiled and rubbed his hands together in an excited fashion. The students were then forced to exit the building because they had refused to remove their pro-life attire.
The ACLJ said in a statement, “The victims were students. They wore matching hats from their Catholic school so their chaperones could keep track of them, which is a very common practice in museums like this. It’s for the safety and organization of the group. It wasn’t a demonstration.”
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After the ACLJ filed a complaint, the Smithsonian agreed to enter into a preliminary injunction, which prohibited it from engaging in similar behavior in the future. Since that initial agreement, the ACLJ and the Smithsonian have been engaging in mediation. On March 18, 2024, the ACLJ announced that an agreement to settle the case had been reached.
Documents filed with the U.S. District Court in Washington, D.C., explain that the Smithsonian agreed to settle the case, providing a monetary amount of $50,000, a private tour to be given by the director of the National Air and Space Museum, personal apologies, and the public dissemination of an “after action” report that was conducted by the Smithsonian following the incident that occurred. In addition, the Smithsonian will “further reiterate via a bulk distribution method to all security officers stationed at all Smithsonian museums open to the public and the National Zoological Park, the current Smithsonian policy regarding the wearing of hats or other types of clothing with messages, including religious and political speech.”
This pro-life discrimination case resulted in one of the largest settlements ever reported against the federal government in a First Amendment case. The federal court entered the consent decree, a legally binding performance improvement plan, in this case.
In response to the settlement, the ACLJ said, “We are grateful for this group of clients who alerted us to the violation that occurred and who were willing to take a stand to defend their rights. From the beginning, they wanted to find out what happened and why. Specifically, they wanted to know who gave the order to require them to cover up their pro-life apparel or leave the building – and they wanted to expose the truth to ensure that this never happens again. We are pleased that our settlement does just that.”
In December, the ACLJ also won a victory in a similar case against the National Archives and Records Administration (NARA).
