The United States Supreme Court has unanimously ruled in favor of First Choice Women’s Resource Centers, a religious nonprofit, in a case against the New Jersey Attorney General. The case, First Choice Women’s Resource Centers v. Davenport, was unanimously decided in a written opinion by Justice Gorsuch. This decision is significant for religious and nonprofit organizations concerned about donor privacy. It ultimately concludes that “an official demand for private donor information” is enough for a nonprofit to show an injury so that it can file a lawsuit in federal court.
Background of the Case
The New Jersey Attorney General issued a subpoena to First Choice, demanding records that would reveal the identities of its donors. First Choice, a pregnancy resource center that does not provide or refer for abortions, argued that this violated their First Amendment rights. The Attorney General had previously set up a “Reproductive Rights Strike Force” to investigate organizations allegedly spreading false information about abortion.
Despite no complaints against First Choice, the Attorney General sought extensive documents, including donor contact information, claiming they wanted to ensure donors were not misled about the services provided.
Legal Battle and Supreme Court Decision
First Choice took the matter to federal court, arguing that the demand for donor information infringed on their rights. Initially, the case was dismissed, with courts stating there was no immediate issue to address. However, the Supreme Court reversed this decision, recognizing that the threat of revealing donor identities was enough to cause harm and warranted legal action.
Implications for Religious and Nonprofit Organizations
This ruling demonstrates the protection of donor privacy under the First Amendment. It sets a precedent that government demands for donor information can be challenged in court, even before any enforcement action is taken. Religious and nonprofit organizations can now reference this case when facing similar governmental inquiries.
Why This Matters
For religious and nonprofit groups, maintaining donor privacy is crucial. This Supreme Court decision highlights the importance of protecting these rights and provides a pathway for organizations to defend themselves against intrusive government actions.
If you have any questions regarding how this decision impacts your nonprofit or religious organization, please contact Michael A. Airdo (mairdo@airdowerwas.com) or Jake A. Leahy (jleahy@airdowerwas.com).
