In court briefings, government attorneys defended the police officers' actions by arguing that the First Amendment's Free Exercise Clause only "protects an individual's right to choose a religion." 

Attorneys for First Liberty Institute, a national religious freedom law firm representing Ms. Sause, say the government's argument could set a dangerous precedent for how the First Amendment protects religious freedom.
 
"The Free Exercise Clause protects an individual's right to do exactly that—to freely exercise his or her faith," Stephanie Taub, Senior Counsel for First Liberty Institute. "The government's attempt to redefine the First Amendment through this case could set a dangerous precedent for religious freedom."

The case, Mary Anne Sause v. Timothy J. Bauer, et al., was heard before a three-judge panel of the Tenth Circuit. Bradley G. Hubbard, Associate with Gibson Dunn, argued the case as co-counsel with First Liberty Institute.  

"Prayer is essential to my faith and everyday life," Ms. Sause said following the arguments. "Not a day goes by when I don't pray. It is concerning to see the government claim the First Amendment protects my right to choose my religion, but not my right to pray in the privacy of my own home."

"The First Amendment guarantees the right for all Americans to freely exercise their faith," Taub says. "First Liberty Institute is committed to defending that freedom for every American."

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