In 1993, Liberty Counsel sued the Orlando airport over a literature distribution policy that required proof of liability insurance. The court granted the couple who sought to distribute religious literature a 10-day restraining order allowing them to distribute their material, but refused to extend it beyond the date originally requested. The attorney for the airport said that the couple had not completed the form needed to distribute literature, and that homeowners could generally get the needed insurance for $10. After the couple filed an appeal, the airport stopped requiring those who want to pass out literature to obtain a $100,000 insurance policy and changed what information was placed on badges that such distributors were required to wear.
Liberty Counsel filed a federal lawsuit challenging a 1993 injunction restricting protests near an abortion facility. Liberty Counsel represented the plaintiffs challenging the injunction, which barred protesters from interfering with those entering or exiting an abortion facility within a 36-foot buffer zone. The Florida Supreme Court upheld the injunction but a federal appeals court stuck down the injunction. The case, Madsen v. Women's Health Center, Inc. reached the U.S. Supreme Court, which in 1994 upheld part of the injunction prohibiting protests within 36 feet of the facility and making loud noises, while invalidating the part of the injunction that placed a 300-foot ban on approaching patients or the homes of facility staff, finding that this was too restrictive. The Court ruled 6-3 striking down the 300-foot zone around people going in and out of the clinic and striking down the prohibition against images "observable" from inside the clinic. The court upheld the 36-foot buffer zone. An audio recording of the case was made by the Supreme Court.
In 2000, the group represented eight absentee voters in a lawsuit over recounting ballots for the presidential election.
In Lawrence v. Texas (2003), the group submitted an amicus curiae brief urging the Supreme Court to uphold a Texas statute that criminalized homosexual sodomy.
The Supreme Court agreed to take a case in 2004 regarding displays of Ten Commandments on government property. Liberty Counsel represented Kentucky counties that posted copies in courthouses.
Liberty Counsel represented Dixie County, Florida against the American Civil Liberties Union in a 2007 lawsuit involving a Ten Commandments monument.
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In 2010, Liberty Counsel filed a lawsuit against Obamacare but the Supreme Court declined to take the case. In 2012, the High Court ordered an appeals court to reconsider the case.
After New York enacted the Marriage Equality Act, legalizing same-sex marriage in New York, in 2011, Liberty Counsel sued, seeking to invalidate the law. The New York Supreme Court, Appellate Division, rejected Liberty Counsel's claim, and in 2012, the state's highest court declined to hear a further appeal.
In 2012, Liberty Counsel unsuccessfully maintained a case at the Fourth Circuit Court of Appeals in Richmond, Virginia on behalf of Liberty University against the Affordable Care Act. On July 12, 2013, the appeals court upheld the constitutionality of the Affordable Care Act over Liberty's arguments against the "employer mandate".
In the case of Miller v. Davis, Liberty Counsel represented Rowan County (Kentucky) Clerk Kim Davis, an Apostolic Christian who in 2015, stopped issuing marriage licenses after the Supreme Court ruled that same-sex couples have the right to marry. She lost an earlier ruling in 2015 and in 2016, the 6th Circuit Court of Appeals dismissed an injunction against her at the request of Liberty Counsel after a new Kentucky law was passed that made the case moot. At the same time, they refused to vacate a contempt decree against her. Liberty Counsel filed for a stay pending appeal with the U.S. Supreme Court, which refused to hear the case. The case was dismissed as moot on April 19, 2016.
Liberty Counsel also represented former Kentucky county clerk Kim Davis who has fought issuing any marriage licenses because she did not want to issue licenses to same-sex couples based on her religious objection. The case was petitioned before the U.S. Supreme Court, which denied certiorari in October 2020. The issue before the Court was her qualified immunity defense.
After a Massachusetts public library denied Liberty Counsel's requests in 2013 and 2015 to use a meeting room for prayer, singing hymns, and presenting Christian ideas, the group sued. The library then changed its policy to allow religious and political viewpoints.
In 2021, a federal appeals court ruled in favor of Liberty Counsel's client, Jackson County, Indiana, by upholding a Christmas display including a Nativity scene in front of a county building. After the Freedom From Religion Foundation demanded that Jackson County remove the Nativity scene, the ACLU filed suit on behalf of a taxpayer. The ACLU won in the lower court, but was reversed on appeal.
In May 2021, California Governor Gavin Newsom agreed to pay $1,350,000 to Liberty Counsel for attorneys fees and costs in a case brought on behalf of Harvest Rock Church and Harvest Rock International Ministries. The settlement includes a statewide injunction against California's COVID-19 restrictions on places of worship.
In late 2021, Liberty Counsel filed suit in Florida on behalf of members of the U.S. military who had religious objections to taking COVID-19 vaccinations. The lawsuit claims that military rules permitted medical exemptions but not religious exemptions violates the First Amendment and the Religious Freedom Restoration Act.
On May 2, 2022, the U.S. Supreme Court issued a unanimous 9–0 decision in favor of Liberty Counsel's client that had been prevented from flying a Christian flag in Boston. The Court held that the city violated the constitution by approving 284 applications to use its flagpole in the city plaza, but refusing to allow a Christian group to fly its flag. Although Boston contended that the flags were "government speech" and not private speech protected by the First Amendment, the Supreme Court disagreed.
List of U.S. Supreme Court cases:
Madsen v. Women's Health Center, Inc., 512 U.S. 753 (1994)
McCreary County v. American Civil Liberties Union, 545 U.S. 844 (2005)
Mountain Right to Life v Becerra, 138 S.Ct. 2702 (2018)
Shurtleff v. City of Boston, 142 S.Ct. 1583 (2022)
