Feb 26: Muhammad Ali Jr. detained, hate crimes against Jewish communities

Executive Branch

Muhammad Ali’s son was detained at an airport and reportedly questioned at length about his religion, name and nationality. A spokesman maintained that Customs does not discriminate on the basis of religion, race or ethnicity.

Melania Trump began a rally in Florida with a reading of the Lord’s Prayer.

50 States

Hate crimes against Jewish institutions continued. There were more bomb threats at Jewish Community Centers and over 100 headstones at a Jewish cemetery in St. Louis were vandalized. President Trump condemned the actions after facing criticism for failing to address the issue when questioned during previous press conferences.

A formerly Muslim, Syrian man lost his suit against the Christian church that baptized him. They published his baptism online after promising not to, which resulted in his kidnapping and torture when he returned to Syria. The Oklahoma Supreme Court ruled in a split decision that the question of a baptism’s publicity is theological and outside the court’s jurisdiction.

Bob Jones University’s federal tax-exempt status was reinstated. The Christian university lost it after a 1983 Supreme Court case penalized it for policies against interracial dating and marriage among students. The case became an important precedent, cited in decisions such as Obergefell v. Hodges that legalized gay marriage.

A group of atheists, humanists and nonbelievers filed suit against the Pennsylvania House of Representatives, saying they have been blocked from giving the invocation that traditionally opens legislative sessions.

Local

A settlement was reached in Sterling, Michigan, where the city was sued in 2015 by the Muslim-American community and the Department of Justice over alleged discrimination in the application of zoning laws to the building of a new mosque. The settlement favors the plaintiffs and will allow the mosque to be built.

Other reads

More discussion of the resurgent sanctuary movement offering refuge to undocumented immigrants in houses of worship.

A review of the fraught historical relationship between the FBI and minority religions in the United States.

Feb 19: Undocumented immigrant takes refuge in church, Congressional hearing on religious liberty

Executive Branch

Jeanette Vizguerra, an undocumented immigrant from Mexico, took refuge in a Colorado church after her request for a stay of deportation was denied. More than 800 US houses of worship are part of the “sanctuary movement.” Although not protected by law, cultural norms and past directives from ICE have prevented government agents from arresting people inside of religious buildings.

Legislative Branch

The House Subcommitttee on the Constitution and Civil Justice, of the Committee on the Judiciary, held a hearing on the state of religious liberty in America. The witnesses included representatives from the Christian-affiliated Christian Legal Center and the Alliance Defending Freedom, as well as from Becket and former US Ambassador Rabbi David Saperstein. Full texts are available here, and video is available here.

Saperstein, the only non-Christian witness, notably stated that he believed the draft executive order on religious freedom to be unconstitutional.

The House voted to overturn an Obama-era regulation that took effect last month preventing states from denying funds to Planned Parenthood. Speaker Ryan said the religious freedom of taxpayers was one reason for the action.

Judicial Branch

Another federal court has issued a preliminary injunction against President Trump’s immigration executive order. This injunction is based on the evidence presented to the court from statements by Trump and his advisors that the ban is intended specifically to target Muslims, which would be religious discrimination.

The 6th Circuit has ruled against Jackson County, Michigan for its practice of saying prayers at public meetings. The main issue was that the prayers were only offered by county commissioners and always by Christians.

A Social Security Administration judge in Texas filed suit against the SSA for being officially reprimanded over his refusal to watch an LGBT sensitivity training video, which he said would violate his religious beliefs.

50 States

The Washington State Supreme Court ruled unanimously against Barronelle Stutzman, a florist who denied service to a gay couple for their wedding on the basis that it would violate her religious beliefs.

A Virginia bill to prevent the withholding of government funds to religious organizations that decline to perform same-sex wedding ceremonies passed the state house and senate. The bill is likely to be vetoed by the current governor.

Community

An unprecedented rash of bomb threats have been called in at more than 45 Jewish organizations in the past several months. Ongoing investigations have so far been unsuccessful.

Other reads

Why immigration rules that involve decisions about religion quickly get messy, with the government having to weigh in on doctrine and theology to decide who counts as Christian, Muslim, etc.

A discussion of what makes certain places sacred in Native American religions, and the relationship to the Dakota Access Pipeline and other contested spaces.

Feb 12: Trump’s religious freedom appointees, Sioux to use religious freedom in pipeline dispute

Executive Branch

Pam Pryor, who was responsible for the Trump campaign’s outreach to evangelical Christians, is leading the Office of International Religious Freedom in the State Department. She is vetting people to be ambassador-at-large for international religious freedom, and a front runner appears to be Ken Starr. Recently resigned as president of Baylor University amid a football sexual assault scandal, Starr is most well-known for his role as special counsel investigating President Clinton for the Whitewater and Monica Lewinsky scandals.

Judicial Branch

Part of the 9th Circuit’s temporary restraining order on Trump’s immigration executive order prevents the government from “proceeding with any action that prioritized the refugee claims of certain religious minorities.” It restated the religious freedom arguments against the order and said those claims are serious and present significant constitutional questions, particularly given President Trump’s past statements about a “Muslim ban.”

The Standing Rock Sioux Nation’s “Hail Mary” effort to block the Dakota Access pipeline is based on religious freedom grounds.

The 5th Circuit is hearing a case about a North Texas school board’s practice of opening meetings with prayers by students.

The 4th Circuit rejected the appeal of an Orthodox Jewish woman who was penalized by the DC airports authority for taking off work for Passover, taking the rare step of issuing an “unpublished opinion.”

50 States

Many pieces of legislation are being introduced in state legislatures that are related to religious freedom; Religious Freedom Review typically covers these bills once they have passed both chambers. The Washington Post, however, has a good summary of the various issues under debate across the country.

Georgia settled for $225,000 with Eric Walsh, a pastor claiming he was fired from the Department of Public Health for his religious beliefs. The state maintains he was let go for not disclosing his second income, but Dr. Walsh and his lawyers argue that it was religious discrimination and that the state requested he hand over his sermons, notes and other pastoral documentation.

A group of California parents filed suit the state over the portrayal of Hinduism in the social science curriculum.

Wisconsin Governor Scott Walker and his wife are set to host a “Christian cruise” in Alaska.

Other reads

An explanation of the two major religious freedom precedents that are germane in the 9th Circuit case over the immigration ban.’

A historical survey of American distrust of and discrimination against atheists.

A strong opinion piece arguing that Trump’s executive order would let fewer Christian refugees into the US, and that giving them preference would only exacerbate religious tension in conflict zones.

Feb 5: Neil Gorsuch for Supreme Court, Trump order on religious freedom

Executive Branch

The Nation obtained a draft of a proposed Executive Order extending religious freedom protection to “any act or any refusal to act that is motivated by a sincerely held religious belief, whether or not the act is required or compelled by, or central to, a system of religious belief.” It sparked a contentious debate over what the effects would be – protecting people from having to violate sincerely-held religious principles and/or allowing widespread discrimination against LGBT people and other minorities.

The debate continues over Trump’s (now suspended) immigration ban, including whether or not it is intended to target Muslims and would thereby be an unconstitutional violation of the freedom of religion. The consensus seems to be that the strongest challenge to the ban will be on statutory grounds instead.

Donald Trump’s comments at the National Prayer breakfast drew attention for various comments, the most substantive of which was the reiteration of his promise to “destroy” the Johnson amendment that prevents church endorsement of political candidates. Most of the other controversial statements appear to have been taken out of context. Full remarks available here.

Jerry Falwell Jr, President of the evangelical Liberty University, has been tapped to head up a task force on Department of Education regulation.

Judicial Branch

Trump nominated 10th Circuit Judge Neil Gorsuch to take Antonin Scalia’s vacant seat on the Supreme Court. He participated in eleven decisions dealing with religious freedom on the 10th Circuit. The Washington Post compiled excerpts from a unanimous opinion he wrote denying summary judgment in a religious freedom case about a Native American prisoner’s access to a sweat lodge.

A former NYPD officer sued in federal court over discriminatory treatment by other police officers for wearing a Muslim hijab at work.

50 States

Kentucky is debating legislation that would codify the ability of a school district to offer religiously neutral electives on Hebrew scripture and the Bible.

Washington State introduced a bill allowing prayer on school grounds prompted by the 2015 firing of an assistant football coach for leading postgame prayers on the field.

Local

Pennsylvania parents were charged with involuntary manslaughter for the death of their daughter after they failed to seek medical treatment for her on religious grounds. They stated that as part of their membership in Faith Tabernacle church they do not believe in medical treatment. The church has been linked to dozens of child deaths since the 1970s.

Other reads

FactCheck.org assessed claims made by the Trump administration that Christian refugees were unfairly kept out of the country under President Obama.

Pew has a useful summary of historical data on refugees in the United States.