May 28: Donald Trump tours world religions, wave of religious freedom legislation in Texas

Executive Branch

Donald Trump visited Riyadh, Jerusalem and Vatican City this week. Despite past controversies around his views on Islam, Judaism and the Pope, the trip was genial and has sparked little criticism.

The Pope gave him some reading material, and he was the first sitting president to visit the Western Wall.

Trump gave an important speech in Saudi Arabia, where he struck a different tone on Islam, calling it “one of the world’s great faiths.” Secretary of State Tillerson explained this rhetorical shift as an evolution in Trump’s views about Islam, while American Muslims remain skeptical that it indicates any change of heart.

Rex Tillerson himself made Islam-related news this week. He is breaking with an 18-year tradition by not hosting a public event to mark the end of Ramadan in late June.

As expected, Castilla Gingrich was nominated as the US Ambassador to the Vatican.

50 States

The Texas governor signed legislation into law protecting religious sermons from government subpoena. The bill was prompted by 2014 subpoenas for the sermons of pastors opposing an anti-discrimination ordinance in Houston.

Texas also passed legislation allowing religious organizations that do adoption and foster care matching to refuse to place children with non-Christian, unmarried or gay prospective parents.

Finally, Texas passed a bill requiring its Supreme Court to establish rules about the application of foreign laws to family law cases. This appears to be part of a national conservative campaign to “ban Sharia law.”

The Indiana Supreme Court ruled against a man using religious freedom as a justification for not paying taxes.

Judicial Branch

The 4th Circuit ruled against the Trump Administration’s travel ban, finding that it appeared to target Muslims.

Community

A white supremacist killed two people on an Oregon train who were trying to stop his verbal abuse of two Muslim women.

Two religious discrimination suits have been filed about accommodation of the wearing of long skirts – in a gym and in a hospital.

Other reads

Last Sunday’s 60 Minutes was about the 800+ religious institutions offering sanctuary to immigrants being sought by ICE.

The Guardian argues that the US is only a few decades behind Europe in secularization.

May 21: Samuel Alito on religious freedom, Clock Boy loses discrimination case

Judicial Branch

Supreme Court Justice Samuel Alito spoke at a seminary graduation on Wednesday, touching on religion and the first amendment. The Catholic school’s blog also interviewed him about his perspective on religious freedom.

A District Court dismissed Ahmed Mohamed’s discrimination lawsuit. Mohamed gained attention as “Clock Boy” when he was arrested at his high school after his homemade clock was mistaken for a bomb. The judge dismissed the lawsuit saying that religious and ethnic discrimination was not proved by the plaintiffs.

A District Court in California ruled against animal rights advocates suing a Jewish group. The group practices Kapparot, a ritual where a chicken is swung around the head while alive, then slaughtered and donated to the needy.  The advocates unsuccessfully argued against animal sacrifice for solely religious purposes.

Executive Branch

President Trump is on an ambitious trip to Saudi Arabia, Israel and Vatican City, where he will meet with religious leaders from three major world religions.

The White House plans to nominate Callista Gingrich, wife of former House Speaker Newt Gingrich, as ambassador to the Vatican. The Gingriches are devout Catholics

A legacy court case over FBI surveillance of Mosques may impact the ongoing challenge to President Trump’s travel ban. If a ruling comes down soon, it will set precedent that may guide the 9th Circuit in deciding if the travel ban was discriminatory.

50 States + territories

The Kansas Court of Appeals ruled against a mother who claimed that the state’s use of a religious organization for child placement services violated the separation of church and state.

A new law in Puerto Rico will take effect on May 25th. For the first time, employers in the territory will be required to reasonably accommodate employees’ religious practices, including participation in religious services.

Community

Two California men who attacked a Sikh man, cutting his hair and causing the amputation of a finger, were convicted of hate crimes.

A New Jersey teacher was reinstated after his 2013 firing for giving a Bible to a curious student.

Other reads

Gallup shows Americans’ views of the Bible over last 40 years. In the latest survey, a record low of 24% believe it is the “actual word of God to be taken literally.”

The Wichita Eagle has an interesting analysis of the relationship between mental illness and religion.

The New York Times asks if Muslims have to be Democrats. Muslims face a dilemma between a Trump-led Republican party with Islamophobic overtones or a socially liberal Democratic party.

May 14: States pass legislation on religious freedom, discrimination

State legislation

Florida passed a bill prohibiting discrimination against students and educators for religious expression at school, in assignments, and in extra-curricular activities. Critics contend that provisions allowing teachers to express religious identity and guaranteeing access to religious groups violate the separation of church and state.

The Missouri legislature passed legislation making it harder for employees to prove discrimination by employers. It raises the standard for proving bias against religion, sex, or race, and caps penalties against employers who persecute whistleblowers.

Oklahoma passed a bill augmenting its Religious Freedom Restoration Act. It guarantees that the government cannot force anyone to participate in or provide goods or services for a religious ceremony if it contradicts their religious beliefs.

Tennessee passed legislation explicitly guaranteeing students’ rights to be absent from sports activities for religious reasons. There don’t seem to be any cases where these rights have historically been violated.

Florida’s proposed budget has $654k for security for Jewish schools after repeated threats have caused evacuations from schools and community centers. The ACLU raised questions about the constitutionality of government-funded security for only one religion.

State courts

The California Supreme Court clarified the state’s Day of Rest statute requiring employees to be allowed one day off for every seven days of work.

The Kentucky Court of Appeals ruled that a T-shirt printing company legally denied service on religious grounds. The business declined to print shirts for the Lexington Pride Festival in 2012. The court held that the service was denied because of the message and not because of the persons who requested it, meaning it was not discrimination.

Executive Branch

Donald Trump gave the commencement address at the Christian Liberty University. His speech included remarks on religious freedom.

A geologist sued the National Park Service for civil rights violations after it denied him a permit to collect rock samples at the Grand Canyon. He alleges religious discrimination, as the denial appears to be based on his belief in Young Earth Creationism. He intends to use the samples to demonstrate that the Grand Canyon was formed 10,000 years ago rather than millions of years ago.

The US Fire Administration focused on fire prevention at religious institutions last week, which was National Arson Awareness Week.

Community

Transcripts from jury selection in a federal trial show the pervasiveness of anti-Islamic sentiment. Prospective jurors were asked about Islam because the Muslim defendant is charged with helping a man join ISIS. People said, among other things, that Muslims are criminals and not American citizens.

A DC interfaith rapid-response team formed to address hate crimes.

A New York Hindu temple joined the sanctuary movement.

A Florida school board opted to keep their current textbook after a lengthy debate over the accuracy and completeness of its chapter on Islam.

Other reads

Minority religions like the Jehovah’s Witnesses and Santeria adherents set precedents that protect religious freedom for all, sometimes overturning Supreme Court decisions along the way.

Gallup released data from a new survey on liberal and conservative views among Americans about issues perceived to be moral questions. There is a strong trend toward liberalism.

An article in the Institute on Religion and Public Life argues that religious people who oppose abortion or physician-assisted suicide may soon be unable to practice medicine without violating their consciences.

May 7: Executive Order on religious freedom changes little

Executive Branch

On National Prayer Day, Thursday of last week, Donald Trump signed an executive order on religious freedom. It instructed the IRS not to pursue churches that endorsed candidates, and allows religious exemptions under the Affordable Care Act requirements around contraception.

In practice, the order changes little – the IRS has never really enforced the Johnson Amendment preventing church endorsement of politicians, and the Hobby Lobby case already established a precedent for a religious exemption to the ACA contraception mandate.

The executive order drew swift support and criticism from the usual sides, although after reading the actual text some reversed their criticism and said the EO doesn’t really matter.

The President’s remarks at the signing caused some consternation among the military after he claimed, incorrectly, that service members were prevented from receiving religious items in a hospital that they had requested.

Legislative Branch

The Republican healthcare bill may draw logic from the “Prosperity Gospel,” which believes that good people are blessed with prosperity. The bill would allow insurance companies to price discriminate between sicker and healthier people, perhaps under the assumption that they are responsible for their health outcomes and should pay accordingly.

The Senate Judiciary Committee held a hearing on the recent spike in religious hate crimes. The panel of witnesses addressed hate against Jewish, Sikh and other communities, but was criticized for the absence of Muslim witnesses.

Judicial Branch

The 8th Circuit upheld a ruling against a heroin dealer who claimed his religion involved the distribution of narcotics. The court pointed out that, unlike other religions that incorporate drug use, the defendant made no argument that his buyers were also believers.

50 States

The Muslim doctors charged in the female genital mutilation case in Michigan intend to mount a religious freedom defense.

A Kentucky judge permanently recused himself from any adoption cases involving gay couples, citing a conscientious objection to adoptions by same-sex couples. Critics contend that an inability to be impartial on this question may mean he is unfit to hear any cases.

A Charlotte lawsuit examines if religious freedom can protect a pastor against defamation suits for things he said over the pulpit.

Other reads

The Washington Post asks if the Democratic party can include candidates who oppose abortion.

Esquire has a profile on Reverend William Barber, the activist preacher opposing Trump who has been called “the closest person we have to Martin Luther King Jr.”