Jul 23: States sued for requiring clinics to inform patients about abortion options, budget defunds Johnson Amendment

Judicial Branch

Hawaii was sued by five pro-life health centers because of a new law requiring them to inform women about options for abortion. In the absence of any objective articles on the subject, here is one pro-choice and one pro-life.

A federal court issued an injunction on a new Illinois law requiring health clinics to inform patients about other facilities that perform abortions. The plaintiffs are non-profit pro-life pregnancy centers claiming a conscientious objection to providing the information.

The 4th Circuit ruled against Rowan County, North Carolina in a case over their practice of praying before meetings. The distinguishing features were that the elected officials themselves said the prayers and invited the audience to join them.

An order of Catholic nuns sued federal energy regulators for allowing a gas pipeline to be laid underneath their property. They argued that it violates their practice of religion, as part of the Adorers’ order is to treasure and protect nature.

A federal court in California allowed a lawsuit against the state to proceed. Hindu students argue that the public education system unfairly denigrates Hinduism. A key example was a sixth grade class divided into “castes” as an object lesson.

Legislative Branch

The House Appropriations Committee included a section in the 2018 budget to defund IRS enforcement of the Johnson Amendment. The Johnson Amendment removes tax-exempt status from nonprofits, including churches, that endorse political candidates.

50 States

A Muslim woman running for Senate in Arizona received a barrage of hate comments on her Facebook page. They were prompted by a post she wrote about her gratitude for America’s religious freedom. Her opponent, Republican Jeff Flake, told her “Hang in there…Sorry you have to put up with this.”

The evangelical Noah’s Ark theme park “Ark Encounter” is in a showdown with government regulators over its tax status and whether it can claim religious exemptions.

Oregon passed legislation banning state courts from using Sharia law in issuing rulings.

Other reads

An academic investigation challenged the idea that people with higher educational attainment are less religious.

The Ethicist column in the NY Times Magazine tackled the case of a Muslim man fired as a limo driver for refusing to carry wine.

New research finds additional underpinnings for American religious freedom. The founding fathers used a branch of Christian history that believed Christianity had been corrupted by its affiliation with government in post-Constantine Europe.

Jun 18: Hand scanner and the mark of the devil, Lyle Jeffs arrested

Judicial Branch

The Fourth Circuit ruled in favor of a Christian coal miner who objected to his company’s use of a biometric hand scanner. He believes the scanner imparts the Mark of the Beast from the Book of Revelation. The company accommodated two employees with hand injuries but refused to give an exception to the plaintiff, so he left the company. The employer’s defense argued that the plaintiff’s interpretation of the Bible was incorrect, and should have allowed him to use his left hand.

The Supreme Court case last week exempting religious hospital systems from pension regulations didn’t fully resolve the issue. The Court ruled that “principal-purpose” organizations qualify for an exemption, but did not address whether or not the plaintiffs qualified as principal-purpose organizations.

Executive Branch

Lyle Jeffs, leader of the Fundamentalist Latter-Day Saints, was captured by the FBI after a year on the run. He is wanted in connection with a food stamp fraud case. Jeffs is the younger brother of Warren Jeffs, his predecessor as leader of the polygamist Mormon sect.

President Trump’s proposed tax reforms could significantly reduce charitable giving, including to religious organizations.

Other reads

A new paper breaks down political affiliations of clergy across faiths. It finds that the clergy are more partisan than their members.

The LA Times ran a story about what it is like to live as a Sikh at a time when they are increasingly targeted in hate crimes.

Apr 2: DOJ under Trump still pursues mosque cases, appeals travel ban injunction

Executive branch

The Department of Justice continues to pursue legacy RLUIPA cases alleging municipal zoning discrimination against Muslim communities.

The Trump administration appealed the travel ban injunction issued in Hawaii on religious freedom grounds. The appeal will be heard by the 9th Circuit, which issued the injunction on the original executive order.

13 states signed onto an amicus brief supporting the travel ban.

Judicial branch

The Supreme Court heard arguments on Advocate Healthcare Network v Stapleton. At issue is whether religiously-affiliated hospitals are exempt from ERISA, a federal law mandating certain standards for employee retirement funds, in the same way that churches are.

Legislative branch

President Trump’s proposed federal budget included deep cuts to welfare spending. A corollary debate has emerged about the role of religious charities vs the role of government in providing for the poor. Can churches replace government welfare spending, or do they rely on it?

50 states

Kentucky passed legislation calling on the state’s department of education to develop and offer social studies electives in Bible literacy.

Bills have been proposed in state legislatures across the country banning Sharia law. Muslim groups argue the laws perpetuate misconceptions about Islam.

Community

A West Virginia mother sued the Mercer County school district over weekly Bible classes. Unlike released time religious classes, this instruction is given to all students in the classroom during school hours.

Austin, Texas, church network offers sanctuary from Immigration and Customs Enforcement.

Other reads

A passionate discussion on religion, misogyny and marital relations was sparked this week by a Washington Post piece about Vice President Mike Pence. Pence follows the “Billy Graham rule” of not eating alone with a woman.

Mormonism may play a significant role in Utah’s high rates of social mobility, particularly in its emphasis on marriage.

Atheists struggle to find therapists in the Bible belt whose practices are not based in Christianity.

Mar 12: New immigration ban calls for data on honor killings, Senators request White House aid against Jewish hate crimes

Executive

Donald Trump signed a new executive order denying new visas to citizens of six Muslim-majority countries. Unlike the previous order, it excludes Iraq and sets out a process for people to apply for exceptions. In addition, it says the government will collect and publish data on violence against women by foreign nationals in the US, including “honor killings,” a term many see as referring to Muslims.

Hawaii filed a lawsuit against the new ban, maintaining that it violates religious freedom by targeting Muslims and that it damages Hawaii’s economic interests. Five other states are planning legal action.

The Marine Corps is considering criminal charges against a drill instructor whose harassment of a Muslim recruit allegedly led to the soldier’s death.

Legislative Branch

Responding to the threats of bombs and shooters at Jewish community centers that continued last week around the country, all 100 Senators signed a letter to the Attorney General, FBI Director and Secretary of Homeland Security calling for federal assistance in solving the growing problem.

As part of an announced religious freedom campaign after being detained in an airport last month, Muhammad Ali, Jr. spoke to House representatives who sit on a border security subcommittee. On his flight out of Washington, DC, he encountered delays at the airport again.

Judicial Branch

The Supreme Court declined to hear the landmark case on transgender restroom use that prompted numerous amicus briefs from religious groups. They sent the case back to the lower court.

The court denied a bid to block the Dakota Access Pipeline on religious grounds. The judge ruled that the religious freedom objection was brought up too late.

50 States

The Kentucky legislature passed a bill guaranteeing the rights of students at public education institutions to express religious and political views, including through school newspapers and PA systems. The bill was prompted by a dispute over a school production of Charlie Brown’s Christmas, which includes a passage from the Gospel of Luke.

Muslim students visiting the office of Oklahoma state representative John Bennett were asked to fill out a form asking questions purportedly about their religion such as “Do you beat your wife?”

South Dakota’s governor signed the legislation passed last week protecting religious adoption agencies that do not place children with same-sex couples.

Other reads

Supreme Court nominee Neil Gorsuch’s record on religion, abortion and reproductive rights leans conservative, and has generally been upheld by the higher court.

Contemporary attempts by some critics to dismiss Islam as a religion have their roots in older anti-Catholic and anti-Mormon movements in America.

 

 

Jan 22: Religious Freedom Review, inauguration edition

Executive Branch

President Obama declared last Monday, January 16, to be Religious Freedom Day in addition to Martin Luther King, Jr. Day.

Controversy arose over Reverend Robert Jeffress’ participation in the customary service attended by the Trumps Friday morning. Jeffress, a Southern Baptist, gained notoriety for his remarks about minority groups – particularly comments about Mitt Romney during the 2012 election. His sermon was taken from Nehemiah and focused on God’s support for “building the wall” around Jerusalem.

Donald Trump’s inauguration had the most prayers in US history, with three invocations and three benedictions. They were given by the first female clergy to pray at an inauguration, a Hispanic evangelical, an African-American pastor, Franklin Graham, Cardinal Timothy Dolan, and a rabbi. The Christians were all evangelicals and two are associated with the resurgent “prosperity gospel” theology.

On his first full day in office, President Trump attended the traditional prayer service at the National Cathedral with representation from 26 faiths. Most were evangelical, but Islam, Baha’i, Navajo and other minority religious were also represented.

Judicial Branch

The Supreme Court agreed to hear a case testing a Blaine amendment in Missouri. Blaine amendments, which put restrictions on government funds going to churches, were passed in many states in the 19th century on a wave of anti-Catholic sentiment. This case concerns the state’s denial of Trinity Lutheran Church of Missouri’s application for a public grant to used recycled tires on its playground.

50 States

Texas Supreme Court reversed a previous decision by agreeing to hear a case seeking to halt benefits to the same-sex spouses of city employees in Houston.

Nebraska is looking to overturn a ban on teachers wearing religious garb.

Illinois community college found not to violate student’s religious rights after removing him from his paramedic class because his religious beliefs prevented him from being vaccinated.

Local

A Muslim convert fired from her job at a New Jersey jail for wearing a headscarf lost her appeal. The court found that she was not being discriminated against, as accommodating the headscarf would be an undue hardship on the jail.

Amish men sue the city of Auburn, Kentucky, over a requirement for horses to wear “equine diapers,” which they say violates their religious beliefs.

Other Reads

A review of Obama’s frequent discussions of his personal faith, and particularly of Christian theology: “Theologian in Chief.”

Jan 15: ACA won’t accommodate religious orgs, Catholic hospital denies transgender operation

Executive Branch

Attorney General nominee Jeff Sessions addressed questions about religious freedom and immigration screening of Muslims, saying he was opposed to a religious registry but that religious beliefs could be a factor in determining entry to the US. Full NPR coverage here (see section #4 for religious issues); C-SPAN clips related to religion compiled here.

Secretary of State nominee Rex Tillerson also faced questions about President-elect Trump’s proposals about Muslims. He said that he opposed a wholesale ban on Muslim immigration, and he would need “a lot more information” to take a position on a database registering Muslims. C-SPAN clips here.

Judicial Branch

After hearing Zubik v. Burwell in July, the Supreme Court requested that executive agencies review the contraceptive insurance requirements of the Affordable Care Act and determine whether and how to accommodate religious organizations. Departments of Labor, Treasury and Health and Human Services announced last week that they are making no accommodation.

Transgender New Jersey man sued a Catholic hospital for denying a hysterectomy to treat gender dysphoria.

Legislative Branch

Congressman Mark Walker (R-NC) joins Senator James Lankford (R-OK) as co-chair of the Congressional Prayer Caucus.

50 States

A series of “anti-Sharia law” or “anti-foreign law” bills are being introduced and passed in state legislatures across the country.

Michigan Department of Corrections settled a suit brought by Muslim inmates who were not provided Halal food or mealtimes to provide enough calories during Ramadan.

Missouri State University settled with a student who was expelled from their counseling Master’s program for saying he would not counsel gay couples due to his Christian beliefs. The American Counseling Association’s code of ethics forbids any discrimination on the basis of sexual orientation or gender identity.  Counseling, psychology and social work are an oft-overlooked source of friction between principles of non-discrimination and freedom of conscience.

Local

A series of three cases across Virginia where land-use requirements are being used to block mosque construction.

New Jersey Superior Court ruled that Morris County’s Historic Preservation Trust Fund recipients can include churches, finding that it doesn’t violate the separation of church and state.

Gay substitute teacher sues Catholic high school for termination after a Facebook post about his wedding.

An atheist prisoner in Pennsylvania’s only option for early release is to participate in a religious “Therapeutic Community program.”

Other reads

A thoughtful (if one-sided) piece in the LDS-affiliated Deseret News about the conflict between LGBTQ rights and religious freedom, and approaches to compromise.

Jan 10: Confirmation hearings, the Army accommodates religious dress

Executive Branch

Jeff Sessions’ confirmation hearing for Attorney General is ongoing, with some questions about religion. Sessions stated that protecting religious freedom will be a “very high priority,” but agreed that the AG is required to follow and enforce court decisions such as Roe v. Wade and Oberfell v. Hodges. He also said that Muslims as a religious group should not be denied admission to the US.

Betsy DeVos’ (NYT profile here) confirmation hearing has been delayed until next week. As a prominent school voucher activist, questions have been raised about the use of government funds for religious schools.

The US Army has issued a new regulation allowing US military personnel to wear beards, turbans and hijabs as required by their religious beliefs.

The Ambassador-at-large for International Religious Freedom, David Saperstein, will leave his post after the Inauguration. There is concern that his replacement will not be appointed for a year or more, as happened with both the Bush and Obama administrations.

Judicial Branch

A federal judge has issued a temporary injunction on an executive extension of the Affordable Care Act that defines sex bias to include discrimination based on abortions and gender identification. Proponents of the ruling argue it is protecting doctors’ rights to refuse to perform medical procedures like abortions if they are morally opposed. Opponents fear it will allow discrimination of healthcare provision to those who have had abortions or identify as transgender.

A Marine who was court-martialed for several counts of disobeying a lawful order, including a refusal to remove provocative Bible verses from her desk, has petitioned to be heard by the Supreme Court after losing her appeal at the US Court of Appeals for Armed Forces.

The Supreme Court has agreed to hear a case about an exemption for religious organizations from minimum funding and other requirements in the Employee Retirement Income Security Act. Most affected organizations are hospitals.

Legislative Branch

The International Religious Freedom Act has been amended to include the right to not practice a religion and to protect nontheistic beliefs.

One of the first bills of the 115th Congress is HR 172 to repeal the Johnson Amendment, the law preventing tax-exempt religious organizations from endorsing political candidates or participating in campaigns. President-elect Trump promised multiple times in his campaign to repeal the amendment.

50 States (and the District)

Congressman Jason Chaffetz (R-UT) plans to invoke congressional authority to block Washington, DC’s new physician-assisted suicide law.

“Bathroom bills” about transgender use of gender- or sex-designated bathrooms are being introduced in states across the country.

Local

A federal court ruled that Bernards Township in New Jersey (NYT profile of case here) discriminated in its application of city parking ordinances to a mosque. The legal dispute has been running for 5 years.

What we’re monitoring

The Atlantic has an excellent piece identifying what we can expect in 2017 under the Trump administration, particularly with a Supreme Court vacancy and over 100 other federal judicial appointees to come. National trends to watch are government-Muslim relations and questions of religious exemptions around medical treatment and procedures.