Nov 26: Research on family values, Democrats, Republicans and the prosperity gospel

Judicial Branch

The Washington Post argued that the embattled Peace Cross east of Washington, DC, should be allowed to stand. A federal court ruled last month that the monument to World War I casualties must be taken down because it is shaped like a religious icon.

Politics

The Atlantic argued that Democrats need to reach out to religious voters in order to succeed, which includes moderating some positions on religious freedom and social issues.

Brigham Young University and Deseret News released a survey on American families. One of the most interesting finds is that people who are less connected to their families are significantly more likely to have voted for Trump.

David Brooks explained how the “siege mentality” may be responsible for conservative and liberal retrenchment over social and political issues.

50 States 

Nicholas Kristof wrote about the family values that red states espouse but that are actually practiced by blue states (on average).

The Virginia Pilot ran a piece investigating the use of religious exemptions by daycares in the state to avoid oversight and regulations.

Community 

Attendance has increased at liberal churches since the 2016 election, with a lot of activists seeking like-minded faith communities.

Other reads

A panel at Harvard discussed the link between the prosperity gospel and the election of Donald Trump.

Analysis of survey data provided interesting information about who believes in prosperity theology – mostly the poor, and more Democrats than Republicans.

Oct 29: Missouri man wins sex discrimination suit, Catholic Charities sued, and more

Executive Branch

With the expiration of 120 days, the Trump administration announced that they will allow entry of refugees from all countries – including the Muslim-majority countries that had been banned – with additional screening.

The Department of Health and Human Services released a memo seeking comment on barriers to faith-based organizations’ participation in programs or reception of grants.

The Trump administration nominated a Brandeis professor who works to combat on-campus anti-Semitism as Assistant Secretary for Civil Rights at the Department of Education.

Judicial Branch

The Atlantic reported on the Hawaii judge who ruled against Trump’s travel bans, and his legal rationales – including violation of the establishment clause on religion.

50 States

A gay man in Missouri won a discrimination suit on the basis of sex. Although Missouri law does not prohibit discrimination due to sexual orientation, the judge ruled that the plaintiff’s mistreatment for acting “insufficiently masculine” is covered under the sex discrimination portion of the statute.

An Arizona couple lost a bid to remove a city ordinance prohibiting discrimination on the basis of sexual orientation. The conservative Christian plaintiffs run a calligraphy business and are concerned about the possibility of being asked to write invitations for a same-sex wedding.

A North Dakota couple filed suit against Catholic Charities for refusing their application for adoption. The couple is lives together but is unmarried.

A Kentucky judge has resigned after announcing he would recuse himself from adoption cases involving gay people because of his religious beliefs. He had issued a general order to attorneys telling them to request a special judge if they were bringing such a case.

An Indiana judge ruled that preventing convicted sex offenders from attending church violates their religious freedom.

Community

The 31st undocumented immigrant to claim sanctuary at a house of worship did so at a Denver church on Thursday.

The Des Moines Register profiled an evangelical millennial working to persuade others that climate change is a real and important issue.

Other reads

A former CEO of NPR wrote a book on his experience immersing himself in Republican evangelical culture. He says he learned about religion, community service, gun control and other issues that often get short shrift in the media.

Former FBI Director James Comey revealed himself as the owner of a Twitter account named after theologian Reinhold Niebuhr. The Washington Post explained Niebuhr’s continued impact on American political life.

Apr 23: Justices favoring church in Trinity v Comer, may strike down Blaine Amendment

Supreme Court

The Supreme Court heard arguments on Trinity v Comer. At issue is Missouri’s Blaine Amendment, a rule disqualifying religious groups from receiving publicly available funds that other organizations can receive. Missouri has a program to provide recycled tires for playground flooring, but denied Trinity Lutheran church’s application for the material.

Although the new Republican governor has allowed Trinity’s application to proceed, both sides urged the court to continue with the case to address future policy changes. In oral arguments the justices appeared to favor the plaintiff. A decision is expected in June.

Executive Branch

The Defense Department nearly doubled its list of recognized religions. It includes humanism and earth-based religions for the first time.

Federal Courts

Judge John Noonan of the 9th Circuit passed away, opening up an opportunity for Donald Trump to make another influential judicial appointment. Noonan was appointed by Ronald Reagan. The 9th Circuit stopped Trump’s first executive order on immigration.

US Steel Tubular Products was ordered to pay $150,000 for religious discrimination. It refused to hire a Nazirite applicant whose religious beliefs prevented a lock of his hair being cut off for a mandatory drug test. (*Note – I’ve been unable to uncover exactly what his religion is/was, but it seems related to Rastafarianism).

A gay man fired from his position as music director in a Catholic church lost his suit to be reinstated. A district court ruled that the position falls under the ministerial exception.

A federal judge issued policing and housing injunctions against two FLDS-dominated towns. Due to a majority of residents being members of the polygamist Mormon sect, they have been able to control law enforcement and housing regulations to the detriment of outsiders. The judge denied the Justice Department’s bid to disband the police force, instead mandating an independent mentor to advise on policy revision.

50 States

An atheist lawmaker sparked debate in Arizona for giving a legislative invocation that focused on nature, not God, as a higher power.

Idaho is one of four states that allow religious exceptions for the requirement to seek medical treatment for children. A local sheriff is concerned about the minors that die from preventable causes because of their parents’ faith healing beliefs.

Community

There are two cases of female Muslim athletes whose wearing of the hijab could have prevented them from competing. High school basketball player Je’Nan Hayes will be able to participate in playoff games after a rule that kept her on the bench for regionals was changed to allow her headscarf. Boxer Amaiya Zafar is expected to receive a waiver for her next fight, but must continue to request waivers before each match.

A transgender man sued a Catholic hospital in California for denying him a hysterectomy as part of his gender transition.

A Jewish woman sued a white nationalist for online harassment and inciting threats against her and her family.

Charges were dismissed against a faith healing pastor in Pennsylvania whose granddaughter died from a preventable illness.

Other reads

A compelling editorial argues that there is a double standard for violence linked to religion. Muslims are called terrorists, but Christians are just criminals. The author asserts that toxic masculinity is more to blame for mass shootings than religion is.

Apr 16: Gorsuch sworn in to Supreme Court, Trinity v Comer may fizzle

Judicial Branch

The Supreme Court may not rule on Trinity v Comer, a case about churches receiving public funds for secular purposes (in this case for a kindergarten playground). Missouri’s new governor, a Republican, has altered state policy to allow the funds to be disbursed. The court requested that both parties submit views on how the new policy impacts the case.

Neil Gorsuch was sworn in as a Supreme Court justice on Monday. Gorsuch, a 49-year-old conservative, is expected to have a significant impact on the court for decades.

Upcoming cases he could help decide contest issues around religious freedomgun rights and voting rights.

Executive Branch

Donald Trump’s weekly address focused on the Palm Sunday bombings in Egypt, and the threat posed by terrorism to religious freedom.

Speculation continues about where President Trump will attend church in Washington, DC. He has not yet attended regular services.

President Obama began a tradition of hosting a Passover seder at the White House. Although the seder was held again this week, President Trump did not attend. the highest-level attendee was Secretary of Veteran Affairs David Shulkin.

50 States

Nebraska’s Supreme Court struck down a state policy preventing same-sex couples from becoming foster parents. It found that the rule was equivalent to a business having a “whites only” employment policy.

Indiana passed legislation guaranteeing students’ rights to pray at school, form religious and secular clubs, and to wear religious clothing and jewelry. Critics say the law is redundant with existing legal protections.

Community

Muslims in a Minneapolis suburb are trying to stop a self-described “Religious Policeman” who stops people engaging in behavior contrary to his interpretation of Sharia law.

Other reads

There is a group of conservatives who work to increase religious freedom for Christians but oppose extending the same protections to Muslims. The Atlantic investigates why.

NPR examines the sanctuary movement and how churches address the risk and controversy of hosting people sought by immigration authorities.

Reza Aslan’s CNN show “Believer” is wrapping up this week. The religious scholar explores a different rare faith on each episode, but has drawn criticism from his colleagues for sensationalizing religious practices. The New Yorker argues he is pushing his own brand of spiritual understanding, which discounts scripture and religious authority while emphasizing universalism and individual experience.

President Trump and Republican lawmakers have discussed repealing the Johnson Amendment, which prevents tax-exempt churches from endorsing politicians running for office. New research from Brazil indicates that even if clergy could advise their congregations how to vote, it may not make a very large difference.

The Pew Forum has a new report out about restrictions on religion across the world, which have increased since last year.

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.

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.

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.