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.

 

 

Mar 5: Hate crimes across America, South Dakota passes religious adoption bill

Executive Branch

Reports emerged that President Trump still plans to sign a version of the draft executive order on religious freedom that was circulated last month. It is now being refined after challenges to other executive order in the courts. Its most controversial component exempts businesses from being required to serve LGBT individuals.

The church of Sam Rodriguez Jr, an evangelical pastor who prayed at Donald Trump’s inauguration, is offering sanctuary to congregants who fear raids by immigration authorities may lead to their deportation. In related news, the ICE staked out a church homeless shelter in Virginia, worrying religious organizations participating in the sanctuary movement.

Judicial Branch

A flurry of amicus briefs have been filed by religious groups on both sides of the upcoming Supreme Court case on the use of male restrooms by a transgender high school student.

Legal arguments continued over whether Sioux religious beliefs could halt the Dakota Access Pipeline under the Religious Freedom Restoration Act.

A Hare Krishna community in Western Virginia reached an agreement with Energy Transfer Partners over a pipeline crossing their land. ETP, the same company building the Dakota Access Pipeline, will reroute the pipeline to avoid certain sites sacred to the community, but it will still cross Hare Krishna land.

50 States

South Dakota passed legislation shielding religious adoption agencies from state penalties for refusing to place children with same-sex couples and single parents on religious grounds.

The California Department of Corrections and Rehabilitation has been sued for refusing to hire a Seventh-Day Adventist prison guard because of her religious requirement to abstain from work on the Sabbath.

Community

Bomb threats continued to target Jewish Community Centers. Interactive map of the 91 incidents (as of Sunday) here.

Four mosques have been burned down across the country in the last six weeks.

A Sikh man in Washington and two Hindu Indian immigrants in Kansas were shot in separate incidents apparently after being mistaken for Muslim immigrants.

Other Reads

NPR gave a fair analysis of the ongoing conflict between freedom of religion and the prevention of LGBT discrimination.

The numbers on refugee entry during the immigration ban, with fewer Muslim refugees than previously.

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.

Jan 29: Trump bans some immigrants, wants to let Christians in

Executive Branch

President Trump signed an executive order on Friday banning immigration from seven Muslim-majority countries, suspending refugee admission for 120 days, and mandating that asylum seekers of minority religions from those countries would be given priority. Trump later stated that the latter clause was to enable the prioritization of Christians.

The ACLU has the best summary of how various elements of the executive order may violate the First Amendment. The ACLU and others have filed suit.

There has been controversy over President Trump’s statement memorializing International Holocaust Remembrance Day (also on Friday) because it omitted any mention of Jews. The Administration responded that this was intentional.

Judicial Branch

A lawsuit has been filed in federal court over Bible study electives offered in Mercer County, West Virginia.

Three judges that could be nominated by President Trump to replace Antonin Scalia on the Supreme Court.

50 States

California has banned state-funded travel to four other states due to laws considered as discriminatory against LGBT people. The Kansas law in question enables college campus religious groups to require members to maintain religious standards. The Tennessee law allows therapists to reject clients whose goals contradict the therapists’ personal beliefs.

Queens College has been sued for rejecting the application of a pro-life student club. The club was later granted recognition, but the dispute is ongoing.

An Iowa security officer filed suit claiming he was fired because he used “In Christ” as part of his email signature.

A lawsuit was filed against North Carolina arguing that its sex offender law was unconstitutional – restricting registered sex offenders from, among other things, attending worship services.

A Texas state legislator is facing criticism over a “survey” he sent to Texas mosques, questioning if they support Shari’a law and the Muslim Brotherhood.

Local

New York City issued a complaint against a contracting company for discrimination against Muslim workers.

Other reads

A provocative op-ed in Time arguing that the Trump administration’s immigration policies could infringe on church ministries.

A senator in Australia proposed creating a central registry of officiators willing to perform a same-sex wedding, to avoid potential legal tension.

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.