Nov 5: Bears Ears National Monument shrunk, Justice nominee litigated religious freedom, and more

Executive Branch

Donald Trump is shrinking the boundaries of Bears Ears National Monument in Utah. President Obama created the monument after a coalition of native tribes that consider the area sacred petitioned for its protection.

Mother Jones reported that Eric Dreiband, who was nominated as Assistant Attorney General of the Civil Rights Division at the Justice Department, has a record of defending religious discrimination in his private career as an attorney.

Legislative Branch

The Senate approved the appointment of Notre Dame professor Amy Coney Barrett to the 7th Circuit. Her initial nomination hearings drew attention after she was questioned about her Catholic faith and if it would prevent her from being impartial.

Judicial Branch

Hawaii and Massachusetts led a coalition of 20 Attorneys General in filing an amicus brief in the Masterpiece Cakeshop Supreme Court Case. They argue that the First Amendment should not serve as a shield for discrimination on religious grounds.

A large group of religious leaders also filed an amicus brief, saying that ruling in favor of the baker would set a dangerous precedent of allowing discrimination.

50 States

A California court issued a permanent injunction against a state requirement for private pregnancy clinics to post information about contraception and abortion services. Faith-based clinics objected to the requirement on religious grounds.

Community

A new report from the Council on American-Islamic Relations showed a rise in bullying of Muslim high school students in California, reaching record levels.

A study from the Anti-Defamation League revealed a 67% spike in anti-Semitic incidents in 2017.

Secular groups argued that the Iowa City Police Department’s chaplaincy program violates the separation of church and state.

Georgetown’s Student Activities Commission voted to allow Love Saxa, a student organization promoting marriage as exclusively between a man and a woman, to keep its student funding. The vote was prompted by complaints that the group violates university tolerance standards by its rhetoric and by inviting homophobic speakers to campus.

A fired bus driver sued her former employer for religious discrimination. She was let go after refusing to take fingerprints for her background check on religious grounds, saying that she believes fingerprinting would leave the mark of the devil on her.

Other reads

An essay in the Atlantic argued that Islam doesn’t need a Martin Luther so much as a John Locke.

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.

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.

Mar 19: New travel ban blocked on religious freedom grounds

Executive Branch

Trump national security advisor Sebastian Gorka was alleged to be a member of a Nazi-allied group in his native Hungary.

Judicial Branch

President Trump’s new, revised travel ban has been blocked by courts in Hawaii and Maryland. Both courts found that previous administration statements provide clear evidence that the ban is intended to target Muslims, which is a violation of the first amendment’s establishment clause. Lawfare has an in-depth legal analysis of this argument.

Five 9th Circuit judges wrote a dissenting opinion criticizing the block on the original travel ban, arguing that the executive branch has the power to stop admission of aliens to the US.

A 3-judge panel on the 11th Circuit ruled against a fired lesbian security guard. The decision stated that the law does not protect individuals from discrimination based on their sexual orientation.

Community

Sanctuary churches are at risk of prosecution for harboring illegal alien.

Life has changed for Latino Muslims under the Trump administration.

A Pennsylvania pastor was charged with medical neglect leading to the death of his granddaughter. The sect he leads eschews medical treatment in favor of faith-based healing, and has been linked to dozens of child deaths over decades. This is the first time one of its leaders has been charged.

 

A Jewish court ruled that a new Jewish-owned pizzeria could not serve the same type of pizza as a neighboring, preexisting restaurant. The rabbinical decision was issued in Hebrew and Aramaic and drew on a Jewish law preventing unfair competition.

Other reads

An explanation for why some evangelical Christians in America feel like they’re under attack.

CNN gives a thorough analysis of Supreme Court nominee Neil Gorsuch’s religious background and its manifestation in his writings.

The Atlantic discusses America’s growing secularism and how it is exacerbating partisan politics. Less religious people appear to be more politically extreme.

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.