Jun 4: Ramadan begins, Trump administration drafts religious exception for healthcare

Executive Branch

President Trump was criticized for his statement marking the beginning of Ramadan. The critics argued that the statement focused more on terrorism than on the Islamic month of fasting.

Muslims in New York City held an iftar, the meal at dusk that ends a day of Ramadan fasting, outside of Trump Tower in protest of the President’s policies and rhetoric.

A draft regulation by the Trump administration on birth control was leaked. The regulation would provide a religious exemption to the requirement that employers provide birth control to employees.

Judicial Branch

A Chinese man seeking asylum in the US for religious persecution in China filed an appeal to the Supreme Court. He lost his case after the Tenth Circuit used a narrow definition of persecution that did not include his circumstances.

A Michigan farmer filed suit against a farmer’s market religious discrimination. He rents out his orchard for weddings but not to same-sex couples, which puts him in violation of a city ordinance. As a result, he was kicked out of the East Lansing farmer’s market.

Two cases alleging discrimination in zoning rules were settled in New Jersey. Five years of litigation and a federal investigation concluded with the local mosque able to build according to its proposal.

Community

Alan Dershowitz has joined the legal team defending a Detroit doctor accused of female genital cutting. They will mount a religious freedom defense, saying that the doctor’s actions were religious in nature and protected by the First Amendment.

A Michigan school canceled released-time Bible classes after an activist group filed a complaint.

Other reads

The First Liberty Institute released a report entitled “Undeniable: A Survey of Hostility to Religion in America.” It documents over 1200 cases of alleged religious discrimination, most of which were litigated in court.

CNN investigated Donald Trump’s religious background to try to understand what religious beliefs he has, if any, and how they might impact his presidency.

Buzzfeed examined the phenomenon of Christian health care sharing ministries, which offer an alternative to health insurance. They have lower premiums as a result of less regulatory oversight, allowing less comprehensive coverage.

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.”