Aug 6: Hillary to preach, the rise of Christian litigation

(Not-quite) Executive Branch

Hillary Clinton is planning to become more public about her Methodist faith. There are hints that she may do some preaching as well.

Judicial Branch

The Third Circuit ruled that individuals who object to contraceptives on religious grounds do not need to be given the option to purchase insurance that doesn’t cover contraceptives.

50 States

An Alabama appellate court refused to order that a judge recuse himself from a case because of his religion. The judge is also a preacher at a fundamentalist Christian church, and is hearing a case over child custody where the mother is lesbian.

Former Alabama Supreme Court Chief Justice said that Islam is a false religion, and is in opposition to the First Amendment. He is running for the Senate.

Community

An undocumented Connecticut mother who sought asylum from her native Guatemala twenty years ago left the church where she sought sanctuary. She was there for more than two weeks, until a court granted a stay on her deportation.

Although few undocumented immigrants seek refuge at churches, the number of congregations offering sanctuary has dramatically increased under the Trump administration.

Other reads

The Deseret News reported on conservative organizations that litigate religious freedom cases on behalf of Christians. They have attracted both praise and criticism, with some fellow conservatives maintaining that some aggressive public relations and legal tactics damage the image of religious freedom.

Christians are more than twice as likely as others to say that a person is poor because of a lack of effort.

The Deseret News reported on a new survey of millennials showing that they are more secular and less concerned about religious freedom.

Apr 30: President Trump’s first 100 days see greater religious intolerance

President Trump

In his first 100 days, President Trump has kept some of his promises related to religion, religious freedom and the separation of church and state. His supporters hope the remainder will be fulfilled shortly.

The Anti-Defamation League said anti-Semitic acts have increased by 86% since Trump was elected.

The Council on American-Islamic Relations said Islamophobic incidents at US borders have increased by 1,035% in the first 100 days of the Trump presidency

Trump spoke at the annual Holocaust Remembrance Day event in the Capitol, condemning anti-Semitism in his remarks. The well-regarded speech was an important opportunity to mend relations with the Jewish community after criticism during the campaign and his first months in office.

New research from Pew indicates that white evangelicals who regularly attend church are twice as supportive of Trump as the general population.

Executive Branch

Trump may nominate Richard Grenell, a longtime US spokesman at the UN and foreign policy operative, as NATO Ambassador. It is unclear how Trump’s base will perceive Grenell, who is a gay man and a staunch evangelical Christian.

A Sikh man’s multi-year effort to join the Army may have been an important factor in the recent changes allowing soldiers to get permanent accommodations for religious dress and grooming.

Judicial Branch

A group of Mormon scholars filed an amicus brief against Trump’s immigration ban. It uses the precedent of federal discrimination against LDS immigrants in the 19th century.

50 States

Alabama passed legislation allowing adoption agencies to maintain faith-based policies on child placement. In particular, this allows religious agencies to not place children with same-sex couples.

The Amish countersued the government of Minnesota for fines and other sanctions leveled against them as a result of their refusal to install sewage systems.

Community

The San Diego Public School District created a plan for combating bullying and harassment of Muslim students.

Israel indicted the Israel-American teenager who earned money on the dark web by robocalling bomb threats into Jewish organizations in the US.

Other Reads

A high-profile prosecution of a Muslim physician who performed female genital cutting “procedures” on two Muslim girls in Michigan has prompted questions about whether the practice is religious or not. The Religious News Service has a thorough explanation. (Warning: explicit verbal content).

Progressive churches in Montana sponsoring refugees have encountered strong pushback from more conservative congregations.

The media/blogosphere has been discussing the possible rise or inevitable decline of a “religious left.” The Auburn Seminary in New York organizes politically liberal faith leaders to work for progressive causes.

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.

Feb 19: Undocumented immigrant takes refuge in church, Congressional hearing on religious liberty

Executive Branch

Jeanette Vizguerra, an undocumented immigrant from Mexico, took refuge in a Colorado church after her request for a stay of deportation was denied. More than 800 US houses of worship are part of the “sanctuary movement.” Although not protected by law, cultural norms and past directives from ICE have prevented government agents from arresting people inside of religious buildings.

Legislative Branch

The House Subcommitttee on the Constitution and Civil Justice, of the Committee on the Judiciary, held a hearing on the state of religious liberty in America. The witnesses included representatives from the Christian-affiliated Christian Legal Center and the Alliance Defending Freedom, as well as from Becket and former US Ambassador Rabbi David Saperstein. Full texts are available here, and video is available here.

Saperstein, the only non-Christian witness, notably stated that he believed the draft executive order on religious freedom to be unconstitutional.

The House voted to overturn an Obama-era regulation that took effect last month preventing states from denying funds to Planned Parenthood. Speaker Ryan said the religious freedom of taxpayers was one reason for the action.

Judicial Branch

Another federal court has issued a preliminary injunction against President Trump’s immigration executive order. This injunction is based on the evidence presented to the court from statements by Trump and his advisors that the ban is intended specifically to target Muslims, which would be religious discrimination.

The 6th Circuit has ruled against Jackson County, Michigan for its practice of saying prayers at public meetings. The main issue was that the prayers were only offered by county commissioners and always by Christians.

A Social Security Administration judge in Texas filed suit against the SSA for being officially reprimanded over his refusal to watch an LGBT sensitivity training video, which he said would violate his religious beliefs.

50 States

The Washington State Supreme Court ruled unanimously against Barronelle Stutzman, a florist who denied service to a gay couple for their wedding on the basis that it would violate her religious beliefs.

A Virginia bill to prevent the withholding of government funds to religious organizations that decline to perform same-sex wedding ceremonies passed the state house and senate. The bill is likely to be vetoed by the current governor.

Community

An unprecedented rash of bomb threats have been called in at more than 45 Jewish organizations in the past several months. Ongoing investigations have so far been unsuccessful.

Other reads

Why immigration rules that involve decisions about religion quickly get messy, with the government having to weigh in on doctrine and theology to decide who counts as Christian, Muslim, etc.

A discussion of what makes certain places sacred in Native American religions, and the relationship to the Dakota Access Pipeline and other contested spaces.

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.

Feb 5: Neil Gorsuch for Supreme Court, Trump order on religious freedom

Executive Branch

The Nation obtained a draft of a proposed Executive Order extending religious freedom protection to “any act or any refusal to act that is motivated by a sincerely held religious belief, whether or not the act is required or compelled by, or central to, a system of religious belief.” It sparked a contentious debate over what the effects would be – protecting people from having to violate sincerely-held religious principles and/or allowing widespread discrimination against LGBT people and other minorities.

The debate continues over Trump’s (now suspended) immigration ban, including whether or not it is intended to target Muslims and would thereby be an unconstitutional violation of the freedom of religion. The consensus seems to be that the strongest challenge to the ban will be on statutory grounds instead.

Donald Trump’s comments at the National Prayer breakfast drew attention for various comments, the most substantive of which was the reiteration of his promise to “destroy” the Johnson amendment that prevents church endorsement of political candidates. Most of the other controversial statements appear to have been taken out of context. Full remarks available here.

Jerry Falwell Jr, President of the evangelical Liberty University, has been tapped to head up a task force on Department of Education regulation.

Judicial Branch

Trump nominated 10th Circuit Judge Neil Gorsuch to take Antonin Scalia’s vacant seat on the Supreme Court. He participated in eleven decisions dealing with religious freedom on the 10th Circuit. The Washington Post compiled excerpts from a unanimous opinion he wrote denying summary judgment in a religious freedom case about a Native American prisoner’s access to a sweat lodge.

A former NYPD officer sued in federal court over discriminatory treatment by other police officers for wearing a Muslim hijab at work.

50 States

Kentucky is debating legislation that would codify the ability of a school district to offer religiously neutral electives on Hebrew scripture and the Bible.

Washington State introduced a bill allowing prayer on school grounds prompted by the 2015 firing of an assistant football coach for leading postgame prayers on the field.

Local

Pennsylvania parents were charged with involuntary manslaughter for the death of their daughter after they failed to seek medical treatment for her on religious grounds. They stated that as part of their membership in Faith Tabernacle church they do not believe in medical treatment. The church has been linked to dozens of child deaths since the 1970s.

Other reads

FactCheck.org assessed claims made by the Trump administration that Christian refugees were unfairly kept out of the country under President Obama.

Pew has a useful summary of historical data on refugees in the United States.

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.