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.

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.