Apr 16: Gorsuch sworn in to Supreme Court, Trinity v Comer may fizzle

Judicial Branch

The Supreme Court may not rule on Trinity v Comer, a case about churches receiving public funds for secular purposes (in this case for a kindergarten playground). Missouri’s new governor, a Republican, has altered state policy to allow the funds to be disbursed. The court requested that both parties submit views on how the new policy impacts the case.

Neil Gorsuch was sworn in as a Supreme Court justice on Monday. Gorsuch, a 49-year-old conservative, is expected to have a significant impact on the court for decades.

Upcoming cases he could help decide contest issues around religious freedomgun rights and voting rights.

Executive Branch

Donald Trump’s weekly address focused on the Palm Sunday bombings in Egypt, and the threat posed by terrorism to religious freedom.

Speculation continues about where President Trump will attend church in Washington, DC. He has not yet attended regular services.

President Obama began a tradition of hosting a Passover seder at the White House. Although the seder was held again this week, President Trump did not attend. the highest-level attendee was Secretary of Veteran Affairs David Shulkin.

50 States

Nebraska’s Supreme Court struck down a state policy preventing same-sex couples from becoming foster parents. It found that the rule was equivalent to a business having a “whites only” employment policy.

Indiana passed legislation guaranteeing students’ rights to pray at school, form religious and secular clubs, and to wear religious clothing and jewelry. Critics say the law is redundant with existing legal protections.

Community

Muslims in a Minneapolis suburb are trying to stop a self-described “Religious Policeman” who stops people engaging in behavior contrary to his interpretation of Sharia law.

Other reads

There is a group of conservatives who work to increase religious freedom for Christians but oppose extending the same protections to Muslims. The Atlantic investigates why.

NPR examines the sanctuary movement and how churches address the risk and controversy of hosting people sought by immigration authorities.

Reza Aslan’s CNN show “Believer” is wrapping up this week. The religious scholar explores a different rare faith on each episode, but has drawn criticism from his colleagues for sensationalizing religious practices. The New Yorker argues he is pushing his own brand of spiritual understanding, which discounts scripture and religious authority while emphasizing universalism and individual experience.

President Trump and Republican lawmakers have discussed repealing the Johnson Amendment, which prevents tax-exempt churches from endorsing politicians running for office. New research from Brazil indicates that even if clergy could advise their congregations how to vote, it may not make a very large difference.

The Pew Forum has a new report out about restrictions on religion across the world, which have increased since last year.

Apr 2: DOJ under Trump still pursues mosque cases, appeals travel ban injunction

Executive branch

The Department of Justice continues to pursue legacy RLUIPA cases alleging municipal zoning discrimination against Muslim communities.

The Trump administration appealed the travel ban injunction issued in Hawaii on religious freedom grounds. The appeal will be heard by the 9th Circuit, which issued the injunction on the original executive order.

13 states signed onto an amicus brief supporting the travel ban.

Judicial branch

The Supreme Court heard arguments on Advocate Healthcare Network v Stapleton. At issue is whether religiously-affiliated hospitals are exempt from ERISA, a federal law mandating certain standards for employee retirement funds, in the same way that churches are.

Legislative branch

President Trump’s proposed federal budget included deep cuts to welfare spending. A corollary debate has emerged about the role of religious charities vs the role of government in providing for the poor. Can churches replace government welfare spending, or do they rely on it?

50 states

Kentucky passed legislation calling on the state’s department of education to develop and offer social studies electives in Bible literacy.

Bills have been proposed in state legislatures across the country banning Sharia law. Muslim groups argue the laws perpetuate misconceptions about Islam.

Community

A West Virginia mother sued the Mercer County school district over weekly Bible classes. Unlike released time religious classes, this instruction is given to all students in the classroom during school hours.

Austin, Texas, church network offers sanctuary from Immigration and Customs Enforcement.

Other reads

A passionate discussion on religion, misogyny and marital relations was sparked this week by a Washington Post piece about Vice President Mike Pence. Pence follows the “Billy Graham rule” of not eating alone with a woman.

Mormonism may play a significant role in Utah’s high rates of social mobility, particularly in its emphasis on marriage.

Atheists struggle to find therapists in the Bible belt whose practices are not based in Christianity.

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.

 

 

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 26: Muhammad Ali Jr. detained, hate crimes against Jewish communities

Executive Branch

Muhammad Ali’s son was detained at an airport and reportedly questioned at length about his religion, name and nationality. A spokesman maintained that Customs does not discriminate on the basis of religion, race or ethnicity.

Melania Trump began a rally in Florida with a reading of the Lord’s Prayer.

50 States

Hate crimes against Jewish institutions continued. There were more bomb threats at Jewish Community Centers and over 100 headstones at a Jewish cemetery in St. Louis were vandalized. President Trump condemned the actions after facing criticism for failing to address the issue when questioned during previous press conferences.

A formerly Muslim, Syrian man lost his suit against the Christian church that baptized him. They published his baptism online after promising not to, which resulted in his kidnapping and torture when he returned to Syria. The Oklahoma Supreme Court ruled in a split decision that the question of a baptism’s publicity is theological and outside the court’s jurisdiction.

Bob Jones University’s federal tax-exempt status was reinstated. The Christian university lost it after a 1983 Supreme Court case penalized it for policies against interracial dating and marriage among students. The case became an important precedent, cited in decisions such as Obergefell v. Hodges that legalized gay marriage.

A group of atheists, humanists and nonbelievers filed suit against the Pennsylvania House of Representatives, saying they have been blocked from giving the invocation that traditionally opens legislative sessions.

Local

A settlement was reached in Sterling, Michigan, where the city was sued in 2015 by the Muslim-American community and the Department of Justice over alleged discrimination in the application of zoning laws to the building of a new mosque. The settlement favors the plaintiffs and will allow the mosque to be built.

Other reads

More discussion of the resurgent sanctuary movement offering refuge to undocumented immigrants in houses of worship.

A review of the fraught historical relationship between the FBI and minority religions in the United States.

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.

Jan 22: Religious Freedom Review, inauguration edition

Executive Branch

President Obama declared last Monday, January 16, to be Religious Freedom Day in addition to Martin Luther King, Jr. Day.

Controversy arose over Reverend Robert Jeffress’ participation in the customary service attended by the Trumps Friday morning. Jeffress, a Southern Baptist, gained notoriety for his remarks about minority groups – particularly comments about Mitt Romney during the 2012 election. His sermon was taken from Nehemiah and focused on God’s support for “building the wall” around Jerusalem.

Donald Trump’s inauguration had the most prayers in US history, with three invocations and three benedictions. They were given by the first female clergy to pray at an inauguration, a Hispanic evangelical, an African-American pastor, Franklin Graham, Cardinal Timothy Dolan, and a rabbi. The Christians were all evangelicals and two are associated with the resurgent “prosperity gospel” theology.

On his first full day in office, President Trump attended the traditional prayer service at the National Cathedral with representation from 26 faiths. Most were evangelical, but Islam, Baha’i, Navajo and other minority religious were also represented.

Judicial Branch

The Supreme Court agreed to hear a case testing a Blaine amendment in Missouri. Blaine amendments, which put restrictions on government funds going to churches, were passed in many states in the 19th century on a wave of anti-Catholic sentiment. This case concerns the state’s denial of Trinity Lutheran Church of Missouri’s application for a public grant to used recycled tires on its playground.

50 States

Texas Supreme Court reversed a previous decision by agreeing to hear a case seeking to halt benefits to the same-sex spouses of city employees in Houston.

Nebraska is looking to overturn a ban on teachers wearing religious garb.

Illinois community college found not to violate student’s religious rights after removing him from his paramedic class because his religious beliefs prevented him from being vaccinated.

Local

A Muslim convert fired from her job at a New Jersey jail for wearing a headscarf lost her appeal. The court found that she was not being discriminated against, as accommodating the headscarf would be an undue hardship on the jail.

Amish men sue the city of Auburn, Kentucky, over a requirement for horses to wear “equine diapers,” which they say violates their religious beliefs.

Other Reads

A review of Obama’s frequent discussions of his personal faith, and particularly of Christian theology: “Theologian in Chief.”

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.