Sep 24: States grapple with religious liberty and adoption, reproductive rights and wedding services

50 States

The ACLU filed suit against the state of Michigan on behalf of same-sex couples who were refused adoption services by government-funded faith-based organizations.

California passed legislation preventing employers, including religious organizations, from firing women for reproductive decisions, including abortion, contraception, and pregnancy outside of marriage. It allows a ministerial exception for employees of religious organizations who play a role important for religious instruction or ceremony.

A public university in Oklahoma has requested advice from the state’s Attorney General after Americans United for Separation of Church and State requested that it remove Christian symbolism from the campus chapel, including the cross on the steeple.

Judicial Branch

A district court judge in Minnesota ruled that wedding videographers cannot turn away gay couples.

A federal judge ruled that an apple farmer must be reinstated to the East Lansing farmers market in Michigan. The farmer was originally banned after refusing to host a same-sex wedding at their orchard and writing a Facebook post explaining the family’s opposition to gay marriage.

Other reads

An Australian academic argues that the conflict between science and religion is an artificial construct, and that secularization will not supplant religion.

Only 4% of Americans believe in the Catholic “Consistent Ethic of Life” that opposes abortion, the death penalty and assisted suicide.

Religion News Service profiled a Muslim doctor from Detroit running for Governor of Michigan.

Sep 10: Trump advisory board supports DACA, judicial nominee questioned about Catholicism

Executive Branch

Religion News Service ran an extensive profile of Donald Trump’s informal Christian advisory group. He has given more access to religious leaders than any other modern president, but only includes evangelical Christian pastors. It’s unclear if they have had any effect on policy.

The advisory board is lobbying against the rollback of DACA, which grants legal status to undocumented immigrants who arrived as minors (“Dreamers”). Faith leaders across different traditions oppose deportation of Dreamers.

Churches in Houston sued FEMA because it excludes religious organizations from receiving public disaster assistance. Donald Trump tweeted his support for the churches’ cause.

Legislative Branch

A Catholic nominee for a federal judgeship was intensely questioned by the Senate over how judges should handle conflict between the law and their religious beliefs. She said that Democratic Senators misinterpreted an article she wrote as a law student about when Catholic judges should recuse themselves from cases involving moral questions.

Judicial Branch

Donald Trump nominated five judges in Texas, two of which spent part of their careers at the First Liberty Institute. First Liberty Institute is a conservative non-profit law firm that litigates religious liberty cases, and has been criticized by liberal groups and LGBT rights organizations.

Justice Department lawyers filed an amicus brief supporting the Denver baker who is being sued for refusing to make a custom wedding cake for a gay couple. They ask the Supreme Court to carve out a narrow exception to discrimination laws for expressive professions.

The 6th Circuit ruled that a Michigan county’s board meetings can continue to begin with prayers led by a commissioner.

Community

The National Cathedral removed stained glass windows picturing Confederate leaders Robert E. Lee and Thomas “Stonewall” Jackson.

Surveys

PRRI published a report based on the largest ever survey of American religious identity. It found that white evangelical Protestants are beginning to experience the same membership decline that other denominations began to see decades ago. Overall, white Christians are declining as a proportion of the population, down to 43% from 81% in 1976. The full report is here.

FiveThirtyEight analyzed what the survey data might mean for the future of political parties.

The Atlantic wrote about the people who report being religiously unaffiliated.

The 2017 Baylor Religion Survey results were also released. They focus on the intersection of Trump support with religion, the use of technology, and the role of faith in mental health.

Other reads

An interesting article discussed the Doctrine of Christian Discovery underpinning the legal justification of land seizure from Native Americans.

JSTOR examined the Church of the Flying Spaghetti Monster and what religious authenticity means.

Jul 2: Supreme Court rules churches are eligible for government funds, agrees to hear case of cake for gay wedding

Judicial Branch

The Supreme Court ruled in favor of Trinity Lutheran Church in a case over a church’s eligibility for grants from the state for secular purposes. The issue at hand was a state grant to resurface playgrounds. The case could have significant implications for other instances of government funds ending up with religious organizations.

The Supreme Court vacated rulings of lower courts in New Mexico and Colorado on the provision of public vouchers and textbook lending to religious schools. The cases were sent back to the lower courts.

The Supreme Court agreed to hear the case of a Denver baker who refused to sell a wedding cake to a gay couple.

The Supreme Court significantly narrowed the injunctions on Donald Trump’s travel ban, allowing the executive order to block the entry of foreigners from the six listed countries who have no “bona fide” relationship with persons in the US. It also agreed to hear the challenges to the ban, accepting appeals from the 5th and 9th Circuit Courts.

Executive Branch

A new Justice Department report found that only 54% of hate crimes from 2011-2015 were reported.

50 States

A Ten Commandments monument was installed at the Arkansas State Capitol. The ACLU announced plans to sue for its removal. The monument was destroyed by a vandal less than 24 hours after installation.

The Georgia Supreme Court ruled that the state constitution is not violated when donors get tax credit for donating money that ends up at religious schools. Under Georgia law, taxpayers who owe taxes can get credit for paying what they owe by instead donating to nonprofit organizations that provide scholarships to students. Some of those students attend religious schools.

A Florida court held that religious schools can require all students to be immunized, even if they have religious objections.

Community

Jewish marchers were asked to leave a parade the day before Pride Day in Chicago because they carried “Jewish Pride” flags, which incorporated the Star of David. The organizers interpreted the flags as symbols of Palestinian oppression.

Other reads

A new survey was released on the tension between religious freedom and sexual freedom, and which Americans think should be preferred. 48% said religious freedom is more important, while 24% said sexual freedom is. 20% said that religious believers are motivated by hate in disputes over sexuality.

Are CrossFit gyms and yoga studios filling the church gap for non-religious people?

BuzzFeed looks at what clothes people from different faiths wear to worship.

 

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.”

 

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.

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 9: Gorsuch confirmed to Supreme Court, House hearing on 1st Amendment at college

Judicial Branch

The Senate confirmed Neil Gorsuch to fill Antonin Scalia’s vacant Supreme Court seat. Republicans used the “nuclear option,” permanently altering Senate rules to circumvent a filibuster of a Supreme Court nominee. This effectively reduced the number of votes required to confirm a Supreme Court nominee from 60 to 51.

Gorsuch will have an immediate impact on the court as it decides high-profile cases, including several on religion.

The 7th Circuit ruled that the 1964 Civil Rights Act protects LGBT individuals from workplace discrimination. It found that Kimberly Hively was illegally passed over for a full-time job because of her sexual orientation.

The ruling is at odds with an 11th Circuit ruling from March that found no legal protection for a security guard who was fired for her sexual orientation.

Legislative Branch

The House Judiciary Committee held a hearing on the First Amendment on college campuses. It included a testimony on restrictions of religious freedom, particularly regarding religious clubs and their ability to apply religious tests for membership or leadership roles.

Executive Branch

The Department of Justice’s new crime reduction task force will have a subcommittee on preventing hate crimes. Reported hate crimes have spiked in the past year, including a 67% increase in hate crimes against Muslim Americans.

The Trump Administration has still not made appointments to high-profile positions related to religion. These include the Office of Faith-Based and Community Partnerships and the Ambassador-at-Large for Religious Freedom.

50 States

The Washington Supreme Court remanded a case for retrial because of improperly handling of religion and sexual orientation in child custody. The parents concerned raised their children as conservative Christians, which led to conflict when the mother came out as lesbian and they divorced. The higher court held that Washington case law disallows the use of the mother’s sexual orientation in custody determinations, independent of any potential conflict with the children’s religious convictions.

Montana governor Steve Bullock vetoed legislation banning foreign laws from being used in the Montana court system. Although the bill did not mention Sharia law, the debate in the legislature indicated that banning Islamic jurisprudence was one of its primary intentions.

The Arkansas legislature passed a similar piece of legislation implicitly banning Sharia law by forbidding the use of foreign laws.

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.

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.