Oct 29: Missouri man wins sex discrimination suit, Catholic Charities sued, and more

Executive Branch

With the expiration of 120 days, the Trump administration announced that they will allow entry of refugees from all countries – including the Muslim-majority countries that had been banned – with additional screening.

The Department of Health and Human Services released a memo seeking comment on barriers to faith-based organizations’ participation in programs or reception of grants.

The Trump administration nominated a Brandeis professor who works to combat on-campus anti-Semitism as Assistant Secretary for Civil Rights at the Department of Education.

Judicial Branch

The Atlantic reported on the Hawaii judge who ruled against Trump’s travel bans, and his legal rationales – including violation of the establishment clause on religion.

50 States

A gay man in Missouri won a discrimination suit on the basis of sex. Although Missouri law does not prohibit discrimination due to sexual orientation, the judge ruled that the plaintiff’s mistreatment for acting “insufficiently masculine” is covered under the sex discrimination portion of the statute.

An Arizona couple lost a bid to remove a city ordinance prohibiting discrimination on the basis of sexual orientation. The conservative Christian plaintiffs run a calligraphy business and are concerned about the possibility of being asked to write invitations for a same-sex wedding.

A North Dakota couple filed suit against Catholic Charities for refusing their application for adoption. The couple is lives together but is unmarried.

A Kentucky judge has resigned after announcing he would recuse himself from adoption cases involving gay people because of his religious beliefs. He had issued a general order to attorneys telling them to request a special judge if they were bringing such a case.

An Indiana judge ruled that preventing convicted sex offenders from attending church violates their religious freedom.

Community

The 31st undocumented immigrant to claim sanctuary at a house of worship did so at a Denver church on Thursday.

The Des Moines Register profiled an evangelical millennial working to persuade others that climate change is a real and important issue.

Other reads

A former CEO of NPR wrote a book on his experience immersing himself in Republican evangelical culture. He says he learned about religion, community service, gun control and other issues that often get short shrift in the media.

Former FBI Director James Comey revealed himself as the owner of a Twitter account named after theologian Reinhold Niebuhr. The Washington Post explained Niebuhr’s continued impact on American political life.

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.

May 28: Donald Trump tours world religions, wave of religious freedom legislation in Texas

Executive Branch

Donald Trump visited Riyadh, Jerusalem and Vatican City this week. Despite past controversies around his views on Islam, Judaism and the Pope, the trip was genial and has sparked little criticism.

The Pope gave him some reading material, and he was the first sitting president to visit the Western Wall.

Trump gave an important speech in Saudi Arabia, where he struck a different tone on Islam, calling it “one of the world’s great faiths.” Secretary of State Tillerson explained this rhetorical shift as an evolution in Trump’s views about Islam, while American Muslims remain skeptical that it indicates any change of heart.

Rex Tillerson himself made Islam-related news this week. He is breaking with an 18-year tradition by not hosting a public event to mark the end of Ramadan in late June.

As expected, Castilla Gingrich was nominated as the US Ambassador to the Vatican.

50 States

The Texas governor signed legislation into law protecting religious sermons from government subpoena. The bill was prompted by 2014 subpoenas for the sermons of pastors opposing an anti-discrimination ordinance in Houston.

Texas also passed legislation allowing religious organizations that do adoption and foster care matching to refuse to place children with non-Christian, unmarried or gay prospective parents.

Finally, Texas passed a bill requiring its Supreme Court to establish rules about the application of foreign laws to family law cases. This appears to be part of a national conservative campaign to “ban Sharia law.”

The Indiana Supreme Court ruled against a man using religious freedom as a justification for not paying taxes.

Judicial Branch

The 4th Circuit ruled against the Trump Administration’s travel ban, finding that it appeared to target Muslims.

Community

A white supremacist killed two people on an Oregon train who were trying to stop his verbal abuse of two Muslim women.

Two religious discrimination suits have been filed about accommodation of the wearing of long skirts – in a gym and in a hospital.

Other reads

Last Sunday’s 60 Minutes was about the 800+ religious institutions offering sanctuary to immigrants being sought by ICE.

The Guardian argues that the US is only a few decades behind Europe in secularization.

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 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 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.