Jul 23: States sued for requiring clinics to inform patients about abortion options, budget defunds Johnson Amendment

Judicial Branch

Hawaii was sued by five pro-life health centers because of a new law requiring them to inform women about options for abortion. In the absence of any objective articles on the subject, here is one pro-choice and one pro-life.

A federal court issued an injunction on a new Illinois law requiring health clinics to inform patients about other facilities that perform abortions. The plaintiffs are non-profit pro-life pregnancy centers claiming a conscientious objection to providing the information.

The 4th Circuit ruled against Rowan County, North Carolina in a case over their practice of praying before meetings. The distinguishing features were that the elected officials themselves said the prayers and invited the audience to join them.

An order of Catholic nuns sued federal energy regulators for allowing a gas pipeline to be laid underneath their property. They argued that it violates their practice of religion, as part of the Adorers’ order is to treasure and protect nature.

A federal court in California allowed a lawsuit against the state to proceed. Hindu students argue that the public education system unfairly denigrates Hinduism. A key example was a sixth grade class divided into “castes” as an object lesson.

Legislative Branch

The House Appropriations Committee included a section in the 2018 budget to defund IRS enforcement of the Johnson Amendment. The Johnson Amendment removes tax-exempt status from nonprofits, including churches, that endorse political candidates.

50 States

A Muslim woman running for Senate in Arizona received a barrage of hate comments on her Facebook page. They were prompted by a post she wrote about her gratitude for America’s religious freedom. Her opponent, Republican Jeff Flake, told her “Hang in there…Sorry you have to put up with this.”

The evangelical Noah’s Ark theme park “Ark Encounter” is in a showdown with government regulators over its tax status and whether it can claim religious exemptions.

Oregon passed legislation banning state courts from using Sharia law in issuing rulings.

Other reads

An academic investigation challenged the idea that people with higher educational attainment are less religious.

The Ethicist column in the NY Times Magazine tackled the case of a Muslim man fired as a limo driver for refusing to carry wine.

New research finds additional underpinnings for American religious freedom. The founding fathers used a branch of Christian history that believed Christianity had been corrupted by its affiliation with government in post-Constantine Europe.

Jun 11: Marches against Sharia, Supreme Court upholds pension exception for religious hospitals

National

ACT for America, a conservative national security grassroots organization, staged Marches Against Sharia across the US on Saturday. The group was protesting the supposed infiltration of Islamic law into American jurisprudence.

That claim – along with others touted by marchers, such as wild accusations of bestiality – is refuted by experts.

Most cities with marches saw counter-protests calling for tolerance and condemning ACT as Islamophobic.  A number of protests got physical and arrests were made in several states.

Judicial Branch

The Supreme Court ruled 8-0 in favor of religious hospital systems claiming exemptions from federal pension fund requirements. They were being sued by former employees who argued that the hospital networks should have complied with the ERISA law protecting employees with pension plans.

The Supreme Court declined to hear a religious freedom suit filed by a Marine. After being court-martialed on several offenses, she appealed over her conviction for disobeying orders to remove bible verses from her desk. Lower courts ruled against her.

Executive Branch

President Trump spoke at the Faith and Freedom Coalition, a conservative evangelical political organization. He said that he and evangelicals are under siege, and touted his Supreme Court nomination and executive orders on religion as steps in the right direction.

The Atlantic ran a profile of the man running the Health and Human Services Office of Civil Rights. He is religious, conservative, and the son of Colombian immigrants. His office oversees language, ethnic, gender, and sexual orientation cases related to healthcare.

Secretary Ben Carson spoke at the Religious Liberty Dinner at the Newseum Institute’s Religious Freedom Center. He discussed the rights of private citizens and businesses to act according to their beliefs.

Congress

Bernie Sanders drew attention for his intense questioning at a senate confirmation hearing. He argued that the belief that members of other religions are condemned before God makes a nominee unable to serve all Americans fairly.

50 States

A District Court in Florida ruled against a Christian school that was denied the use of a stadium loudspeaker to broadcast prayers at a football championship game. The school claimed that freedoms of speech and religion were violated, while the court held that allowing use of the loudspeaker would have been state endorsement of religion.

A Montana court struck down a state rule eliminating tax credits for donations to religious school scholarships.

Other reads

Number of megachurches by state.

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 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.

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.

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 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.