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.

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.

Feb 12: Trump’s religious freedom appointees, Sioux to use religious freedom in pipeline dispute

Executive Branch

Pam Pryor, who was responsible for the Trump campaign’s outreach to evangelical Christians, is leading the Office of International Religious Freedom in the State Department. She is vetting people to be ambassador-at-large for international religious freedom, and a front runner appears to be Ken Starr. Recently resigned as president of Baylor University amid a football sexual assault scandal, Starr is most well-known for his role as special counsel investigating President Clinton for the Whitewater and Monica Lewinsky scandals.

Judicial Branch

Part of the 9th Circuit’s temporary restraining order on Trump’s immigration executive order prevents the government from “proceeding with any action that prioritized the refugee claims of certain religious minorities.” It restated the religious freedom arguments against the order and said those claims are serious and present significant constitutional questions, particularly given President Trump’s past statements about a “Muslim ban.”

The Standing Rock Sioux Nation’s “Hail Mary” effort to block the Dakota Access pipeline is based on religious freedom grounds.

The 5th Circuit is hearing a case about a North Texas school board’s practice of opening meetings with prayers by students.

The 4th Circuit rejected the appeal of an Orthodox Jewish woman who was penalized by the DC airports authority for taking off work for Passover, taking the rare step of issuing an “unpublished opinion.”

50 States

Many pieces of legislation are being introduced in state legislatures that are related to religious freedom; Religious Freedom Review typically covers these bills once they have passed both chambers. The Washington Post, however, has a good summary of the various issues under debate across the country.

Georgia settled for $225,000 with Eric Walsh, a pastor claiming he was fired from the Department of Public Health for his religious beliefs. The state maintains he was let go for not disclosing his second income, but Dr. Walsh and his lawyers argue that it was religious discrimination and that the state requested he hand over his sermons, notes and other pastoral documentation.

A group of California parents filed suit the state over the portrayal of Hinduism in the social science curriculum.

Wisconsin Governor Scott Walker and his wife are set to host a “Christian cruise” in Alaska.

Other reads

An explanation of the two major religious freedom precedents that are germane in the 9th Circuit case over the immigration ban.’

A historical survey of American distrust of and discrimination against atheists.

A strong opinion piece arguing that Trump’s executive order would let fewer Christian refugees into the US, and that giving them preference would only exacerbate religious tension in conflict zones.

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.