First Amendment

Melissa Rogers 6-29-2017

Image via RNS/Reuters/Jonathan Ernst

It may take years to fully grasp the import of the Supreme Court’s decision in Trinity Lutheran Church v. Comer, where the court ruled 7-2 that the state of Missouri had expressly and unjustifiably discriminated against a church by disqualifying it from receiving a public benefit (scrap tire to enhance playground safety) solely because of the church’s religious character.

But here are six initial observations about the ruling:

Image via RNS/Sally Morrow

The Supreme Court has ruled for a Missouri church that claimed religious discrimination after it was refused state funds to improve its playground.

Ruling 7-2, the court on June 26 determined that the state had unfairly denied funds for Trinity Lutheran Church in Columbia under the First Amendment’s free exercise clause.

A 3D-printed logo for Twitter is seen in this picture illustration made in Zenica, Bosnia and Herzegovina on Jan. 26. REUTERS/Dado Ruvic/Illustration/File Photo

A free-speech institute on Tuesday sent a letter to President Donald Trump demanding the prolific tweeter unblock certain Twitter users on grounds the practice violates the First Amendment of the U.S. Constitution.

Image via RNS/Alliance Defending Freedom

According to the lawsuit, Country Mill is the only business to have been prohibited under the market’s anti-discrimination policy.

In a statement, the city of East Lansing said the farmer’s refusal to host a same-sex wedding violated a “long-standing ordinance that protects sexual orientation as well as the Supreme Court’s ruling that grants the right for same-sex couples to be married.”

Casey Jones 4-17-2017

Image via RNS/Lara Solt/KERA News

The world around me was constructed to, more or less, accommodate my faith.

But many Muslim students cannot take for granted what I, as a Christian, was able to take for granted.

Recently, in a letter to the Frisco Independent School District, the Texas attorney general’s office raised concerns about the constitutionality of a Muslim prayer room at Frisco’s Liberty High Schoo,l based on the establishment clause of the First Amendment.

Image via RNS/Rev. Justo Gonzalez II

The Trump administration’s hard-line stance on undocumented immigrants is polarizing: People have responded with either “throw the bums out” or “have a heart.” But the question of whether faith communities can legally offer the undocumented physical sanctuary — sheltering them in churches, synagogues, and mosques to keep them from immigration authorities — is not so cut and dry. 

Sandi Villarreal 2-22-2017

ONE SPACE WHERE I find rest, amid the noise of living and working in Washington, D.C., sits directly in the heart of the hustle: the Newseum, dedicated to the defense of Amendment 1 to the U.S. Constitution.

It may be an odd choice, since it exhibits the front page of 60 newspapers each morning, each listing the harrowing headlines I’m trying to escape. But in this space, dedicated to education on our First Amendment freedoms, I find special solace.

Etched on a large window overlooking Pennsylvania Avenue between the White House and the Capitol are these words: “Freedom of Press Speech Religion.”

There is not much breathing room between those freedoms inherent to all Americans, nor between those listed separately: freedom of assembly and petition.

It’s a well-placed reminder about freedoms many Americans take for granted. In 2016, 39 percent of Americans could not name a single one of them. Fifty-four percent could name freedom of speech, but only 17 percent and 11 percent could name freedom of religion and freedom of the press, respectively.

When freedoms don’t “feel” threatened, it’s easy to take them for granted.

Enter 2017. Already this year, we’ve experienced attacks on the freedom of religion as evidenced by the surge in Islamophobic and anti-Semitic attacks and the Trump administration’s failure to mention Jews or anti-Semitism in its Holocaust Remembrance Day statement (a stark departure from the previous six administrations). We’ve seen lawyers spill pro bono hours in airports defending the freedom of religion by enforcing legal protections for international travelers in the face of what appeared to be a “religious test” for entering the country.

People of faith across the U.S. and across party lines rightly have been outraged at potential infringement of religious liberty under the Trump administration.

Image via RNS/Reuters/Kate Munsch

Despite President Trump’s threat of a “Muslim ban” during the 2016 campaign, Hadil Mansoor Al-Mowafak, a 20-year-old international affairs student at Stanford University, was taken aback when he banned travel from seven Muslim countries, including Yemen, where her husband lives.

“I didn’t think it was even possible,” Al-Mowafak said. “I thought he just used the Muslim ban during his campaign, and once he took power he’d face reality.”

Image via RNS/Sally Morrow

Neil Gorsuch, President Trump’s Supreme Court nominee, is known for his commitment to religious freedom and preventing government from discriminating against religious organizations and individuals.

If confirmed, the new justice could help sway a case that could be a landmark in American education, paving the way for public funds to go to private schools.

Image via RNS/Adelle Banks

When President Obama signed a newly strengthened international religious freedom act on Dec. 16, the intention was to protect religious believers around the world.

But the freshly signed act is being heralded by some legal scholars as a different milestone — for the first time, atheists and other nonreligious persons are explicitly named as a class protected by the law.

Image via RNS/St. Elizabeth's Episcopal Church in Honolulu

“That’s why we really want to shift, and that’s our next goal if we can find a parcel,” said Fernandez, a member of the Roman Catholic Sisters of Mercy. “The owner, along with some of the neighbors, would work with Interfaith to say: ‘This is a religious right to take care of our homeless people.’”

 

Heidi Hall 5-01-2015
United Fellowship Center in suburban Madison, Tenn. Image via Heidi Hall/RNS.

United Fellowship Center in suburban Madison, Tenn. Image via Heidi Hall/RNS.

Goodpasture Christian School sits on a sprawling, bucolic campus seven miles north of downtown Nashville, where 900 students ready themselves for adult lives of college, career, and loving the Lord.

Right next door sits the United Fellowship Center, a planned church where adults will ready themselves to have sex with each other after enjoying a little BYOB togetherness.

It’s the newest incarnation of The Social Club, a whispered-about swingers club in downtown Nashville that left for the suburbs when a building boom took its parking lot. The community went bonkers after zoning hearings revealed the club’s plans to relocate in a former medical office building in Madison — adjacent to Goodpasture and within a mile of an Assemblies of God megachurch.

After months of debate, an emergency city zoning amendment and a state law designed to stop the relocation, the club’s attorney made an announcement: The Social Club would open in its new location as a church.

Protection via the First Amendment effectively silenced zoning complaints — for now. But it sparked conversations about what it means for a secular organization suddenly to label itself a church, and religious scholars seem no more ready to plunge into that debate than American courts have proved to be.

“When I see this case, I do roll my eyes, but I also know Protestant Christians in America don’t own 'church,'” said Kutter Callaway, assistant professor of theology and culture at Fuller Theological Seminary in Pasadena, Calif.

Young man pledging allegiance. Photo via Lolostock/Shuttershock.

Sit down and shut up.

That’s the message of a campaign launched Sept. 8 by the American Humanist Association, asking Americans to refrain from standing and reciting the Pledge of Allegiance until Congress removes the phrase “under God.”

The 29,000-member humanist activist group, which also advocates on First Amendment issues, holds that the phrase “under God” is an unconstitutional establishment of religion.

“Until the Pledge is restored to its inclusive version, we can take it upon ourselves to refuse to participate in what’s become a discriminatory exercise,” the campaign’s website, Don’t Say the Pledge, says. It also describes the current pledge as “twisted, with divisive religious language that implies true patriots must be believers.”

A group of student involved with InterVarsity Christian Fellowship. Photo courtesy of Sonoma State Star/RNS.

A well-established international Christian student group is being denied recognition at almost two dozen California college campuses because it requires leaders to adhere to Christian beliefs, effectively closing its leadership ranks to non-Christians and gays.

California State University, which has 23 campuses, is “de-recognizing” local chapters of InterVarsity Christian Fellowship, an evangelical Christian group with 860 chapters in the United States. The university system says InterVarsity’s leadership policy conflicts with its state-mandated nondiscrimination policy requiring membership and leadership in all official student groups be open to all.

“For an organization to be recognized, they must sign a general nondiscrimination policy,” said Mike Uhlencamp, director of public affairs for the California State University system. “We have engaged with (InterVarsity) for the better part of a year and informed them they would have to sign a general nondiscrimination statement. They have not.”

The Mount Soledad cross was installed on public land in San Diego in 1954. Creative Commons image by Jun Pinili

The decades-long battle over a cross erected on public land in California will drag out even longer now that the Supreme Court declined Monday to hear the case.

In the last full day of the current session, the court said the case must first go to the 9th U.S. Circuit Court of Appeals before the high court will consider it.

The conflict in Mount Soledad Memorial Association v. Trunk, is over a 43-foot cross that sits atop Mount Soledad on public land in San Diego. The cross was erected in the 1950s and has since become a veterans’ memorial.

Elmbrook Church was the site of multiple Elmbrook School District graduation ceremonies. Creative Commons image by Sergeantjoe.

The U.S. Supreme Court on Monday let stand a lower court ruling that a Wisconsin high school acted unconstitutionally when it held its graduation ceremonies in a local megachurch.

The case, Elmbrook School District. v. Doe, involved a high school in a suburb of Milwaukee that rented the nondenominational Elmbrook Church for its graduation exercises in 2009. In 2012, the Chicago-based 7th U.S. Circuit Court of Appeals called the event was “offensive” and “coercive.” The church’s banners, pamphlets, Bibles, and other religious materials remained in the sanctuary during the graduation.

As is their custom, the justices did not give a reason for declining to hear a challenge to the 7th Circuit ruling.

Monday’s decision may be a signal by the court that despite its approval of sectarian prayers at public meetings in the Town of Greece v. Galloway decision in May, it draws the line at exposing children to religious symbols when they have not choice about it.

David Silverman, president of American Atheists, at the Reason Rally on March 24, 2012. RNS photo by Tyrone Turner.

This week’s Supreme Court ruling allowing sectarian prayers at public meetings dealt a body blow to atheist organizations.

That was the assessment of David Silverman, president of American Atheists, speaking Tuesday to a group of nonbelievers at Stanford University. He then described a scenario that may raise eyebrows among some atheists: working with religious groups to fight against the ruling.

“That’s what we have to do, not only organize the atheists, but the Satanists, the Scientologists,” he said. In a conversation before his talk, he added Muslims, Jews, and Hindus. “We as atheists have the responsibility to urge them and push them and get them in there to get their prayers” said at public meetings.

That’s a change for a man who has famously described religion as a “poison.” And it is emblematic, observers say, of the change that may result from the majority opinion in Greece v. Galloway, which found that prayers citing “the blood sacrifice of Jesus Christ” are permissible before government business.

Other secularists are likewise convinced that now is the time for atheists to join forces with members of minority faiths.

Demonstrators hold signs in front of the Supreme Court on Nov. 6, 2013 during oral arguments of Greece v. Galloway. RNS photo

On Monday, the U.S. Supreme Court ruled that a city, town, or county could open its regular meetings with a sectarian (that is, Christian) prayer without violating the First Amendment’s Establishment Clause. Not unexpectedly, the much-anticipated Town of Greece v. Galloway decision split the court 5-4. It is, for that and other reasons, a less than satisfying decision.

The essence of the opinion is that if ministers are asked to give an invocation to establish a serious and contemplative tone at official functions (whether a congressional session or town board meeting), it does not matter if prayers are consistently Christian (or Jewish or Muslim). So long as the government does not control the prayers’ content, is nondiscriminatory in choosing who may pray (even atheists would have an equal opportunity to open meetings), and does not mandate that people attend or participate in prayers or penalize those who do not, the prayers may continue.
AR-15 front combat site, Artifexx / Shutterstock.com

AR-15 front combat site, Artifexx / Shutterstock.com

During the Crusades, conversion by the sword was a common practice. Today, it’s conversion by the bullet.

A growing trend in evangelism among some more conservative churches is to promise people a gun in exchange for attendance.

Some more prominent examples from the past few weeks: In Kentucky, several churches are hosting “Second Amendment Celebrations,” which feature a steak-and-potatoes dinner followed by a conversion sermon preached by a former pastor, outdoor TV host, and gun enthusiast. Attendees are promised the chance to win a firearm in exchange for showing up and staying to the end of the event. In New York, one church is planning to end its Sunday worship service with a raffle for a free AR-15 to honor “hunters and gun owners who have been so viciously attacked by the anti-Christian socialist media and antichristian socialist politicians the last few years.”

The organizers of these events claim they’re an effective way to bring people to Christ. By uniting gun culture with Christianity, they’re reaching out to an unchurched population to lead them to salvation.

Tom Ehrich 3-04-2014

The U.S. Constitution with an American flag. Photo courtesy of Mark Hayes via Shutterstock

Conservative Christians are claiming that their religious freedom requires free rein for legalized discrimination.

That’s a clever argument. It seems to claim the moral high ground, to align itself with basic constitutional principles, and to put bigots in the victim role.

The argument is utter nonsense, of course. Freedom of belief has nothing to do with compelling other people to bow to that belief. If anything, freedom of belief should lead to a broad umbrella of diversity, not a parched patch of prejudice.

The First Amendment to the Constitution, after all, sought to guarantee freedom — of religion, speech, the press, assembly, and petitioning the government — not to grant freedom to some and not others, depending on the whims of the powerful or pious.

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