July 24, 2008

Coverage of 4th Circuit Prayer Decision

My post covering the decision of the 4th Circuit, upholding the right of the Fredericksburg, VA City Council to limit its opening prayers to nondenominational expressions, is here. Other news coverage is coming in:

Associated Baptist Press' Rob Marus has a report here.

The Washington Post confirms that Rev. Turner, the plaintiff, plans to appeal to the Supreme Court.

UPI frames the ruling as a "setback", and terms the prayer dispute a "hassle", and describes the plaintiff's suit as arguing "that prayers aren't government speech". Sigh. Of course, prayers generally aren't government speech. But - for better or for worse - sometimes they are, like when they are offered by an elected official serving in his official capacity, praying as a part of the meeting's agenda.

Fredericksburg's own Free Lance-Star has a report here. The AP's coverage is here.

People for the American Way offered a press release here.

Posted by Don Byrd at 05:04 PM | | TrackBacks (0)

Fourth Circuit Upholds City Council's Ban on Sectarian Prayer to Open Meetings

Wow, a big day for appellate church-state decisions yesterday. Not only did the 10th Circuit release its decision on public scholarships going to "pervasively sectarian" schools (my post, including excerpts from the ruling, is below), but the Fourth Circuit also decided an important case involving ceremonial prayer in government meetings.

The Fredericksburg, VA's City Council instituted a rule that opening prayers must be nondenominational in deference to the First Amendment's prohibition on government-sponsored religious preference. Ruling on a councilman's challenge, the Fourth Circuit determined that "because the prayers at issue here are government speech", the ban is indeed constitutional, and does not violate the plaintiff's free speech or free exercise rights. The decision paves the way, some believe, for the Supreme Court to step into this controversial debate. The Richmond Times Dispatch reports:

"I always figured this is a case the Supreme Court will have to hear," said John W. Whitehead, president of the Charlottesville-based civil-liberties group The Rutherford Institute, which represented Councilman Hashmel C. Turner Jr.
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Kent Willis, executive director of ACLU of Virginia, which prodded the council to ban sectarian prayer, called yesterday's ruling "a victory for religious freedom. Precedent is pretty clear: Government prayer cannot show a preference for one religion over another."

But Whitehead said the council's policy and the appeals court's sanctioning of it, "extinguishes" Turner's freedom of speech.

The decision was written by Justice Sandra Day O'Connor (who also sat on the panel that decided the Iowa prison ministry case earlier this year). The most powerful statement, from my reading, is her assertion that the plaintiff was not required to pray "on behalf of the government", but was merely offered the opportunity to do so. In that context, she says, the Council was within its rights to limit that official speech.

You can read the decision here, or better yet, skip down to the extended entry where I've posted the highlights.

Continue reading "Fourth Circuit Upholds City Council's Ban on Sectarian Prayer to Open Meetings" »

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July 23, 2008

Tenth Circuit Rules Colorado Scholarships Must Include "Pervasively Sectarian" Schools

The Tenth Circuit today added another layer to the puzzle concerning state funding of religious institutions. The case involves a scholarship program in Colorado which, state law had specified, may not be used for "pervasively sectarian" colleges and universities. Originally, this provision was inserted to protect the state from challenges that it was aiding religion, but recent Supreme Court decisions have altered this landscape, determining that states are not *required* to exclude such institutions from funding programs.

Colorado Christian University filed suit, claiming the state is not even *allowed* to leave them out of the scholarship initiative on this basis. The state countered that the Supreme Court's decision in Locke v. Davey - which supported the state's right to refuse public scholarships for a major in devotional theology - does allow them to make such a determination. Today's ruling sides with Colorado Christian University, overturning the district court, and adding more ammunition to those who would argue that "pervasively sectarian" may no longer be a standard by which states are allowed to deny public funds.

The decision offered two, related arguments: 1) The standard unconstitutionally distinguishes between religions in determining some - like CCU - to be "pervasively sectarian" - and others like the Roman Catholic Regis University not to be, and 2) The method by which those distinctions are made unconstitutionally entangles the state in investigating matters of religious doctrine on which it is not allowed to have an opinion.

What's more exciting than highlights from an appellate panel ruling?!? Read on in the extended entry for excerpts. Or you can read the entire decision yourself here.

Continue reading "Tenth Circuit Rules Colorado Scholarships Must Include "Pervasively Sectarian" Schools" »

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New Religious Discrimination Guidelines from EEOC

The arm of the government that investigates employment discrimination claims has updated its guidance for religious diversity in the work place. Thanks to Religion Clause for directing me to this Business Week story with the news.

Last year, there were about 2,900 religious discrimination filings with the EEOC, up 13 percent from 2006 and double the number in 1992. Religious discrimination charges remain a relatively small slice of the total discrimination charges handled by the EEOC, however.

Taking time off for religious holidays and adherence to dress codes are common points of confusion, [EEOC spokesman David] Grinberg said.

"There was a clamor for more information," Grinberg said. "This is a one-stop source for employers that have questions or need help."

You can read the document here.

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HR 6514

While I'm mentioning legislation that has been introduced in Congress (see post below), Stars and Stripes points to a new bill introduced by Rep. Walter Jones (R-NC) last week. HR 6514 would allow military chaplains to offer sectarian prayers at events outside of religious services. Currently chaplain guidelines limit them to more inclusive ceremonial prayers, in deference to the religious liberty of the diverse military personnel that may be required to attend.

The bill has been referred to the House Committee on Armed Services.

Posted by Don Byrd at 03:56 AM | | TrackBacks (0)

July 22, 2008

HR 6146

Ed Brayton writes about pending freedom of speech legislation (HR 6146) that would "prohibit recognition and enforcement of foreign defamation judgments."

Many international laws and UN resolutions being considered set out to protect religion, but they have a chilling effect on free speech, and make treacherous the path of calling out one religious viewpoint in the name of another. This bill would keep state and federal courts in the U.S. from enforcing any such finding of "defamation" by a foreign court.

The Becket Fund is also calling on presidential candidates to support this bill.

Posted by Don Byrd at 03:21 PM | | TrackBacks (0)

Presidential Forum in Church Raises Concern

Writing at the Huffington Post, former Rhode Island Senator Lincoln Chafee evokes the memory of Roger Williams to express his unease with McCain and Obama's upcoming forum to be held in a California church.

The two presidential candidates have been careful to have their megachurch forum co-sponsored by Faith in Religious Life, which is a multidenominational group. But this Rhode Islander still has concerns. Will Senators Obama and McCain appear on stage together at a political event surrounded by symbols of one religion?

Posted by Don Byrd at 09:48 AM | | TrackBacks (0)

Texas' Vague Guidelines

The Austin American-Statesman weighs in on Texas' impending Bible class fiasco:

The standards the board approved last Friday only stress critical thinking, communication, problem solving and decision-making skills.

How will those vague guidelines play out in more than a thousand Texas school districts? In every possible way. Bible study will be a cats-and-dogs course with untrained teachers drifting, or marching, into unconstitutional territory with regularity.

We expect to see numerous state school districts in court — and paying hefty legal bills with taxpayers' money — because their Bible courses promote Protestant Christianity over other religions. It will be impossible for some teachers to use the Bible in teaching without proselytizing.

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July 21, 2008

McCain, Obama to Discuss Compassion, Faith at Mega-Church [UPDATED]

Pastor Rick Warren was successful in getting both presidential candidates to agree to appear together at a forum in his Saddleback Church in California. The LATimes has more:

The topic of the forum will be "compassion and leadership." A recorded phone message at the church said that Warren "will ask questions that don't often come up in political campaigns."

Though Warren could not be reached for comment because he is out of the country, Kelley said he will most likely focus his questions on how each candidate arrives at his decisions, where they go for counsel and how they view issues of faith.

The danger, of course, is that a forum like this will degenerate into a theological discussion or a comparison of McCain and Obama's religious beliefs. That would be an unfortunate, even inappropriate set of questions for candidates to an office that is to have "no religious test." You will remember CNN's "compassion forum" held earlier in the year that at points went too far in that direction.

It is certainly ok to ask candidates their policy views on a range of issues, and to discuss the role their personal faith may have in shaping their governing philosophies. But it would be a mistake in my view to: a) hone in on a narrow set of issues falsely believed to encompass the concerns of religious voters, or b) presume that certain religious beliefs necessitate certain political views, or c) investigate the specific personal religious views of the candidates.

Warren will interview each candidate for an hour, with some time in between featuring both on stage together, on August 16.

[UPDATE: A NYTimes story on this event is here.]

Posted by Don Byrd at 05:37 PM | | TrackBacks (0)

More on Obama's Faith-Based Proposal and Hiring Rights

Today's Washington Post carries an editorial on Barack Obama's proposal for an overhaul of the Bush Administration's Faith-Based Initiative, including a commitment supporting the principle that public funds should not be used to discriminate in hiring.

As a practical matter, this is not the huge obstacle that proponents of laxer rules conjure up. Most would-be employees who don't share the outlook of faith-based groups won't want to work for them anyway. Most faith-based groups that take federal funds have managed to thrive for years without discriminating in their hiring. Groups that believe hiring only members of their own faith is essential to their social service mission would remain free to do so as long as they do not take federal funds.

Posted by Don Byrd at 04:39 PM | | TrackBacks (0)

UPDATE: Texas Bible Course Approved With Minimal Standards

On Friday, the Texas Board of Education gave final approval to proceed with a Bible course in high schools beginning in the 2009-2010 school year. The Houston Chronicle explains the difficulties they are inviting:

Local school districts got a green light Friday to offer high school students an elective Bible course without the specific state standards that some contend are necessary to guide well-intentioned teachers from straying into religious proselytizing.
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"I predict we're headed for a constitutional train wreck," said Mark Chancey, chairman of the religious studies department at Southern Methodist University. "The people who suffer will be the educators and the students, and the people who will foot the bill will be us the taxpayers."

Public school Bible classes can be wonderfully enriching, he said, but teachers need resources and specific guidelines.

"Instead, the state board of education is sending them into a minefield without a map," Chancey said.

Want to catch up? Below are my earlier posts on this bill:

7/14 - Texas Education Board Under Fire
7/9 - Texas AG Opinion on State Bible Curriculum Solves...Little
3/31 - Texas Board of Education Leaves Bible Curriculum Wide Open
3/28 - Texas Subcommittee Approves Bible Curriculum
5/24 ('07) - TX Senate Sends Bible Course Bill to Governor With House Safeguards
5/9 ('07) - TX House Moves Bible Class Bill Forward With Protections
4/20 ('07) - Texas Bible Course Law Toned Down in Committee
4/4 ('07) - Statewide Bible Classes Proposed in Texas

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July 18, 2008

Kentucky Baptist Homes Sued for Proselytizing, Discriminating, with Public Funds

Americans United and the ACLU filed suit against Kentucky Baptist Homes.

The lawsuit, Pedreira v. Kentucky Baptist Homes For Children, Inc., asserts that Kentucky Baptist Homes has no right to accept public funding while imposing religious dogma on the children in its programs, and that the Homes’ religion-based anti-gay employment policy violates civil rights laws.
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A federal district court dismissed the case earlier this year, ruling that the plaintiffs do not have legal standing to bring it. Americans United and the ACLU have asked the 6th U.S. Circuit Court of Appeals to reinstate the case and strike down public funding for Kentucky Baptist Homes.

Posted by Don Byrd at 04:01 PM | | TrackBacks (0)

Being Baptist: Separation of Church and State, and the Golden Rule

Rev. Michael Helms of Moultrie, GA has some words of Baptist wisdom in today's Moultrie Observer.

Separation of church and state, in part, is about making sure that the majority does not use the state to force its religious views on the minority. Baptists embraced this concept during their days as a minority, and today, we as Baptists and other Christians ought not to forget this concept now that we have numbers and money in our corner.

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Colorado Group Moving Toward School Prayer Ballot Initiative

From the Denver Post:

Bishop Kevin Foreman and his 2-year-old Final Harvest Christian Center received state approval Wednesday for a petition asking voters whether Colorado statutes should be changed to provide students five minutes for private meditation at the beginning of each school day.
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The Colorado secretary of state's office confirmed Thursday that the petition had been approved for circulation.

Final Harvest Deacon Tiffinay Dawson said church members will be working hard to collect 120,000 signatures to secure the requisite 76,000 by Aug. 4 for a ballot spot in November.

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