America’s religious freedom robust, but tough challenges remain
Religious liberty is alive and well in the United States. A review of the news from 2011 confirms that America’s commitment to the freedom of religion, rooted in the institutional separation of church and state, remains the most robust in the world. Across the country, more people, from more diverse faith traditions, are exercising their religion with confidence, without fear of reprisal or persecution, and without government interference or competition.
The claim (advanced by many these days) that somehow a growing campaign of oppression by American courts or legislators threatens religious exercise generally, or Christianity in particular, is sorely mistaken! There is no better place on Earth to be a free person of faith than right here in America.
That being said, many policies and practices in our federal, state and local governments continue to create unnecessary barriers, demonstrate harmful bias, and just plain undermine important safeguards of religious liberty contained in our laws.
While the past year brought incredible upheaval along religious fault lines in many parts of the world, the most troubling developments in the United States were more subtle, as the Supreme Court chipped away at important constitutional protections, Congress demonstrated why it remains difficult to be Muslim in this country, and — like every year — some local governments and public school officials across the country continue to have a tough time letting go of their Christianity-promoting traditions. More than anything, 2011 showed that education and vigilance regarding our first freedom remains vital.
Read below the fold for a review of the top religious liberty stories of 2011 and a preview of what I’ll be watching for in 2012!
* Prayers at Forsyth County (N.C.) board meetings ruled unconstitutional
In July, the 4th U.S. Circuit Court of Appeals struck down a county commission’s invocation practice. Even though the policy allowed for clergy of any faith to deliver the opening prayer, the majority found that in practice the prayers were promoting Christianity. As the Baptist Joint Committee argued in a brief filed with the court, the only legal way to open government meetings with prayer is to insist they remain inclusive and non-sectarian. More recently, the Forsyth County Board of Commissioners voted to file a petition with the U.S. Supreme Court. A decision from the Court on whether to take the case could be coming soon.
* U.S. Supreme Court disallows taxpayer challenge to Arizona tax credit
A closely divided court ruled in April that Arizona taxpayers do not have standing to sue over a state program which allows any individual to direct up to $500 of his or her state income tax bill to a state tuition organization, which then provides scholarships to private schools, including religious schools. In a dissenting opinion, Justice Elena Kagan said the ruling breaks with more than 50 years of court precedent.
* Egypt erupts
The defiant Arab Spring protests leading to the end of the Mubarak regime were marked by a unified Egyptian voice, with reports of Christians and Muslims literally hand-in-hand demanding freedom and democracy. But in recent months, that solidarity has cracked. Violence against the Coptic Christians and concerns over potentially weak religious liberty protections in a new constitution have turned this uplifting story into one of high anxiety for many religious minorities. The U.S. Commission on International Religious Freedom even named Egypt to its list of worst violators of religious liberty this year. In many ways, Egypt’s struggle with religious strife paints the clearest picture yet of the power of church-state separation and the courage it takes to recognize that faith is better served without government’s support than with it. Hopefully, in the months to come, decision-makers in Egypt will choose the side of protection for the religious freedoms of all its people.
* White House kicks the can on government-funded religious discrimination policy
Ever since President Obama was inaugurated, his administration has fallen short of promises to undo Bush administration regulations that allowed religious discrimination in hiring by faith-based organizations using federal money. This year, as last year, church-state advocates — including the BJC — have urged President Obama to clarify his position and implement effective safeguards. This year, as last year, the administration has mostly dodged the issue. Most recently, the BJC and others requested documents from the Obama Administration pertaining to the hiring discrimination issue.
* Congressional committee puts Islam on trial
Rep. Peter King, R-N.Y., dragged the nation through a highly publicized, painful committee hearing in March about the apparent dangers of Islamic extremism in America. Chairman King resisted the call from many, including the BJC’s Brent Walker, to broaden the topic and not focus solely on one faith. A powerful statement from Walker and other religious leaders said it well: “To assert that Muslims as a broad group are not deeply devoted to America’s safety and the peaceful interaction of its entire citizenry — that is false witness.”
* Supreme Court says states that violate inmates’ religious freedom rights are not subject to monetary damages
In what sounds at first like a pretty technical decision, the U.S. Supreme Court significantly undermined the religious freedom rights of prisoners. In a 6-2 vote back in April, the Court said the Religious Land Use and Institutionalized Persons Act (RLUIPA), which protects inmates from unjustified religious restrictions, does not allow victims to seek damages from the state. The BJC expressed disappointment that the Court had failed to allow a “robust remedy” for such religious freedom violations.
* New York church’s use of public school for Sunday services ruled unconstitutional
In a controversial ruling that many believed would ultimately be taken up by the Supreme Court, a federal appeals court struck down the Bronx Household of Faith’s arrangement with a New York grade school for use of the facilities for Sunday church services. The 2nd U.S. Circuit Court of Appeals said if the church was meeting there merely to discuss religion, then access to the school facilities would be appropriate; however, since they insisted upon “worshipping” there, use of the school gives an improper impression of endorsement of the church. The BJC has generally supported the equal access principle that if the school chooses to open its doors to outside groups, it may not treat religion differently than any other group. The Supreme Court surprised by denying the petition in December, leaving the 2nd Circuit’s ruling in place.
* Presidential politics mixes poorly with religion
The Republican presidential primary has been in full swing for much of 2011, and there have already been plenty of examples of improper appeals to religious preference, religious bias and religious ignorance. Herman Cain said he would put Muslim-Americans through a special screening process before considering them for a government appointment; Newt Gingrich said if you don’t pray you can’t be trusted with power; Rick Santorum said President John F. Kennedy’s famous embrace of church-state separation was a “radical” statement that did “great damage”; Rick Perry asserted approvingly, and wrongly, that Texas schools teach creationism alongside evolution; and Mitt Romney has been on the defensive about his Mormonism after a prominent Baptist supporter of Perry’s suggested the faith was reason to vote against him.
Tying a Bow on 2011
If there is any trend I would pull out from this year’s stories, it’s the growing gap between religious liberty reality and the religious liberty rhetoric of many of our elected officials. When they are not actively trying to frighten us into believing that church-state separation places Christianity in jeopardy, many government representatives are simply flaunting current law to implement policies with short-range popular appeal and the long-range prospect of costly litigation and likely defeat. Looking forward, I hope we can stay focused on the true barriers to religious freedom. If last year is any indication, misdirection may be the biggest enemy to our efforts at education and advocacy on behalf of religious liberty for all Americans.
2012: Looking forward
The upcoming year will be an incredibly important, potentially turbulent one for the cause of religious liberty, not just here at home but around the world. Here are just a few of the stories and decisions I’ll be watching:
* Will a judge strike down a ballot referendum threatening to reverse Florida’s “No aid to religion” provision? If not, will Floridians vote it down?
* How will the Supreme Court rule in Hosanna-Tabor, a case they heard this year asking them to define the scope of the ministerial exception to employment discrimination laws? Some advocates are referring to that case as one of the most important church-state cases to come along in many years.
*Will the Supreme Court take up the Forsyth County government invocation case? My crystal ball says no, but then again I thought they would say yes to Bronx Household. We will know soon.
* Will the 10th U.S. Circuit Court of Appeals rule Oklahoma’s anti-Sharia amendment unconstitutional like the trial court judge did? The BJC brief in this case argues the amendment violates the Establishment Clause.
* Will this be the year the Workplace Religious Freedom Act becomes law? (Hint: I ask this every year.)
* It’s a presidential election year. Will candidates show good judgment and refrain from religious exploitation, religion-based fearmongering, pulpit endorsements … oh, nevermind. I think we know the answer to that.
Either way, I will be following it all. Bookmark the BJC blog (www.BJConline.org/blog) and follow me on Twitter (@BJCblog) to keep up! You can always send me tips, questions or comments at [email protected].
