Massachusetts Court Hears “Under God” Argument

Written by Don Byrd
The Supreme Court of Massachussetts heard arguments yesterday over the Pledge of Allegiance recitation in public schools. Specifically, the parents who brought the suit object to their children being “indoctrinated” daily in a religious expression through the phrase “under God.” Participation is of course voluntary, but they argue that isn’t protection enough.

Religion News Service reports on the argument.

1st Circuit: Subjecting Church to Historic Zoning Process is Not RLUIPA Violation

Written by Don Byrd
The 1st Circuit Court of Appeals yesterday ruled the religious liberty rights of the Roman Catholic Bishop of Springfield, Massachusetts (RCB) are not violated by the requirement that the Springfield Historical Commission (SHC) be consulted prior to any change in the structure of the building of a church recently closed by the Diocese. The Church argued that the requirement “gives the SHC veto power over its religious decisionmaking, and in doing so violates its First Amendment rights to free speech and free exercise of religion.” The Court, however, found the burden on the Church was not yet substantial enough as required by the Religious Land Use and Institutionalized Persons Act (RLUIPA) to trigger an exemption or accommodation from historical zoning regulations.

50 Years Later, Courage Like Schempp’s Still Needed

Written by Don Byrd
Yesterday marked the 50th anniversary of the U.S. Supreme Court’s decision in Abington v. Schempp, in which the practice of required Bible readings to begin the public school day was ruled unconstitutional. Then-16-year-old Ellery Schempp staged a protest of the requirement and refused to back down to school officials, ultimately filing suit over the dispute. Schempp and his family received threats but stayed with the case, ultimately a win for the religious liberty of all of us.