Ruling on Ministers: What the Supreme Court said & didn’t say | Oregon Faith Report
Excerpt: The U.S. Supreme Court in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, held that the “ministerial exception” bars a school teacher from bringing employment discrimination claims against her religious employer. The Court’s ruling clearly grants religious institutions the freedom to employ (and terminate) employees who act as ministers of their faith. Yet the Court’s decision does not clearly delineate how a religious organization (or their employees) determines who is and who is not a “minister.”
10th Circuit Rules Oklahoma Amendment Barring Islamic Law was Unnecessary and Discriminatory
OKLAHOMA –The 10th U.S. Circuit Court of Appeals has upheld a lower court’s ruling that blocked the implementation of the “Save Our State” amendment. The amendment, approved by 70 percent of Oklahoma voters in 2010, barred “Islamic law” in the state, even though there was no movement to impose sharia law in Oklahoma.
Judge Scott M. Matheson wrote on behalf of the unanimous court, “Appellants do not identify any actual problem the challenged amendment seeks to solve. Indeed, they admitted at the preliminary injunction hearing that they did not know of even a single instance where an Oklahoma court had applied Sharia law or used the legal precepts of other nations or cultures, let alone that such applications or uses has resulted in concrete problems in Okalahoma.” (Awad v. Ziriax).
Larson test a Gateway to Addressing Laws that Discriminate Between Religions
The 10th Circuit also applied the Larson test as a gateway to the Lemon test. While the Lemon test Lemon v. Kurtzman, 403 U.S. 602 (1971) applied to “laws affording uniform benefit to all religions, and not to provisions…that discriminate among religions,” in Larson v. Valente, 456 U.S. 228, 255 (1982), the Supreme Court ruled that if a law discriminated between religions, it could survive only if it is “closely fitted to the furtherance of any compelling interest asserted.”
In the case of California Christian Univ. v. Weaver, 534 F.3d 1245 (10th Cir. 2008), the 10th Circuit had described Larson, “The First Amendment mandates governmental neutrality between religion and religion …. The State may not adopt programs or practices…which aid or oppose any religion….. This prohibition is absolute.” Larson, 456 U.S. at 246.
Proponents of the Oklahoma amendment had argued that Larson was no longer good law because it is used infrequently, but the 10th Circuit ruled that the Supreme Court had never overturned it, and stated that this rarity “likely reflects that legislatures seldom pass laws that make ‘explicit and deliberate distinctions between different religious organizations’ as contemplated in Larson.”
In fact, the Supreme Court had referenced the rarity of this type of case in Church of the Lukimi Babalu Aye, Inc., v. City of Hileah, 508 U.S. 520 (1993)(“The principle that government may not enact laws that suppress religious belief or practice is so well understood that few violations are recorded in our opinions.”)
The Larson case facts were mild compared to the facts of Oklahoma amendment case. In the Larson case, a Minnesota statute imposed certain registration and reporting requirements on religious organizations that solicited more than 50 percent of their funds from non-members. No specific religious group was identified. But the Oklahoma statute specifically targeted Islam, and was defined in these terms: “Sharia Law is Islamic Law. It is based on two principle sources, the Koran and the teachings of Mohammed.” (SQ 755).
The Oklahoma amendment further instructed the courts to “uphold and adhere to … if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions.” The law did not prohibit Oklahoma courts from upholding laws of any other religion. The Oklahoma amendment also included language that Oklahoma “courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law.”
Because of the lack of Sharia law in Oklahoma, the Court ruled that the harm that the amendment would remedy was “speculative at best and cannot support a compelling interest.” Further, the court said that there was no way to tell whether the amendment would solve any Sharia law problem since “one cannot try on a glove to see if it fits when the glove is missing.”
The Court further found that Muneer Awad, a Muslim who had filed the case, would suffer irreparable injury without the injunction. The court applied on the principle that “[w]hen an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.” Kikumara v. Hurley, 242 F.3d 950. The 10th Circuit also noted that although states can legislate in certain areas (including ballot initiatives), “these granted powers are always subject to the limitation that they may not be exercised in a way that violates other specific provisions of the Constitution.”
The full decision is available here: http://www.ca10.uscourts.gov/opinions/10/10-6273.pdf
CONCLUSION: Certainly, if Islamic law had been imposed, it would be a violation of the Establishment Clause. But without that even being at issue, the Amendment became an excuse to marginalize a religious group.
Adventist church leaders meet with Hungarian ambassador on looming deregistration of churches
Religious liberty leaders of the Seventh-day Adventist Church this week met the Hungarian ambassador to the United States in an effort to help officials from that country better understand the potential effects of a looming deregistration of churches.
The Law of Churches, set for implementation on January 1, would deregister all but 14 religious denominations in Hungary, including the Adventist Church. It could also potentially affect the church’s theological seminary.
Hungarian Ambassador to the United States, Gyorgy Szapary, met with officials from the Adventist Church’s Public Affairs and Religious Liberty department on December 12 at the Hungarian embassy in Washington, D.C. While the law is still set for implementation, Adventist representatives later described the meeting as “cordial” and “productive.”
“We expressed our deep concerns to Ambassador Szapary about Hungary’s recently passed ‘Law on Churches’ and its impact, not just on the Adventist Church, but on many other minority religions as well,” said Dwayne Leslie, the Adventist Church’s director of legislative affairs. Leslie represented the Adventist Church at the meeting along with Ganoune Diop, the church’s representative to the United Nations.
Diop and Leslie provided the ambassador with an overview of the international denomination and the history and scope of the Adventist presence in Hungary. They also explained the potential impact on the Adventist Theological Seminary in Pécel, near Budapest, which serves 66 students.
Adventist Education officials have previously said the seminary is key for providing theological and counseling education in the Hungarian language and cultural context. “Although it’s small, the seminary meets the needs of the church in Hungary for pastors and theologians, as well as for life style and family life counselors,” said Mike Lekic, an associate Education director for the Adventist Church.
Following Monday’s meeting, Diop said the ambassador was gracious and receptive to the issues presented by the Adventist Church. “The meeting provided an excellent opportunity for dialogue — we stated our concerns clearly, and heard the perspective of the Hungarian government,” he said.
When the new law, voted in July, goes into effect next month, it will strip all but 14 “historic” religions of their legal status. Minority religions must then apply to the Hungarian parliament for re-registration.
Since the legislation was passed, Hungary has maintained that the move was not “anti-religion,” but rather a legislative means to root out fraudulent organizations operating behind the protection of religion.
Religious liberty advocates worldwide, however, have decried the law, calling it unnecessary state interference with religion and a setback for human rights in Hungary. More than 300 groups are set to lose their registration, including Hungary’s Methodists, Unitarians, a number of Islamic communities, and many smaller Protestant and evangelical churches.
In November, Diop and John Graz, PARL director for the Adventist world church, met in New York with Hungary’s ambassador to the United Nations to express the church’s concerns about the potential plight not just of Adventists, but of other religious groups in Hungary that will be affected by the new law.
Leslie and Diop said the Public Affairs and Religious Liberty department will continue to monitor the situation in Hungary and will provide any assistance requested by local church leaders.
New York Attorney General Launches Religious Rights Initiative to Enforce Anti-discrimination Laws
(Media-Newswire.com) – NEW YORK – Attorney General Eric T. Schneiderman today announced the launch of the Religious Rights Initiative, a project of the office’s Civil Rights Bureau that will address religious rights issues and enforce anti-discrimination laws. The Religious Rights Initiative will target faith-based discrimination and violations of religious rights through public education, outreach and law enforcement, including litigation.
The Attorney General announced the launch of the Religious Rights Initiative in remarks before the Anti-Defamation League.
“Our state’s rich history of religious diversity is founded on our nation’s Bill of Rights and enshrined by laws that protect New Yorkers’ right to freely practice their faith,” Attorney General Schneiderman said. “The Religious Rights Initiative will focus on violations of this fundamental freedom, ensure that religious rights are protected, and work with communities throughout the state to foster and promote religious tolerance.”
The Religious Rights Initiative will lead a public education and outreach campaign to help inform communities around the state about the requirements of the state’s anti-discrimination laws. The campaign will also advance the Civil Rights Bureau’s enforcement efforts, combat religious discrimination through litigation and advocacy, and promote the process for filing religious discrimination complaints.
As part of the Initiative, the Attorney General’s office will release a series of “Know Your Rights” publications to outline strategies to both address and prevent religious discrimination in a variety of settings and circumstances. The first publication, “Religious Rights in the Workplace,” outlines the practical application of federal and state laws that protect religious freedom and prohibit religious discrimination. A resource for employees and employers, the pamphlet provides guidance concerning requests for religious accommodation in the workplace for days of religious observance, among other issues.
With the number of religious discrimination claims filed with the federal government having more than doubled since 1997, this new initiative reflects Attorney General Schneiderman’s commitment to religious freedom and fulfills his pledge to combat and prevent religious discrimination.
New Yorkers are encouraged to visit the Religious Rights Initiative website for more information, or to report a potential violation at http://www.ag.ny.gov/religiousrights. Violations may also be reported by contacting the Religious Rights Initiative in the Civil Rights Bureau at ( 212 ) 416-8250 or ( 800 ) 771-7755.
The Religious Rights Initiative is being handled by Assistant Attorney General Kayla Gassmann and Director of Community Affairs and Engagement for Religious Rights Alyson Spindell under the supervision of Spencer Freedman, Director of the Religious Rights Initiative and Chief Counsel for Civil Rights, and Civil Rights Bureau Chief Kristen Clarke.
Ron Meier, New York Regional Director of the Anti-Defamation League, said: “We welcome Attorney General Schneiderman’s commitment to safeguarding the religious liberty of all New Yorkers. His new ‘Religious Rights Initiative’ is important and timely. We applaud his leadership in this area and look forward to working closely with him on this new effort.”
Richard E. Barnes, Executive Director of the New York State Catholic Conference, said: “As the representatives of the largest religious denomination in the state, issues of religious liberty and discrimination have always been in the forefront of our concerns, both as they relate to threats against individuals and institutions. Such threats have caused the Bishops of the United States to redouble their efforts in examining laws and regulations that support and foster such discrimination, and public policies that threaten religious liberty. We are grateful that Attorney General Schneiderman has undertaken this effort of enormous concern to all those who cherish the rights granted to Americans by our Constitution.”
Reverend A.R. Bernard, Senior Pastor of the Christian Cultural Center, said: “Our country is founded on certain freedoms, and the right to practice our faith is one we must protect. Attorney General Schneiderman’s Religious Rights Initiative will be a critical part of the work to educate communities, prevent discrimination, and promote understanding. I support the Attorney General in his effort against religious discrimination.”
Rev. Chloe Breyer, Executive Director of the Interfaith Center of New York, said: “This is a welcome and timely initiative. New Yorkers of so many faiths and traditions give so much to our state. The time has come for their rights to be respected.”
Dr. Lenny Caro, President & CEO for the Bronx Chamber of Commerce, said: “We commend Attorney General Schneiderman for his commitment to this issue. New York State is a melting pot of a multitude of religions. The Religious Rights Initiative will provide businesses and employees with the guidance needed to ensure that religious rights are respected in the workplace. This project is a crucial resource.”
Safia Hussain, President of the Muslim Bar Association of New York, said: “The protection of religious rights is a critical issue for the Muslim community in New York. Although Muslims are approximately two percent of the American population, anti-Muslim bias complaints account for twenty-five percent of the total number of complaints received by the EEOC in recent years. Muslim children remain the unfortunate target of bullying at school, and campaigns against the establishment of mosques continue to attack the rights of Muslims to freely practice their faith.”
Sapreet Kaur, Executive Director of the Sikh Coalition, said: “We wholeheartedly welcome the launch of Religious Rights Initiative. Sikh New Yorkers, like members of many faith communities, face many challenges to the full realization of their rights under our state and federal laws. Attorney General Schneiderman is to be commended for bringing focus and attention to these issues.”
Donna Lieberman, Executive Director of the New York Civil Liberties Union, said: “The right of religious freedom is fundamental, and it is therefore important for the Attorney General’s office to help the public understand the scope of what is often a complex issue.”
Todd McFarland, Associate General Counsel of the Seventh-day Adventist Church, said: “The Seventh-day Adventist Church applauds the New York Attorney General’s initiative being led by the Civil Rights Bureau. Religious freedom is our first freedom and is as important and relevant in today’s religiously pluralistic society as it was to our founding fathers. We look forward to assisting the Bureau in any way we can.”
Michael S. Miller, Executive Vice President and CEO of the Jewish Community Relations Council of New York, said: “Attorney General Schneiderman is creating a ’311′ to help people learn more about their religious rights in New York and a ’911′ hotline for New Yorkers denied appropriate religious accommodations in the workplace and other venues. We commend Attorney General Schneiderman on this initiative and his ongoing efforts to protect the religious rights of all New Yorkers.”
Zead Ramadan, President, Board of Directors of the Council on American Islamic Relations-NY, said: “We applaud the Attorney General for his bold new initiative to combat religious discrimination in New York State. As the nation’s largest Muslim civil rights group, dedicated to empowering the Muslim community, we look forward to working toward our common goals of ensuring religious freedom and preventing discrimination.”
http://media-newswire.com/release_1162315.html
Fifth Circuit approves prisoner’s religious right to receive publication
Today the US Fifth Circuit Court of Appeal, affirmed the U. S. District Court for the Western District of Louisiana’s ruling that the newspaper “The Final Call” cannot be censored or denied to a prisoner who has requested it as part of his religious practices
For more: http://www.katc.com/mobile/news/court-affirms-prisoner-religious-right
San Francisco Court Protects Religious Freedoms of Christian Homeless Shelter, Christian News
EXCERPT: The Ninth U.S. Circuit Court of Appeals in San Francisco has unanimously rejected a lawsuit filed by two people who sued the Boise Rescue Mission for insisting they take part in religious services.
Read the full article:
Germany, EU demand Iran to free pastor Nadarkhani | MF Monitor
EXCERPT: Germany, one of the few countries with diplomatic ties with Iran, has asked Iran to stay the execution of a pastor who refused to re-convert to Islam.
http://www.microfinancemonitor.com/2011/09/30/germany-eu-demand-iran-to-free-pastor-nadarkhani/
Iran Upholds Christian Pastor’s Apostasy Conviction: Execution as Early as Wednesday | American Center for Law and Justice ACLJ
EXCERPT: Just days after Iran released two Americans accused of spying in Iran, an Iranian court has upheld the apostasy conviction and execution sentence of Christian Pastor Youcef Nadarkhani. The 11th branch of Iran’s Gilan Provincial Court has determined that Pastor Nadarkhani has Islamic ancestry and therefore must recant his faith in Jesus Christ. Iran’s supreme court had previously ruled that the trial court must determine if Pastor Youcef had been a Muslim before converting to Christianity.
Read more at:
http://aclj.org/iran/iran-upholds-christian-pastor-apostasy-conviction-execution-wednesday
OC Couple Threatened With $500-Per-Meeting Fines For Home Bible Study « CBS Los Angeles
EXCERPT: An Orange County couple has been ordered to stop holding a Bible study in their home on the grounds that the meeting violates a city ordinance as a “church” and not as a private gathering.
Homeowners Chuck and Stephanie Fromm, of San Juan Capistrano, were fined $300 earlier this month for holding what city officials called “a regular gathering of more than three people”.
A Madman and His Manifesto (NYT)
EXCERPT: It passed with only scant notice, as with so many of the rude extremes of American life in a kinetic media age. The bodies of those Norwegian children slaughtered by a terrorist had yet to be fully recovered, let alone buried, when Glenn Beck compared the victims to Nazis.
The summer camp where children of the Norwegian Labor Party went for soccer, swimming, political debates and lectures “sounds a little like, you know, the Hitler Youth,” Beck said in his national radio broadcast.
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