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	<title>Religious Liberty - ReligiousLiberty.TV &#187; Civil Rights</title>
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	<description>Religious liberty and freedom of conscience</description>
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		<title>Ruling on Ministers: What the Supreme Court said &amp; didn’t say &#124; Oregon Faith Report</title>
		<link>http://religiousliberty.tv/ruling-on-ministers-what-the-supreme-court-said-didnt-say-oregon-faith-report.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=ruling-on-ministers-what-the-supreme-court-said-didnt-say-oregon-faith-report</link>
		<comments>http://religiousliberty.tv/ruling-on-ministers-what-the-supreme-court-said-didnt-say-oregon-faith-report.html#comments</comments>
		<pubDate>Mon, 23 Jan 2012 17:07:02 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Current Events]]></category>
		<category><![CDATA[Discrimination]]></category>
		<category><![CDATA[Employment Law]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[Supreme Court]]></category>
		<category><![CDATA[eeoc]]></category>
		<category><![CDATA[Hosanna-Tabor]]></category>
		<category><![CDATA[ministerial exception]]></category>

		<guid isPermaLink="false">http://religiousliberty.tv/?p=4022</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.” </p>
<p><a href="http://oregonfaithreport.com/2012/01/ruling-on-ministers-what-the-supreme-court-said-and-did-not-say/">http://oregonfaithreport.com/2012/01/ruling-on-ministers-what-the-supreme-court-said-and-did-not-say/</a></p>
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		<title>10th Circuit Rules Oklahoma Amendment Barring Islamic Law was Unnecessary and Discriminatory</title>
		<link>http://religiousliberty.tv/10th-circuit-rules-oklahoma-amendment-barring-islamic-law-was-unnecessary-and-discriminatory.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=10th-circuit-rules-oklahoma-amendment-barring-islamic-law-was-unnecessary-and-discriminatory</link>
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		<pubDate>Wed, 11 Jan 2012 17:03:07 +0000</pubDate>
		<dc:creator>Michael Peabody</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Current Events]]></category>
		<category><![CDATA[Discrimination]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Religion]]></category>
		<category><![CDATA[10th Circuit]]></category>
		<category><![CDATA[Islamic Law]]></category>
		<category><![CDATA[Oklahoma]]></category>
		<category><![CDATA[Sharia Law]]></category>

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		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p>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).</p>
<p><strong><em>Larson </em></strong><strong>test a Gateway to Addressing Laws that Discriminate Between Religions</strong></p>
<p>The 10<sup>th</sup> Circuit also applied the <em>Larson </em>test as a gateway to the <em>Lemon</em> test. While the Lemon test <em>Lemon v. Kurtzman</em>, 403 U.S. 602 (1971) applied to “laws affording uniform benefit to all religions, and not to provisions…that discriminate among religions,”  in <em>Larson v. Valente</em>, 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.”</p>
<p>In the case of California Christian Univ. v. Weaver, 534 F.3d 1245 (10<sup>th</sup> Cir. 2008), the 10<sup>th</sup> Circuit had described <em>Larson,</em> “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.” <em>Larson, 456 U.S. at 246.</em></p>
<p>Proponents of the Oklahoma amendment had argued that <em>Larson</em> was no longer good law because it is used infrequently, but the 10<sup>th</sup> 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 <em>Larson.”</em></p>
<p>In fact, the Supreme Court had referenced the rarity of this type of case in <em>Church of the Lukimi Babalu Aye, Inc., v. City of Hileah</em>, 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.”)</p>
<p>The <em>Larson</em> case facts were mild compared to the facts of  Oklahoma amendment case. In the <em>Larson</em> 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).</p>
<p>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.”</p>
<p>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.”</p>
<p>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.” <em>Kikumara v. Hurley</em>, 242 F.3d 950. The 10<sup>th</sup> 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.”</p>
<p>The full decision is available here: <a href="http://www.ca10.uscourts.gov/opinions/10/10-6273.pdf">http://www.ca10.uscourts.gov/opinions/10/10-6273.pdf</a></p>
<p>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.</p>
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		<title>Adventist church leaders meet with Hungarian ambassador on looming deregistration of churches</title>
		<link>http://religiousliberty.tv/adventist-church-leaders-meet-with-hungarian-ambassador-on-looming-deregistration-of-churches.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=adventist-church-leaders-meet-with-hungarian-ambassador-on-looming-deregistration-of-churches</link>
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		<pubDate>Sat, 17 Dec 2011 03:14:11 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
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		<category><![CDATA[International]]></category>
		<category><![CDATA[Peacemaking]]></category>
		<category><![CDATA[Adventist Theological Seminary]]></category>
		<category><![CDATA[Dwayne Leslie]]></category>
		<category><![CDATA[Ganoune Diop]]></category>
		<category><![CDATA[Gyorgy Szapary]]></category>
		<category><![CDATA[Hungary]]></category>
		<category><![CDATA[John Graz]]></category>
		<category><![CDATA[PARL]]></category>
		<category><![CDATA[Public Affairs and Religious Liberty]]></category>
		<category><![CDATA[Seventh-day Adventist]]></category>

		<guid isPermaLink="false">http://religiousliberty.tv/?p=3935</guid>
		<description><![CDATA[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.]]></description>
			<content:encoded><![CDATA[</p>
<p class="timestamp" style="border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #999999; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; margin: 0px; border: 0px initial initial;">Dec. 14, 2011 Silver Spring, Maryland, United States</p>
<p class="details" style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #999999; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;"><a href="http://news.adventist.org/en/archive/articles/2011/12/14/church-leaders-meet-with-hungarian-ambassador-on-looming-deregistration-of" target="_blank">Bettina Krause/PARL/ANN</a></p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">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.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">The&nbsp;<a style="background-color: transparent; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; color: #003399; text-decoration: none; padding: 0px; margin: 0px; border: 0px initial initial;" href="http://news.adventist.org/2011/08/adventist-church-in-2.html">Law of Churches</a>, 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&#8217;s theological seminary.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">&nbsp;</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">&nbsp;</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">Hungarian Ambassador to the United States, Gyorgy Szapary, met with officials from the Adventist Church&#8217;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 &#8220;cordial&#8221; and &#8220;productive.&#8221;</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">&#8220;We expressed our deep concerns to Ambassador Szapary about Hungary&#8217;s recently passed &#8216;Law on Churches&#8217; and its impact, not just on the Adventist Church, but on many other minority religions as well,&#8221; said Dwayne Leslie, the Adventist Church&#8217;s director of legislative affairs. Leslie represented the Adventist Church at the meeting along with Ganoune Diop, the church&#8217;s representative to the United Nations.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">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 P&eacute;cel, near Budapest, which serves 66 students.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">Adventist Education officials have previously said the seminary is key for providing theological and counseling education in the Hungarian language and cultural context. &#8220;Although it&#8217;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,&#8221; said Mike Lekic, an associate Education director for the Adventist Church.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">Following Monday&#8217;s meeting, Diop said the ambassador was gracious and receptive to the issues presented by the Adventist Church. &#8220;The meeting provided an excellent opportunity for dialogue &#8212; we stated our concerns clearly, and heard the perspective of the Hungarian government,&#8221; he said.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">When the new law, voted in July, goes into effect next month, it will strip all but 14 &#8220;historic&#8221; religions of their legal status. Minority religions must then apply to the Hungarian parliament for re-registration.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">Since the legislation was passed, Hungary has maintained that the move was not &#8220;anti-religion,&#8221; but rather a legislative means to root out fraudulent organizations operating behind the protection of religion.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">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&#8217;s Methodists, Unitarians, a number of Islamic communities, and many smaller Protestant and evangelical churches.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">In November, Diop and John Graz, PARL director for the Adventist world church, met in New York with Hungary&#8217;s ambassador to the United Nations to express the church&#8217;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.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 24px; margin-left: 0px; border-image: initial; outline-width: 0px; outline-style: initial; outline-color: initial; font-size: 16px; vertical-align: baseline; background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: #ffffff; line-height: 24px; color: #333333; font-family: chaparral-pro-1, chaparral-pro-2, sans-serif; padding: 0px; border: 0px initial initial;">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.</p>
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		<title>New York Attorney General Launches Religious Rights Initiative to Enforce Anti-discrimination Laws</title>
		<link>http://religiousliberty.tv/new-york-attorney-general-launches-religious-rights-initiative-to-enforce-anti-discrimination-laws.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=new-york-attorney-general-launches-religious-rights-initiative-to-enforce-anti-discrimination-laws</link>
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		<pubDate>Fri, 11 Nov 2011 14:44:52 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
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		<description><![CDATA[(Media-Newswire.com) &#8211; 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 [...]]]></description>
			<content:encoded><![CDATA[<p>(Media-Newswire.com) &#8211; 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.</p>
<p>The Attorney General announced the launch of the Religious Rights Initiative in remarks before the Anti-Defamation League.</p>
<p>“Our state’s rich history of religious diversity is founded on our nation&#8217;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.”</p>
<p>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&#8217;s enforcement efforts, combat religious discrimination through litigation and advocacy, and promote the process for filing religious discrimination complaints.</p>
<p>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.</p>
<p>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&#8217;s commitment to religious freedom and fulfills his pledge to combat and prevent religious discrimination.</p>
<p>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.</p>
<p>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.</p>
<p>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.”</p>
<p>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.”</p>
<p>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.”</p>
<p>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.”</p>
<p>Dr. Lenny Caro, President &#038; 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.”</p>
<p>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.&#8221;</p>
<p>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.&#8221;</p>
<p>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.”</p>
<p>Todd McFarland, Associate General Counsel of the Seventh-day Adventist Church, said: “The Seventh-day Adventist Church applauds the New York Attorney General&#8217;s initiative being led by the Civil Rights Bureau. Religious freedom is our first freedom and is as important and relevant in today&#8217;s religiously pluralistic society as it was to our founding fathers. We look forward to assisting the Bureau in any way we can.”</p>
<p>Michael S. Miller, Executive Vice President and CEO of the Jewish Community Relations Council of New York, said: “Attorney General Schneiderman is creating a &#8217;311&#8242; to help people learn more about their religious rights in New York and a &#8217;911&#8242; 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.”</p>
<p>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.” </p>
<p><a href="http://media-newswire.com/release_1162315.html">http://media-newswire.com/release_1162315.html</a></p>
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		<title>Fifth Circuit approves prisoner&#8217;s religious right to receive publication</title>
		<link>http://religiousliberty.tv/fifth-circuit-approves-prisoners-religious-right-to-receive-publication.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=fifth-circuit-approves-prisoners-religious-right-to-receive-publication</link>
		<comments>http://religiousliberty.tv/fifth-circuit-approves-prisoners-religious-right-to-receive-publication.html#comments</comments>
		<pubDate>Fri, 11 Nov 2011 03:11:51 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Church and State]]></category>
		<category><![CDATA[Civil Rights]]></category>
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		<category><![CDATA[In the News]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[Religion]]></category>
		<category><![CDATA[prisoner]]></category>
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		<description><![CDATA[Today the US Fifth Circuit Court of Appeal, affirmed the U. S. District Court for the Western District of Louisiana&#8217;s ruling that the newspaper &#8220;The Final Call&#8221; 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]]></description>
			<content:encoded><![CDATA[<p>Today the US Fifth Circuit Court of Appeal, affirmed the U. S. District Court for the Western District of Louisiana&#8217;s ruling that the newspaper &#8220;The Final Call&#8221; cannot be censored or denied to a prisoner who has requested it as part of his religious practices </p>
<p>For more: <a href="http://www.katc.com/mobile/news/court-affirms-prisoner-religious-right">http://www.katc.com/mobile/news/court-affirms-prisoner-religious-right</a></p>
]]></content:encoded>
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		<title>San Francisco Court Protects Religious Freedoms of Christian Homeless Shelter, Christian News</title>
		<link>http://religiousliberty.tv/san-francisco-court-protects-religious-freedoms-of-christian-homeless-shelter-christian-news.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=san-francisco-court-protects-religious-freedoms-of-christian-homeless-shelter-christian-news</link>
		<comments>http://religiousliberty.tv/san-francisco-court-protects-religious-freedoms-of-christian-homeless-shelter-christian-news.html#comments</comments>
		<pubDate>Mon, 03 Oct 2011 03:58:49 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Church and State]]></category>
		<category><![CDATA[Civil Rights]]></category>
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		<description><![CDATA[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: http://global.christianpost.com/news/san-francisco-court-protects-religious-freedoms-of-christian-homeless-shelter-56943/]]></description>
			<content:encoded><![CDATA[<p>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. </p>
<p>Read the full article:</p>
<p><a href="http://global.christianpost.com/news/san-francisco-court-protects-religious-freedoms-of-christian-homeless-shelter-56943/">http://global.christianpost.com/news/san-francisco-court-protects-religious-freedoms-of-christian-homeless-shelter-56943/</a></p>
]]></content:encoded>
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		<title>Germany, EU demand Iran to free pastor Nadarkhani &#124; MF Monitor</title>
		<link>http://religiousliberty.tv/germany-eu-demand-iran-to-free-pastor-nadarkhani-mf-monitor.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=germany-eu-demand-iran-to-free-pastor-nadarkhani-mf-monitor</link>
		<comments>http://religiousliberty.tv/germany-eu-demand-iran-to-free-pastor-nadarkhani-mf-monitor.html#comments</comments>
		<pubDate>Mon, 03 Oct 2011 03:30:58 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
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		<description><![CDATA[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/]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p><a href="http://www.microfinancemonitor.com/2011/09/30/germany-eu-demand-iran-to-free-pastor-nadarkhani/">http://www.microfinancemonitor.com/2011/09/30/germany-eu-demand-iran-to-free-pastor-nadarkhani/</a> </p>
]]></content:encoded>
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		<title>Iran Upholds Christian Pastor’s Apostasy Conviction: Execution as Early as Wednesday &#124; American Center for Law and Justice ACLJ</title>
		<link>http://religiousliberty.tv/iran-upholds-christian-pastor%e2%80%99s-apostasy-conviction-execution-as-early-as-wednesday-american-center-for-law-and-justice-aclj.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=iran-upholds-christian-pastor%25e2%2580%2599s-apostasy-conviction-execution-as-early-as-wednesday-american-center-for-law-and-justice-aclj</link>
		<comments>http://religiousliberty.tv/iran-upholds-christian-pastor%e2%80%99s-apostasy-conviction-execution-as-early-as-wednesday-american-center-for-law-and-justice-aclj.html#comments</comments>
		<pubDate>Wed, 28 Sep 2011 00:44:33 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Current Events]]></category>
		<category><![CDATA[Human Life]]></category>
		<category><![CDATA[Human Rights]]></category>
		<category><![CDATA[International]]></category>
		<category><![CDATA[conversion]]></category>
		<category><![CDATA[death penalty]]></category>
		<category><![CDATA[Iran]]></category>

		<guid isPermaLink="false">http://religiousliberty.tv/iran-upholds-christian-pastor%e2%80%99s-apostasy-conviction-execution-as-early-as-wednesday-american-center-for-law-and-justice-aclj.html</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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. </p>
<p>Read more at:</p>
<p><a href="http://aclj.org/iran/iran-upholds-christian-</code><code></code><code>pastor-apostasy-conviction-execution-wednesday">http://aclj.org/iran/iran-upholds-christian-pastor-apostasy-conviction-execution-wednesday</code></a> </p>
]]></content:encoded>
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		<title>OC Couple Threatened With $500-Per-Meeting Fines For Home Bible Study « CBS Los Angeles</title>
		<link>http://religiousliberty.tv/oc-couple-threatened-with-500-per-meeting-fines-for-home-bible-study-%c2%ab-cbs-los-angeles.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=oc-couple-threatened-with-500-per-meeting-fines-for-home-bible-study-%25c2%25ab-cbs-los-angeles</link>
		<comments>http://religiousliberty.tv/oc-couple-threatened-with-500-per-meeting-fines-for-home-bible-study-%c2%ab-cbs-los-angeles.html#comments</comments>
		<pubDate>Wed, 21 Sep 2011 21:41:33 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Church and State]]></category>
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		<category><![CDATA[Family]]></category>
		<category><![CDATA[In the News]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[Religion]]></category>
		<category><![CDATA[home Bible study]]></category>
		<category><![CDATA[Mission Viejo]]></category>

		<guid isPermaLink="false">http://religiousliberty.tv/oc-couple-threatened-with-500-per-meeting-fines-for-home-bible-study-%c2%ab-cbs-los-angeles.html</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p>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”.</p>
<p><a href="http://losangeles.cbslocal.com/2011/09/20/oc-couple-threatened-with-500-per-meeting-fines-for-home-bible-study/">http://losangeles.cbslocal.com/2011/09/20/oc-couple-threatened-with-500-per-meeting-fines-for-home-bible-study/</a> </p>
]]></content:encoded>
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		<title>A Madman and His Manifesto (NYT)</title>
		<link>http://religiousliberty.tv/a-madman-and-his-manifesto-nytimes-com.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=a-madman-and-his-manifesto-nytimes-com</link>
		<comments>http://religiousliberty.tv/a-madman-and-his-manifesto-nytimes-com.html#comments</comments>
		<pubDate>Sun, 31 Jul 2011 07:32:38 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Current Events]]></category>
		<category><![CDATA[Free Speech]]></category>
		<category><![CDATA[Human Life]]></category>
		<category><![CDATA[Human Rights]]></category>
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		<category><![CDATA[Terrorism]]></category>

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		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p>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.</p>
<p><a href="http://opinionator.blogs.nytimes.com/2011/07/28/a-madman-and-his-manifesto/">Read the full article</a></p>
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		<title>Suit Seeks To Invalidate New York Same-Sex Marriage Law For Procedural Irregularities (Religion Clause)</title>
		<link>http://religiousliberty.tv/suit-seeks-to-invalidate-new-york-same-sex-marriage-law-for-procedural-irregularities-religion-clause.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=suit-seeks-to-invalidate-new-york-same-sex-marriage-law-for-procedural-irregularities-religion-clause</link>
		<comments>http://religiousliberty.tv/suit-seeks-to-invalidate-new-york-same-sex-marriage-law-for-procedural-irregularities-religion-clause.html#comments</comments>
		<pubDate>Mon, 25 Jul 2011 23:43:45 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Discrimination]]></category>
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		<category><![CDATA[marriage]]></category>
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		<description><![CDATA[EXCERPT: Liberty Counsel announced today that it has filed a lawsuit in New York asking a state court to declare the state&#8217;s Marriage Equality Act void and to declare void any same-sex marriages that have taken place under the Act. The complain  in New Yorkers for Constitutional Freedoms v. New York State Senate, (Livingston Co. [...]]]></description>
			<content:encoded><![CDATA[<p>EXCERPT: Liberty Counsel announced today that it has filed a lawsuit in New York asking a state court to declare the state&#8217;s Marriage Equality Act void and to declare void any same-sex marriages that have taken place under the Act. The complain  in <em>New Yorkers for Constitutional Freedoms v. New York State Senate, </em>(Livingston Co. Sup. Ct., filed 6/25/2011), alleges that there were a number of procedural defects in the passage of the statute. <a href="http://religionclause.blogspot.com/2011/07/suit-seeks-to-invalidate-new-york-same.html?m=1"><br />
</a></p>
<p><a href="http://religionclause.blogspot.com/2011/07/suit-seeks-to-invalidate-new-york-same.html?m=1">Read the full article</a></p>
]]></content:encoded>
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		<title>Polygamy law doesn’t breach religious freedom guarantee, lawyer argues &#8211; Vancouver Sun</title>
		<link>http://religiousliberty.tv/polygamy-law-doesn%e2%80%99t-breach-religious-freedom-guarantee-lawyer-argues-vancouver-sun.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=polygamy-law-doesn%25e2%2580%2599t-breach-religious-freedom-guarantee-lawyer-argues-vancouver-sun</link>
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		<pubDate>Sat, 02 Apr 2011 16:19:20 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
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		<description><![CDATA[http://www.vancouversun.com/life/Polygamy+doesn+breach+religious+freedom+guarantee+lawyer+argues/4544448/story.html]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.vancouversun.com/life/Polygamy+doesn+breach+religious+freedom+guarantee+lawyer+argues/4544448/story.html">http://www.vancouversun.com/life/Polygamy+doesn+breach+religious+freedom+guarantee+lawyer+argues/4544448/story.html</a> </p>
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		<title>Justice Department sues on behalf of Muslim teacher, triggering debate &#8211; The Washington Post</title>
		<link>http://religiousliberty.tv/justice-department-sues-on-behalf-of-muslim-teacher-triggering-debate-the-washington-post.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=justice-department-sues-on-behalf-of-muslim-teacher-triggering-debate-the-washington-post</link>
		<comments>http://religiousliberty.tv/justice-department-sues-on-behalf-of-muslim-teacher-triggering-debate-the-washington-post.html#comments</comments>
		<pubDate>Tue, 29 Mar 2011 17:46:50 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
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		<description><![CDATA[Do religious accommodation requirements cover a 3 week trip to Mecca? http://www.washingtonpost.com/politics/justice-department-sues-on-behalf-of-muslim-teacher-triggering-debate/2010/07/28/ABfSPtEB_story.html]]></description>
			<content:encoded><![CDATA[<p>Do religious accommodation requirements cover a 3 week trip to Mecca?</p>
<p> <a href="http://www.washingtonpost.com/politics/justice-department-sues-on-behalf-of-muslim-teacher-triggering-debate/2010/07/28/ABfSPtEB_story.html">http://www.washingtonpost.com/politics/justice-department-sues-on-behalf-of-muslim-teacher-triggering-debate/2010/07/28/ABfSPtEB_story.html</a> </p>
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		<title>Obama Administration Changes Its Approach to the Defense of Marriage Act</title>
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		<pubDate>Fri, 11 Mar 2011 22:50:12 +0000</pubDate>
		<dc:creator>Michael Peabody</dc:creator>
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		<description><![CDATA[During the brief window between the California Supreme Court’s decision finding a ban on same-sex marriage in violation of the California Constitution on May 15, 2008 and the ballot-initiative amending said constitution on November 5, 2008, Arthur Smelt and Christopher Hammer got married. 
 
 While same-sex marriages during this window period have been recognized in California since they were presumably “constitutional,” the newlyweds filed a case against the federal government in state court that was transferred upon motion of the federal government into federal court alleging that “the refusal of all states and jurisdictions” to recognize the validity of their marriage resulted in the denial of their marriage status by other states, and federal rights and benefits that other married couples received so long as they were of the opposite sex.]]></description>
			<content:encoded><![CDATA[<p><a title="Liberty Round Table" href="http://www.libertymagazine.org/index.php?id=1665" target="_blank">A Contribution to the Liberty Magazine Round Table.  Read the other articles here.</a></p>
<div style="background-color: transparent;">
<p>During the brief window between the California Supreme Court’s decision finding a ban on same-sex marriage in violation of the California Constitution on May 15, 2008 and the ballot-initiative amending said constitution on November 5, 2008, Arthur Smelt and Christopher Hammer got married.</p>
<p>While same-sex marriages during this window period have been recognized in California since they were presumably “constitutional,” the newlyweds filed a case against the federal government in state court that was transferred upon motion of the federal government into federal court alleging that “the refusal of all states and jurisdictions” to recognize the validity of their marriage resulted in the denial of their marriage status by other states, and federal rights and benefits that other married couples received so long as they were of the opposite sex.</p>
<p>Under Section 2 of the Defense of Marriage Act (“DOMA”), signed into law by President Clinton in 1996, states were permitted to decide whether to acknowledge same-sex marriages performed in other states. Section 3 of DOMA required that federal benefits would only be conferred to opposite-sex couples regardless of whether the states in which they resided recognized same-sex marriage. At the time that DOMA was passed, no states recognized same-sex marriage although it was certainly an issue on the horizon.</p>
<p>Smelt and Hammer claimed DOMA violated various constitutional provisions including the Full Faith and Credit Clause, the Due Process Clause of the Fifth Amendment (i.e. the equal protection clause), and free speech rights.</p>
<p>In August 2009, the Obama administration came to the defense of DOMA, and made a sweeping argument in a sweeping 54-page Motion to Dismiss that not only argued the jurisdictional issue, that the federal government cannot be sued in state court. The Obama Department of Justice also argued that DOMA was “rationally related to legitimate governmental interests,” and “simply preserved longstanding federal and state policies that have afforded protections and privileges to a traditional form of marriage, while simultaneously recognizing the right of States to extend such protections and privileges to same-sex marriage.” The brief also recognized that the Supreme Court had legalized consensual, adult homosexual activity in Lawrence v. Texas (2003) while avoiding the question of whether the government must give “formal recognition to any relationship that homosexual persons seek to enter.”</p>
<p>The brief also invoked a parade of horribles in order to uphold DOMA:</p>
<p style="padding-left: 60px;">“The courts have followed this principle, moreover, in relation to the validity of marriages performed in other States. Both the First and Second Restatements of Conflict of Laws recognize that State courts may refuse to give effect to a marriage, or to certain incidents of a marriage, that contravene the forum State&#8217;s policy. See Restatement (First) of Conflict of Laws § 134; Restatement (Second) of Conflict of Laws § 284.5 And the courts have widely held that certain marriages performed elsewhere need not be given effect, because they conflicted with the public policy of the forum. See, e.g., Catalano v. Catalano, 170 A.2d 726, 728-29 (Conn. 1961) (marriage of uncle to niece, &#8220;though valid in Italy under its laws, was not valid in Connecticut because it contravened the public policy of th[at] state&#8221;); Wilkins v. Zelichowski, 140 A.2d 65, 67-68 (N.J. 1958) (marriage of 16-year-old female held invalid in New Jersey, regardless of validity in Indiana where performed, in light of N.J. policy reflected in statute permitting adult female to secure annulment of her underage marriage); In re Mortenson&#8217;s Estate, 316 P.2d 1106 (Ariz. 1957) (marriage of first cousins held invalid in Arizona, though lawfully performed in New Mexico, given Arizona policy reflected in statute declaring such marriages &#8220;prohibited and void&#8221;).”</p>
<p>The brief also argued that DOMA saved the government “scarce resources” by not extending benefits to same-sex couples, that homosexuals had no constitutional right to marry, and that Congress could address same-sex marriage because same-sex couples do not deserve the same level of judicial scrutiny in court that other minorities get when receiving benefits.  The brief argued DOMA must be analyzed under the rational-basis standard where the “court may not act as a super legislature, sitting in judgment on the wisdom or morality of a legislative policy. Instead, a legislative policy must be upheld so long as there is any reasonably conceivable set of facts that could provide a rational basis for it, including ones that Congress itself did not advance or consider.”  So, while a state could recognize same-sex marriage, same-sex married couples could not receive federal benefits as if they were married. (It is noted that the application of the rational-basis test is what effectively sunk the Free Exercise Clause in the Employment Division v. Smith case.</p>
<p>The Obama administration summarized its position in 2009 as follows, “In short, therefore, DOMA, understood for what it actually does, infringes on no one’s rights, and in all events it infringes on no right that has been constitutionally protected as fundamental, so as to invite heightened scrutiny.”  The brief further argued that whereas interracial marriage bans were “designed to maintain White Supremacy,” and were therefore unconstitutional in Loving v. Virginia (1967), DOMA had not been written to advance either racial or gender superiority since in gay marriage both parties are of the same gender.</p>
<p>On August 24, 2009, United States District Judge David O. Carter weighed the positions of the same-sex couple and the United States government and threw the case out on a completely procedural issue. That pursuant to the Federal Rules of Civil Procedure, section 12(b)(6), the couple had not filed a claim upon which relief could be granted.  Specifically, Judge Carter avoided addressing situations of incest and statutory rape raised by the Obama administration in defense of DOMA and ruled that the couple could not sue the federal government in state court, and that there was no jurisdiction to proceed.</p>
<p>Needless to say, the Obama administration’s defense of DOMA, which incidentally ran contrary to Obama’s campaign promises on the issue, raised the ire of many, not only as a paean to religious right ideology but due to the concept that “rights” could be defined away.  Last week, the Obama administration stated that it would no longer defend Section 3 of DOMA in Federal Court.  Given the fact that it had not won its argument on these issues, and that Congress can, if it so decides, pick up the fight and promote DOMA in court, it seems that the administration made a safe decision.</p>
<p>Arguing against same-sex marriage in a legal manner in the courts is very difficult, as seen in the Proposition 8 Federal trial in California where opponents of the ban presented 8 witnesses and the proponents presented only 2, both of whom had previously publicly stated arguments in opposition to their testimony on the stand. Further, and more importantly, bans on same-sex marriage are difficult to defend without sucking other rights into the vortex.</p>
<p>How far can the government go in determining whose rights are defended? Does it stop at matters of sexual orientation which people claim is established at birth, or in the case of religious converts whose newly-found convictions prohibit them from otherwise required job duties?</p>
<p>Regardless of what one thinks about same-sex marriage in either the religious or the secular context, we would do well to be cautious when it comes to narrowly defining which American citizens receive which rights.  Likewise, churches and religious institutions should be free to continue to preach and teach as they have, and should be able to choose which couples to marry. Governmental action in either direction should not affect the rights of religious organizations.</p>
<p>At a campmeeting in 1889, Seventh-day Adventist pioneer religious liberty leader Alonzo T. Jones said, “&#8221;The time has come for us to assert the right of others to believe as they please, and to assert it at all times and places. If you or I sit idly down and see another&#8217;s rights invaded and taken away, and do nothing, because it does not harm us we will have no right to complain when ours are invaded&#8230;.The question is not who is right, but what are the individual rights.&#8221;</p>
<p>So is the Obama administration correct in effectively stepping out of the DOMA arena? That remains to be seen, but if the Obama administration were to continue defend DOMA, it should rework its approach so as to avoid the vast collateral damage which could arise from the arguments raised when it previously supported DOMA.</p>
<div style="font-family: 'Times New Roman'; font-size: medium;"><span style="font-size: 11pt; font-family: Arial; color: #000000; background-color: transparent; font-weight: normal; font-style: normal; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;"><br />
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<div class="zemanta-articles">
<p>Related articles, courtesy of Zemanta:</p>
<ul class="zemanta-articles">
<li><a href="http://answersforthefaith.com/2011/02/23/obama-will-no-longer-defend-federal-marriage-law-doma/">-Obama Will No Longer Defend Federal Marriage Law (DOMA)</a></li>
<li><a href="http://www.dailykos.com/story/2011/03/09/954343/-House-Republicans-finally-move-on-job-creation:-DOMA-edition">House Republicans finally move on job creation: DOMA edition</a></li>
<li><a href="http://lawprofessors.typepad.com/trusts_estates_prof/2011/03/jerry-simon-chasen-attorney-at-law-miami-fl-recently-published-his-article-entitled-is-doma-doomed-25-prob-prop-23.html">Possible Demise of DOMA</a></li>
<li><a href="http://blogcritics.org/politics/article/how-doma-was-born-a-history/">How DOMA Was Born, A History Lesson</a></li>
</ul>
<div class="zemanta-pixie"><img class="zemanta-pixie-img" src="http://img.zemanta.com/pixy.gif?x-id=bfd7ee06-c97f-8285-8f64-23e6e3e47f44" alt="" /></div>
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		<title>Analysis:  Obama Administration Declines to Defend Part of the Defense of Marriage Act</title>
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		<pubDate>Thu, 24 Feb 2011 04:04:49 +0000</pubDate>
		<dc:creator>Jason Hines</dc:creator>
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		<description><![CDATA[Today Attorney General Eric Holder and the Obama Administration announced that the Justice Department will no longer attempt to defend Section 3  of the Defense of Marriage Act (DOMA) (which defines “marriage” as between one man and one woman and “spouse” as a member of the opposite sex) from challenges in states that recognize gay marriage.]]></description>
			<content:encoded><![CDATA[<p>By Jason Hines &#8211; Today Attorney General Eric Holder and the Obama Administration announced that the Justice Department will no longer attempt to defend Section 3  of the Defense of Marriage Act (DOMA) (which defines “marriage” as between one man and one woman and “spouse” as a member of the opposite sex) from challenges in states that recognize gay marriage. This is a decided victory for those who support the cause of civil same-sex marriage. Previously, the federal government has defended DOMA, so this seeming reversal of position came as somewhat of a surprise. It is important at this juncture to wade through the legal arguments and determine the circumstances and legal reasons that led to the Executive Branch’s current position and what this means going forward.</p>
<p>Currently there are two cases in the 2<sup>nd</sup> Circuit which are challenging the constitutionality of Section 3 of DOMA. One case is from New York (<em>Windsor v. U.S.</em>) and the other is from Connecticut (<em>Pederson v. OPM</em>). It is important to note that gay marriage is legal in Connecticut and is recognized, but not performed, in New York. The DOJ has defended DOMA in jurisdictions where the courts have decided that government only needs to have a rational basis justification in order to enact laws that discriminate against homosexuals. In short, a rational basis justification means that the government only needs to formulate a plausibly reasonable justification for a particular. Most laws are held constitutional under this standard. These cases are different, however, because the 2<sup>nd</sup> Circuit has made no decision on whether homosexuals are a protected group, which would require some heightened scrutiny on the part of the Court in judging whether discriminatory laws are permissible against gays. These cases would require the DOJ to formulate their own beliefs about what standard that should be used when it is found that a law discriminates against homosexuals, whether to use rational basis, as some jurisdictions have, or to use heightened scrutiny. Heightened scrutiny has been defined by the Court as &#8220;a tenable justification describ[ing] actual state purposes, not rationalizations for actions in fact differently grounded.&#8221; United States v. Virginia , 518 U.S. 515, 535-36 (1996). &#8220;The justification must be genuine, not hypothesized or invented post hoc in response to litigation.&#8221; Id. at 533.  Based on its analysis, the DOJ believes that laws that discriminate against homosexuals should receive heightened scrutiny.</p>
<p>The DOJ came to this conclusion after its own analysis of the question, based on the standard for heightened scrutiny provided by the Supreme Court. While the Supreme Court has made no definitively ruling on what level of scrutiny should be accorded laws pertaining to homosexuals, the DOJ believes that heightened scrutiny is the right answer. There are four questions that must be considered for heightened scrutiny to apply: (1) whether the group in question has suffered a history of discrimination; (2) whether individuals &#8220;exhibit obvious, immutable, or distinguishing characteristics that define them as a discrete group&#8221;; (3) whether the group is a minority or is politically powerless; and (4) whether the characteristics distinguishing the group have little relation to legitimate policy objectives or to an individual&#8217;s &#8220;ability to perform or contribute to society.&#8221; See Bowen v. Gilliard, 483 U.S. 587, 602-03 (1987); City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 441-42 (1985) (quoted from Attorney General Eric Holder’s letter to Speaker of the House John Boehner). The DOJ believes that homosexuals fit all these criteria. First, homosexuals certainly have suffered a history of discrimination. Second, the DOJ admits that there are no visible characteristics, but it cites social science research that supports the finding that homosexuality is immutable and cites to the recent debate on Don’t Ask Don’t Tell to support the proposition that the Executive Branch believes that people should not have to hide their sexual orientation. Third, the Executive Branch believes that homosexuals are more or less politically powerless despite some of the gains that gay rights activists have made lately. As a comparable example, the DOJ cites to the fact that women were deemed politically powerless after the passing of the 19<sup>th</sup> Amendment and Title VII. Finally, the government supports the proposition that being gay does inhibit anyone’s ability to contribute to society.</p>
<p>In light of these factors, the DOJ feels that they can no longer defend DOMA as it applies to the states that legally recognize gay marriage. The DOJ will continue to defend DOMA in cases that apply to the Federal government. It is clear that the Obama administration is construing this as a federalism issue, where the states have the right to determine what a marriage is without the interference of the federal government. However, this is a victory for gay rights activists, as the Executive Branch has essentially said that it will stay out of the fray at the state level for now. Despite all this, there are still no definitive answers to the question of whether homosexuals have a right to civil secular marriage (or even at what level of scrutiny laws against them should be judged). That answer will probably have to wait until the Supreme Court decides the matter in the future.</p>
<p><em>Jason Hines is an attorney and doctoral candidate at the J.M. Dawson Institute of Church-State Studies at Baylor University.</em></p>
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		<title>Egypt&#8217;s Coptic Christians Call for More Religious Freedom (AJE)</title>
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		<pubDate>Sat, 08 Jan 2011 17:59:37 +0000</pubDate>
		<dc:creator>Martin Surridge</dc:creator>
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		<description><![CDATA[EXCERPT: Angry protests by Egypt&#8217;s Christian Copts have become a familiar scene. Hundreds clashed with police last November over plans for a new church building in Giza, leaving two protesters dead. And in January of that year, Copts protested in the southern town of Nag Hamadi after six members were killed in an attack on [...]]]></description>
			<content:encoded><![CDATA[<p>EXCERPT: Angry protests by Egypt&#8217;s Christian Copts have become a familiar scene. Hundreds clashed with police last November over plans for a new church building in Giza, leaving two protesters dead. And in January of that year, Copts protested in the southern town of  Nag Hamadi after six members were killed in an attack on a local church  on the Coptic Christmas Eve.</p>
<p>But, following the latest tragic  church attack in Alexandria which claimed 23 lives, many feel the  current daily protests by Coptic youth could represent a new phenomenon.  Thousands of the younger generation have marched in protest in Alexandria and in Cairo, among other major cities. They&#8217;ve brandished religious symbols, chanted slogans, called for more religious freedom and clashed with the police.</p>
<p>Their  protests were widely reported by national and foreign media and were  broadly seen as a natural reaction to the unprecedented attacks  targeting the Coptic community. And sympathetic Egyptian Muslims have  organised rallies expressing their condolences, condemning the attack. But some analysts believe the anger shown by Coptic youth represents a  deeper problem &#8211; a new generation who feel increasingly marginalised  and discriminated against, exhibiting a collective sentiment that their  religious believes have come under attack.</p>
<p><a href="http://english.aljazeera.net/indepth/features/2011/01/20111672929630461.html">Read the full article</a></p>
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		<title>Religious Liberty 2010 – A Year in Review</title>
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		<pubDate>Thu, 30 Dec 2010 21:54:51 +0000</pubDate>
		<dc:creator>Jason Hines</dc:creator>
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		<description><![CDATA[By Jason Hines - 2010 has been an interesting year in the area of church-state relations, both at home and abroad. While we cannot cover every event of magnitude that took place this year in this forum, we will touch on some of the more important events have taken place over the last 365 days. [...]]]></description>
			<content:encoded><![CDATA[<p>By Jason Hines -</p>
<p>2010 has been an interesting year in the area of church-state relations, both at home and abroad. While we cannot cover every event of magnitude that took place this year in this forum, we will touch on some of the more important events have taken place over the last 365 days.</p>
<p><strong><span style="text-decoration: underline;">American Events</span></strong></p>
<p>In March, the Court of Appeals for the Ninth Circuit upheld the phrase “under God” in the pledge of allegiance.  The case of <em>Newdow v. Rio Linda Union School District</em>, 05-17257, was the next round in the fight of Michael Newdow against the reference to God in the Pledge of Allegiance. In 2002, The Eastern District of the Ninth Circuit ruled that the reference to God in the pledge was unconstitutional. The Supreme Court overturned that ruling on the technical issue of standing in 2004. The present case was argued in 2007. In siding with the school district, the Court found that the reference to God in the pledge was recognition of the religious history of the nation and was not an affirmation of God Himself. Furthermore, the Court found that the pledge was voluntary and students were allowed to opt out of the recitation for religious reasons.</p>
<p>Islamophobia once again became a popular buzzword in the months leading up to the ninth anniversary of 9/11. Much of the furor revolved around the proposed Park51, more popularly known as the “Ground Zero Mosque” in New York City. The popular name of the proposed structure is exceedingly ironic, considering the fact that the structure is not a mosque and not within view of Ground Zero. The debate over Park51 was just the tip of the iceberg, as debates about proposed mosques erupted in Tennessee, California, and Wisconsin. The debate culminated over the treatment of Muslims culminated in the proposed Qur’an burning by Pastor Terry Jones on the anniversary of 9/11. Many politicians and religious groups of all stripes objected to the Qur’an burning, and Pastor Jones eventually canceled the event.</p>
<p>On August 4, the District Court for the Northern District of California ruled on Prop 8 and the issue of gay marriage in the case of <em>Perry v. Schwarzenegger</em>. Judge Vaughn Walker ruled that Prop 8 violated the both the Due Process and the Equal Protection Clauses of the Fourteenth Amendment. Those on the defense who supported Prop 8 presented a fairly weak case, presenting only two witnesses, both of whom were ineffectual. Judge Walker was almost given no choice in ruling for the plaintiffs. However, all admit that this is just the first skirmish in an issue that may very well end up in the Supreme Court.</p>
<p>Church-state issues were briefly a part of the midterm elections, thanks to Christine O’Donnell. The Delaware Tea Party Candidate, in a debate with her Democratic opponent Chris Coons, questioned the presence of the concept of separation of church and state in the Constitution. She continued to press the issue even after Coons explained to her that the Religion Clauses of the First Amendment and Supreme Court cases had established the concept as a Constitutional principle. Many conservatives leapt to her defense, arguing that she was technically correct, and that she was misunderstood.</p>
<p><strong><span style="text-decoration: underline;">International Events</span></strong></p>
<p>Throughout this year, France has been embroiled in a controversy regarding banning burqas and other forms of Islamic face coverings. The ban passed the lower house of the French Parliament in July, and passed the Senate in September. Naturally, Muslims in France have protested this law, citing the fact that their religious freedom is being violated. The last legal hurdle was cleared in October when France’s highest court ruled that the law was constitutional. The Court found that because the law did not restrain the use of burqas during worship, there was no violation of religious freedom.</p>
<p>In July, Argentina became the first Latin American country to allow gay marriage. The President of Argentina, Fernandez de Kirchner, supported this legislation, despite the strenuous objection of the Catholic Church. The Catholic Church organized several protests in the days leading up to the vote. While the Kirchners (her husband is the former president) have been accused of supporting this legislation because of its personal political benefits, they and others have argued that the time for this law has come. Argentina has shifted to more politically liberal mores and therefore this legislation reflects the changed sensibilities of Argentineans.</p>
<p>Late this year, a truly historic piece of legislation passed in Peru. The legislature in Peru passed legislation that will guarantee religious freedom for all citizens, codifying a principle that was already present in Peru’s Constitution. The law protects both public and private expressions of religion, unless the exercise of that right infringes on the rights of others or causes a public disturbance. Furthermore, the law outlaws any type of discrimination against anyone on the basis of religion and establishes religious equality, providing these benefits to all citizens, regardless of their religious preference.</p>
<p>This year has seen an interesting shift in the status of religious liberty around the world. Nations that have largely been seen as the stalwarts of religious freedom, such as the United States and countries in Europe, have taken some steps to restrict the religious freedom of religious minorities and the irreligious, with varying amounts of success. However, countries that have historically been described as unwelcoming to religious minorities, such as countries in Latin America, have taken steps to extend freedoms to those less fortunate.</p>
<p>###</p>
<p><em>Jason Hines is an attorney and doctoral candidate at the J.M. Dawson Institute of Church-State Studies at Baylor University.</em></p>
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		<title>Colorado School&#8217;s Rosary Rule Disputed (KKTV)</title>
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		<pubDate>Sat, 09 Oct 2010 18:35:52 +0000</pubDate>
		<dc:creator>Martin Surridge</dc:creator>
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		<description><![CDATA[EXCERPT: COLORADO SPRINGS &#8212; An announcement made by a Colorado Springs middle school, stipulating how students can wear rosaries, has the ACLU speaking out against the decision. The group says religious liberty does not stop at the entrance to a public school. [District spokesperson Elaine] Naleski says some students were offended at how others were [...]]]></description>
			<content:encoded><![CDATA[<p>EXCERPT: COLORADO SPRINGS &#8212; An announcement made by a  Colorado Springs middle school, stipulating how students can wear  rosaries, has the ACLU speaking out against the decision.  The group  says religious liberty does not stop at the entrance to a public school.</p>
<p>[District spokesperson Elaine] Naleski says some students were  offended at how others were wearing the religious symbol, but the ACLU  disagrees with that reasoning. “The First Amendment protects the right  of students to express their faith by wearing crosses, rosaries, or  other religious symbols without interference from school officials. Our  Constitution protects the right to individual religious liberty and the  ACLU is here to support everyone who chooses to exercise that right,”  said Mark Silverstein, the ACLU Legal Director, in a statement sent out  to the media.</p>
<p><a href="http://www.kktv.com/news/headlines/ACLU_Speaks_out_Against_D11_Schools_Rosary_Rules_104538669.html">Read the full article</a></p>
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		<title>Stopping US Muslim backlash (AJE)</title>
		<link>http://religiousliberty.tv/stopping-us-muslim-backlash-aje.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=stopping-us-muslim-backlash-aje</link>
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		<pubDate>Sat, 25 Sep 2010 18:04:50 +0000</pubDate>
		<dc:creator>Martin Surridge</dc:creator>
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		<description><![CDATA[EXCERPT: Religious leaders &#8211; Muslim, Jewish, and Christian &#8211; met in Washington, DC, on Tuesday [September 7] to denounce anti-Muslim bigotry. More than 30 religious leaders [were] in one room with one aim: to stop a rise in anti-Muslim sentiment that has already had violent consequences. There was the attack on a Muslim taxi driver [...]]]></description>
			<content:encoded><![CDATA[<p>EXCERPT:</p>
<p>Religious leaders &#8211; Muslim, Jewish, and Christian &#8211; met in  Washington, DC, on Tuesday [September 7] to denounce anti-Muslim bigotry. More than 30 religious leaders [were] in one room with one aim: to stop a  rise in anti-Muslim sentiment that has already had violent  consequences.</p>
<p>There was the attack on a Muslim taxi driver in New York city; an  arson attack on a mosque under construction in Tennessee; Florida Pastor  Terry Jones&#8217; plans to burn copies of the Quran, which  prompted a wave of angry protests in Afghanistan and Indonesia and, of  course, protests against the building of an Islamic cultural centre &#8211;  including a mosque &#8211; near Ground Zero in New York.</p>
<p>In Washington, the interfaith delegates also talked about the  anti-Muslim backlash being a wedge issue in the forthcoming elections &#8211;  particularly fears about the weak economy and high unemployment whipped  up by extremists.</p>
<p>Dr Sayyid M Syeed of the Islamic Society of North America said:  &#8220;Together we have said that we have a stake in this country. We have  worked together and built trust, confidence understanding and goodwill.  We will not let these fringe groups go ahead and destroy that.&#8221;</p>
<p><a href="http://blogs.aljazeera.net/americas/2010/09/08/stopping-us-muslim-backlash">Read the full article </a></p>
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		<title>Liberty and tolerance: Our checkered history with religious equality (OregonLive.com)</title>
		<link>http://religiousliberty.tv/liberty-and-tolerance-our-checkered-history-with-religious-equality-oregon-live.html?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=liberty-and-tolerance-our-checkered-history-with-religious-equality-oregon-live</link>
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		<pubDate>Sat, 11 Sep 2010 16:31:38 +0000</pubDate>
		<dc:creator>ReligiousLiberty.TV</dc:creator>
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		<description><![CDATA[ContentsLiberty and tolerance: Our checkered history with religious equalityPublished: Friday, September 10, 2010, 9:00 AMHere is an excerpt from a great article by Willamette Law Professor Steven K. Green published on OregonLive.com on September 10, 2010. Liberty and tolerance: Our checkered history with religious equality Published: Friday, September 10, 2010, 9:00 AM By Steven K. [...]]]></description>
			<content:encoded><![CDATA[<div class="mwm-aal-container"><div class='mwm-aal-title'>Contents</div><ol><li><a href="#liberty-and-tolerance-our-checkered-history-with-religious-equality">Liberty and tolerance: Our checkered history with religious equality</a></li><li><a href="#published-friday-september-10-2010-900-am">Published: Friday, September 10, 2010, 9:00 AM</a></li></ol></div><p>Here is an excerpt from a great article by <a href="http://www.oregonlive.com/opinion/index.ssf/2010/09/liberty_and_tolerance_our_chec.html">Willamette Law Professor Steven K. Green published on OregonLive.com on September 10, 2010.</a></p>
<a name="liberty-and-tolerance-our-checkered-history-with-religious-equality"></a><h1>Liberty and tolerance: Our checkered history with religious equality</h1>
<a name="published-friday-september-10-2010-900-am"></a><h5>Published: Friday, September 10, 2010, 9:00 AM</h5>
<p>By Steven K. Green</p>
<p>This seems like a good time for a refresher on an important American value: religious equality. Ramadan is ending, the Jewish holy days are upon us, and many Americans are apparently uncomfortable about the nation&#8217;s growing religious pluralism. Only a hermit would be unaware of recent religious tensions involving America&#8217;s Islamic community: the controversy over the proposed Muslim community center in New York; the slashing of a New York Muslim cabdriver after he identified his religious faith; the threatened burning of the Quran by a Florida church; and opposition to mosque construction in Tennessee, California and elsewhere.</p>
<p>&#8230;.</p>
<p>What does this history instruct about recent events? How do we transition from merely tolerating our nation&#8217;s 6 million Muslim citizens to affording them the benefits of religious equality? It will require a change in attitudes among the non-Muslim majority, which will remain elusive so long as Americans equate Islam with terrorism. Media coverage of violence by Muslim terrorists creates lasting impressions, but to condemn nearly 1 billion Muslims for the actions of several thousand is like condemning the Catholic Church for past actions by the Irish Republican Army. Demagogues who kill in the name of God are not unique to any faith.</p>
<p>We must renew our commitment to the value of religious equality, not simply toleration. We must demonstrate to Islamic extremists that we can distinguish between faith and violent acts, that our commitment to religious equality is more than platitudes chiseled into the Jefferson Memorial. Our checkered history with this issue has taught us that we cannot afford to slip backward.</p>
<p>Read the full article at <a href="http://www.oregonlive.com/opinion/index.ssf/2010/09/liberty_and_tolerance_our_chec.html">http://www.oregonlive.com/opinion/index.ssf/2010/09/liberty_and_tolerance_our_chec.html</a></p>
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