Posts tagged with: First Amendment to the United States Constitution

scaliaOver the past hundred years few judges have been able to match the wit, wisdom, and intellectual rigor of Supreme Court Justice Antonin Scalia. During his thirty year career he has been an indefatigable champion of originalism (a principle of interpretation that views the Constitution’s meaning as fixed as of the time of enactment) and a vociferous critic of the slippery “living constitution” school of jurisprudence. When future historians assess his career Scalia will be viewed as one of the most thoughtful, principled, and important jurists of his era.

But even a legal genius can produce a disastrous opinion, and Scalia delivered his worst twenty-five years ago this week in Employment Division v. Smith. As Michael Stokes Paulsen explains, this ruling has “proven to be one of the most devastatingly long-term harmful Supreme Court constitutional decisions of the past half century.”
(more…)

RFRA1Last week, Indiana Governor Mike Pence (R) signed his state’s Religious Freedom Restoration Act. Social media went a bit, well, bonkers. Hillary Clinton tweeted, “Sad this new Indiana law can happen in America today. We shouldn’t discriminate against ppl bc of who they love #LGBT.” The CEO of SalesForce, headquartered in Indiana, says they will pull out. Tim Cook, the chief executive of Apple, has called religious freedom laws “dangerous” and likens them to Jim Crow laws.

What’s all of this about?

First, the federal Religious Freedom Restoration Act (RFRA) was signed by then-President Bill Clinton in 1993. This act re-instated what is known as the Sherbert Act, in which the Supreme Court:

…set out a three-prong test for courts to use in determining whether the government has violated an individual’s constitutionally-protected right to the free exercise of religion. (more…)

IVCF_bannerEarlier today a federal appeals court handed down an important ruling that protects the liberties of religious organizations.

In the case of Alyce Conlon v. InterVarsity Christian Fellowship/USA, the United States Court of Appeals for the Sixth Circuit rejected a plaintiff’s attempt to enforce state and federal gender discrimination laws on one of the nation’s largest Christian campus ministries.

According to the court opinion, Alyce Conlon worked at InterVarsity Christian Fellowship/USA (IVCF) in Michigan as a spiritual director, involved in providing religious counsel and prayer. She informed IVCF that she was contemplating divorce, at which point IVCF put her on paid—and later unpaid—leave. Part of IVCF’s employment policy is that “[w]here there are significant marital issues, [IVCF] encourages employees to seek appropriate help to move towards reconciliation” and IVCF reserves the right “to consider the impact of any separation/divorce on colleagues, students, faculty, and donors.”

When Conlon’s marital situation continued to worsen despite counseling efforts, IVCF terminated her employment. Conlon sued IVCF and her supervisors in federal district court under Title VII and Michigan law. IVCF claimed the First Amendment’s ministerial exception to employment laws.

The Sixth Circuit rejected Conlon’s claims based on conclusions in the Supreme Courts’ ruling in Hosanna-Tabor Evangelical Lutheran Church and School (2012).
(more…)

Blog author: jcarter
Friday, January 16, 2015
By

Freedom-of-ReligionThomas Jefferson wanted what he considered to be his three greatest achievements to be listed on his tombstone. The inscription, as he stipulated, reads “Here was buried Thomas Jefferson, author of the Declaration of American Independence, of the Statute of Virginia for Religious Freedom, and father of the University of Virginia.”

Today we celebrate the 229th anniversary of one of those great creations: the passage, in 1786, of the Virginia Statute of Religious Freedom.

Each year, the President declares January 16th to be Religious Freedom Day, and calls upon Americans to “observe this day through appropriate events and activities in homes, schools, and places of worship.” One way to honor the day is to reflect on these ten quotes about religious liberty that were expressed by some of our country’s greatest leaders:

(more…)

TeaPartyCatholicBruce Edward Walker, recently wrote a column for the Morning Sun that relates the recent Supreme Court decision on Hobby Lobby with America’s Founding and Samuel Gregg’s latest, Tea Party Catholic. The piece begins by discussing the Declaration of Independence and one of its signers, Charles Carroll,  “a successful Maryland businessmen,” Walker says, “who was also Roman Catholic and thus denied voting rights and the freedom to hold government office under British colonial rule. In other words, Carroll had a  bigger dog in the fight for independence than any of his fellow American Protestant revolutionaries.”

Walker continues:

For Gregg, Carroll represents a fitting template for contemporary Christians of a particular denomination who advocate for lower taxes and less government intervention in the exercise of their respective faiths or other aspects of their lives. Such pushback against the state was the impetus for our War of Independence, and is the spark that ignited the Tea Party movement – the latter whose members fight for similar freedoms without ridiculous assertions of resorting to guns, jihads, crusades or even remote considerations thereof. (more…)

first amendmentKatherine Stewart is most unhappy about the recent Supreme Court decision, Greece v. Galloway. The Court upheld the right of the town of Greece, New York, to being town hall meetings with prayer, so long as no one was coerced into participating. And that makes Ms. Stewart unhappy.

In an op-ed piece for The New York Times, Ms. Stewart decries the Court’s decision as something akin to a vast, right-wing conspiracy.

The first order of business is to remove objections by swiping aside the idea that soft forms of establishment exist at all. Here, the Greece decision delivers, substantially.

A second element of the plan for undermining concerns based on the First Amendment’s Establishment Clause is to reinterpret public acts as personal expressions of speech by private individuals. Thus, when the minister appointed by the municipal government of Greece bids “all rise,” the Supreme Court majority tells us, this is not an establishment of religion because the words are not uttered by public officials. And when the town leaders respond with a sign of the cross, that isn’t establishment either, because, just then, public officials are acting as private individuals.

Another prong in the assault on the Establishment Clause is to use neutrality among religious denominations as a wedge for inserting the (presumed) majority religion into state business.

(more…)

article-photo-Elaine“This ruling is more in the spirit of Nero Caesar than in the spirit of Thomas Jefferson,” said Russell D. Moore. “This is damaging not only to the conscience rights of Christians, but to all citizens.”

Moore, the president of the Ethics & Religious Liberty Commission, was responding to the U.S. Supreme Court’s refusal to rule on a case involving Elane Photography and its owners Jonathan and Elaine Huguenin. According to the Alliance Defending Freedom (ADF), Elaine received an email in 2006 asking her to photograph a “commitment ceremony” between Vanessa Willock and her same-sex partner. Willock asked if Elaine would be “open to helping us celebrate our day . . . .” Elaine politely declined to use her artistic talents to express a celebratory message at odds with her deep convictions. (Elaine had previously declined requests from others for things such as nude maternity photos.)

Willock, a licensed attorney who has served in various paid “diversity” positions, filed a complaint with the New Mexico Human Rights Commission. After a one-day administrative trial in 2008, the commission ruled against the Huguenins and ordered them to pay $6,637.94 in attorneys’ fees. The case made its way through the state court system, with the New Mexico Supreme Court ultimately affirming the commission’s coercive decision. In an ominous concurring opinion, one justice wrote that the Huguenins “now are compelled by law to compromise the very religious beliefs that inspire their lives,” adding “it is the price of citizenship.”

ADF attorneys representing the Huguenins are presenting only one claim to the U.S. Supreme Court—that the punishment of Elane Photography violates the constitutionally protected freedom “not to speak,” known as the compelled speech doctrine.

(more…)

truthiness_largeThe Supreme Courts is hearing a case that involves a First Amendment challenge to an Ohio law that makes it a crime to “disseminate a false statement concerning a candidate, either knowing the same to be false or with reckless disregard of whether it was false.”

During the 2010 elections, the Susan B. Anthony List, a pro-life advocacy group, published ads in Ohio claiming that then-Rep. Steven Driehaus supported taxpayer-funded abortions (because he had voted for the Affordable Care Act). Driehaus filed a complaint with the Ohio Election Commission over the ads. The SBA List challenged the constitutionality of the law, which is now before the Supreme Court.

In support of the SBA List, P.J. O’Rourke, humorist and national treasure, contributed to an amicus brief defending our constitutional right to “truthiness”:
(more…)

351px-Ballot1_227c8The phrase “Separation of Church and State” is not in the language of the First Amendment, and the concept was not favored by any influential framer at the time the Bill of Rights was drafted. So how did it become part of the jurisprudence surrounding the First Amendment?

As Jim Lindgren, a law professor at Northwestern, explains, the Ku Klux Klan had something to do with it . . .

7. The first mainstream figures to favor separation after the first amendment was adopted were Jefferson supporters in the 1800 election, who were trying to silence Northern clergy critical of the immoral Jeffersonian slaveholders in the South.

8. After the Civil War, liberal Republicans proposed a constitutional amendment to add separation of church and state to the US Constitution by amendment, since it was not already there. After that effort failed, influential people began arguing that it was (magically) in the first amendment.

9. In the last part of the 19th century and the first half of the 20th century, nativists (including the KKK) popularized separation as an American constitutional principle, eventually leading to a near consensus supporting some form of separation.

10. Separation was a crucial part of the KKK’s jurisprudential agenda. It was included in the Klansman’s Creed (or was it the Klansman’s Kreed?). Before he joined the Court, Justice Black was head of new members for the largest Klan cell in the South. New members of the KKK had to pledge their allegiance to the “eternal separation of Church and State.” In 1947, Black was the author of Everson, the first Supreme Court case to hold that the first amendment’s establishment clause requires separation of church & state. The suit in Everson was brought by an organization that at various times had ties to the KKK.

11. Until this term, the justices were moving away from the separation metaphor, often failing to mention it except in the titles of cited law review articles, but in the last term of the Court they fell back to using it again.

Read more . . .

The Separation Of Church And State“What right do they have to do this, to take away our freedoms?” Mary Anne Yep, co-founder and vice president of Triune Health Group in Chicago, recently asked of the  Obama administration regarding the HHS Mandate. On Monday when the official comment period closed, thousands of individuals swamped the Department of Health and Human Services with concerns about the HHS Mandate and the effect it would have on religious liberty in the United States. The Heritage Foundation recently posted an update about HHS and the people against it:

After more than a year of public outrage, over 50 lawsuits against the anti-conscience mandate, and a federal judge’s demand that HHS fix its coercive mandate, the Administration published a “notice of proposed rule making” (NPRM) on February 6. That proposed rule neither changes the underlying mandate finalized in law and currently in effect nor provides any workable or adequate solutions to the mandate’s trampling on religious liberty.

Several organizations have published statements on the NPRM and HHS Mandate in general.  Archbishop William Lori of Baltimore, chairman of the Catholic bishops’ Ad Hoc Committee for Religious Liberty released a statement on Monday regarding the mandate: (more…)