Posts tagged with: freedom of religion

“Is there a religious way to pump gas, sell groceries, or advertise for a craft store?”

In a new paper, “God and the Profits: Is There Religious Liberty for Money-Makers?,” Mark Rienzi asks the question. (HT)

Rienzi, an assistant professor at the Columbus School of Law at The Catholic University of America, writes in direct response to the federal government’s HHS contraception mandate, focusing on the religious liberty challenges faced by for-profit companies. As Rienzi argues, imposing such penalties requires “singling out religion for disfavored treatment in ways forbidden by the Free Exercise Clause and federal law.”

From the abstract:

Litigation over the HHS contraceptive mandate has raised the question whether a for-profit business and its owner can engage in religious exercise under federal law. The federal government has argued, and some courts have found, that the activities of a profit-making business are ineligible for religious freedom protection.

This article offers a comprehensive look at the relationship between profit-making and religious liberty, arguing that the act of earning money does not preclude profit-making businesses and their owners from engaging in protected religious exercise.

Many religions impose, and at least some businesses follow, religious requirements for the conduct of profit-making businesses. Thus businesses can be observed to engage in actions that are obviously motivated by religious beliefs: from preparing food according to ancient Jewish religious laws, to seeking out loans that comply with Islamic legal requirements, to encouraging people to “know Jesus Christ as Lord and Savior.” These actions easily qualify as exercises of religion. (more…)

During his address to German students yesterday, Secretary of State John Kerry offered a defense of freedom of speech and religion by saying that in the United States “you have a right to be stupid if you want to be.”

john-kerry“As a country, as a society, we live and breathe the idea of religious freedom and religious tolerance, whatever the religion, and political freedom and political tolerance, whatever the point of view,” Kerry told the students in Berlin, the second stop on his inaugural trip as secretary of state.

“People have sometimes wondered about why our Supreme Court allows one group or another to march in a parade even though it’s the most provocative thing in the world and they carry signs that are an insult to one group or another,” he added.

“The reason is, that’s freedom, freedom of speech. In America you have a right to be stupid – if you want to be,” he said, prompting laughter. “And you have a right to be disconnected to somebody else if you want to be.

“And we tolerate it. We somehow make it through that. Now, I think that’s a virtue. I think that’s something worth fighting for,” he added. “The important thing is to have the tolerance to say, you know, you can have a different point of view.”

No one familiar with John Kerry’s career should be surprised that he is snootily dismissive of Americans who hold views different from his own. And perhaps we should be grateful that a man who could have been president of the United States believes in “tolerating” those of us who stupidly oppose infringements on our religious liberties.

Still, as Ken Blackwell says, instead of talking of “tolerance” and how we “tolerate” ideas we think are stupid, Kerry might have told the young Germans about George Washington’s eloquent Letter to the Hebrew Congregation at Newport.

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Has there ever, in the history of America, been a presidential administration as dismissive of religious liberties as the Obama Administration?

contraceptive-mandateThe Administration seems to truly believe that when religious beliefs come into conflict with one of the President’s pet policies—such as employers being forced to pay for contraceptives and abortifacients—that religious liberties must be set aside. A prime example is the Administration’s idea that by forming a business entity intended to limit liability, a person loses their First Amendment right to the free exercise of religion.

As CNSNews reports, during an oral argument in the U.S. District Court for the District of Columbia last fall, a lawyer for the U.S. Justice Department told a federal judge that the Obama administration believed it could force the judge’s own wife—a physician—to act against her religious faith in the conduct of her medical practice.

Here is the exchange, from the official court transcript, between this Obama administration lawyer and Judge Walton:
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In 2010, Uwe and Hannelore Romeike, who lived with their five children in the German state of Baden-Württemberg, were faced with a choice: abandon their Evangelical Christian religious beliefs or lose custody of their children. The Romeikes had withdrawn their children from German public schools in 2006, after becoming concerned that the educational material employed by the school was undermining the tenets of their Christian faith. After accruing the equivalent of $10,000 worth of fines and the forcible removal of their children from the home, they chose to flee their homeland and seek asylum in the United States. They believed our government was more respectful of religious liberties.

german-banThey soon discovered that was not the case.

On January 26, 2010, a federal immigration judge granted the Romeikes political asylum, ruling they had a reasonable fear of persecution for their beliefs if they returned to their homeland. The judge also denounced the German policy, saying it was, “utterly repellent to everything we believe as Americans.” However, President Obama’s Justice Department disagreed. They argued that the family should be denied asylum based on their contention that governments may legitimately use its authority to force parents to send their kids to government-sanctioned schools.

To better understand what Attorney-General Holder and his Justice Department are supporting, let’s look at the German policy. The parent-children relationship is defined in Art. 6 § 2 as follows:
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A new study conducted by Barna Group shows millions of adults—particularly evangelicals—are worried that our religious liberties are being threatened:

First, Americans have a relatively gloomy view of religious freedom in the U.S. Many Americans express significant angst over the state of religious freedom in the U.S. Slightly more than half of adults say they are very (29%) or somewhat (22%) concerned that religious freedom in the U.S. will become more restricted in the next five years. As might be expected, those who are religious are more concerned than those who aren’t—particularly Christians more so than those adherents to other faiths. Practicing Protestants (46% very concerned) are more worried about this prospect than others; yet, 30% of practicing Catholics are also concerned. Barna-defined evangelicals, who meet a series of nine theological criteria, are among the most likely to be concerned about such restrictions (71%).

Not only are most Americans worried about the future of religious freedom, many feel the restraints have already started. One-third of adults believe religious freedoms have grown worse in the last decade. Among practicing Protestants, nearly half (48%) say they perceive freedom of religion to have grown worse in recent years. Three out of five evangelicals (60%) perceive religious freedoms to have grown worse.

Read more . . .

Laurel Broten, the Education Minister of Ontario, stated on Oct. 10 that the “province’s publicly funded Catholic schools may not teach students that abortion is wrong because such teaching amounts to ‘misogyny,’ which is prohibited in schools under a controversial anti-bullying law.” Ontario enacted Bill 13 in June and it casts a wide net against bullying in schools. It is under this law that Broten has declared that Catholic schools may not teach that abortion is wrong.

Broten noted,

Bill 13 has in it a clear indication of ensuring that our schools are safe, accepting places for all our students. That includes LGBTQ [lesbian, gay, bisexual, transgendered, queer] students. … Bill 13 is about tackling misogyny, taking away a woman’s right to choose could arguably be one of the most misogynistic actions that one could take.

Broten is equating the Catholic Church’s pro-life stance with the hatred of women, and deems the Church’s teaching now illegal, disallowing freedom of conscience, clearly putting the state in a position of telling a church what it can and cannot teach.

Fr. Tim Boyle, a Catholic priest from Mattawa, Ontario, says this,

Minister Broten ignores … the fact that her decision also violates section 93 the Canadian Constitutional Act which enshrines the rights of Catholics in Ontario to a school system in which they can teach their children in a Catholic environment without government interference. While it may be debatable whether or not Bill 13 in its entirety might be constitutional, a matter soon to be taken up by the courts, it’s clear that prohibiting Catholic schools from teaching that abortion is wrong is a clear violation of this legal guarantee of the separation of Church and State.

Of course, one of the issues here is that Catholic schools in Canada do receive public monies. Recently, Catholic Charities of Tulsa, Okla., chose to stop all government funds, relying instead on private donations.

“What Catholic Charities of Tulsa is doing is showing the way forward for Catholics and other Christians who want to be faithful to the ancient Church’s age-old moral teachings, and who want to assist those in need without compromising the truth of the Gospel,” wrote Dr. Samuel Gregg, research director at the Acton Institute for the Study of Religion and Liberty…

Fr. Robert Sirico, the president of Acton, agrees. “I think we need to separate the giving from the mechanism of the state,” he said. “There’s the threat that he who drinks the king’s wine sings the king’s song.”

It remains to be seen if the Catholics of Ontario will be satisfied with the king’s song and dance.

In a model of Orwellian doublespeak, the New York Times published an editorial yesterday defending the ridiculous decision by U.S. District Judge Carol E. Jackson to dismiss the lawsuit filed earlier this year by Frank O’Brien and his O’Brien Industrial Holdings LLC. O’Brien had challenged the requirement that businesses offer employees contraception coverage through health care insurance, claiming it unconstitutionally violated his religious beliefs and the Catholic philosophy he applied in running his business.

Not so, say the NYT editors, who nod in approval at Judge Jackson assertion that the mandate does not rise to the level of a “substantial” burden because the “imposition on religion is trivial and remote.” What the NYT fails to mention is Jackson’s reasoning:
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World Politics Review recently interviewed Acton Research Director Samuel Gregg about the Vatican’s foreign policymaking:

WPR: What are the main policy initiatives that the Vatican is currently promoting on the international stage, and how receptive are other nations to its interests?

Gregg: At present, one major initiative concerns the promotion of religious liberty. The Holy See believes this right is poorly recognized in many nations — especially in the Middle East and China — and that Christians are suffering as a direct result. The Holy See is also concerned that religious liberty is being eroded in some Western nations in the sense a number of governments now prefer to speak of “freedom of worship,” which has a more restrictive meaning.

Read more . . .

In his magisterial work on the twentieth century, Modern Times, historian Paul Johnson highlights how in the 1920s Germany transformed from being “exceptionally law-abiding into an exceptionally violent society.” A key factor, according to Johnson, was an erosion of the rule of law and partisan acceptance of political violence against groups disdained by the State. Johnson notes that from 1912-1922, there were 354 murders by the Right (proto-Nazis) and 22 by the Left (Marxists).

Those responsible for the every one of the left-wing murders were brought to court; ten were executed and twenty-eight others received sentences averaging fifteen years. Of the right-wing murders, 326 were never solved; fifty killers confessed, but of these more than half were acquitted despite confessions and twenty-four received sentences averaging four months.

The conditions that lead to the rise of Nazism in Germany are complex and varied. But this tolerance by the state of several hundred murders certainly aided in the creation of a state that would, within a decade, sponsor the murder of several millions. As history has repeatedly revealed to us, government hostility to specific groups is highly correlated with social hostility to those same groups.

That lesson is reinforced by the latest Pew Study on the “Rising Tide of Restrictions on Liberty.” As their research shows, “higher scores on the Government Restrictions Index are associated with higher scores on the Social Hostilities Index and vice versa. This means that, in general, it is rare for countries that score high on one index to be low on the other.”

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A ‘Stand Up For Religious Freedom’ Rally, organized by a coalition of religious, non-profit, pro-life and pro-family organizations and individuals is scheduled for Friday, June 8, at Rosa Parks Circle in Grand Rapids, Mich. The Rev. Robert Sirico is a featured speaker.

This public event, scheduled for 10:30 a.m. – 2:30 p.m. EST, is described as “…a peaceful protest to stand up for our religious beliefs and our 1st Amendment Freedoms guaranteed by the US Constitution.” Other speakers include former Congressman Peter Hoekstra and President/Chief Counsel of the Thomas More Law Center Richard Thompson. Besides the featured speakers, there will be on-site voter registration, information tables from participating groups and a student poster contest.

One of the topics expected to be addressed is the Obamacare HHS mandate and its effects on religious organizations’ health care coverage for workers.

See more from Acton on the Obamacare mandate here.