Posts tagged with: religious discrimination

Boy-Scouts-of-AmericaCalifornia lawmakers are moving close to a final vote on a bill that could threaten the tax-exempt status of a variety of groups — ranging from the Boy Scouts to Little League — if their membership policies are found to differentiate on “gender identity,” “sexual orientation,” and other bases. As Alliance Defending Freedom explains, the proposed legislation also threatens religious liberties:

SB 323, which bans discrimination based on “religion” and “religious affiliation,” and which contains no exemption from these bans for religious organizations, would strip religious youth organizations of d1cir tax-exempt status if they continued to select leaders and other persons responsible for carrying out their missions based on a shared set of religious beliefs.

Like SB 323′s ban on religious discrimination, its ban on sexual orientation discrimination, which is designed to punish BSA over its membership and leadership policy, will also severely and negatively impact religious organizations. Most religious organizations, undoubtedly including many covered by SB 323, require their leaders and members to express and conduct themselves in a manner that is consistent with their religious beliefs regarding sexual conduct. Under these types of policies, individuals who approve of or engage in conduct that contradicts a group’s religious teaching regarding sexual morality may be denied membership or leadership positions. Such policies likely conflict with SB 323. Thus, if passed, the bill will require religious organizations to choose between complying with the law and abandoning their religious convictions, or defying the law and losing their tax exemptions.

Religious organizations that select members and leaders who share their religious convictions to maintain a coherent religious identity and message are not engaging in invidious discrimination. Rather, they arc engaging in d1e most basic and fundamental exercise of religious freedom guaranteed by the First Amendment of the United States Constitution.

Read more . . .

(Via: The Foundry)

The U.S. Commission on International Religious Freedom’s Annual Report has been published. The commission places countries in three “tiers”, with tier one being nations that are designated “countries of particular concern” in terms of religious freedom. In this year’s report, these nations include China, North Korea and Saudi Arabia, among twelve others.saudi-arabia2

In China for instance, the report notes the following:

The Chinese government continues to perpetrate particularly severe violations of the freedom of thought, conscience, and religion or belief. Religious groups and individuals considered to threaten national security or social harmony, or whose practices are deemed beyond the vague legal definition of “normal religious activities,” are illegal and face severe restrictions, harassment, detention, imprisonment, and other abuses. Religious freedom conditions for Tibetan Buddhists and Uighur Muslims remain particularly acute, as the government broadened its efforts to discredit and imprison religious leaders, control the selection of clergy, ban certain religious gatherings, and control the distribution of religious literature by members of these groups. The government also detained over a thousand unregistered Protestants in the past year, closed “illegal” meeting points, and prohibited public worship activities. Unregistered Catholic clergy remain in detention or disappeared.

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The Pew Forum on Religion & Public Life has been studying the steady rise of hostility towards religious expression and religious liberty worldwide. In fact, they found that restrictions on religion rose in every major area of the world, including the United States, since the study began in 2009.

Citing what the Pew Forum calls “social hostilities” (as opposed to government hostilities), the study found that Pakistan, India and Iraq were the most hostile countries to religious freedom.

The Social Hostilities Index (SHI) measures acts of religious hostility by private individuals, organizations and social groups. This includes mob or sectarian violence, harassment over attire for religious reasons and other religion-related intimidation or abuse.

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(March is Women’s History Month. Acton will be highlighting a number of women who have contributed significantly to the issue of liberty during this month.)

According to the religious liberties established under article 24, educational services shall be secular and, therefore, free of any religious orientation.

The educational services shall be based on scientific progress and shall fight against ignorance, ignorance’s effects, servitudes, fanaticism and prejudice.

All religious associations organized according to article 130 and its derived legislation, shall be authorized to acquire, possess or manage just the necessary assets to achieve their objectives.

The rules established at this article are guided by the historical principle according to which the State and the churches are separated entities from each other. Churches and religious congregations shall be organized under the law.

Mexico, 1917. The government under Benito Juarez constitutionalized an increasingly secular way of life, in order to “reform” Mexico and create a more modern state. A largely Catholic country, Mexico’s population found itself officially devoid of religion. The new constitution was used to criminalize religious gatherings, close churches and religious schools, arrest priests and religious for performing their duties, and essentially drove religion underground. Undeniably, the government set out to destroy the Catholic Church. (more…)

“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…)

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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“The past year has marked a shift in religious liberty debates,” notes Sarah Pulliam Bailey at Christianity Today, “one that previously centered on hiring rights but became focused on health care requirements.” Bailey put together a helpful timeline that shows a number of actions the government took in the past year, setting precedents and priorities on various issues affecting religious freedom.

Acton’s director of research Samuel Gregg tackles the question of religious liberty in Islamic states this morning, over at The American Spectator. In a piece titled “The Arab Spring’s Forgotten Freedom,” Gregg describes the tensions between Christians seeking religious freedom in the Middle East and the Islamic states they inhabit, and then looks hopefully to the source of a resolution.

For at least one group of Middle-Easterners, the Arab Spring is turning out to be a decidedly wintery affair. And if confirmation was ever needed, just consider the escalation of naked violence against Christians throughout the region. The recent instance of Egyptian army vehicles crushing and killing Coptic Christians protesting against a church burning was merely one of numerous incidents that must make Middle-Eastern Christians wonder about their future under the emerging new regimes.

These trends appear to confirm that despite all the current freedom-and-democracy talk, much of the Islamic world continues to suffer from one particularly severe blind spot when it comes to human liberty. And that concerns the acceptance and protection of authentic religious freedom.

Gregg points out that the Christian population of the Middle East has plummeted since 1900 (when it was about 20 percent) for ethnic and for political reasons.

Islam confronts two specific dilemmas that raise questions about its ability to accept a robust conception of religious liberty.

First, from its very beginning, Islam was intimately associated with political power. That’s one reason why there is no church-state distinction in Islam that limits (at least theoretically) the state’s capacity to coerce religious belief or unreasonably inhibit religious-shaped choices.

Second, since approximately the 13th century, the dominant theological understanding of God’s nature within Islam has been one of Voluntas (Divine Will) rather than Logos (Divine Reason). And this matters because if you believe in a God that can, on a mere whim, act unreasonably, then it isn’t so problematic for such a Divinity’s adherents to engage in plainly unreasonable practices such as killing apostates.

If, however, God is Logos, the case for religious liberty is much easier to make insofar as a reasonable God would never demand compulsion in religion. Why? Because as St. Augustine wrote long ago, “If there is no assent, there is no faith, for without assent one does not really believe.”

Gregg sees hope, however, in thinkers like Turkish journalist and devout Muslim Mustafa Akyol, whose recent book Islam Without Extremes makes the Islamic case for religious freedom. Though most Western religious thinkers do little to plead the cause of persecuted Middle Eastern Christians, Gregg thinks the central cause of the persecution, and thus the ultimate solution, is to be found in Islamic thought.

In the end, non-Muslims can’t resolve Islam’s religious liberty challenge. Only theologically educated, historically informed and believing Muslims can do that. In the meantime, those reading the Arab Spring as a uniformly-positive event might like to consider that it appears to be doing little to secure the freedom, if not the very existence, of ancient Christian churches, many of which were founded by people who in all likelihood knew Christ or his first disciples. The loss of such a civilizational and religious heritage would be immeasurable — and not just for Christianity, but for the future of liberty within the Islamic world itself.

Mustafa Akyol happens to be speaking today at a luncheon hosted by the Cato Institute. Acton’s executive director Kris Mauren will be providing commentary. If you are in Washington, D.C., you won’t want to miss it!

There are no more Christian churches in Afghanistan — not a single public house of Christian worship is left standing. In other news, NATO success against the Taliban may have been intentionally exaggerated, although we already knew that progress in that country is… slow. It’s no surprise, of course, that the United States hasn’t been able to establish self government-in-a-box in a country where, according to the State Department, religious liberty has declined measurably even in the last year.

Religious liberty must be at the heart of any free society, because if it is not protected, all other defenses are sure to fall. The abuses of Christians in Afghanistan violate not only their rights of conscience, but also their rights of property and even of free movement — their churches are seized and they are imprisoned. Contracts with Christians are not enforced, converts to Christianity are openly persecuted, and Afghan politicians approve of all of this.

We should not expect that in ten years our diplomats could have effected a constitutional transformation of Afghanistan. Liberty “is the delicate fruit of a mature civilization,” as Lord Acton said, “from the sowing of the seed at Athens, two thousand four hundred and sixty years ago, until the ripened harvest was gathered” in Western Europe. (He delivered that address in 1877, so you’ll want to update the numbers.)

But a backslide is cause for concern. It suggests that there is something wrong with the conception of human freedom that is motivating our efforts.

From an Aug. 26 Christian Post story. (HT: Mirror of Justice):

More than 100 religious organizations are urging members of Congress to reject pending legislation that would prohibit them from considering religion when hiring.

A letter – endorsed by such groups as World Vision, Association of Gospel Rescue Missions, U.S. conference of Catholic Bishops, and Union of Orthodox Jewish Congregations of America – was delivered Wednesday.

“The law has long protected the religious freedom of both the people who receive government-funded services, and the groups that provide the services – long before President Obama, and long before President Bush,” said Anthony R. Picarello Jr., general counsel of USCCB, in a statement. “Stripping away the religious hiring rights of religious service providers violates the principle of religious freedom, and represents bad practice in the delivery of social services.”

The groups are protesting a provision in HR 5466 – a bill introduce in the House in May that would reauthorize federal substance abuse treatment funding that is administered by the Substance Abuse and Mental Health Services Administration.

Sponsored by Rep. Patrick Kennedy (D-RI), the bill includes language banning faith-based groups from receiving federal funds if they consider religion in their hiring process.