Tag archives: Religious Liberty

Fashion Isn¿t the Most Important Thing to Come Out of Milan

by Chris Gacek

November 19, 2014

If you have some time, watch FRC’s lecture with Jim Tonkowich discussing his new book, The Liberty Threat: The Attack on Religious Freedom in America Today. One particularly interesting aspect of the talk was Tonkowich’s discussion of the rise of religious freedom during the Roman Empire. Of particular importance was the Edict of Milan of 313 A.D. Read George Weigel’s First Things blog on this important document. Referencing the great church historian Robert Louis Wilken (The First Thousand Years), Weigel describes the document’s foundational significance in Western political thought and practice:

[The Edict] involved all religions, not just Christianity; it went beyond mere toleration and embodied a more robust idea of religious freedom, based on the conviction that true faith and true worship cannot be compelled; and it treated the Church as a corporate body with legal rights, including property-owning rights. Thus the not-really-an-Edict of Nicomedia and Elsewhere cemented into the foundations of the West ideas first sketched by the Christian philosopher Lactantius: that coercion and true religious faith don’t mix because “God wishes to be adored by people who are free” (as Joseph Ratzinger would rewrite Lactantius a millennium and a half later, in the 1986 Instruction on Christian Freedom and Liberation). The rather humane provisions of the mis-named “Edict of Milan” were not infrequently ignored in subsequent Western history; but that doesn’t alter the fact that the “Edict” had a profound and, in many respects, beneficial influence on the future of the West.

(Weigel quotes a passage from Wilken revealing that the Milanese origins of the documents putting the policy into effect arose from meetings between Emperors Constantine and Licinius during a state wedding.)

So, watch the lecture and learn other interesting things that will impress your friends and confound your opponents.

Ministers: Beware

by Travis Weber

October 20, 2014

As if the over-stepping Houston major’s office subpoenaing sermons and other private communications of pastors wasn’t enough, we now receive news of two elderly ministers being told by city officials that any refusal to marry a same-sex couple could cause them to face up to 180 days in jail and $1,000 in fines for each day they decline to do so.

For many years, the husband and wife team of Donald and Evelyn Knapp have presided over wedding services across the street from the local county clerk’s office in Coeur d’Alene, a beautiful city in North Idaho. Now, they are told they have to conform to their city’s iron-fisted demand that they “marry” men to men and women to women.

In other words, from the city to the ministers: Your religious liberty doesn’t really mean a thing when it comes to the new sexuality; you must come into line in accord with our views. When the city says something related to human sexuality should be accepted, that’s the final word.

For years, we have also been told by gay-marriage advocates that no harm would come from legalizing same-sex marriages. No one would be forced to participate.

Yet it seems that day has arrived. Court-issued stays have been lifted, and gay marriages have started to proceed in Idaho. Now a minister is being told by his government that he must officiate at these “marriages.”

Now that we are past the point where we were told the gay-rights crusade would stop, should we expect it to just stop here? I’ve grown doubtful of such expectations, as the advocacy and pressure for acceptance continue full steam. No, this crusade will likely continue until all are forced to approve.

These developments have occurred incrementally. As Albert Mohler points out, “[t]his is how religious liberty dies. Liberties die by a thousand cuts. An intimidating letter here, a subpoena there, a warning in yet another place. The message is simple and easily understood. Be quiet or risk trouble.”

How true. We are more in danger of remaining apathetic to threats to our freedom when the individual threats just don’t appear to be a big deal. The danger is in the accumulation, though. Hopefully, for many, this latest “increment” will be too big to ignore.

Snoops on the Stoops of the Church

by Tony Perkins

October 15, 2014

When it comes to illegal surveillance, it looks like the NSA has some competition. In a story that’s making Texans’ heads spin, the Houston P.C. police — the same Council that passed an LGBT ordinance this year — is subpoenaing sermons, emails, and even text messages from local pastors to see if they’re promoting a voter referendum to overturn the measure.

The jaw-dropping move — one in a long line of Houston’s “gotcha” government — is only fanning the flames of outrage over the city’s totalitarian tactics. Even for Houston’s radical leadership, this is an affront to the plain language of the First Amendment, which not only gives churches the right to speak freely but the individuals leading them as well! “City council members are supposed to be public servants, not ‘Big Brother’ overlords who will tolerate no dissent or challenge,”said Alliance Defending Freedom’s Erik Stanley. “In this case, they have embarked upon a witch-hunt, and we are asking the court to put a stop to it.”

Yesterday, ADF filed a motion in court to stop the senseless monitoring of churches. “The message is clear,” they explain, “oppose the decision of city government, and drown in unwarranted burdensome discovery requests… Not only will the pastors be harmed if these discovery requests are allowed, but the People will suffer as well. The referendum process will become toxic and the People will be deprived of an important check on city government.”

It’s a sad commentary on our times that a nation founded by church leaders is trying to muscle those same religious voices out of the political process. Obviously, there’s no limit to how low the Left will stoop, and how many laws it will break, to impose its agenda on unwilling Americans.

 

In the name of religious rights for prisoners

by Travis Weber

October 7, 2014

Today oral argument will be heard by the Supreme Court in Holt v. Hobbs, a case in which a Muslim prisoner is seeking to grow a ½ inch beard in compliance with his religious faith. The prison policy at issue actually permits ½ inch beards, but only for medical reasons. For this marginalization of his religion, Mr. Holt has sued under the Religious Land Use and Institutionalized Persons Act (RLUIPA), and is asking the Court to apply strict scrutiny (the same high standard of protection for religious rights required by RFRA and affirmed by the Supreme Court in Hobby Lobby) and protect his religious rights in the face of a discriminatory prison policy.

Many see the importance of protecting religious rights for prisoners, including those who have personally benefitted and come to faith through access to religious programs in prison. My law school colleague Jesse Wiese, now advocating for prisoners at the Justice Fellowship, is one of these; he has written about his experiences in support of Mr. Holt’s religious claim in this case. A win for Mr. Holt under RLUIPA in this case will protect all prisoners, regardless of faith. Along with protecting a Muslim prisoner who wants to grow a beard to a reasonable length (in keeping with the prison’s need to maintain order and discipline), the application of strict scrutiny here will strengthen the law’s protections for Jewish prisoners seeking dress or grooming accommodations, or those seeking access to Bible studies in prison. As it is said, a win for religious freedom for one is a win for religious freedom for all.

Moreover, a win for Mr. Holt here will strengthen protections for religious exercise in public spaces in the United States, something that groups like the Freedom From Religion Foundation just can’t stand. Religion always has occupied a unique role in the public life of our country. We can expect the Supreme Court to again affirm that principle with a ruling for Mr. Holt in this case.

Sudan must redress Meriam’s new plight along with its legal system, which is already leading to other apostasy charges

by Travis Weber

June 24, 2014

Just when it looked like Sudanese mother Meriam Ibrahim and her two children would finally be free from the grip of injustice, they were snatched back into the clutches of the Sudanese authorities, who detained them when they arrived at an airport to leave Sudan today. Though it’s unclear on what basis they are being detained, we call on Sudan to immediately release Meriam and her children. In addition, the United States government, specifically Secretary of State Kerry and the U.S. Embassy in Khartoum – must pursue high level engagement on Meriam’s case. Sudan needs to know that the United States and its high level officials are watching whether Sudan pursues justice or regresses backwards into permitting the unjust detention of Meriam and her children to occur once again.

Yesterday, in a heartening turn of events, a Sudanese appeals court overturned a lower court ruling in which Meriam had been sentenced to death for apostasy and 100 lashes for adultery. According to Sudan’s official SUNA news agency (as reported by the Independent), “The appeal court ordered the release of Mariam Yahya and the cancellation of the (previous) court ruling.”

This was certainly a good bit of news, as numerous human rights organizations and governments had pressured Sudan and called on the ruling to be reversed. The U.S. government had been slow to respond, however, only recently issuing statements bearing on the matter. Numerous groups had spoken and petitioned on Meriam’s case, including the Family Research Council. And in Sudan, Meriam’s attorneys had filed appeals and vowed to fight to the end.

It is important to note that the Sudanese court ordering Meriam’s release got this issue right. Yet her re-arrest appears arbitrary – no basis for her detention has been offered – and it will be increasingly harmful to Sudan’s relations with the United States and the other countries outraged by the original charges against Meriam. Moreover, in the eyes of the many of the activists and NGOs which have spoken out on her case, Sudan’s reputation as a just and reasonable country will continue to degrade until it safely releases this family and allows them safe passage out of the country. 

Many have made their voices heard around the world on Meriam’s case. In addition, however, voices within Sudan have made it known that they wanted justice for Meriam too. Here, Muslim men (Meriam’s Sudanese attorneys) are defending a Christian woman (Meriam) in her quest for justice. These attorneys strongly believe in her case, and despite receiving death threats for defending a Christian, they vowed to fight to the end and exhaust all appeals. Furthermore, other Muslims in Sudan have been demonstrating on Meriam’s behalf.

While her attorneys and others in Sudan were on her side, not everyone was happy with Meriam’s freedom. When she was released, Meriam had to go into hiding due to threats against her life. Now, as she is trying to leave the country along with her family, she is being detained by Sudanese national security forces for an unknown reason. We call on Sudan to immediately release Meriam in accordance with the court order overturning her conviction and sentence. In addition, Secretary of State Kerry and the U.S. Embassy in Sudan must pursue high level engagement on Meriam’s case. Sudan needs to know that the United States and its high level officials are watching whether Sudan pursues justice or regresses backwards into permitting the unjust detention of Meriam and her children to occur once again. Sudan is close to bringing justice to Meriam, and must not fail her now.

We have witnessed Meriam’s attorneys and the protesting crowds expressing their support for Sudan to take ownership of this issue and be ready to handle religious freedom challenges when they inevitably arise in the future, for this issue is not going away. Indeed, it has already shown itself again: On April 2, 2014, Sudanese police arrested Faiza Abdalla near Sudan’s eastern border. Though details are scant, it appears that Abdalla, whose parents converted to evangelical Christianity before her birth and raised her in the same faith, was arrested because she has a Muslim name and yet professed Christianity. Her Catholic husband fled Sudan two years ago because of persecution, Morning Star News reported. As in the case of Meriam Ibrahim, Sudanese officials voided her marriage and accused her of apostasy when she refused to deny Christianity.[1]

There is no reason for these cases to recur—Sudan’s apostasy laws are inconsistent in light of the commitments it has made under its Constitution and international agreements, and must be repealed. Sudan’s 2005 Interim Constitution states that the government “shall respect the religious rights to … worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes.”[2] Article 18 of the International Covenant on Civil and Political Rights, to which Sudan is a party, states: “[e]veryone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”[3] The African Charter on Human and Peoples’ Rights states, to which Sudan is a party, states that the “[f]reedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.”[4]

 

Sudan’s apostasy laws are in conflict and inconsistent with these legal authorities, which provide a religious freedom that includes the freedom to choose one’s beliefs. Sudan has given its word and agreed to abide by these sources of authoritative law, and yet the apostasy laws under which Meriam was jailed and Faiza is detained are still being used to work injustice in Sudan. As a matter of integrity for the Sudanese nation and its legal system, and to avoid ongoing and future injustices like Meriam’s and Faiza’s, Sudan must repeal its apostasy laws.



[1] 2nd Sudanese Woman Jailed for Her Faith, Baptist Press, May 28, 2014, http://www.bpnews.net/printerfriendly.asp?id=42656.

[2] 2005 Interim National Constitution of the Republic of Sudan, art. 6.

[3] International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), art. 18, 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976 [hereinafter ICCPR].

[4] Organization for African Unity, African Charter on Human and Peoples’ Rights, art. 8, June 27, 1981, CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982).

Annual Defense Authorization Bill Passes the House with Religious Liberty Provision

by Leanna Baumer

May 22, 2014

Despite two years of Congressional efforts to affirm a service member’s freedom to practice and express their faith in the military, confusion over the scope of that freedom persists, particularly in the Air Force. Noting that confusion’s detrimental effect on troop morale, Congressman Doug Lamborn (R-Colo.) introduced an amendment to the House version of the Fiscal Year 2015 National Defense Authorization Act which calls upon the Department of Defense and the Air Force to issue clearer regulations regarding religious expression. Last night, the House unanimously approved that amendment and today the House passed the overall Defense authorization bill (H.R. 4435) by a bipartisan vote of 325 to 98.

Policy vagueness on something as fundamental as an Airman’s ability to exercise his First Amendment rights ultimately restricts rights and hurts service members. That’s a reality Congressman Lamborn has witnessed firsthand in his own Congressional District at the U.S. Air Force Academy in Colorado Springs, Colorado.

Earlier this spring, national headlines drew attention to the fact that the simple posting of a Bible verse on a personal white board was deemed offensive enough to start an Academy investigation and prompt command pressure to remove the quote. Such a harsh response to a minor and non-confrontational reference to one’s personal beliefs reveals the topsy-turvy approach towards religious expression in the Air Force at present. Whereas most reasonable people expect to encounter opinions in life with which they don’t agree, the country’s elite future war fighters are being schooled to think that a potential personal objection to another’s opinions are justifiable grounds for viewpoint censorship.

Of course, cultivating true leadership traits means cultivating the ability to listen to those with whom you may not agree — a skill undermined when future officers are instructed repeatedly to claim offense at another individual’s exercise of their freedom of religion. Indeed, several scholars with the U.S. Army War College recently drew attention to this point, noting that even the mere perception of hostility towards faith in the military has a detrimental impact on morale and the cultivation of virtue in the ranks.

Congressman Lamborn’s amendment recognizes that current policy needs to be revised in order to better reflect the law, provide clarity to commanders, and furnish certainty for men and women of faith in our military. Though the Air Force has indicated in recent weeks that it may review its policies, House passage of H.R. 4435 today ensures that they take that mandate seriously.

Archives