Religion clauses

  • September 7, 2012

    by Jeremy Leaming

    We’ve heard it for decades from the Christian Right that the nation’s public schools are hostile to religion, prohibiting students from praying or engaging in other religious activities. It is rhetoric that has helped fuel the so-called culture wars. The rhetoric is also blatantly misleading.

    There were a couple of U.S. Supreme court cases in the 1960s that prohibited organized religious activities in the public schools. But neither case, regardless of the shrill cries of Christian Right leaders, prohibited truly voluntary student prayer. The concept was fairly straight forward. Public school officials are government employees and the First Amendment’s establishment clause bars the government from demanding that people, including students, pray or engages in religious activity. The free exercise clause of the First Amendment provides that government must be neutral toward religion and cannot take undue action to interfere with religious practices.

    So those two high court cases – Engel v. Vitale and Abington v. Schempp – did not ban religion from the schools. Students can pray in school on their own time, such as moments before a test, or with other students, as long as such activity is not disruptive of the school’s mission to teach reading, writing, math, history, and science.  

    Nonetheless, those high court cases have been twisted by Christian Right lobbying groups, such as Focus on the Family, the Family Research Council, American Family Association, and TV preachers such as Pat Robertson, to help their campaign to portray America’s public places, even limited ones like public schools, as hostile to Christianity. Government officials they often argue are bent on banishing religion and Christianity in particular, from the public square.

    The misinformation has caused great confusion in the public schools about religion’s proper place. But the First Amendment Center’s Charles Haynes, director of the Religious Freedom Education Project at the Newseum, has spent decades trying to straighten things up.

    In a piece for the First Amendment Center’s website, Haynes says progress is being made.

  • July 30, 2012
    Guest Post

    By Sarah Lipton-Lubet, ACLU Washington Legislative Office, and Brigitte Amiri, ACLU Reproductive Freedom Project. This piece is crossposted at the ACLU’s Washington Markup blog.


    A federal court in Colorado recently put a temporary halt on the implementation of the Obama administration’s contraceptive coverage rule, with respect to one company. The contraceptive coverage rule requires insurance plans to cover contraception and stop routinely discriminating against women. The decision, if upheld, could pave the way for businesses to use their owners’ religion as an excuse to discriminate. 

    Here’s what happened, in a nutshell: Hercules Industries is a manufacturer of heating, ventilation, and air conditioning products that employs 265 workers. It argued that the contraceptive coverage regulation violated the company’s religious liberty because its owners are opposed to the use of birth control. Two similar lawsuits have been filed by other businesses, one in Michigan and one in Missouri. 

    Businesses exist to make money through commercial activity. By definition, their purpose is profit, not religious exercise. And for decades, the Supreme Court has recognized that entering into commercial activity means accepting that your faith cannot be imposed on those you employ. But Hercules Industries seeks to upend that common-sense rule. In its place, it proposes a theory that would let a business owner’s beliefs trump protections designed to safeguard workers – a radical break from our laws as we know them.

  • July 5, 2012
    Guest Post

    By Sarah Lipton-Lubet, ACLU Washington Legislative Office. This piece is cross-posted at the ACLU’s Washington Markup.


    Last week, as the nation paid rapt attention, the Supreme Court upheld the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius.  The decision is especially critical for women, who are more likely to suffer gaps and discrimination in their health care coverage.  Importantly, it means that the contraceptive coverage rule – which ensures access to affordable birth control for millions of women across the country – is still in place.

    That same day, the Supreme Court made a second decision about the ACA to a much quieter reception.  The Court declined to hear Seven-Sky v. Holder, a case alleging that the ACA’s individual mandate provision violates the Religious Freedom Restoration Act (RFRA), a statute that precludes federal laws from placing a “substantial burden” on religious exercise unless the government has a compelling interest in enacting the law.  Here, the plaintiffs argued that they “believe in trusting in God to protect [them] from illness or injury,” and therefore did not “want to be forced to buy health insurance coverage.”

  • May 22, 2012

    by Jeremy Leaming

    University of Notre Dame’s religious leader the Rev. John Jenkins claims the string of federal lawsuits challenging the Obama administration’s health care policy on birth control is all about protecting religious freedom. But in reality the lawsuits are on wobbly legal ground, and Jenkins’ assertion about protecting a cherished First Amendment freedom is tired.    

    Like a federal lawsuit lodged earlier this year on behalf of Ave Maria University, a Catholic institution in Florida, the new lawsuits argue that a portion of the health care reform law requiring insurance companies to provide birth control to employees, including ones at religious institutions, is a serious affront to the religious institutions’ free exercise of religion rights.

    The Affordable Care Act, however, does not single out religious entities for unheard of treatment. Instead it is a law of general applicability, meaning it covers secular and religious institutions. There are all kinds of laws of general applicability, which may offend religious beliefs, but do not amount to a violation of the free exercise of religion.

    Nonetheless, the religious groups are apparently counting on judicial activism from some of 12 federal courts where their lawsuits have been lodged. In a press release about his school’s lawsuit, Jenkins stuck to the religious liberty canard, saying it “is about the freedom of religious organizations to live its mission ….”

    Irin Carmon, reporting for Salon on the religious groups’ legal actions, agrees with Angela Bonavoglia’s assertion that “this struggle is part of a larger crackdown by conservative hierarchy against liberal elements within it – chiefly, women, including nuns.”

    Others such as the public interest group Americans United for Separation of Church and State say the Catholic organizations are looking to the courts to help them revive faltering church doctrine.

  • May 1, 2012

    by Jeremy Leaming

    Tennessee lawmakers appear to be itching for national attention, regardless of how buffoonish their actions. Or more likely the lawmakers that passed measures attacking science education and making a sham of sex education are only interested in pleasing localized interests, such as Christian right activists.

    Yes, the rest of the country has taken note of the fatuous measures successfully pushed by state Rep. Jim Gotto and Sen. Bo Watson.

    Gotto’s measure, which has been sent to the governor, declares that only abstinence can be discussed in sex education courses, meaning no discussion of so-called “gateway sexual activity,” which according to the bill is “sexual conduct encouraging an individual to engage in non-abstinent behavior.” TPM reports that groups like Planned Parenthood that provide sex education information to the schools “could face $500 fine,” for violating the measure.

    Will Gotto’s prudish measure do anything other than draw ridicule? On the national stage, ridicule is likely all Gotto’s measure will garner. But his measure is likely not aimed at curbing unwanted pregnancies or garnering praise from other states. It’s all about pleasing a constituency stuck somewhere in the 1950s. If the representative were truly concerned about teenage pregnancy and birth rates, he would have not have advocated for abstinence-only rhetoric.

    Studies overwhelmingly show abstinence-only policy is not sound education. Late last year researchers from the University of Georgia found that states using abstinence-only programs in public schools have far higher teenage pregnancy and birth rates than those states that have comprehensive sex education programs. Kathrine Stranger-Hall, a science professor at the university, said, “Our analysis adds to the overwhelming evidence indicating that abstinence-only education does not reduce teen pregnancy rates.”

    The other bill, pushed by Sen. Watson, has already become law, and also harkens to the past. Tennessee has a history of fighting science, but it is not alone in fighting evolution, the cornerstone of biology. Kansas drew nationwide attention in the late 1990s and again in 2005 for its effort to push evolution from the science curriculum.

    Since the U.S. Supreme Court ruled that the Bible’s creation story could not be taught alongside evolution in science courses, Christian Right activists have been working year after year to find a way to circumvent the Supreme Court.