Posts

Why Are Judges Only Concerned About Anti-Muslim Bias?

Central to the legal argument of those who oppose President Trump’s executive orders restricting travel to and from six Middle East nations is the idea that his campaign rhetoric invalidates the executive orders.

In her decision against the executive order, US District Judge Leonie Brinkema from Virginia wrote, “Absent the direct evidence of animus presented by the Commonwealth, singling out these countries for additional scrutiny might not raise Establishment Clause concerns; however, with that direct evidence, a different picture emerges.” Brinkema admits that the executive order would likely have been found constitutional had it been given by any other president. She goes on to explain her opinion that President Trump’s campaign rhetoric suggests that the order “was not motivated by rational national security concerns” but “religious prejudice.”

US District Judge Derrick Watson from Hawaii concurred. Watson reasons that Trump’s comments on the campaign trail represent “significant and unrebutted evidence of religious animus driving the promulgation of the Executive Order,” and that such animus was enough to violate the Constitution, even though nothing in the order is inherently illegal.

It is concerning that the precedent being set by these court decisions is that the author’s statements about the law determines its legality, not the actual text of the laws themselves. Presumably, this means any action taken by President Trump affecting Muslims will be declared unconstitutional.

Why wasn’t this novel legal standard applied to the previous administration’s actions affecting Christians, especially considering the administration’s animus toward those holding traditional religious values?

Amid the 2008 presidential primary season, then-Senator Obama, speaking of small town Americans, said that they were “bitter” and that they “cling to guns or religion.” By clearly demonstrating “religious prejudice” and “significant and unrebutted evidence of religious animus” toward conservative Christians, Obama’s comments could have been used to find his actions affecting conservative Christians unconstitutional, at least according the logic of the aforementioned judges.

Funny enough, Obama’s comments weren’t used to find his actions affecting Christians unconstitutional, and not for lack of opportunities. Obama administration executive orders and legislation often ended up in court on the grounds of religious freedom involving Christians, most prominently Hobby Lobby and the Little Sisters of the Poor.

Martin Castro, the Obama-appointed chairman of the US Commission on Civil Rights, declared that “religious liberty” and “religious freedom” were nothing but “code words for discrimination, intolerance, racism, sexism, homophobia, Islamophobia, Christian supremacy or any form of intolerance.” Any reasonable person would interpret these statements as anti-Christian animus. As the head of a major federal agency, Castro’s words clearly carry weight. So why do his rhetoric and the similar statements of others in the Obama administration never seem to come up in religious freedom cases involving Christians? Why are separate standards applied in cases based on the religion in question?

The appropriate conclusion is clear: The religious liberty of Christians is not valued by mainstream America in the same way that the religious liberty of other religions is. And even more disappointing, the religious liberty of Christians isn’t valued by the courts in the same way other religions are.

As President Trump fills out the more than 100 judicial vacancies, he should make the issue of religious liberty a top priority in his selections. Judge Neil Gorsuch is a great start. Let’s hope this emphasis on religious liberty continues to be reflected in lower court appointments, too.

 

James Silberman is a guest contributor to the FPIW Blog. He is a pro-life activist from Gig Harbor, WA, and a student at Whitworth University.

FPIW Joins Effort to Encourage Trump to Protect Religious Freedom

FPIW has joined with dozens of pro-family organizations asking President Trump “to swiftly sign a broad religious freedom Executive Order protecting the right of all Americans to freely live out their faith.”

In a letter to President Trump, Vice President Pence, Speaker Ryan, and Majority Leader McConnell, the organizations call on the new presidential administration and Congress to reverse President Obama’s attacks on religious freedom and enact strong protections for the sacred right.

The letter evokes many high profile religious liberty cases of the last eight years, including Hobby Lobby, Little Sisters of the Poor, Illinois Catholic Charities, and Sweet Cakes by Melissa:

“Under his ‘hallmark achievement’ (Obamacare) alone, the Obama Administration attempted to: force Christian family-owned businesses like Hobby Lobby to pay for drugs and devices that can cause early abortions, force Christian charities like the Little Sisters of the Poor to include those same drugs in their healthcare plans, and contravene longstanding federal policy protecting Americans from being forced to fund abortions against their religious beliefs. …

“Families in our states have felt the impact of the disregard and disdain for religious freedom from the federal level. Frequently, state non-discrimination laws have been used as a weapon to punish people of faith and prevent them from earning a living— unless they comport their businesses in the image of the government’s viewpoints. The Kleins in Oregon are a tragic example—Melissa Klein lost her bakery business and was forced to pay a fine of over $100,000 simply because as a family-owned business operated in accordance with the Kleins’ deeply held beliefs, they disagreed with using Melissa’s cake-decorating talents to participate in a same-sex wedding. Illinois Catholic Charities—an organization that partnered with government to serve the state’s poor and neglected children for over 40 years—was forced to shut down rather than comply with the government’s rule requiring them to abandon the core convictions that motivated their charity in the first place.”

It also details the Obama Administration’s attempts to limit religious liberty to a more restricted “freedom to worship”:

“The Administration unsuccessfully argued that the First Amendment does not exempt churches from employment discrimination laws, even when hiring their own pastors and teachers. Ironically, in the name of ‘preventing discrimination,’ President Obama issued an Executive Order in 2014 that discriminates against faith-based entities by preventing them from contracting with their own government unless they forfeit their religious beliefs about human sex and sexuality. One final example is the Obama Administration’s regular use of the term ‘freedom of worship’ instead of ‘freedom of religion’—implying a deep misunderstanding about the depth of First Amendment protections. We are guaranteed the right to freely live out our faith in all aspects of life—not just the freedom to worship our God within the four walls of our church or home.”

The letter concludes by asking President Trump to sign an executive order protecting religious liberty, much like the proposed executive order that was leaked earlier this month:

“A broad religious freedom Executive Order affirming that persons and organizations do not forfeit their religious freedom when providing social services, education, or healthcare; earning a living, seeking a job, or employing others; receiving government grants or contracts; or otherwise participating in the marketplace, the public square, or interfacing with local, state, or federal governments is an excellent and vital first step to truly make religious freedom great again. Congress should follow your lead to pass strong religious freedom protections into law.”

Click here to read the letter in its entirety.

Write to President Trump and ask him to sign the executive order: https://www.whitehouse.gov/contact#page.

U.S. Supreme Court to Hear Little Sisters of the Poor Case

The U.S. Supreme Court has decided to hear the lawsuit filed by Little Sisters of the Poor, a group of nuns who objected to the Obamacare mandate that requires employer insurance plans to provide contraceptives.

To read more on the case’s background and history, visit the case page at Becket Fund for Religious Liberty.

Several colleges are also expected to join the case against the mandate, citing religious objection, claiming that the religious exemption supposedly offered by the Affordable Care Act is not sufficient to exempt many religious organizations.

“Efforts to force nuns to buy contraceptives are not only counterproductive, but they are contrary to the values of individual rights and religious freedoms,” said Joseph Backholm, Executive Director of the Family Policy Institute of Washington.  “Like other mandates, we hope the Supreme Court will again halt this overreach by the federal government.”

The Supreme Court is expected to begin hearing oral arguments in the Spring 2016.