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What Trump’s Religious Freedom Directives Actually Do

January 17, 2020 by GregC

Listen to “What Trump’s Religious Freedom Directives Actually Do” on Spreaker.

On Thursday, President Trump issued nine rules designed to protect religious organizations from discrimination by the federal government.  He’s also taking steps to protect free religious expression in the public schools.

What is the current law concerning religious expression in government-funded schools? How closely are those laws currently being followed?  What are Trump’s orders designed to do? And what leverage does the government have against schools that refuse to accommodate that expression?

Family Research Council Vice President for Policy and Government Affairs Travis Weber joins Greg Corombos to address those questions and more.

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Filed Under: News & Politics, Podcasts Tagged With: freedom, news, religious, schools, Trump

‘A Tremendous Day for Freedom’

June 26, 2017 by GregC

http://dateline.radioamerica.org/podcast/6-26-staver-blog.mp3 http://dateline.radioamerica.org/podcast/6-26-waggoner-blog.mp3

Religious liberty activists are celebrating Monday, after the U.S. Supreme Court ruled decisively in favor of a Missouri church that sued the state, alleging it was wrongfully denied state grant money for a playground upgrade in violation of the free exercise clause of the first amendment.

The 7-2 decision in favor of the church included liberal justices Elena Kagan and Stephen Breyer joining with the four conservative justices and moderate Anthony Kennedy in the majority opinion authored by Chief Justice John  Roberts.  Justice Sonia Sotomayor wrote a stinging dissent that was joined by Justice Ruth Bader Ginsburg.

Trinity Lutheran Church applied for state funds being offered by the state to upgrade the surface of playgrounds to rubber made from shredded tires.  The request was denied by Missouri officials, suggesting the money would constitute state endorsement of of a particular religion or denomination.

Chief Justice Roberts says Missouri held Trinity Lutheran Church to an unconstitutional standard.

“The State in this case expressly requires Trinity Lutheran to renounce its religious character in order to participate in an otherwise generally available public benefit program, for which it is fully qualified. Our cases make clear that such a condition imposes a penalty on the free exercise of religion that must be subjected to the “most rigorous” scrutiny,” wrote Roberts.

“The State has pursued its preferred policy to the point of expressly denying a qualified religious entity a public benefit solely because of its religious character. Under our precedents, that goes too far. The Department’s policy violates the Free Exercise Clause,” he added.

” [T]he exclusion of Trinity Lutheran from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution all the same, and cannot stand. The judgment of the United States Court of Appeals for the Eighth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion,” concluded Roberts

The Alliance Defending Freedom worked with Trinity Lutheran on this case.  Senior Vice President of U.S. Legal Advocacy Kristen Waggoner says this was a huge verdict for the cause of religious freedom.

“I think today’s decision is a tremendous day for freedom.  The court ruled very clearly that discrimination against people of faith and religious groups is unconstitutional,” said Waggoner.

Waggoner says this was discrimination pure and simple.

“In the text of the law, the state was discriminating against this church because of who it was.  The government can’t do that.  Neither the establishment clause nor the free exercise clause permit class-based discrimination against people of faith and that’s exactly what this was,” said Waggoner, noting that the state’s argument could be extended to deny fire and police protection from churches.

Liberty Counsel Chairman Mathew Staver says this decision is even more pivotal than that.  He says a decision in favor of Missouri would have massive consequences in arenas ranging from education to health care.

“That would mean that vouchers – when parents provide vouchers to a school of their own choice – could be blocked across the country,” said Staver.

“It also could mean that, in fact, hospitals that are religiously affiliated, particularly those that are affiliated with churches…could be disqualified from treating Medicaid and Medicare patients for the same reason,” said Staver.  “The good news is that’s not the direction the court went.”

Waggoner sees Monday’s decision as a ray of sunshine after what she sees as a long string of high court rulings against religious and she hopes a new trend is beginning.

“Over the course of the last two years, we’ve seen a number of bad laws and bad lower court rulings that have eroded our freedoms.  Today’s decision, I think, that that pendulum is swing back towards freedom, which benefits everyone,” said Waggoner.

She also says the gravity of this decision can be seen in the intensity of Sotomayor’s dissent.

“This case is about nothing less than the relationship between religious institutions and the civil government—that is, between church and state. The Court today profoundly changes that relationship by holding, for the first time, that the Constitution requires the government to provide public funds directly to a church,” wrote Sotomayor.

“Its decision slights both our precedents and our history, and its reasoning weakens this country’s longstanding commitment to a separation of church and state beneficial to both,” she added.

Staver says Sotomayor has a wrong understanding of history and of the Constitution.

“The intent of the Constitution never ultimately wanted to put this huge separating wall so that you can’t ever have any interaction.  The first amendment is designed to prevent an establishment of religion, a preferential treatment of religion or a religious denomination over another, not equal treatment,” said Staver.

Staver also challenges another assumption Sotomayor made in her dissent.

“Today’s decision discounts centuries of history and jeopardizes the government’s ability to remain secular,” wrote Sotomayor.

Referencing one of the nation’s early justices, Staver says secularism was never understood to be the posture of government in the early days of the republic .

“Justice Joseph Story said that the first amendment was designed to encourage religion, so far as it’s not incompatible with the rights of conscience.  It was designed to prohibit rivalries among denominations …not to remain secular,” said.

Story served on the high court from 1811-1845.  Staver says if that’s not an early enough interpretation of the government’s relationship with religion, the founders themselves were pretty clear as well.

“Thomas Jefferson, John Adams, all the founders, they consistently said that the people had to be religious and moral.  Therefore, people needed to be taught Christian principles even in the public schools, so they would have a moral people, so that our liberty would be preserved,” said Staver.

“It’s frankly shocking (for Sotomayor) to suggest that this is centuries of history that the government is to remain secular.  That’s absolute nonsense,” he added.

Neither Staver nor Waggoner appear concerned about the debate among the more conservative justices about the scope of this ruling.  The majority opinion includes a footnote from Roberts that seems to limit the decision to the present circumstances.

“This case involves express discrimination based on religious identity with respect to playground resurfacing. We do not address religious uses of funding or other forms of discrimination,” he wrote.

In a concurring opinion, newly-minted Justice Neil Gorsuch acknowledged the specifics of the case but argued that the ruling had farther-reaching impact.

“Of course the footnote is entirely correct, but I worry that some might mistakenly read it to suggest that only “playground resurfacing” cases, or only those with some association with children’s safety or health, or perhaps some other social good we find sufficiently worthy, are governed by the legal rules recounted in and faithfully applied by the Court’s opinion,” wrote Gorsuch.

“Such a reading would be unreasonable for our cases are “governed by general principles, rather than ad hoc improvisations,” he wrote.

Waggoner sees the debate over the footnote as a “red herring” offered up by people looking to diminish the decision.  Staver hailed Gorsuch’s approach.

“It is a great opinion by Gorsuch because it shows that he is committed to the original understanding and intent of the Constitution,” said Staver.  “I think it really bodes well for the future that we’ve got a great justice who is precise and will be committed to the original understanding of the Constitution,” said Staver.

Both lawyers were also pleased to see the Supreme Court agree to hear to case of Masterpiece Cakeshop v. Colorado Civil Right Commission.  It’s at the center of the conscience debate that will set a major precedent in determining whether artistic merchants can decline certain projects if those jobs conflict with their closely held personal beliefs.

Christian vendors declining services for same-sex ceremonies are at the heart of this debate at the moment.  Waggoner says that case cuts to the core of freedom in America.

“What we’re finding is that Christians who are in the creative profession are being forced to choose between their professions and their business and their beliefs on marriage,” said Waggoner.

“Every American should be free to choose the art that they create and they shouldn’t fear unjust government punishment for not agreeing with the government’s ideology on any issue, especially marriage between one man and one woman,” said Waggoner.

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Filed Under: News & Politics, Podcasts Tagged With: Court, Gorsuch, Liberty, Lutheran, Missouri, news, playground, religious, Roberts, Sotomayor, Supreme, Trinity

‘They’re Wrong!’

February 16, 2017 by GregC

http://dateline.radioamerica.org/podcast/2-16-waggoner-blog.mp3

Lawyers for a Christian florist vow a vigorous appeal to the U.S. Supreme Court after a state supreme court ruled unanimously Thursday that their client violated anti-discrimination laws by refusing to provide floral arrangements for a same-sex wedding.

All nine justices ruled for the State of Washington and plaintiffs Robert Ingersoll and Curt Freed and against Baronelle Stutzman and her store, Arlene’s Flowers and Gifts.

“Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation,” wrote Justice Sheryl Gordon McCloud in the court’s opinion.  The court further stated that the state’s anti-discrimination law does not infringe upon Stutzman’s freedom of religious expression.

The Alliance Defending Freedom, which is defending Stutzman, begs to differ.

“They’re wrong,” said Alliance Defending Freedom Senior Counsel Kristen Waggoner, who argued Stutzman’s case before the Washington State Supreme Court.

“We’re deeply disappointed with today’s court decision.  The first amendment protects Baronelle’s rights as a small business owner and a creative professional.  She has loved and respected everyone who has walked into her store.  She served this gentleman (Ingersoll) for nearly ten years and simply declined an event, one ceremony that was a religious ceremony because of her religious convictions,” said Waggnoner.

While not stunned by a liberal court ruling against her client, Waggoner says it’s a mind-boggling ruling when the state conceded the crux of Stutzman’s case.

“Even in oral arguments, the Attorney General of the State of Washington conceded that Baronelle’s design of custom arrangements was expression.  The court’s opinion says she intended to convey a message.  The first amendment clearly protects this activity and these designs as pure speech,” said Waggoner, who says Stutzman will appeal the case to the Supreme Court.

Washington State Attorney General Robert Ferguson is making name for himself.  In addition to vigorously prosecuting Stutzman, Ferguson also took the lead in challenging President Trump’s executive order on travel from seven nations plagued by Islamic terrorism.

Waggoner says Ferguson is clearly trying to make an example of Stutzman.

“One wonders why it was so personal and vindictive.  If it was about the principle of law, the attorney general could have just sued Baronelle’s business.  Instead, he chose to pursue her in her personal capacity.  The ACLU has also been behind this.  They also sued on behalf of clients in this case.  They also are suing her personally.  Everything she own’s is at risk,” said Waggoner.

“The civil fines are relatively low.  The court hasn’t decided in terms of what she must pay the couple that’s represented by the ACLU.  But where the stick is and the real threat to business owners and creative professionals is in the attorneys’ fees.  She’s required to pay attorney’s fees, which could exceed seven figures,” said Waggoner.

Alliance Defending Freedom has set up a web page for anyone interested in helping Stutzman face the financial challenge.

Waggoner says Stutzman has 90 days to appeal to the U.S. Supreme Court and then wait to learn if the court will hear the case.  She is hopeful there will nine justices on the court by the time any oral arguments take place.

Waggoner is fully confident the Constitution is on Stutzman’s side.

“In the first amendment, our rights and protections for free speech and free exercise of religion protect her right to do that.  Nor did she violate the statute.  She didn’t discriminate on the basis of sexual orientation.  As I said, she served him for ten years.  This was about her religious convictions and a sacred religious ceremony,” said Waggoner.

And Waggoner says there’s plenty of legal precedent on Stutzman’s side as well.

“The law in this area is clear and the court misrepresents that law in its decision.  The U.S. Supreme Court and other courts have said these types of discrimination laws can’t be used to trump first amendment rights.  The government cannot use it’s power to force someone to promote a message or celebrate a ceremony in violation of their conscience,” said Waggoner.

Waggoner says how the U.S. Supreme Court rules in this case will have a profound impact on our nation.

“If the Supreme Court sides with Baronelle Stutzman, it reaffirms that tolerance is a two-way street and that the government cannot use its power to crush people and crush dissent, crush those that don’t agree with the government’s ideology at that point,” said Waggoner.

“All civilizations have had the freedom to believe what they want.  What has made America unique is the freedom to live out those beliefs in the marketplace in a peaceful way.  That’s what’s at stake in this case

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Filed Under: News & Politics, Podcasts Tagged With: Court, flowers, freedom, LGBT, news, religious, Stutzman, Supreme, Washington

‘We Should Be Grateful We’re Getting a Preview’

October 12, 2016 by GregC

http://dateline.radioamerica.org/podcast/10-12-ferguson-blog.mp3

Top Clinton campaign officials are under fire after the latest batch of emails from Wikileaks referred to the Catholic Church as a “Middle Ages dictatorship,” suggested some conservatives convert to Catholicism out of political expedience and that Clinton’s campaign chairman considered the creation of nominally Catholic organizations to erode support for the church itself.

Two exchanges among the latest batch of 1,200 emails released by Wikileaks are drawing the most scrutiny on this issue.  The first came in in 2011 in an email from John Halpin of the Center for American Progress to John Podesta and Jennifer Palmieri.  Podesta is now Clinton’s campaign chairman and Palmieri is a top spokeswoman.

After mocking News Corp. chairman Rupert Murdoch for having his Catholic children baptized in the Jordan River, Halpin broadens the discussion.

“Many of the most powerful elements of the conservative movement are all Catholic (many converts) from the SC and think tanks to the media and social groups,” wrote Halpin.

“It’s an amazing bastardization of the faith. They must be attracted to the systematic thought and severely backwards gender relations and must be totally unaware of Christian democracy,” he continued.

“I imagine they think it is the most socially acceptable politically conservative religion. Their rich friends wouldn’t understand if they became evangelicals,” replied Palmieri.

In a 2012 email, Podesta corresponds with Voices for Progress President Sandy Newman.  Newman was looking for ways to build a movement to weaken the power of the Catholic church in the political debates over contraception, particularly with respect to the contraception mandate imposed as part of President Obama’s new health care law.

“We created Catholics in Alliance for the Common Good to organize for a moment like this. But I think it lacks the leadership to do so now. Likewise Catholics United. Like most Spring movements, I think this one will have to be bottom up,” wrote Podesta, noting that former Maryland Lt. Gov. Kathleen Kennedy Townsend would be a good choice to lead such a movement.

Republican Vice Presidential nominee Mike Pence immediately slammed the emails on Wednesday.

“Hillary Clinton should denounce those bigoted, anti-Catholic, anti-evangelical remarks and her campaign staff should apologize to people of faith and do it now,” said Pence.

For many observant Catholicsm the contents of these email exchanges are deeply troubling.

“It’s hard to know where to start, to be honest,” said Maureen Ferguson, senior policy adviser at The Catholic Association.

However, she says her first reaction was oddly one of gratitude.

“We should all be grateful that we’re getting a preview of this before Election Day, so that we can go into the voting booth with very clear eyes knowing what a Hillary Clinton administration would look like,” said Ferguson.

“People at the highest level in her campaign are just displaying blatant bias and discriminatory attitudes towards people of faith.  The way that they’re mocking Catholics and evangelicals, there is obviously no respect here for those who cherish their first amendment freedom of religion,” she added.

While appalled at the comments, Ferguson says no one should be expect the Clinton team to think otherwise.

“On the one hand, it’s very surprising and stark to read these attitudes in black and white, but on the other hand we should not be surprised.  This anti-Catholic, anti-people of faith bias comes on the heels of eight years of an administration which has been systematically undermining our religious liberty,” said Ferguson.

She points specifically to the Obama administration’s imposing of the contraception mandate.

“Remember the HHS mandate on contraceptives, telling Catholic nuns that had to be paying for contraceptives.  This is using the heavy hand of the federal government, threatening massive government fines on a group of nuns (Little Sisters of the Poor) who are serving the elderly poor, unless they get in line with this liberal agenda,” said Ferguson.

She also says Hillary Clinton has also laid down the gauntlet on religious freedom.  In April 2015, Clinton told the Women in the World Summit that biblical and moral opposition to abortion would be in the cross hairs of her administration.

“Laws have to backed up with resources and political will and deep-seated cultural codes, religious beliefs and structural biases have to be changed,” said Clinton.

Ferguson is especially galled at Podesta for wanting to create nominally-Catholic groups to challenge Catholic authorities on cultural issues.

“He admits to having been a part of creating these groups called Catholic Alliance for the Common Good and another one called Catholics United.  Their specific purpose is to undermine the Catholic Church,” said Ferguson.

She says this is nothing new for Democrats.

“We all became familiar over the years with Catholics for a Free Choice, which was a pro-abortion group that put the name ‘Catholic’ on it it to undermine the Catholic position in defense of the sanctity of human life.  In these emails, John Podesta even admits to creating these two liberal Catholic front groups as a way to subversively attack the church,” said Ferguson.

Ferguson admits this has been a tough election season for many observant Catholics, being repulsed by Clinton’s positions on a host of issues vitally important to them and by Donald Trump’s behavior past and present.

“I think so many of us Catholics feel quite homeless in this election,” she said.

But that does not mean both options are equally terrible in her eyes.

“I think most people wish we had different choices in this election, but we should at least be clear-eyed about what a Hillary Clinton administration would look like.  It would be full of people who are aggressively attacking our freedom of religion,” said Ferguson.

“Trump has made a lot of pledges on religious liberty and a lot of the people around him and a lot of the people around him, like Mike Pence for example, have come out very strongly.  He has a history of very good positions on life and religious liberty and issues related to the family,” said Ferguson.

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Filed Under: News & Politics, Podcasts Tagged With: abortion, Catholic, Clinton, evangelical, freedom, news, Podesta, religious

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