Recent Articles

Monday, February 15, 2010

Public High School Graduation Ceremony in a Church

Monday, February 15, 2010 - 0 Comments

Across the nation, primarily in the last three years, public school boards have been criticized by both Americans United (AU) and American Civil Liberties Union (ACLU) for holding high school commencement in a religious building. Public schools in Connecticut, Maryland, New Jersey, and Wisconsin have been challenged (and in some cases sued) on a constitutional platform because of what the AU and the ACLU consider to be a blur of church and state. This past week, the AU and the ACLU celebrated the fact that the last of five public schools in the state of Connecticut has agreed to move its graduation ceremony from a church to a secular venue. Articles were posted by both the AU and the ACLU.

The first question I would pose is, are the arguments made by the AU and the ACLU correct? Is holding a public high school graduation ceremony in a church, or any religious venue unconstitutional?

In my opinion, yes, holding public high school graduation in any place of worship is certainly unconstitutional. In these cases, using a church as the venue was based neither on availability nor size accommodation; rather it was simply based on tradition. However, holding commencement in a church is obvious endorsement of one particular religion over another. Public schools are supposed to be a secular place of education and students graduating from these institutions should thus be handed their diploma in a secular setting. Commencement in a church, synagogue, mosque, or any other religiously affiliated space is unconstitutional as well as inappropriate in a society that is multi-cultural and multi-religious. This act violates the First Amendment's Establishment Clause. These are public, not private or religious, schools and are funded by the government. Hosting high school commencement in a location dedicated to a religious purpose is a blatant blur of church and state. The government is forbidden from establishing any particular religion, secularism is what is constitutional.

There are also perceptible social implications of holding high school commencement in a religious space. How would you feel if you attended a public high school and your graduation was held at a venue steeped in religious symbols and iconography? More specifically, what if you did not follow that particular religion or disagreed with its beliefs and teachings?

Staff attorney with the ACLU of Connecticut put it nicely when he stated, "regardless of intent, when schools host graduation at The First Cathedral, they devalue the faith of students and families in the religious minority." Some students and their families felt "unwelcome" during graduation ceremonies at the church because of the large presence of Christian symbols and iconography. In reference to one of the cases in Wisconsin, Americans United's Executive Director Barry Lynn remarked that "students literally [had] to walk up under a giant cross to get their diplomas." As an individual not of the majority faith, I would certainly have felt uncomfortable in this setting even if the ceremony itself was inherently secular and I knew that the reason for hosting graduation in a church was for practical purposes. I would not expect my public high school to host its graduation at my synagogue simply because it is only two minutes from the high school grounds and is large enough to hold all 210 graduates and their families. Further, I imagine students not of the Jewish faith would likely feel like an outsider in this scenario.

In a lawsuit in New Jersey, a Muslim student sued his public high school for unconstitutionally hosting his graduation in a Baptist church. he was unable to attend his high school graduation because "his religious beliefs prohibit him from entering buildings containing icons of God." In this case, a student who attended a secular, public high school was "forced to choose between honoring [his] education and [his] faith." This is a decision no student should have to make.

Hosting a public high school graduation in a church is clearly blurring the wall between church and state. The AU and the ACLU are correct in their argument that such actions are unconstitutional and definitely not secular. Holding such an event in a place of worship presents a variety of problems for religious minorities as well as other, such as the gay population. However, what if hosting graduation in a church or other religious venue is the most practical, least expensive, chosen by the student body, and/or supported by the majority of students and families in the community? Should exceptions be made or should this be an absolute ruling?

Cannabis Religion?


The question of what qualifies as religion has come up under many guises throughout American history. The THC Ministry and its followers are no different. A man from Boulder Colorado was pulled over for an expired license plate and was found to be in possession of marijuana. The police officer was obviously perturbed by this and put Trevor Douglas, 25, under arrest. This has not gone to court yet, but Douglas claims that since he uses the marijuana as a sacrament just like “wine and bread are sacred to Christians” he is protected by the first amendment. However, I have understood that the first amendment does not protect you from things that are in fact illegal. Now the THC Ministry’s website claims that cannabis is the original sacrament to basically all the known religions in the world and that they can provide legal defense for any sincere person over the age of 21. They say that as along as they do not sell the marijuana that it is within their religion. So, many questions are raised here. Can the sacrament of wine and bread and the sacrament of cannabis be compared? To be fair, the THC ministry does need for a sincere practitioner to be over 21, or living independently of parents or have parents written permission) and become ordained. One must get a Home Sanctuary Kit in order to become a full member, that includes legal documents proving that you are a sincere practitioner. It will be interesting how this one plays out. The wine and bread of Protestant Christianity are symbols and in Catholic Christianity have transubstantiated to literally become body and blood. There is no “high” being reached. Cannabis has different effects. On the THC Ministry website there is no procedural directions for how one must use the cannabis in a sincere religious manner. It seems that it is an attempt to make a loophole to be able to smoke pot without being arrested. “We use Cannabis religiously, and you can too” is the tagline of the website. It does not say that you have to give up any other religion. So what happens if a THC Ministry member is a member at a local Baptist church as well? Are you allowed to technically have two religious affiliations? How do we define a person raised by parents of two different faiths? Do they have to pick only one? I do not know the answer to that question. However, it seems fairly easy to obtain a Congregation Kit from the THC Ministry.

The Congregation Kit combines our Sancturary Kit with the following additions:

  • 1 Minister-size bottle of Holy Anointing Oil (Made prayerfully with the ancient and sacred recipe of Exodus 30:23)
  • 1 bottle Cognac and Cannabis Tincture (Made prayerfully with Grand Marnier and Chambord, both premium label French cognacs + an organic Hawaiian Cannabis flower bud.)
  • 1 bottle Sweet Cannabis Tincture (Non-alcoholic. Made prayerfully from vegetable glycerin + a premium organic Hawaiian Cannabis flower.)
  • 12 Practioner Kits

Congregation Kits are available for a donation of $1000. You may pay by personal check, money order, or through Western Union.”

That is from the THC Ministry Website. What does that say? There does not seem to be any necessary background checks. A minister of a Christian, Jewish, Muslim, etc. congregation or gathering has to have some kind of education or at least background in the religion. This does not seem like there are any qualification except having one thousand dollars. However, one can go to Cannabis College to learn how to grow these plants more effectively for a one hundred dollar donation. Notice, neither of these amounts are fees. Again, does this count? It is difficult for me to consider a “ministry” that is unable to spell the word “sanctuary” or “practitioner” correctly on their website a sincere anything, except maybe sincerely stoned and unable to spell.

However the case of Trevor Douglas is decided, it is going to have an impact. What does it mean if he is found guilty? What does it mean if he is found innocent? I foresee very unhappy people either way.

The main questions in this case I think are “What is sincere”, “What do motives mean”, and “Can an illegal action be protected by first amendment rights?” (The comments to this particular article are if nothing else entertaining just for the record.) These are not knew questions. These same questions apply to the Pueblo Controversies discussed in Tisa Wenger’s book We Have a Religion. She talks about the “immoral” dances as well as the peyote controversies as well as all the prohibition against alcohol and risqué “white” dances. As well as can they be good Christians while maintaining their indigenous “customs”? Do we want our laws apply to everyone, or just the “other”? Who are we protecting and what are we protecting them from? And who is “we” and “them” and “other” and “us”?

I guess the cap-it-all question is “What exactly does religious freedom mean?”

Sunday, February 14, 2010

Sunday, February 14, 2010 - 0 Comments

Questions Raised Anew About Religion in Military

Religion and the military are two words that do not go hand in hand at times. And in this article it seems that the age old adage still holds true. The premise of the article centers on how Christianity is being used as a tool by the military to help soldier’s combat depression. They even enlisted former Pittsburgh Steelers quarterback Terry Bradshaw who explained how he used religion to help with his depression. However, some people feel as though this has gotten out of hand and that the military emphasize less on the restrictions of religion, primarily Christianity.

For example, in 2005 at the Air Force Academy in Colorado Springs Colorado, a coach decided to put a banner in the locker room labeled “Team Jesus”. While the Air Force has claimed religious neutrality in these situations, complaints still come in about how the situation feels as if religion is being forced onto the cadets. Specialist Dustin Chalker from Fort Detrick, Maryland is a just one plaintiff of many in a federal lawsuit against the military which accuses them of ignoring rules banning mandatory religious practices. While there has been a gain in trying to take religion out of the military; advocates for religion feel that without religion, the military losses a spiritual essence in itself.

The big question this article looks at is basically a religion in the workplace type situation. On one side we have the advocates for religion who believe that they are just practicing their faith and causing no harm. However, the other side views this as an invasion of their personal space causing them to feel uncomfortable within their workplace. Another question this article brings is whether soldier’s feelings are taken into consideration

Once again many soldiers come from different backgrounds and do not practice Christian teachings. However, with most American soldiers practicing Christianity it can feel overwhelming to the minority. This leads many to feel underappreciated and when they try to find their own group within the military they always come up short. Finally, the last broad question that comes into play is the reason for the article i.e. the anti-depression video.

The anti-depression video is a thirty minute film that stars Terry Bradshaw as he explains how religion helped him fight depression. While the video purpose is to combat depression and suicide amongst soldiers it seems to imply that Christianity is the primary driving force to defeat depression. This not only alienates some of the non-Christian soldiers but probably raises their depression in the process.

In terms of my opinion I believe that the military and religion should be kept separate. Just like don’t ask don’t tell, religion should be kept to oneself and their personal deity. In the end, the problem will be pacified and nobody will feel as if one religion is being favored over another.

Tuesday, February 9, 2010

Minority Religious Groups: Is a 'Religious Test' Okay?

Tuesday, February 9, 2010 - 0 Comments

Generally speaking, it is usually religious minorities that are discriminated against, not the other way around. This article, posted on the Yeshiva World News website, explains the controversy surrounding a number of religious groups that have been accused of religious discrimination when selecting the leaders of their organizations. Stemming from a case at Hastings Law School in San Francisco, the National Council of Young Israel (NCYI) recently filed a legal brief in the United States Supreme Court “to defend the right of religious organizations to remain autonomous and to choose their members and leaders without being accused of engaging in religious discrimination.”

Hastings Law School has banned an organization called the Christian Legal Society (CLS), citing some of their practices as violations of the school’s policy on religious discrimination. Although this group’s meetings are open to all students, regardless of religious affiliation, obtaining a leadership position does not come without a religious test. CLS bylaws require “its leaders and voting members to be practicing Christians who abstain from intimacy outside of marriage.” Since the school does not officially recognize the group, CLS has been not been allowed to participate in school sanctioned activities, and has been denied the use of the school’s facilities and email system.

It is no surprise that there are a number of religious groups that partake in similar practices of religious discrimination when organizing themselves. And, when the U.S. Court of Appeals for the Ninth Circuit ruled in favor of Hastings, this sparked a great uproar among many such groups. In response, NYCI has joined forces with the Becket Fund for Religious Liberty to file suit in the Supreme Court on behalf of a coalition of minority religious groups. Kevin J. “Seamus” Hasson, the president of the Becket Fund for Religious Liberty, is quoted as saying “[i]n America, all faiths have the right to be who they are without interference from the government.” If the Supreme Court upholds the ruling from the Ninth Circuit, there will be some very important and detrimental repercussions for many minority (and possibly majority) religious groups throughout the nation.

There are clearly a number of issues at hand when the dust settles with this case. First, the situation specific to Hastings Law School is interesting, as it is a public school that receives money from the government. As we have already discussed a number of times in class, there are going to be some problems associated with government money being spent on certain religious groups (think Pagan Circles at the Air Force Academy). More importantly, though, is that the school has a strict open-member policy that states that anyone is entitled to be a voting or participating member in any group, even if they do not agree with the mission of that group. It is obvious that the CLS is in violation of the school’s policy, but is this policy constitutional? It is one thing to look at a situation like this that is tangled up in school rules, but what happens when we step outside the boundaries of education? How much of an impact will a decision in favor of Hastings have on private religious groups? Will churches and synagogues be forced to open the doors to their leadership to anyone and everyone?

It is my opinion that a certain level of religious discrimination is not only acceptable, but also necessary within a specific set of scenarios. Religious organizations should be able to use a religious test when selecting their leadership and voting members. NCYI President Shlomo Z. Mostofsky, Esq. says that a ruling like this could force the group to alter their century-old core mission. Isn’t that a pretty distinct infraction on the group’s ability to exercise their religious beliefs freely? He goes on to say that if the decision is upheld in the Supreme Court, “it will not be long before the Young Israel Movement will be forced to change its name to Young Atheist or Young Evangelical, and other Orthodox Jewish organizations will lose their identification as well. It is hard to imagine a legal rule that will be more destructive to Torah Judaism in the United States.” Obviously, this case is going to have profound implications for many religious groups for some time to come.

Monday, February 8, 2010

What is Past is Prologue: Faith's Case for Conflict

Monday, February 8, 2010 - 0 Comments

Recently, a Federal law was enacted that elevated crimes committed due to the victim's sexual orientation onto a higher plane of justice. This law, officially titled The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is not legislation that one would normally assume to be controversial. After all, what law-abiding, respectful citizen could possibly take umbrage with a law designed to crack down on those who commit violent acts in the name of a self-righteous superiority complex?

The Christian Right, is who - or specifically, the Thomas More Law Center of Ann Arbor, MI.

This article explains that the Law Center has filed suit against US Attorney General Eric Holder and claims that the aforementioned act is both unconstitutional and unnecessary. Their argument? That a law designed to limit the group's open bias against alternative lifestyles infringes on their First Amendment rights to freely exercise their religion.

As the article points out, there are a few problems with this argument. First, and most importantly, the law specifically provides for the protection of religious viewpoints, no matter how divisive or biased they may be. It also prohibits " prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs." Therefore, the actual letter of the law makes it rather clear that no basic religious beliefs are being infringed, persecuted, or prosecuted with this law.

There is an interesting caveat, however. The law's wording also explicitly points out that "the Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence."

This leads me to one of two conclusions. Either the Thomas More Law Center has filed a frivolous lawsuit against legislation that they have not actually taken the time to read - or that they endorse speech, conduct, or activities that promote violent acts against those of the homosexual persuasion.

I cannot help but feel that the Center would distance itself hastily away from a public perception that the group advocates violence against those it feels are in the wrong. Why then make all this fuss over a law that does nothing but advance peaceful coexistence between differing groups?

Perhaps also the old worldview that "religious freedom" means "freedom to be a Protestant" is again rearing its head. After all, critics of this legislation are claiming that they are being silenced (when in fact no such persecution is taking place), while demanding that those who claim a different point of view be silenced themselves. One can only hope that the judge hearing this case will see that plain irony on the face of the Law Center's argument. Perhaps then one more voice clamoring for division based on faith will be put in their proper place: the dusty realm of the past.

**To see the full case argued by the Law Center, click here.**

Gay Marriage Puts Mexico City at Center of Debate

Gay Marriage Puts Mexico City at Center of Debate

As Mexican marriage law now stands, gay people have the right to civil unions, not marriages. While the government only legally recognizes civil marriages, not just ecclesiastical ones, this article deals with Mexico City’s new legislation allowing gay couples to marry and adopt children. As the law now stands, only the biological parent of the child is recognized as the legal parent. Mexico has a tradition of a rocky relationship with the Roman Catholic Church. Starting with the Constitution of 1917, Mexico has started to become more secular. The provisions of the Constitution were strictly enforced until around 1980 when the Church started to speak out. The Church became highly outspoken regarding its “eroded” legal status and called attention to major government corruption. With the Salinas government’s plan in 1991 to remove all constitutional restrictions on the Catholic Church the tensions between the Church and the government eased into a much more realistic relationship. However, some strains on the new relationship remained, particularly in southern Mexico in general and in Chiapas in particular.





Forceful disagreement with this new law erupted as soon as word got out. Mexico City is unique in its very liberal leanings, compared with the rest of Mexico-the city has legalize abortion past 12 weeks of pregnancy and has simplified divorce laws. In his final homily of the year, the Cardinal called this law an “attack” on the Mexican family, while President Felipe Calderon said “the Constitution defined marriage as between a man and a woman. Although legal experts refute his statement, his attorney general has filed a challenge before the Mexican Supreme Court, stating that the law breaches a constitutional clause protecting the family. Although Mexican families are torn apart from migration, experts say that the idea of the ‘nuclear’ family is still very important to most Mexicans. Mariana Gómez del Campo, the Mexico City leader of the president’s National Action Party, or PAN, said ““The same word cannot have two different meanings…it will weaken the legal definition of marriage” She also feels that there will be a negative effect on children’s rights, “one of their rights is to have a family…a child does not get to decide what kind of family it is.”

Mexico City’s mayor, Marcelo Ebrard is a social liberal hoping to run for the presidency in 2012. However, he may face some resistance outside of Mexico City, as the Catholic Church still has tremendous power in rural Mexico. Mexico City’s decisions have caused the Catholic Church to speak out-and even begin lobbying. This is significant because the Church has been careful to stay out of politics since their rights were fully restored in 1992.

The main issue here regarding religion and law is how much can lawmakers allow their religious beliefs to affect their policy-making? The President of the country is claiming that the constitution defines marriage as between a man and a woman, but most legal scholars in the country disagree. I think this is salient because Mexico is supposedly a secular state, and yet the President is allowing his religious beliefs to over-ride the laws of his country.

I think this issue is important because it shows that acceptance of gay marriage is clearly not just an American issue. Also, I think it relates to what we talked about last class in that while Mexico is a secular state on paper, the law in action is often much different. When the human aspect is added in, with firmly held beliefs significantly affecting their decisions, the letter of the law can often become very jumbled. I think Mexico is in a very interesting situation because the capital city has significantly more liberal political ideals than the rest of the country. It will be interesting to see how involved the Catholic Church becomes in this issue and what the Supreme Court rules in regards to whether the constitution protects only the traditional ideal of the family.

Is Abstinence Education More Effective than Safe Sex Education?

Both the NY Times and CNN.com had stories this week on a study published in the most recent issue of Archives of Pediatric and Adolescent Medicine claiming that abstinence only programs may be more effective than common safe sex programs at delaying middle school aged children from having sex. The study divided a group of 662 seventh and eighth grade African-American students in urban schools into four different programs. The programs included an abstinence only program, a safe sex program, a comprehensive program covering both abstinence and condoms, and a control group that offered general health information. The participants were polled two years after the program to determine if they had engaged in sexual intercourse. The abstinence only group proved to be the most effective with only 33% of the children having engaged in sexual intercourse. It was followed by the comprehensive program (40%), control group (47%) and the safe sex group (52%).

However, this abstinence only program was not the traditional abstinence only program that one might expect. It did not pressure the children into abstinence, but rather highlighted the ways in which pregnancy and STDs may interfere with the children’s life goals. The children were never taught to abstain until marriage, but rather until they were more mature. If children questioned the teacher about condoms or other forms of birth control, they received medically accurate answers.

Public support for abstinence only education has been a major issue in the American legal system for the past two decades. The American Civil Liberties Union has been involved in a number of lawsuits questioning the use of taxpayer money to promote religion and to disseminate medically inaccurate information. The Obama administration has just recently eliminated funding for abstinence only programs that promote abstinence until marriage, in favor of more diverse programs. Though the abstinence only program from this study does not promote religion, some religiously conservative proponents think that the results may be a step towards the revival of abstinence until marriage programs. This brings to light several questions. Should abstinence only programs such as the one from this study be allowed in public schools? Should abstinence until marriage programs be allowed in public schools? Where do we draw the line?

I believe that it is constitutional to allow “abstinence until mature” programs such as the one from this study, in public schools because they do not promote any religious beliefs. However, I do not think that the programs would be effective for children who have already lost their virginity. Therefore, I think that the programs should be restricted to middle schools in which a majority of the student population has not engaged in sexual intercourse. On the other hand, I do not think that abstinence until marriage programs have a place in any public schools. Though the programs may have a similar message to “abstinence until mature” programs, they impose religious beliefs on participants in a way that “abstinence until mature” programs do not.

Where do we draw the line? I think that it is constitutional to allow all sexual education programs that are medically sound and do not promote abstinence until marriage. Whether or not all programs that adhere to these criteria will be effective is another issue entirely.

Subscribe

Donec sed odio dui. Duis mollis, est non commodo luctus, nisi erat porttitor ligula, eget lacinia odio. Duis mollis

© 2013 Religion & American Law. All rights reserved.
Designed by SpicyTricks