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Saturday, February 18, 2012

Anderson v. Chesterfield County School District

Saturday, February 18, 2012 - 0 Comments


Anderson v. Chesterfield County School District is a case in which a law suit is filed by the ACLU(American Civil Liberties Union) on behalf of a “father and a son (both non-believers) who have been ostracized for their objection to repeated official religious events and activities at New Heights Middle School.” In September, all students at New Heights Middle School were compelled to attend and in-school Christian worship rally in which a church minister and a Christian rapper known as “B-SHOC” were to deliver a sermon. These rallies influenced students to pray and “sign a pledge dedicating themselves to Jesus”. These rallies are part of a greater movement in the district in which teachers routinely incorporate prayer in school activities. Many sporting events and concerts begin with a school-sponsored prayer and schools host religious events on campus which the students are urged to attend. Those students who didn’t wish to attend the assembly at New Heights had to serve an in-school detention. Some students who are not Christian are harassed and criticized. The complaint is currently filed by the ACLU for those students who are being punished for not being Christian.
                The actions of the Chesterfield County School District are clearly in violation of the Free-exercise Clause and, more so, the Establishment Clause. The Establishment Clause was included in the Constitution by Madison to gain support of the Leland and Baptists, who feared the creation of a new national church, in order to get the constitution ratified. The original function of the establishment clause was to allow all religions to freely practice their religion without fearing the establishment of another dominating religion. The Free-Exercise clause states that congress cannot prohibit the free exercise of a religion, however, as the Reynolds v. US clarifies, it has a right to interfere with practices.  Chesterfield District has clearly established a religion, Christianity, by not only allowing, but compelling students to attend Christian rallies and sermons. They are also openly hosting religious events, allowing students to become religiously active within a place which is state/government sponsored. A school allowing for such proselytizing in a place which is under government sponsorship is the same as the government establishing a religion.  On top of that, the school is also punishing the students which do not wish to attend by giving them an in-school detention. The school is infringing upon the rights of those students who wish to freely exercise other religions or no religion and this violates the free-exercise clause. One can say that the Christians in the school are only freely exercising Christianity and that they can’t be stopped for this reason or we would be infringing upon their rights, but this is not the case. The issue isn’t that Christians are practicing their religion; the issue is that they are practicing in a state-sponsored place. The issue is even more complicated because the state has a right to interfere in practices of any religion, and since sermons, rallies and religious events are all practices and not just beliefs, the state can rightfully dismantle such practices, especially because such practices send the message that the state is establishing a religion. This is clearly a very controversial issue and the wall between the church and state, as shown by Reynolds v. US case, is very important to maintain because this allows the Government to administer practices which may be concealed and disguised under the concept of religious freedom.
                Court cases such as these continuously remind us of the reasons why these clauses were included in the first place and how these clauses have been interpreted in order to define the limits of state control and individual freedom. If the court is to rule in favor of the Andersons then it is clear that the state still wishes to uphold the separation between church and state, as well as the establishment and free-exercise clause. If the Court is to rule in favor of the School District they will mandatorily need to provide evidence as to how these practices aren’t establishing a religion. One may think that another way to defend the District is by showing that the school also hosts sermons and rallies for other religions and religious events. But this still allows for the same problem to emerge because now the argument can be made that the state is upholding many religions or religion in general as opposed to Atheism, Agnosticism, no religion, etc. Religious freedom is mainly defined by these two clauses, therefore, courts must be very careful as to not interpret these clauses in a way in which they become ineffective and useless. Religious freedom is being able to practice a religion, multiple religions, or even no religion without being persecuted or criticized for it. Also, the religion you choose to practice must be one which is not forced upon you, especially not by the state. 

Virginia Passes Legislation Allowing Private Adoption Agencies to Discriminate


            The Associated  press wrote for the Washington Post about legislation in Virginia being passed that allows for private adoption agencies to discriminate in their adoptions.  The bill allows them to discriminate if the placement is against any of their religious or moral beliefs, especially if the placement is with a homosexual couple.  Some representatives and members of the gay community is saying that this bill claiming religious freedom is a smokescreen covering up true intentions of discriminating against the LGBT community.  They say the bill denies LGBTs from forming families.  People against the bill say this will just end up hurting the children waiting for a home, because they are being limited on eligible homes.   Other representatives say there is nothing wrong with the bill, because they are private agencies.  They do say that public, government funded agencies are not allowed to discriminate.  Different agencies wrote letters to their representatives about the bill.  Some were expressing how happy they were while other agencies asked for the bill not to be passed because it makes it harder to place children waiting for homes.  The agencies against the bill said that LGBT are just as capable of providing stable homes.
            The issue that seems to be in the article is whether it is ok to discriminate in adoptions.  The article makes clear it is only allowable for private agencies to discriminate and not for public agencies, especially those funded by the government.  Another issue is if it is ok for any private agency to discriminate if they just claim it is their religious beliefs.
            I personally feel that this legislation is not in violation of any laws.  The law does state that any organization that is public or government funded is not allowed to discriminate.  Churches are allowed to discriminate for example to not hire women, or people of certain sexual orientations on the basis of religious beliefs.  Most private adoption agencies are run by churches and for me it makes sense that they would be allowed to place children based on beliefs.  I do not agree that it is ok to discriminate and limit children on possible loving homes they could go to.  I agree with many against the bill that LGBT are just as capable of providing stable homes.  Many heterosexual couples get divorced or break up, just because they are heterosexual does not mean that makes them more stable.  Despite my beliefs I do agree that, like the case of the Presbyterian church and the distribution of its land we studied in class, churches are allowed to have jurisdiction over certain things that are run by the church or private organization.

Monday, February 13, 2012

Monday, February 13, 2012 - 0 Comments


Freedom
A man by the name of Hamza Kashgari has been detained by Malaysian authorities. Kashgari is a 23-year old Saudi writer and blogger who publicly expressed his personally views about Prophet Muhammad via Twitter. His tweets caused and uproar and strong reactions from many Saudis. The people who were angered by the tweets responded back with their own hate-filled tweets, Facebook posts, and even resorted to Youtube videos demanding that kashgari be arrested and punished. In Saudi Arabia, this crime is considered apostasy, in which they separate themselves from the renunciation of a religion. This crime can be punishable by death under Saudi law and that is just what many people want for Hamza Kashgari. In the following video, you can see a man, Sheikh Nasser Al Omar and his outpour of emotions over the situation begging the king to execute Kashgari.  

The following are the tweets that have caused the intense reaction. Tweet #1 “On your birthday, I will say that I have loved the rebel in you, that you’ve always been a source of inspiration to me, and that I do not like the halos of divinity around you. I shall not pray for you.” Tweet #2 “On your birthday, I find you wherever I turn. I will say that I have loved aspects of you, hated others, and could not understand many more.” Tweet #3 “On your birthday, I shall not bow to you. I shall not kiss your hand. Rather, I shall shake it as equals do, and smile at you as you smile at me. I shall speak to you as a friend, no more.”
Kashgari later removed these tweets and apologized. Realizing his life was in danger, Kashgari decided to flee to New Zealand. However, he was detained along the way by Malaysian authorities at the request of Saudi authorities. His purpose for fleeing to New Zealand was to seek political asylum.
There has been much controversy over this matter and surprisingly there are many Muslim supporters of his release. Even more shocking, those Muslims who support him are from predominantly Muslim countries. This shows that people are trying to move forward and allow more public expression. I can understand why people would be angered if someone said something against their beliefs but that is something that occurs everyday in the world. The only reason Hamza Kashgari is being punished is because he publicly stated his opinion. In America, you’re given this freedom through the first amendment. I know we can’t assume the same for other countries since they have specific rules against such crimes but is it really fair and have we not come far enough to treat everyone equally across the world? Why does someone not have the same rights as a person who lives in another part of the world? I am a Muslim and I honestly see why the people of the country are upset. However, it is not possible for everyone to think alike and I do not see any extremely rude remarks in his tweets.

Sunday, February 12, 2012

President Obama Makes a Compromise with the Church

Sunday, February 12, 2012 - 0 Comments

If you have been keeping up with the news, there has been an uproar regarding President Obama and his new healthcare plan, more specifically the matter of contraceptives. Under President Obama’s healthcare laws, all employers are required to provide employees with preventive health coverage, including a range of birth control, which will come at no cost to the employee. As a result of this decision, as stated in this article, Obama has received much objection from the conservative Republicans and the Catholic bishops. The Catholic bishops feel as though they are forced to endorse a policy which is in violation of their moral opinions and teachings. In spite of urging from the Catholic Church and Conservative Republicans, President Obama has made his decision and opted not to broaden the exemption.
In conjunction with this, on Friday, in hopes of squelching the opposition, Obama has come up with a compromise that allows for an employer who morally objects to contraception to opt out and instead inform its female employees where they can get coverage outside of the employee health plan. Although the compromise does broaden the conscience clause to exempt any organization who opposes birth control based on religious beliefs, the Catholic bishops have already rejected the alternative because they don't even want women to be referred to places that would provide them with contraception. “The Catholic bishops have called the new health coverage rule "an attack on religious freedom" and argue that all employers who object to contraception -- not just faith-based organizations -- should be exempt from having to provide it to their employees.”
Here we have another classic case of an organization trying to have their values/beliefs imposed on people through government injunction. These churches want the government to keep their noses out of their belief systems, but they have no problem accepting the benefits that the government provides, from police protection to street repair to outright public funding of their "secular" works via the Faith Based grants. And what are they asked to do in return for all of these tax-free benefits and funding? Obey the law. The entire relationship between the tax-payers’ dollars and the church institutions needs to be re-evaluated. Why should tax payers be forced to fund an institution that will not follow the law when operating a business that serves the public like a hospital or university? Why shouldn’t a Catholic hospital be required to provide essential health services? Contraception is not merely used for birth control, it’s also used for a great deal of other health purposes, not to mention decreasing unintended pregnancies, which serves to reduce the number of abortions. A hospital is required to serve any person who needs medical care, not just those who agree with a particular religious belief system, i.e. the Catholic Church. Perhaps the bishops should get out of the health care business if they aren't willing to actually provide medical services.
In this way, any right of action based on belief cannot be absolute. Therefore, the right to practice a religion cannot mean that any individual or organization should be allowed to do whatever they want and justify it as their "sincere religious belief". There is nothing automatically sacred about action based on religious beliefs, no matter how sincere. It is clear in the Constitution that religious laws of God are separate from the Laws of Man. And that freedom to worship is on parity with the freedom not to.

Court Strikes Down Ban on Gay Marriage in California


            The article is about a federal appeals court that agreed with a lower court’s ruling on Tuesday about Proposition 8. The lower level court had ruled that even though Proposition 8 has passed by 52% to 48% it is in violation of the constitutional right for same-sex couples. Judge Walker, who ruled in the lower court, said that denying a same sex marriage is in violation of the Equal Protection and the Due Process clauses in the Constitution. The judges that ruled on Tuesday stated that they were not going to rule whether it was a constitutional right for a same-sex couple to marry; instead the ruling was about how Proposition 8 violated the Constitution’s Equal Protection Clause. Mitt Romney stated the decision was an attack on traditional marriage and said that the Supreme Court would eventually to decide on the issue. Chad Griffin of the American Foundation for Equal Rights, made a statement where he explained that same-sex marriage has increased steadily from a decade ago, if it does come to vote again the outcomes may be different.
            This issue is important because Proposition 8 in violation of Due Process and California is in violation of Equal protection. The 14th amendment is about Due Process; a court cannot rule without everyone being present. The reason why Proposition 8 is in violation on Due Process is because not every same-sex couple in America’s rights were heard. When Proposition 8 was being voting on only the same-sex couples in California’s were allowed to vote. What about all the same-sex couples in other states, Proposition 8 directly affects them as well. This comes to the second issue of California being in violation of Equal Protection. Equal Protection means every state must have equal protection of a citizen’s rights. Since New York legalized gay marriage, if a same-sex couple moves from New York to California their marriage is no longer recognized. Judge Reinhardt ruled on Tuesday, “All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted a marriage license.” Since California does not grant marriage licenses to same-sex couples any couple moving from New York to California are now seen as being single.
            Same-sex marriage has become a major issue in the past few decades. Religious people claim same-sex marriages are wrong, and that they ruin the sanctity of marriage. For Mitt Romney, who is a presidential candidate, to claim that the decision the judge made was an attack traditional marriage shows that his religion is seeping into political issues. If America is supposed to be a nation with the separation of church and state then Romney should not have made the statement he did. The argument made about gay marriage is always tied into religion, but what about atheist. Should atheist be denied the chance to marry someone of the same sex just because religious people believed same-sex marriages are wrong? 

Saturday, February 11, 2012

The Treatment of Religion in Court - Special or Equal?

Saturday, February 11, 2012 - 0 Comments


In a recent article on the Religion Dispatches site, there is proposal regarding whether religion should be treated as “special.” While the article looks to the Hosanna-Tabor decision as well as the Good News Club vs. Milford Central School decision, the basis of the argument is that according the the founding fathers, “religion certainly is special” (Stewart, Supreme Court Rules Religion Special...This Time). Stewart is arguing that Constitution eludes to the fact that religion is special and that it deserves to be treated separately, but Stewart points out that recent court decisions have been ruling that religion is like “everything else.” Through Stewarts examples she is trying to show that when the court rules for religion to be treated equally, that this action is ultimately discriminatory against religion. But in regards to the Hosanna-Tabor decision, while they ruled that religion was special, the religious institution was internally discriminating against employees, but that the government cannot intervene due to the religious group having power over their employees. Stewart believes that in the Constitution it clearly states that religion is special and separate and this is a “truth about the American system.” This calls into question much of what we discussed in the Reynolds court case.
In one of our first class sessions the question was proposed as to whether we should treat religion as something special and separate? Or if religion should be treated equally as everything else, further looking to what religious freedom entails; this being a recurring theme that we come back to each week. As we saw in the Reynolds case, one can believe what they want, but religious actions and practices can and will be regulated. This calls for questions as Stewart states as in some cases the court treats religion as special, but in others religion is treated equally. It seems to be that this battle between separation of church and state will continue to be performed due to the unclear meaning of the First Amendment stating that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...” But if the exercise of such an action or practice of religion is in difference to the law, then the courts can decide how to rule such a decision? This brings forth the question that we looked to in the Bob Jones University case in which whether the biblical scripture that the institution was basing their policy over was true or not, the court withstood making truth claims, but rather decided whether the University was sincere and genuine in this belief and that they would not receive tax exemption. By treating religion as special or equal, there will be government interference. In essence, either way, religion is being treated as special because it causes such discordance within the judicial system. Recognizing one thing as a religious establishment, but constituting what is lawful actions or practices within a religion. It all comes back to the question of whether religious freedom is deemed by association or individual consciousness? I am perplexed to see what will arise over time regarding the issue and whether the judicial system actually identifies religious freedom by association or individual consciousness. With the continuous battle of such a definition, it seems clear that religion is being treated specially in the sense that the law tip toes around religion like one would around eggshells. 

Is Islamic Law a Threat?


In the articleof New York Times, Islamic law in America is being discussed in terms of its possibility in a Judeo-Christian society. This article is written by Eliyahu Stern, and is around of mostly a fear about Islam. He says according to the Tennessee General Assembly, Shariah (Islamic Law) promotes "the destruction of the national existence of the United States." In addition, in the article Stern quotes words of Newt Gingrich, the Republican presidential candidate, that "Shariah is a mortal threat to the survival of freedom in the United Statesand in the world as we know it."

Eliyahu Stern thinks of these ideas as "exactly wrong" because such notions are contrast with America's successful history of religious tolerance and American democracy. Also he compares such notions to a thought in 19th century in Europe, Jewish law is seditious.  However, Gingrich said in a speech to the American Enterprise Institute in Washingtonin July 2010 that "Stealth jihadis use political, cultural, societal, religious, intellectual tools; violent jihadis use violence, but in fact they’re both engaged in jihad, and they’re both seeking to impose the same end state, which is to replace Western civilization with a radical imposition of Shariah.”
I think these explanations are very important to show American freedom of thinking and anti-Islam movements. But Muslims are a reality of modern time in the world. They have specific beliefs, life style, and inherently rules. American laws either are based on secularism or on Christianity. For both cases, Muslims become excluded from the constitution.
 
Frankly, "As a body of Islamic scholars, we the members of Fiqh Council of North America believe that it is false and misleading to suggest that there is a contradiction between being faithful Muslims committed to God (Allah) and being loyal American citizens," the fatwa declared." However, I am thinking that if there is not a conflict between Shariah and the Constitution, why do some people like Gingrich consider Shariah as "the destruction of the national existence of the United States", or "a mortal threat", etc?
Maybe the Constitution reflects a Christian identity, thus radical Christians do not want Islamic law or maybe being an American requires being a Christian. We can think about many things which can be the reason. But I have three questions that even if Gingrich is correct on his idea, while there is a religious freedom in the USA, and Islam is a religion, what is the obstacle to establish Islamic law? Second is that if there is not an essential conflict between being faithful Muslims and being loyal American as FCNA claimed, why cannot people choose a different rule for their own lives? Third, is if the establishment of Shariah is a threat for the existence of the American nation or Christian America?  

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