Here are some important law-and-religion news stories from around the web:
- President Trump spoke with Evangelical Christian leaders at a White House dinner and sought their support in November’s midterm elections.
- In a revised set of regulations, the Chinese government suggests “strengthened thought education” for religious Communist Party members and encourages members to leave the Party if this education does not change their beliefs.
- A Muslim group, Diwan al-Dawla, claims it is not required to comply with Australian law in response to a judgment that its development of a rural property in New South Wales was illegal.
- A New Hampshire inn employee faces two counts of assault with hate crime enhancements after she allegedly told two Muslim patrons they were “not supposed to be here” and removed them from the establishment.
- After the Department of Housing and Urban Development filed a complaint against the company last week, Facebook removed 5,000 ad-targeting categories that allowed advertisers to exclude users based on ethnicity or religion, including categories such as “Buddhism” and “Islamic culture.”
- Sixteen states filed an amicus brief asking the Supreme Court to overturn a Sixth Circuit decision, which found that transgender bias is a form of sex discrimination under Title VII, seeking to reinstate the lower court’s decision to grant the employer a religious exemption under RFRA.
- A convicted 1993 World Trade Center bomber is suing the United States and the Federal Bureau of Prisons, claiming they violated his religious freedom by denying him meals comporting with his religious beliefs and refusing to provide regular access to an imam.
- Claiming religious-viewpoint discrimination, a local Southern Baptist Church filed a federal lawsuit against the town of Edisto Beach, South Carolina, after the town amended its civic center’s guidelines to ban rentals for “religious worship services.”
If you want to know about the law of religious freedom in the United States today, you have to know about free-speech doctrine as well: Many religious-freedom cases, including Masterpiece Cakeshop, which is currently before the Court, involve free speech as well as free exercise claims. And, in a development no one predicted a generation ago, free speech has gone from being a concern of the Left to a concern of the Right. Today, on campuses and increasingly in public life more broadly, it’s typically conservatives who insist on the right to speak, as against progressives who see free speech as a vehicle for oppression. These matters are no doubt discussed in a new book by Floyd Abrams,
It’s odd that free speech is becoming a conservative value. There was a time when progressives championed free speech, in order to challenge middle-class conventions, and conservatives argued for restrictions in the interest of decency and tradition. As progressives have taken charge of institutions they once protested, however, the positions have reversed. Many progressives now seek to limit speech, for example, in order to protect campus minorities from religiously-motivated “hate speech,” and conservatives call for robust, wide open debate. Life can be funny, sometimes. Of course, some old-fashioned, classical liberals have maintained their commitment to free speech throughout, though it does seem their numbers are dwindling.
The First Amendment to the United States Constitution begins: “Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them.