Religious symbols in the public square
USC Knight Chair in Media and Religion
Court gives nod to Pledge ‘under God’
The Pledge of Allegiance to “one nation under God” doesn't violate a citizen's right to be free of state-mandated religion, a divided federal appeals court ruled, thus reversing one of its most controversial decisions. The 9th Circuit had ruled in 2002 in a case brought by Sacramento atheist Michael Newdow that the wording violated the First Amendment's Establishment Clause. The Newdow case is further discussed in the University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray.
Culture wars in Texas education
The Texas State Board of Education recently conducted hearings on the content of textbooks and curriculum in state schools. Some members of the board want to adjust American history textbooks to highlight the role of Christianity. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, contains a chapter on religion and public education.
Diablo ‘Si’; Yahweh ‘No’
A California man requested that the U.S. Board on Geographic Names change northern California's landmark Mt. Diablo to Mt. Yahweh, among other possibilities, because he said Diablo (Spanish for "devil") was "profane" and "derogatory." The board rejected his request. See more on religious symbols in the public square here.
French parliamentarians take aim at Islamic veils
A French parliamentary committee has proposed a ban in hospitals, schools, government offices and on public transport. It also recommends that anyone showing visible signs of "radical religious practice" should be refused residence cards and citizenship. "The wearing of the full veil is a challenge to our republic. This is unacceptable. We must condemn this excess," the report said. See the Web Sage primer, “Faith and Conscience in America.”
The Bill of Rights – then, and now
The first 10 amendments to the U.S. Constitution were ratified 118 years ago, Dec. 15, 2009. “Could we find wise leaders today who would put aside politics for the good of the country? Indeed, can we even manage to address the controversial issues that do face us? How many Madisons are out there willing to compromise or reverse positions for the good of the country?” – Los Angeles Times op-ed by Jonathan Estrin and Marshall Croddy, president and vice president of the Constitutional Rights Foundation.
Swiss ban minarets
Swiss voters voters pass a referendum – by a 57.5 vote – banning the defining feature of mosque architecture. The action has sparked an intense debate throughout Europe, which is struggling to cope with the assimmilation of large numbers of Muslim immigrants. Some say the move is necessary to curtail Islamization of European society; others say the action strikes at the heart of religious liberty. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, discusses Muslims in America and Europe on pages 91-92.
Free exercise or fraud?
A French court convicted the Church of Scientology of fraud, fining the French branch $888,000 for swindling former members, but stopped short of shutting down the group. In June, state prosecutor Maud Morel-Coujard had demanded that the church be dissolved and its bookstore shut down. But because of a change in the law after the case had begun, the government could not disband such a group for a conviction of fraud.
When politics becomes religion
“Perhaps the single most profound change in our political culture over the last 30 years has been the transformation of conservatism from a political movement, with all the limitations, hedges and forbearances of politics, into a kind of fundamentalist religious movement, with the absolute certainty of religious belief.” — Neal Gabler, Oct. 2, 2009, Los Angeles Times
American presidents and the Bible
Barack Obama, Abraham Lincoln and many other American presidents quoted liberally from the Bible.
The new University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, places Lincoln's and Obama's rhetoric in the context of American civil religion and the prophetic tradition. See press release. Also see story on the inauguration and ceremonial deism.
‘The full armor of God’
Recently disclosed documents show that former Secretary of Defense Donald H. Rumsfeld commonly prefaced his intelligence reports with biblical verses. The disclosures have added to lingering concerns about the role of religion during the Bush administration.
Assessing religion's role in the '08 election
Rev. Rick Warren's selection to deliver the inauguration invocation; the Rev. Jeremiah Wright's inflammatory statements; and Sarah Palin's cultural-religious rhetoric were all important factors in the 2008 presidential election. Religious Liberty in America provides a comprehensive analysis of religion and politics in America. See press release.
Religious voters helped Obama to victory
Once squarely in the Republican fold, religious voters shifted toward Democrats in 2008, contributing to Obama's historic victory. Obama's ease in talking about his religion helped him win over religious voters. Religious Liberty in America begins with a discussion of the role of religion and values in the 2004 and 2006 elections. See press release.
The Catholic Court?
Sonia Sotomayor’s appointment to the Supreme Court brings the number of Catholics on the Court to six (out of nine). What, if anything, will this mean for the direction of the Court? The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, includes a chapter on the Supreme Court and analyzes the previous two appointees, John Roberts and Sam Alito.
Sotomayor confirmation
Senate confirmation hearings for
Supreme Court nominee Sonia Sotomayor focused more on her “wise Latina” remark than her legal processes and reasoning. Although Sotomayor is the Court's first Hispanic, her appointment brings the number of Catholics on the Court to six (out of nine justices). The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, shows the incongruity between religious affiliation and rulings on abortion, the death penalty, and other issues on which the Catholic Church has stated positions. See news release.
Orange County gets to keep Christmas tree
The "Charlie Brown" Christmas tree has been restored at the Superior Court's Central Justice Center. Officials had the tree temporarily removed in response to a complaint. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, discusses the Supreme Court's handling of holiday displays on public property.
Supreme Court considers Mojave cross
Justices consider whether the display of a cross in a national preserve is a violation of the 1st Amendment ban on establishment of religion. In response to an argument by an attorney the American Civil Liberties Union, Justice Antonin Scalia shot back: “I don't think you can leap from that to the conclusion that the only war dead that the cross honors are the Christian war dead. I think that's an outrageous conclusion.” After the arguments, the Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State, called Scalia's comments "shocking" and "outrageous." The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, covers numerous disputes involving religious symbols on public property, and puts the issue in historical context. See press release.
‘Shrine to political correctness’
The new Capitol Visitor Center has a "sin of omission," according to some members of Congress: The center's replica of the House chamber does not contain the words, "In God We Trust," even though those words are inscribed above the speaker's rostrum in the real chamber. The issue is now the source of a dispute between Congress and the Freedom From Religion Foundation, which contends that the motto's placement would represent an unconstitutional endorsement of religion. In a letter to the center's architect, lawmakers wrote, "None of us should want to construct a $621-million shrine to political correctness that does not accurately reflect a significant part of American history." Religious Liberty in America analyzes the issue of religious symbols in the public square. See press release.
Supreme Court rejects ‘Seven Aphorisms’ demand
The First Amendment does not require a Utah city to display a religious group's "Seven Aphorisms" next to a monument featuring the Ten Commandments in a public park, the Supreme Court ruled unanimously. "Although a park is a traditional public forum for speeches and other transitory expressive acts, the display of a permanent monument is not a forum of expression," said Justice Samuel A. Alito Jr. "Instead, the placement of a permanent monument in a public park is best viewed as a form of government speech." See press release.
Supreme Court to hear Mojave cross case
At issue is an eight-foot-tall cross – honoring fallen soldiers – located in the Mojave National Preserve in California. The case will be the Roberts court's first chance to rule on separation of church and state. The American Civil Liberties Union objected to the cross, and the U.S. 9th Circuit Court of Appeals ruled for the ACLU, declaring the cross an "impermissible governmental endorsement of religion." The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, covers numerous disputes involving religious symbols on public property, and puts the issue in historical context. See press release.
Even the Romans argue over Nativities ...
The new center-right mayor of Rome erected a creche on the Piazza del Campidoglio, a hilltop square, which competes for attention with the Vatican's popular display. Religious Liberty in America covers the issue of Christmas displays on public property and compares the U.S. system of religious liberty with European nations. See press release.
Supreme Court to decide fate of desert cross
A long-running dispute over a cross in the Mojave National Preserve in Southern California may give the Supreme Court a chance to set a precedent. The case arose when a retired park service employee sued the park service with the help of the American Civil Liberties Union, alleging that the cross was an unconstitutional religious display on public land. Religious Liberty in America covers numerous ACLU disputes involving religious symbols on public property. (See the subsection, "Tearing down the idols" on page 35.) See press release.
Cross dedicated near United Flight 93 site
A cross made out of steel from the World Trade Center was dedicated Sunday near where United Airlines Flight 93 crashed into the ground on Sept. 11, 2001. Religious Liberty in America explains how the Supreme Court deals with religious symbols on public property on pages 149-152. See press release.
Judge says cross can remain on Mt. Soledad
A highly visible cross on a San Diego mountaintop can stay as part of a federally owned war memorial, a federal judge ruled. "The court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primarily nonreligious messages of military service, death and sacrifice," wrote U.S. District Judge Larry Alan Burns in his decision filed Tuesday. Justice Sam Alito rebuts “desanctification” on page 166 of Religious Liberty in America. See press release.
Ventura cross endures elements, lawsuits
For more than two centuries, the old mission cross perched on a hill above Ventura has been a highly visible beacon for travelers and pilgrims. In 2003, a local resident filed a lawsuit challenging the city's ownership of the symbol, saying it violated the constitutional separation of church and state. The city averted a lawsuit by selling a one-acre parcel surrounding the cross to a private group. Religious Liberty in America covers numerous disputes involving religious symbols on public property, and puts the issue in historical context. See press release.
No religious tests?
Cecil Bothwell declined to mention God in his swearing-in ceremony to the city council of Asheville, N.C., contrary to a clause in the state constitution that disqualifies from elected office "any person who shall deny the being of Almighty God." The U.S. Constitution states, “No religious test shall ever be required as a qualification to any office or public trust under the United States,” as is discussed in Chapter 1 of Religious Liberty in America.
Oh Lord, stuck in Lodi again ...
At its Sept. 30 meeting, the Lodi City Council resolved to continue prayer invocations before its meetings, and also to allow specific phrases such as “in Jesus' name.” Public prayer has become battlefield in several Central California cities, including Turlock, Tracy, Tehachapi and Lancaster. "It was just our summer for Jesus prayers," said Annie Laurie Gaylor of the Wisconsin-based Freedom From Religion Foundation. She said the group is planning to sue over the issue in California, though it's still unclear which city will provide the strongest case. Religious Liberty in America defines the meaning of "no establishment" as laid out in the First Amendment. See press release.
Spiritual or religious?
A Kabbalah-based program called "Spirituality for Kids" is offered in several Los Angeles public elementary schools. Some embrace the program as a nondenominational effort to teach children how to make wise choices, while others say it illegally brings religion into public schools under the guise of ethics training. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, features a chapter on religion in public schools. See press release.
Roundup of California cases
California courts will consider numerous First Amendment cases in 2009, including a challenge to the cross atop Mt. Soledad in San Diego, a bible club in Yorba Linda, and classroom banners that declare "one nation, under God." Religious Liberty in America includes numerous First Amendment cases in California. See press release.
Obama appeals to religious leaders on healthcare
The president addresses more than 1,000 leaders of different faiths in two conference calls, hoping they will take up his cause on health care reform. News update: Aug. 20, 2009.
Obama administration continues faith-based initiatives program
President Barack Obama announced Feb. 5, 2009, the establishment of the White House Office of Faith-Based and Neighborhood Partnerships, continuing the theme of George W. Bush's Faith-Based and Community Initiatives. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, chronicles the development of government and faith-based partnerships; and how such partnerships are conducted under the mandate of separation of church and state. See press release. Also see Washington Post news story and Los Angeles Times editorial, and Oct. 3 L.A. Times editorial on faith-based hiring.
Catholic Church issues D.C. ultimatum
The Catholic Archdiocese of Washington said it will refuse to continue the social service programs it runs for the District if the city doesn't change a proposed same-sex marriage law. Catholic Charities, the church's social services arm, serves 68,000 people in the city, including the one-third of Washington's homeless people who go to city-owned shelters managed by the church. The church said it supplements funding for city programs with $10 million from its own coffers. Los Angeles Times Editorial.
Mixing religion and diplomacy
A report by the inspector general of the U.S. Agency for International Development determined that some USAID-awarded funds were used for religious activities. According to a Los Angeles Times editorial, "It would be unwise for Washington to subsidize aggressive proselytizing by American missionaries, a source of serious tension in some Islamic countries. But in a world in which religion is often inseparable from politics, diplomacy can't always be conducted from behind Thomas Jefferson's wall of separation." Religious Liberty in America includes a chapter on faith-based initiatives. See press release.
The ‘unitary power’ of the president
A new book by Barton Gellman details how Vice President Dick Cheney advocated and implemented the "unitary executive" theory, whereby the president exercises powers was beyond the reach of legislative or judicial review. Chapter 6 of Religious Liberty in America details how this theory was applied to Faith-Based Initiatives. See press release
Free exercise of tax-free yoga?
Missouri recently imposed a 4 percent sales tax on yoga studios, prompting objection from many practitioners, who say yoga is a spiritual pursuit, and therefore should be tax-exempt. The state's move came as a result of a 2008 state Supreme Court decision, which ruled that fees paid for personal training services at gyms were taxable. The state Department of Revenue determined that yoga and Pilates centers offered similar training services, classifying them as "places of fitness and recreation," not worship.
Government seeks seizure of mosque properties
Federal authorities allege that religious organizations funneled money to an Iranian bank involved in that country's suspected nuclear weapons program. In response, Ibrahim Hooper of the Council on American-Islamic Relations (CAIR) said, "We are concerned that the seizure of American houses of worship could have a chilling effect on the religious freedom of citizens of all faiths and may send a negative message to Muslims worldwide." UC Berkeley law professor Jesse Choper cited instances in which the Supreme Court upheld seizures of bookstores or theaters because they were said to be linked to crimes. "Whether it is seizing a mosque or seizing a bookstore, it doesn't mean there is a special 1st Amendment scrutiny," or protection, Choper said.
Eagle killing raises issue of religious liberty
A Native American from the Wind River Indian Reservation in Wyoming is facing a criminal trial for killing a bald eagle without a permit. Tribal members say eagles are necessary for religious ceremonies. The federal Bald and Golden Eagle Protection Act prohibits killing the birds, but the law provides an exception for Native Americans who use the eagles in ceremonies. The case is not the first time Native American religious practices have run afoul of the law. In the 1990 case, Employment Division v. Smith, the Supreme Court ruled against two Native Americans who were fired from their jobs and denied unemployment benefits for using peyote during Native American religious ceremonies. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, covers the Smith case and its implications.
Islamic sect has free exercise in America
Pakistan officially labels the Ahmadiyya sect non-Muslim and forbids Ahmadis from practicing some of Islam's most basic elements. An Ahmadi imam in Chino, Calif., reflects on the differences between his homeland and America on the issue of free exercise: "In this country, you have complete freedom to worship," said Imam Shamshad Nasir, the spiritual leader of the Chino mosque. "How can we have all this freedom in a Christian country but no Muslim countries offer the same kind of freedom?" The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, defines the meaning of free-exercise and how it has evolved in America.
UCLA grad permitted to ‘thank Jesus’
A UCLA student can thank Jesus in a personal statement to be read during graduation ceremonies. The had initially barred use of the Christian reference. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, features a chapter on religion in public schools. See press release.
Judge gives nod to moment of silence
A federal district Judge in Dallas ruled that a Texas law mandating a moment of silence in public school classrooms does not promote an "excessive entanglement between government and religion." In 1985 Supreme Court case Wallace v. Jaffree, the Court struck down an Alabama school policy authorizing a one-minute period of silence. Religious Liberty in America covers Wallace v. Jaffree in chapters 5 and 7. See press release.
Church vs. IRS
Ministers from 22 states used their pulpits Sunday to deliver political sermons or endorse presidential candidates — defying a federal ban on campaigning by nonprofit groups. Religious Liberty in America discusses the showdown between All Saints Episcopal Church and the IRS on page xii; and the book explains the meaning of the free exercise of religion on pages 14 and 145. See press release. Also see the L.A. Times column, "Beware of the Bully Pulpit," by Tim Rutten; and news update.
May Day marches, immigration and civil religion
Now an annual tradition, thousands of marchers took to the streets in U.S. cities to rally for immigration reform. The immigration debate has raised the core questions: What does it mean to be an American? What are American values? Does God bless America, or que Dios bendiga los Estados Unidos? The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, discusses the immigration debate in the context of civil religion. See press release.
Self-interest 'wrongly understood'
Former Fed chief Alan Greenspan told a Congressional committee that he was at a loss to explain how the financial system broke down.
Some say the financial crisis was the result of poor regulatory structures; others maintain the financial markets were overregulated. Author Claire Berlinski postulates that the crisis was a result of a moral breakdown. Religious Liberty in America deals with civil religion and capitalism on pages 53-55. See press release.
Obama on political incivility
“What gets you on the news is the extreme statement. The easiest way to get 15 minutes on the news, or your 15 minutes of fame, is to be rude,” President Obama said on NBC's Meet the Press. See “A crash course in American coarseness” by Tim Rutten. Also see Web Sage essay on religion and political civility.
Zero-sum political game
South Carolina Congressman Joe Wilson's outburst during President Obama's speech Sept. 9 is indicative of a zero-sum political game and a degeneration of political civility in America. “I think that the opposition has made a decision. They are just not going to support anything for political reasons. ... There's some people who just cynically want to defeat me politically,” President Obama said on Univision.
Bill would allow modification of oath
A bill in California state senate would allow public employees to modify the state oath -- specifically the section that commits all state employees to defend the state and federal constitutions "against all enemies, foreign and domestic." The bill's sponsor, California State Sen. Alan Lowenthal (D-Long Beach), said the state "should not be asking people to violate their faith in order to work for the state of California as long as they will uphold the laws of the state." The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, explores the underlying basis of the First Amendment, the issue of conscience. See news release.
Teacher declines oath; school denies hire
A lecturer was denied an appointment at Cal State Fullerton because of her refusal to sign the state loyalty oath swearing to “defend” the U.S. and California constitutions “against all enemies, foreign and domestic.” Religious Liberty in America discusses conscientious objection on pages 156-159. Update: Lecturer allowed to append oath. See news release.
Math teacher fired, rehired over California oath
Marianne Kearney-Brown, a math instructor and a Quaker, was fired from Cal State East Bay after she inserted the word “nonviolently” in the California oath. Religious Liberty in America discusses conscientious objection on pages 156-159. See news release.
More Americans ‘mix and match’ religious beliefs
Many people attend services outside of their own religion, and blend Christianity with Eastern and New Age beliefs, according to a nationwide survey by the Pew Research Center's Forum on Religion & Public Life. Americans have the idea that religion and spirituality are a matter of choice, according to Paul Lichterman, a professor of sociology and religion at USC.
California split down middle
"Church attendance, which political analysts see as a key indicator of political behavior -- the more often one attends services, the more reliably conservative the vote -- is starkly different in California: In inland areas, almost four in 10 voters said they went to services at least once a week, while three in 10 coastal voters made that claim."
111th Congress reflects religious diversity
Catholics, representing about 24 percent of the U.S. population, now constitute about 30 percent of Congress, according to a recent analysis by Congressional Quarterly and the Pew Forum on Religion & Public Life. The shift reflects greater religious diversity both across the nation and on Capitol Hill. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, documents how America has accommodated religious diversity over the centuries. See news release.
Losing their religion
The percentage of Americans who do not claim a religious identity has nearly doubled since 1990, growing to 15 percent of the populations last year, according to the American Religious Identification Survey. This trend is particularly evident in New England, where the Puritans once held a grip on religious establishments. Nonetheless, religiosity in the United States remains high when compared to other industrialized nations, as is discussed in chapters 1 and 2 of Religious Liberty in America. See news release.
After Iran: Islam At The Crossroads Of History
“The targets and casualties of Muslim violence are overwhelmingly Muslim, rather than American or European, and the toll in destroyed property and economic havoc is Muslim by an even more disproportionate margin. This is not a war between the mandarins of the Atlantic Alliance and the mullahs. It is a civil war within the ranks of Islam, fought across two hemispheres.” — By Frank Viviano, June 18, 2009. See Web Sage article, “Beyond the Clash of Civilizations.”
‘Calm of civilizations’
President Barack Obama attempts to restart America's relations with the Muslim world.
The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, discusses "the clash of civilizations" and Muslims in America on pages 91-92. See the Web Sage article, “Beyond the Clash of Civilizations.”
The purpose-driven pastor
The senior managing editor of Christianity Today, Mark Galli, said megachurch pastor Rick Warren "has that gift of being able to popularize ideas that are in some ways commonplace." Religious Liberty in America discusses religion and marketing on pages 19-20. See news release.
Religion in the modern world
Author Adrian Wooldridge says the U.S. has "gotten it right" when it comes to balancing religion in public life. The University of Massachusetts Press book, Religious Liberty in America: The First Amendment in Historical and Contemporary Perspective by Bruce T. Murray, shows how the U.S. manages the issue through the First Amendment. See news release.
Secure in their persons?
Supreme Court rules that a school's strip search of teenage girl violates Fourth Amendment. See news series on the Fourth Amendment and drug testing.
Whistling Dixie
Matthew J. Franck reviews Kevin Gutzman's Politically Incorrect Guide to the Constitution.
Tyranny of the minority
What happens when one person has the power to dictate the terms of life according to his own whims? The Twilight Zone follows this idea to its extreme in the episode, “It's a Good Life.”