Tag Archives: supreme court

Chris Rodda: US Troops Can Proselytize with this One Neat Trick

Chris Rodda has long been a “creative” writer, despite her sometimes claim to be an apparent amateur historian. While she has been quick to call out the errors of others with whom she disagrees, she ignores the errors of those who are on her side. She has also published a bevy of, to put it nicely, misleading writings. For someone so quick to call others “liars,” she has a very unique view of the truth.

With that in mind, Rodda published a blog yesterday with an attention-grabbing title:

National Defense Authorization Act to Include Military Training on How to Force Religion on Others.

Like much of what she writes, though, her title wasn’t true. (Most obviously, the NDAA hasn’t left either side of Congress yet, much less gone through conference committee or to the President. In other words, the NDAA doesn’t “include” anything yet.)

The short version of a long, meandering blog (Rodda has never been one for being succinct), is that Rodda is upset about Senate bill 4049, which was introduced in the Senate only a couple of weeks ago. Within it, the Senate requires the US military to conduct training on “Religious Accommodation” that must include:

  • Federal statutes, DoD Instructions, Service regulations regarding religious liberty and accommodation for members of the Armed Forces
  • The Religious Freedom Restoration Act of 1993
  • Section 533 of the National Defense Authorization Act for Fiscal Year 2013
  • Section 528 of the National Defense Authorization Act for Fiscal Year 2016

Of that content, Rodda takes issue only with the Religious Freedom Restoration Act. The RFRA is fairly short, and it says the government cannot “substantially burden” exercise of religion, with some Read more

So Help Me God and the Impact of the Bladensburg Peace Cross

As reported at the Religion Clause, the 1st Circuit Court of Appeals has permitted the optional inclusion of “So Help Me God” in the oath of naturalization. Referring to the test used by the Supreme Court regarding the Bladensburg Peace Cross, the Court said:

We follow the Supreme Court’s most recent framework and apply American Legion’s presumption of constitutionality to the phrase “so help me God” in the naturalization oath because we consider the inclusion of similar words to be a ceremonial, longstanding practice as an optional means of completing an oath. And because the record does not demonstrate a discriminatory intent in maintaining those words in the oath or “deliberate disrespect” by the inclusion of the words, Perrier-Bilbo cannot overcome the presumption.

That amount of legal defense almost seems ridiculous, given that the plaintiff was complaining about an optional phrase. She wasn’t trying to avoid saying something she didn’t want to; she wanted to prevent others the option of saying it. She’d already been given more than one option to omit the phrase: Read more

Breaking: Bayview Cross Will Stand

As previously discussed, the Bayview Cross in Pensacola, Florida, had been challenged on the same grounds as the Bladensburg Peace Cross, with accusations it was an unconstitutional endorsement of the Christian faith.

The original court ruled against the Bayview Cross — reluctantly, essentially asking the Supreme Court to overrule it. The Supreme Court remanded the Bayview Cross case after its Bladensburg ruling.

Now, the 11th Circuit Court of Appeals has finally formally ruled the Bayview Cross can stand: Read more

Manchester POW Bible Case Proceeds, but Standing Questioned

Yesterday, the Federal District Court in New Hampshire allowed the lawsuit against the VA Medical Center POW/MIA display to proceed, and it also permitted the Northwest POW/MIA Network, which erected the display, to intervene. (The POW/MIA Network is represented by First Liberty.) In one of the more interesting arguments, the presiding judge questioned whether the plaintiff had standing because he’s a Christian. Judge Paul Barbadoro [emphasis added]

acknowledged no shortage of case law and legal precedent regarding religious symbols on public property…

But Barrington resident James Chamberlain, the plaintiff in the challenge, is a Christian who attends a Congregational church, and therein lies the rub, according to the judge.

Barbadoro said he knows of no prior case stemming from a Christian challenging a symbol of Christianity.

“If he were an atheist, he would have standing and that would be clear,” the judge said.

There are certainly legal reasons to require “standing” in a judicial proceeding — but Read more

Magistrate Recommends Dismissal in Transgender Pronoun Case

An Ohio magistrate has recommended that Dr. Nicholas Meriwether’s lawsuit against Shawnee State University (previously discussed) be dismissed. Meriwether had sued when it punished him after he refused to address a biologically male student with a female title — though he did agree to use only a last name.

“Speech by a government employee is protected under the First Amendment only if the speech was made ‘as a citizen’ while addressing ‘a matter of public concern,’” Litkovitz’s recommendation filing reads. “A government employee’s speech is made ‘as a citizen’ and is protected under the First Amendment only when the speech is not ‘pursuant to [the employee’s] duties.’”

That’s an awkward justification, because Meriwether was not punished for making what he claimed was protected speech. Instead, he was being required by the government to have certain content in his speech — content that conveyed a particular ideological view.

The ADF lawyers helping Meriwether said they’ll object on that basis: Read more

Supreme Court: Bladensburg Cross Will Stand

A government that roams the land, tearing down monuments with religious symbolism and scrubbing away any reference to the divine will strike many as aggressively hostile to religion. Militantly secular regimes have carried out such projects in the past…
– Justice Samuel Alito

Yesterday the US Supreme Court issued a 7-2 decision that the Bladensburg Peace Cross could continue to stand and be maintained by the state — even though it was “undoubtedly a Christian symbol.” (Of note, the case was reversed and remanded “for further proceedings,” not simply dismissed.)

Some reports focused on the multiple opinions published by the justices, though these reports largely seemed to come from critics who believed that emphasizing the “splintered” nature of the ruling would Read more

1 2 3 9