REPORTfrom the Capital Supreme Court rules for Hobby Lobby Decision and later action in a nonprofit case spark responses The U.S. Supreme Court ruled June 30 that choose to opt-out of coverage they find objec- a for-profit arts-and-crafts store chain does tionable (nonprofits must notify their insurers not have to offer health insurance coverage of their religious objection, and the coverage for types of birth control that conflict with is provided directly by the insurance com- company owners’ religious beliefs, a decision pany or a third-party administrator). The that provoked swift political and legislative decision said the accommodation “constitutes responses. an alternative that achieves all of the Govern- The decision in Burwell v. Hobby Lobby ment’s aims while providing greater respect Stores, Inc. held that the 1993 Religious Free- for religious liberty.” dom Restoration Act (RFRA) — which sets a The religious nonprofit accommodation Magazine of the high bar for any federal law that restricts re- was the subject of a different lawsuit that Baptist Joint Committee ligious practice — applies to the closely held prompted Court action days later. In an for-profit business. It said the government order July 3, the Court temporarily granted could have found a way to achieve the goals evangelical Wheaton College the ability to Vol. 69 No. 7 of the so-called “contraceptive mandate” of opt-out of providing insurance coverage for the country’s health care law without im- contraception it finds objectionable without pinging on religious rights, which is a RFRA signing a form to do so. The college claimed requirement. that even signing the form (which instead July/August 2014 Lawyers for Hobby Lobby argued that provides for the coverage to be administered the health care law violated RFRA when it by a third party) would make it complicit in required the company and another owned the transaction. by a Mennonite family — Conestoga Wood That order drew a vehement objection of INSIDE: Specialties Corp. — to provide employees the Court’s three female justices. Justice Sonia q Hobby Lobby . . . 2-3 with insurance coverage for birth control Sotomayor, joined by Justices Ruth Bader the companies’ owners found contrary to Ginsburg and Elana Kagan, dissented from their Christian beliefs. RFRA created a legal the order, saying the accommodation already q BJC advocacy . . . 4 standard to ensure that government did not granted to religious nonprofits “is the least substantially burden the exercise of religion restrictive means of furthering the govern- without a compelling reason for doing so. ment’s compelling interests in public health q RLC Luncheon . . . . 6-7 Known as “strict scrutiny” in constitutional and women’s well-being.” law terminology, it requires that the govern- The Court’s actions led to two adminis- ment satisfy a high burden of proof before tration responses in July. After a measure in q International ...... 8-9 infringing citizens’ rights. the U.S. Senate that would have reversed the The Court noted that its decision does Hobby Lobby ruling failed July 16, the Obama not involve publicly traded corporations, for administration said employers that intend to which the owners’ religious beliefs would be drop coverage for some or all forms of contra- Connect with the BJC difficult to discern. It also points out that even ception must notify employees of the change. though employers at the companies cannot Later, the administration said it is developing BJConline.org be forced to cover types of contraception an alternative plan for employees of certain that conflict with their religious beliefs, that charities, hospitals and colleges to receive BJConline.org/ should not be understood to necessarily mean insurance coverage of all FDA-approved Blog employers can refuse to cover any medical methods of birth control without having their procedure — such as immunizations — that objecting employers sign the form that allows conflicts with their personal religious beliefs. the coverage to be provided through other Facebook.com/ The Court said that the Department of means. Administration officials indicated to ReligiousLiberty Health and Human Services has given no media outlets that the new process will be reason why for-profit employers cannot be added as a second way for those nonprofit @BJContheHill extended the same accommodation made employers to opt out. available to religious nonprofits who can —Religion News Service with BJC Staff Reports REFLECTIONS Exploring Hobby Lobby’s narrow victory There is much to criticize in the U.S. Supreme government to accomplish that compelling interest Court’s opinion in the consolidated cases of Bur- under RFRA than the Affordable Care Act’s man- well v. Hobby Lobby Stores, Inc. and Conestoga Wood date. The Court ruled the accommodation that the J. Brent Walker Specialties Corp. v. Burwell. The five-member majority federal government had already given to religiously gave short shrift to the question of whether any bur- affiliated nonprofits could be provided here to both Executive Director den on the exercise of religion is “substantial” and protect the conscience of the owners and extend the ignored the real effects of the requested free exercise protection of the Affordable Care Act to third-party accommodation on the corporation’s employees employees. Although the Court entered a temporary desiring insurance coverage for contraception ser- injunction several days later preserving Wheaton vices. General Counsel Holly Hollman lays out our College’s argument against that form of accommo- concerns on page 3. dation, it strains credulity to believe that a majority The picture, however, is not as grim as some of the justices would not uphold its constitutionali- critics assert. This column will take a look at the ty. “For our part, definition used for the word “person” and highlight Finally, we can take some comfort in Justice the BJC will look a basis for a narrow reading of the decision that will ’s concurring opinion. Although askance at attempts discourage future attempts to expand the prec- he joined in the Court’s opinion — thus making a edential effect to other, perhaps more dubious, free thin majority of five — he took the time to write to amend RFRA. exercise accommodations. separately. Justice Kennedy emphasized the limited We have too much First, we should be sensitive to religious liberty nature of the Court’s opinion. He held up the impor- invested in it to issues in the secular marketplace, including some tance of the Court’s assumption that the Affordable allow one Court for-profit corporations. The Court previously en- Care Act “furthers a legitimate and compelling decision, for better tertained — but ultimately denied — free exercise interest in the health of female employees.” He also claims by an Orthodox Jewish clothing and home was more attentive than the majority opinion to the or worse, to prompt furnishings proprietor (Braunfeld v. Brown, 1961) and need to protect the rights of third parties. After not- an emasculation of a kosher market that was organized by a for-profit ing the importance of the accommodation of religion that very important corporation (Gallagher v. Crown Kosher Super Market in our religiously plural culture, he stated firmly statutory protection of Mass., Inc., 1961). Moreover, Title VII of the Civil that accommodation may not “unduly restrict other for religious Rights Acts of 1964 requires reasonable accommo- persons, such as employees, in protecting their own dation of religion in businesses with 15 or more interests, interests the law deems compelling.” Thus, liberty.” employees. The Religious Freedom Restoration Act the need for Justice Kennedy’s joinder as a fifth vote (RFRA), the law that was applied here, incorporates on any viable Court majority would likely temper a definition of “person” that includes “corpora- willy-nilly extensions of the holding in Hobby Lobby tions.” And, religious liberty principles are applied beyond the confines of its own terms. routinely to houses of worship and other religiously Despite this understanding of the case, several affiliated organizations that are often incorporated. ideas have been proffered to limit the effects ofHob - Thus, the Court correctly declined to summarily by Lobby. A bill that would prohibit employers from disqualify the secular marketplace in general — or denying contraception coverage has already failed for-profit corporations in particular — from enjoy- in the U.S. Senate. Others have suggested limiting ing religious liberty protection. Although one could the protections in RFRA to for-profit corporations reasonably argue against a corporate behemoth as with fewer than 15 employees (thus truly embracing large as Hobby Lobby (with 16,000 employees!), the spirit of a “mom and pop” exception). At least there should be some protection for closely held one scholar advocates amending RFRA to compel “mom and pop” businesses, even when conducted the courts to consider and make explicit findings on through the corporate fiction. the effect of an accommodation on third parties.

July/August 2014 Second, although the majority ignored its own Responses to Hobby Lobby on the part of either

Report from the Capital precedent that holds adverse effects of religious Congress or the administration are complicated accommodation on third parties can violate the First by the upcoming elections. Suffice it to say that Amendment’s (Estate of Thorn- we should not rush to fix something until we fully ton v. Caldor, Inc., 1985), it did assume for purposes understand its ramifications. For our part, the BJC of argument that the government has a “compelling will look askance at attempts to amend RFRA. We state interest” in protecting the health, safety and have too much invested in it to allow one Court welfare of employees wishing to avail themselves of decision, for better or worse, to prompt an emascu- contraception coverage. The Court’s majority then lation of that very important statutory protection for 2 ruled, however, there was a less restrictive way for religious liberty. Report from the Capital July/August 2014 3 General Counsel For more on the For more on the Religious Freedom Act, visit Restoration BJConline.org/RFRA K. Hollyn Hollman . - - - - - Hobby Lobby , that the govern . Hobby Lobby but explicitly did not hold points to (if not fully endorses) a reasonable solu tion. The extreme deference to what amounts to a “substantial burden” in a context where a religious objection conflicts with the rights and independent justifies worries choices of third parties, however, about a slippery slope. While the majority took specific,” it left too pains to say its holding “is very much room and not enough guidance for lower courts to reach reasonable decisions like the one it claims in significant impact on others seemed to matter. matter. significant impact on others seemed to properly deferential when The Court was belief and recognizing the sincerely held religious practice to avoid facilitating certain contraceptive to find too quick, however, methods. The Court was only occurs a “substantial” burden on religion that As health care choices. by virtue of an employee’s “elides” the dissent states, the majority opinion of religious the sincerity the distinction between If the belief and substantiality of religious burden. largely meaning of “substantial burden” is based view without on the religious claimant’s subjective causes (such as an employee’s regard to intervening will health needs and choices), the government of strict scrutiny to meet the highest standard have case. in virtually every Next, the majority “assumed” for purposes of the decision, ment had a compelling interest in providing the services to women at no cost. That contraceptive means that in later cases, including other challenges mandate, the Court may deny to the contraceptive the compelling interest it “assumes” in man It is unclear how quickly the contraceptive date can be altered to ensure its proper effect where object, but at least the Court for-profit employers would override an employee’s health care benefits care benefits health employee’s an would override the Hobby Lobby scenario provided by law. While an not specifically — were — and countless others designed broad terms were ticipated, the statute’s a for religious liberty in to offer strong protection based upon case was of settings. Its design variety the importance of balancing law that recognized interests. protection for religious liberty Of course, strong context, whether interpreting requires attention to provisions. Ignoring constitutional or statutory to decisions that under context inevitably leads concern is mine support for religious liberty. This Ruth Bader evident in the dissent, written by Justice of the “startling breadth” of the Ginsburg, warning restoring a majority opinion. Neither the context of standard nor applying RFRA in the employer- relationship where a religious claim has a employee . ------REPORT - deci Hobby Lobby Employment Division v. Smith Hollman

employees. Balancing interests under RFRA, one interests under RFRA, one Balancing employees. religious objection would not assume an employer’s the Affordable Care Act and the potential conflict Act and the potential conflict Affordable Care the religious objections to certain birth control between methods held by the owner of a business and the medical importance of those methods to some When fighting for RFRA’s passage, no one had When fighting for RFRA’s passage, no one had the religious interests of large, for-profit corpora debates did not anticipate tions in mind. Legislative ways so detached from context that it may under ways intended to mine the balancing standard it was ensure. concern in aspects of Justice ’s 41-page Alito’s 41-page concern in aspects of Justice Samuel opinion. The Court’s decision threatens to stretch purpose and in RFRA’s terms beyond “restorative” action — from the executive or legislative branch branch or legislative action — from the executive — to implement and avoid further delay and denial of benefits. Beyond that reading, there is ample room for ployees of health care benefits. This is the kind of of health care benefits. This is the kind of ployees win-win solution RFRA should provide, though ad mittedly in this case it requires additional political by Brent Walker on page 2) is a fair application of on page 2) is a fair application of by Brent Walker to the employers’ the statute. It suggests an answer em religious liberty concern without depriving practices. in The narrow reading of the decision reflected Anthony Kennedy’s concurrence (examined Justice claimants will win (and indeed they often lose), it lose), it claimants will win (and indeed they often them a chance and cuts down on government gives religious actions that unnecessarily interfere with dard that balances interests, an approach that was that was dard that balances interests, an approach cases prior more common for deciding free exercise to the 1990 decision of religious While the standard does not guarantee stake in its interpretation and application. For us, For us, stake in its interpretation and application. free the measure of RFRA’s protection of religious and a workable stan dom is in its broad coverage As the leader of the coalition that pushed for As the leader of the coalition that pushed for ago and a continuing RFRA’s passage 20 years a significant proponent of its standard, the BJC has dation provided to objecting religious corporations objecting religious corporations dation provided to to Hobby Lobby, a closely could also be provided held for-profit corporation. A narrow reading holds, first, that corporations reading holds, first, that corporations A narrow definition of “person” and are within the statutory Religious Freedom Restoration thus able to assert a that an accommo claim; and secondly, Act (RFRA) of cases with lengthy opinions by a closely divided opinions by a closely divided of cases with lengthy narrow and broad interpreta Court, it is subject to tions. The U.S. Supreme Court’s 5-4 Supreme Court’s The U.S. more interest in religious liberty sion has generated typical is As decades. in decision other any than law Examining RFRA in light of Hobby Lobby light of in RFRA Examining BJC, others urge administration against religious exemptions in taxpayer-funded employment The Baptist Joint Committee for Religious Liberty it expanded the federal government’s existing em- continues to advocate that taxpayer funds should not ployment non-discrimination protections for its own be used in a way that advances or promotes religion, employees to include “gender identity.” and that fundamental fairness requires protecting At the signing ceremony, Obama said, “America’s against discrimination in government-funded posi- federal contracts should not subsidize discrimination tions. Two recent BJC efforts include contacting the against the American people.” president about an impending Executive Order 11246 has been executive order and calling for an amended on other occasions since end to a policy put in place by the it was issued, notably by President Bush administration. George W. Bush. In 2002, he is- When Congress did not advance sued an amending executive order the Employment Non-Discrim- to exempt religious organizations ination Act this summer, Presi- that contract with the govern- dent indicated an ment from the prohibition against interest in increasing non-discrim- employment discrimination on the ination protections for people who basis of religion. are lesbian, gay, bisexual or trans- “Religious freedom ... The BJC has repeatedly called gender. He announced plans to do guarantees us the upon Obama to rescind the Bush so through an executive order that amendment to Executive Order would pertain to employees of freedom to hold any 11246, but it was left intact as the federal contractors. belief we choose and anti-discrimination provisions Following the announcement, the right to act on our were expanded. the administration was lobbied In June, the BJC spoke out heavily by organizations regard- religious beliefs within against another Bush-era policy ing whether the discrimination certain limits. that allows for government-fund- ban should include an exemption It does not, however, ed religious discrimination. When for religious groups that contract provide organizations the Department of Justice released with the federal government. a document that said, based on a While some called for an exemp- the right to discriminate 7-year-old official policy memo, tion, the BJC joined almost 100 using taxpayer dollars.” faith-based organizations “may other groups in sending a letter —Letter to President Obama prefer co-religionists for employ- to the president to ask for just the ees in programs funded by cov- opposite. ered grants” if they meet certain “When a religiously affiliated organization makes criteria, the BJC joined 89 other groups in sounding the decision to request a taxpayer-funded contract the alarm. The coalition sent a letter to U.S. Attorney with the federal government, it must play by the General Eric Holder to request that the DOJ withdraw same rules as every other federal contractor,” ac- the 2007 memo establishing that policy, which inter- cording to the letter. It also noted that, regardless prets the Religious Freedom Restoration Act (RFRA) of the protected class, no organization — religious as overriding all non-discrimination laws. or otherwise — that hires employees with taxpayer Signed by the BJC and many other groups that led funds should be exempt from laws regarding the use in the fight to pass RFRA, the letter to Holder noted of those funds. that “RFRA was intended to provide protection of “Religious freedom is one of our most cherished free exercise rights,” and it was “not intended to cre- values, a fundamental and defining feature of our na- ate blanket exemptions to non-discrimination laws.” tional character,” the letter said. “It guarantees us the At press time for Report from the Capital, no action

July/August 2014 freedom to hold any belief we choose and the right had been taken on the policy interpreting RFRA. Report from the Capital to act on our religious beliefs within certain limits. It The BJC has long supported the role of religious does not, however, provide organizations the right to organizations in partnering with the government to discriminate using taxpayer dollars.” provide needed services in ways that advance gov- President Obama signed the executive order July ernmental interests but do so without the threat of 21, and it did not contain a religious exemption. It government-sponsored religion. The organization amended Executive Order 11246, first issued by Pres- will continue to pressure the administration to ensure ident Lyndon B. Johnson in 1965, by adding “sexual that government funds cannot be used to discriminate orientation” and “gender identity” to the list of pro- based on religion. 4 tected categories for federal contractors. Additionally, —Cherilyn Crowe Supreme Court won’t wade into fight over graduations in churches The U.S. Supreme Court on June 16 let stand a lower own distaste for the public playing of “rock music or court ruling that a Wisconsin high school acted uncon- Stravinsky,” implying he — and they — have to put up stitutionally when it held its graduation ceremonies in a with it but are not damaged by it. local megachurch. “It may well be ... that the decision of the Elmbrook The case, Elmbrook School District v. Doe, involved a School District to hold graduations under a Latin cross high school in a suburb of Milwaukee that rented the in a Christian church was ‘unwise’ and ‘offensive,’” nondenominational Elmbrook Church for its gradua- Scalia wrote. “But Town of Greece makes manifest that an tion exercises multiple times through 2009. In 2012, the establishment of religion it was not.” Chicago-based 7th U.S. Circuit Court of Appeals called Reaction from religious liberty groups was divided. the event “offensive” and “coercive.” The church’s “Church buildings should not be treated like toxic banners, pamphlets, Bibles and other religious materials warehouses simply because they normally house reli- remained in the sanctuary during the graduation. gious activities,” said David Cortman, senior counsel As is their custom, the justices did not give a reason for Alliance Defending Freedom, an Arizona-based legal for declining to hear a challenge to the 7th Circuit rul- group. “We hope the Supreme Court will clearly affirm ing. in a future case that government neutrality toward The decision may be a signal by the Court that despite religion is not achieved by treating it like asbestos in the its approval of sectarian prayers at public meetings in ceiling tiles of society.” the Town of Greece v. Galloway decision in May, it draws “No student should ever be forced to choose between the line at exposing children to religious symbols when missing their own graduation and attending that semi- they have no choice about it. nal event in a proselytizing environment inundated with Justices Antonin Scalia and Clarence Thomas dissent- religious icons and exhortations,” said Alex J. Luchenits- ed in the decision to let the lower court ruling stand. er, associate legal director of Americans United for Sepa- They argued in a seven-page opinion that the Greece v. ration of Church and State and the attorney who argued Galloway decision undercut the 7th Circuit decision in the case on behalf of the plaintiffs. “We are very pleased Elmbrook. that the decision of the appeals court will stand.” In the dissent, Scalia, a Catholic, likened the exposure —Kimberly Winston, Religion News Service of children to religious symbols at graduations to his with BJC Staff Reports

Supreme Court says cross case must first be heard by 9th Circuit The decades-long battle over a cross erected on public wrangling. The first land in will drag out even longer now that challenge came in the Supreme Court declined June 30 to hear the case. 1989, before the In the last full day of its session, the Court said the land surrounding it case must first go to the 9th U.S. Circuit Court of Ap- became a veterans’ peals before the High Court will consider it. memorial. Report from the Capital

The conflict inMount Soledad Memorial Association v. In December, a July/August 2014 Trunk is over a 43-foot cross that sits atop Mount Sole- federal court in San dad on public land in . The cross was erected Diego ruled the cross in the 1950s and has since become a veterans’ memorial. should come down A veterans group that maintains the cross asked the because it violates Supreme Court to let it leapfrog over the 9th Circuit the First Amend- The 43-foot-tall Mount Soledad cross after a lower federal court ruled last December that the ment’s Establishment was installed on public land in Cal- cross should come down. Clause and promotes ifornia in 1954 and remains in place But Justice Samuel Alito, who also issued two major- one religion — Chris- for now. ity decisions for the Court on June 30, said the Supreme tianity — over others. Court would wait for another ruling in this case. But the same court granted a stay, allowing the cross to “The Court of Appeals has not yet reviewed (the remain until the veterans had a chance to appeal. lower court’s decision) on appeal,” Alito wrote. “Any The decision by the Supreme Court to send the case review by this Court can await the decision of the Court back to a lower court could mean the case will last at of Appeals.” least another two to three years. The Mount Soledad cross has a long history of legal —Kimberly Winston, Religion News Service 5 White House official speaks at 2014 RLC Luncheon Melissa Rogers shares how religious freedom and church-state separation shape her work

ATLANTA – The head of the White House’s faith-based Faith-based and Neighborhood Partnerships is not to office reminded the crowd gathered at the 2014 Religious promote faith, but it is to partner with community groups Liberty Council Luncheon to continue to speak up for — both faith-based and secular — to help people who are religious liberty and “never forget how much your voice in need. matters.” Rogers said those non-financial partnerships are “cru- Melissa Rogers, the executive director of the White cial” ways to reach people who are struggling and to let House Office of Faith-based and Neighborhood Partner- them know about available government benefits and ser- ships, spoke to more than 650 people in Atlanta, Georgia, vices, such as new flu shots, veterans benefits and college during the annual event on June 27. Rogers also received aid applications. an award from the Baptist Joint Committee for her life- Rogers shared that another part of her job is imple- time of work to protect reli- menting reforms to the office gious liberty for all people. recommended by a diverse After bringing greetings advisory council appointed from President Barack by President Obama. Before Obama, Rogers recounted working in her current role, the American commitment Rogers served as the chair of to religious liberty and that council. She also led a provided an overview of task force — which included the work of her office. BJC Executive Director Brent “I’m pleased to report Walker — charged with that when it comes to the drafting reform recommen- freedom that allows diverse dations for the office. faiths to thrive, the state Presently, she works to of our union is indeed make sure those recom- strong,” she declared. mended changes are written Rogers noted that the into federal regulations and “We are a better nation because of the work of the Baptist Joint rich religious diversity of Committee,” Rogers told the crowd at the Religious Liberty guidance. For example, ben- the United States — as well Council Luncheon. Photo courtesy of CBF. eficiaries of social services as a tradition of coming will receive written notice of together to solve problems their religious liberty pro- and better the country and the world — is no accident, tections when they receive government-funded services but an “achievement.” through a faith-based or community group. Among other Observing that the First Amendment protection of the statements, the notice informs those individuals that they right to freely exercise religion is easy for most people to cannot be discriminated against because of religion, they understand, Rogers explained that the prohibition against cannot be required to participate in an explicitly reli- a government establishment of religion is a bit more com- gious activity, and privately funded, explicitly religious plicated, even though it is just as important. activities must be separated from the government-funded “No government-established faith is free; it’s a crea- service provided. Rogers said these important reforms ture of the state. State establishment of religion not only are being put into place because “no one should ever be harms the faith that is not favored, it also undermines the pressured along religious lines in order to receive govern- faith that the government embraces,” Rogers said. “The ment benefits.” fact that faiths are free from government endorsement Her office also makes sure policymakers are aware of creates the conditions for religious voices to have credi- the ways in which different policies and laws can affect bility and power on public as well as private issues.” religion, including how changes to child care policies Together, she noted, both the Establishment Clause could affect centers run by congregations and how pol- and the Free Exercise Clause of the First Amendment en- icies on international development could intersect with sure that people of every faith and of no faith are “equal humanitarian and missionary work of faith groups.

July/August 2014 as citizens before their government,” and those protec- “So, in all these things, especially because of the Ameri-

Report from the Capital tions also keep religion as an “independent and authentic can commitment to the letter and the spirit of the First force.” Amendment, it is crucial for policymakers to be mindful She told the crowd it was “our duty” to maintain that about the way in which policy and law impact religious system, and explained how the American commitment to activities, institutions and ideas, and it is essential for us religious freedom and church-state separation shapes her to remember that the First Amendment creates boundar- work at the White House. ies within which the government must operate.” 6 Rogers explained that the mission of the Office of Rogers noted that not everyone agrees about where these boundaries are. “That’s part of our freedom, too, of Photos by Lesley-Ann Hix course, and that makes this task difficult, but it also under- scores its importance.” On a daily basis, people of all faiths and no faith engage the White House on a wide range of policy issues. Rogers urged the crowd to speak up on issues that matter to them, including religious liberty. “When you take the time from your busy life to stand up and to speak out, it makes an impact. It matters. We hear you. It matters at the White House, and it matters in the world.” Before she was appointed to her position in 2013, Rogers served as the director of the Center for Religion and Public More than 650 guests from across the country pack the ballroom. Affairs at the Wake Forest University School of Divinity, as well as a nonresident senior fellow at The Brookings Institution. She was part of the staff of the Baptist Joint Committee from 1994-1999. “I feel like I’m home again,” Rogers told the crowd when she first took the stage. She briefly reflected on her profes- sional journey during her speech, noting that her apprecia- tion for the BJC has grown over the years. “I can safely say that there is no more respected voice on religious liberty in Washington or in the country than the Baptist Joint Com- mittee for Religious Liberty,” she said. After her address, Rogers received the J.M. Dawson Re- ligious Liberty Award. Named for the BJC’s first executive BJC Executive Director Brent Walker presents Melissa Rogers with the director, the award recognizes the outstanding contribu- J.M. Dawson Religious Liberty Award following her keynote speech. tions of individuals in defense of religious liberty for all. The luncheon also included updates from Washington, provided to the crowd by Walker and BJC General Counsel Holly Hollman. Business conducted at the event included the election of four Religious Liberty Council represen- tatives to the BJC Board of Directors. Charles Cates of Washington, Emily Hull McGee of Kentucky, and Jenny Smith of Alabama were elected for the first time, and Joe Kutter of Kansas was elected to his second term. As the in- dividual donor organization of the BJC, the RLC cultivates an understanding of religious freedom among Baptists and Former BJC Executive Director Walker recognizes outgoing BJC the larger public. It is one of the 15 supporting bodies of James Dunn speaks with CBF Exec- Board Member Terri Phelps of the the BJC, with 13 RLC members serving three-year terms on utive Coordinator Suzii Paynter. Religious Liberty Council. the BJC Board of Directors. The Religious Liberty Council Luncheon is held each Visit our RLC Luncheon page year in conjunction with the Cooperative Baptist Fellow- at BJConline.org/luncheon ship General Assembly. The 2015 event is scheduled to be for more photos and a video in Dallas, Texas. of the entire event. —Cherilyn Crowe

The day before the Religious Liberty Council Luncheon, Brent Walker and Holly Hollman led a workshop during the CBF General Assembly reviewing the major religious liberty cases of the current Supreme Court term. The standing-room-only event addressed the Town of Greece v. Galloway decision, challenges to the contraceptive mandate, and the history and legal standard of the Religious Freedom Restoration Act. Standing up for religious liberty in Burma In December of 2013, something remarkable hap- legislation includes penalties of up to two years in jail pened. More than 30,000 people — including many for those applying to convert “with intent to insult, Baptist leaders from around the world — gathered in disrespect, destroy or to abuse a religion,” though it Burma to celebrate the life and legacy of a man and remains unclear how such intent would be proved.3 woman they’d never met. Responding to these developments, the Board Two hundred years earlier, Ann and Adoniram of General Ministries, American Baptist Churches, Judson arrived in Burma to share the Good News USA, at its June 2014 meeting, took action to support of Jesus Christ and to make disciples. Equally, if not legislation currently being considered in Congress more, remarkable than this celebration is the fact that (S. 1885 and H.R. 4377) that would require advances beginning in 2006, as refugees from Burma1 began ar- in human rights and religious liberty by the govern- riving in the United States, many sought ment of Burma as a condition of security Baptist churches in which to continue assistance. In addition, the board has ex- the practice of their faith. The mission pressed its strong concern over restric- that began with the efforts of the Jud- tions of religious liberty in the proposed sons had returned full circle to the land religious conversion law to the govern- of its origins. ments of Burma and the United States. As we celebrate this legacy and the As Baptists, we stand in a long line deep bond between American Bap- of those who have sought to defend tists and the people of Burma, we also and extend religious liberty. As early lament the current state of affairs in as 1611, we held that “The magistrate that country, including abuses targeting is not by virtue of his office to meddle ethnic minority Christians and Muslims with religion, or matters of conscience, and a proposed “Religious Conversion to force or compel anyone to this or that Law” currently being considered by Curtis Ramsey-Lucas form of religion or doctrine, but to leave Burma’s parliament. American Baptist Home the Christian religion free to everyone’s In its 2014 report, the United States Mission Societies conscience, and handle only civil trans- Commission on International Religious gressions, for Christ only is the King Freedom noted that “political reforms in Burma have and lawgiver of the church and conscience.”4 not improved legal protections for religious freedom The government of Burma is clearly meddling and have done little to curtail anti-Muslim violence, with religion, not only with respect to ethnic minori- incitement and discrimination, particularly targeting ty Christians, but also with respect to other ethnic the Rohingya Muslim minority.” The report went minorities, including Rohingya and Kaman ethnic on to indicate that “State-sponsored discrimination Muslims. The government is going where it ought and state-condoned violence against Rohingya and not in matters of faith and conscience. Kaman ethnic Muslim minorities also continued, As the mission of the Judsons has returned full and ethnic minority Christians faced serious abuses circle to the land of its origins, let our concern for during recent military incursions in Kachin state.” religious liberty return to the people of Burma. With When an American Baptist delegation traveled to thanksgiving for the freedom we enjoy, let us exercise Burma in December 2013 for the 200th anniversary it on behalf of all those in Burma who now suffer and Judson celebration, the delegation heard first-hand struggle to practice their faith freely. testimony from the Kachin about the ongoing atroci- ties against them by the military. Based on these vio- Curtis Ramsey-Lucas serves American Baptist Home lations of basic human rights and freedoms, USCIRF Mission Societies as managing director of Resource continues to recommend that Burma be designated as Development and is chair of the Board of Directors of a “country of particular concern,” in 2014, a desig- the Baptist Joint Committee for Religious Liberty. nation the State Department has maintained with respect to Burma since 1999.2 Notes: Meanwhile, Burma’s parliament is considering (1) According to a fact sheet from the Department of State, legislation that would create a governmental regis- the military government in Burma changed the country’s tration board to approve all religious conversions. name to “Myanmar” in 1989, but “[i]t remains U.S. policy to refer to the country as Burma in most contexts.” While stating that “everyone has the freedom to (2) USCIRF Annual Report, 2014 (p. 43) convert from one religion to another,” the law would (3) USCIRF Deeply Concerned by Draft “Religious Conver- require that an individual seeking to do so supply a sion Law,” June 11, 2014 registration board with an extensive list of personal (4) The Amsterdam Confession of 1611, as cited in the information and answers to intrusive questions. The American Baptist Policy Statement on Church and State Obama nominates Rabbi David Saperstein for international religious freedom post The White House nominated Rabbi David Saperstein to expertise, valuable experience serving on the U.S. Commission be the next Ambassador at Large for International Religious on International Religious Freedom, and a passion for reli- Freedom on July 28. gious liberty both in the United States and around the world,” The ambassador-at-large position was created by Congress Walker said. “The United States’ commitment to the cause of with the International Religious Freedom Act of 1998, which international religious liberty will be in good hands under also created the Office of International Religious Freedom. The Rabbi Saperstein’s tutelage.” position heads that office, which promotes religious freedom The BJC and the Religious Action Center of Reform Judaism as a core objective of U.S. foreign policy. have worked together for decades. Saperstein and Walker were Saperstein currently serves as the director and counsel of co-chairs of the Coalition to Preserve Religious Liberty, and, in the Religious Action Center of Reform Judaism — a role he has 2006, Saperstein was the lecturer for the BJC’s inaugural Walter held since 1974. He served as the first chair of the U.S. Com- B. and Kay W. Shurden Lectures on Religious Liberty and mission on International Religious Freedom from 1999 to 2000 Separation of Church and State. and continued to serve as a member until 2001. Saperstein was The position has been vacant since the resignation of the also a member of the President’s Advisory Council on Faith- Rev. Suzan Johnson Cook, a Baptist minister, in October 2013. Based and Neighborhood Partnerships from 2010 to 2011. If confirmed by the U.S. Senate, Saperstein would be the fourth BJC Executive Director Brent Walker applauded the deci- person to hold the position and the first non-Christian. sion. “Rabbi Saperstein brings theological training and legal —BJC Staff Reports State Department report: Religious persecution makes migrants out of millions Secretary of State John Kerry announced July 28 that This edition of the State Department’s annual religious free- Turkmenistan has joined the State Department’s list of worst dom report focused heavily on discrimination, impunity and religious freedom offenders. the displacement of religious minorities. The State Department’s “Countries of Particular Concern” “In 2013, the world witnessed the largest displacement of list had remained static since 2006, when eight countries — religious communities in recent memory,” the report said. “In Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan almost every corner of the globe, millions of Christians, Mus- and Uzbekistan — were designated as CPCs. lims, Hindus, and others representing a range of faiths were Justifying the addition of Turkmenistan, Kerry cited reports forced from their homes on account of their religious beliefs.” of people detained, beaten and tortured for their beliefs, pro- CPCs were not the only offenders named. Kerry cited hibited from wearing religious attire and fined for distributing anti-Muslim sentiments in Europe and a poll from last year religious materials. showing that nearly half of the local Jewish populations in Once part of the Soviet Union, Turkmenistan lies to the some European countries had considered emigrating to escape north of Iran and Afghanistan in Central Asia. It is a mostly anti-Semitism. Sunni Muslim country, and it forbids private worship and The report summary also names Syria, Sri Lanka, Egypt, greatly restricts foreign travel for pilgrimages and religious Iraq, Bangladesh, Indonesia, India and Nigeria for failing to education. protect vulnerable religious communities, which often face All religious organizations in the country must register violence, discrimination and harassment. with the govern- Kerry called the report “a clear-eyed objective look at the

ment, and Shiite state of religious freedom around the world. He called for the Report from the Capital

Muslim groups, CPC designations to be grounded in real action that can help July/August 2014 Protestant groups change reality on the ground. and Jehovah’s Although sobering, this year’s report is not without positive Witnesses have developments. all had their Kerry mentioned Pakistani Muslims who formed human registration appli- chains to protect Christian worshippers after a church bomb- cations denied in ing in Peshawar and a Jewish neighborhood watch team recent years. Je- that helped Muslim leaders in London ensure safe access to hovah’s Witness- mosques after a series of attacks. Secretary of State John Kerry releases the an- es, whose beliefs In April, the U.S. Commission on International Religious nual report on international religious freedom. prevent them Freedom, an independent watchdog panel created by Congress With him are Rabbi David Saperstein (left), President Obama’s nominee to serve as Am- from fulfilling to review international religious freedom conditions, recom- bassador at Large for International Religious mandatory mili- mended that the State Department add Turkmenistan, Egypt, Freedom; and Tom Malinowski, assistant tary conscription, Iraq, Nigeria, Pakistan, Tajikistan, Vietnam and Syria to the list secretary of state for democracy, human rights face particular of CPCs. and labor. Photo: U.S. Department of State harassment. —Brian Pellot, Religion News Service 9 Ground Zero cross can stay at 9/11 museum, appeals court rules A cross-shaped beam from the wreck- Reena Raggi wrote in the court’s deci- age of the World Trade Center can re- sion. main on display in the National Septem- “Such an observer would not under- ber 11 Memorial & Museum at Ground stand the effect of displaying an artifact Zero, a three-judge panel of the 2nd U.S. with such an inclusive past in a Museum Circuit Court of Appeals ruled, dismiss- devoted to the history of the September ing a lawsuit brought by atheists. 11 attacks to be the divisive one of pro- American Atheists filed a federal suit moting religion over nonreligion,” she in 2012 claiming the 17-foot display at the wrote. “Nor would he think the primary museum built with a mix of public and effect of displaying The Cross at Ground private funds was unconstitutional. The Zero to be conveying a message to athe- group said its members suffered from ists that they are somehow disfavored both physical and emotional damages ‘outsiders,’ while religious believers from the presence of the beamed cross, are favored ‘insiders,’ in the political resulting in headaches, indigestion and The steel beams in the shape of a cross community.” are shown in this photo taken at Ground mental pain. Zero after the terrorist attacks of Sept. 11, The beam was found by rescue work- The atheist group filed an appeal after 2001. The ruling means they can remain ers two days after the terrorist attacks a lower court dismissed the lawsuit, shift- on display in the National September 11 and is part of the 1,000 artifacts in a ing the focus from the cross to asking for Memorial & Museum. 100,000-square-foot underground muse- an added plaque that would say some- um. American Atheists can appeal to the thing like “atheists died, too.” entire court or ask the three-judge panel to reconsider its An observer would understand that the cross was also decision before it can file a petition with the U.S. Supreme an inclusive symbol for any persons seeking hope and Court. comfort in the aftermath of the 9/11 attacks, federal Judge —Sarah Pulliam Bailey, Religion News Service

IRS agrees to monitor churches for electioneering The Internal Revenue Service said it will monitor churches the IRS over the issue of church politicking, I think that could and other houses of worship for electioneering in a settlement be very helpful,” he said. “But the fact is, the IRS has been reached with an atheist group. dragging its feet over this matter for some time. What is taking The settlement was reached July 18 in federal court in Mad- so long?” ison, Wisconsin, where the initial lawsuit was filed in 2012 by In 2009, a federal court ordered the IRS to appoint a the Freedom from Religion Foundation, a Wisconsin-based “high-ranking official” to investigate complaints of politicking atheist advocacy group that claims 20,000 members nation- by churches and other tax-exempt organizations. A spokes- wide. man for the IRS declined to comment on the settlement, saying The suit alleged the IRS routinely ignored complaints by the the IRS does not comment on litigation. FFRF and others about churches promoting political candi- Without IRS confirmation, it is unclear if anyone has been dates, issues or proposed legislation. As part of their tax-ex- hired. empt status, churches and other religious groups are prohibit- Of particular concern to FFRF and other First Amendment ed from engaging in partisan political activity. advocacy organizations is “Pulpit Freedom Sunday,” a project At the time the suit was filed, the IRS maintained it was not of Alliance Defending Freedom, an Arizona-based legal group. ignoring complaints of electioneering, but had failed to hire On a designated Sunday, pastors are encouraged to advise an official to investigate church politicking, which it had been their congregations on political matters, such as marriage and ordered to do in 2009 as the result of another lawsuit. abortion rights, and even endorse or oppose candidates. The “This is a victory, and we’re pleased with this develop- last “Pulpit Freedom Sunday” was held in June 2013 with the ment,”said Annie Laurie Gaylor, FFRF’s co-president. participation of more than 1,100 churches. However, under the current congressional investigation of The Freedom from Religion Foundation is widely seen as the IRS for improperly monitoring conservative groups, there the most litigious of the dozen or so national atheist advocacy is a moratorium on all IRS investigations. Still, Gaylor said the groups. It claims to have brought 40 First Amendment law- suit may be revived if the IRS fails to police what she called suits since 1977 and is currently involved in legal challenges to “rogue political churches” after the moratorium is lifted. a Ten Commandments monument, graduation prayers and a But Rob Boston, director of communications for Americans Catholic shrine on public land. United for Separation of Church and State, was more reserved. —Kimberly Winston, Religion News Service “If the FFRF has managed to wrench some concessions from with BJC Staff Reports NEWS BJC announces essay Judge approves settlement in scholarship contest winners Baptist children’s home case The Baptist Joint Committee is pleased to announce A federal judge has approved a settlement in a 14- the winners of the 2014 Religious Liberty Essay Schol- year legal battle over government funding of Baptist arship Contest, sponsored by the Religious Liberty homes for children in Kentucky. Council. The topic asked students to discuss whether The lawsuit started in 2000 when Sunrise Children’s or not religious messages, such as Bible verses on Services fired a staffer, Alicia Pedreira, after discover- “run-through” banners at football ing she was a lesbian. The agency, formerly known as games, should be permitted at public Kentucky Baptist Homes for Children, also was sued school-sponsored events. by Pedreira and other taxpayers who claimed gov- This year, the BJC received 637 ernment money was being used for services “infused submissions from 48 states and the with the teachings of the Baptist faith.” District of Columbia, as well as China Pedreira’s employment discrimination claims were and Albania. dismissed in the courts, but in 2009 the 6th U.S. Cir- The winner of the $2,000 grand cuit Court of Appeals permitted the portion of the suit prize is Daniel Ingham of Ellicott City, Ingham alleging that state-funded activities advanced religion Maryland, for his essay “Run-Through to continue. Banners and Religious References: Ex- “Children will be protected against any kind of ploring the Rights and Responsibilities religious coercion, discrimination or proselytization in Afforded in the First Amendment.” In child care placement centers funded by the state,” said his essay, Ingham argues that cheer- Alex Luchenitser, associate legal director of Ameri- leaders at a Texas high school cannot cans United for Separation of Church and State, of the display Christian run-through banners June 30 decision. at football games because doing so Li “Importantly, the agreement does not indicate there constitutes “public speech being made were any Establishment Clause violations by the Com- by the school that is in direct conflict monwealth or Sunrise,” said U.S. District Court Judge with the Establishment Clause.” He Charles R. Simpson III of Louisville. wrote that the cheerleaders have other Sunrise was not a party to the settlement but un- options available to them for private successfully tried to halt the agreement between the expressions of faith, but once that plaintiffs and the state. Under the agreement, Ken- religious speech enters the sphere of tucky officials must commit to ensuring that religious a public school-sponsored forum, it preferences of children in their care are respected. The threatens to conflict with the Establish- Hsu judge said the agreement, which changes the way the ment Clause. state works with child service providers, did not have The son of John and Hillary Ingham, he will also to satisfy Sunrise. receive a trip to Washington, D.C. in conjunction with Sunrise officials could not be reached for comment, the BJC board meeting in October. Ingham attends but John Sheller, an attorney for Sunrise, told The Church of the Resurrection in Ellicot City and plans to Associated Press that Sunrise intends to appeal Simp- start classes at Providence College this fall. son’s decision. Report from the Capital

The second place winner is Sienna Li of Portland, —Adelle M. Banks, Religion News Service July/August 2014 Oregon. She will receive $1,000 for her essay, “A Tightrope Walk.” She argued that religious messages President signs World War II on “run-through” banners should be prohibited in a public school setting because the cheerleaders holding prayer plaque bill into law the banners enjoy a platform to which other students On June 30, President Obama signed the World War do not have access. The daughter of Charles and Lisa II Memorial Prayer Act of 2013, paving the way for a Li, Sienna will attend Yale University this fall. plaque containing a prayer said by President Franklin The winner of the $250 third place prize is Cathy D. Roosevelt to be placed on the National World War Hsu of Monterey, California, for her essay, “Christian- II Memorial in Washington, D.C. ity in Cheerleading: The Role of the First Amendment The bill was passed by the Senate on June 5 by in Public Schools.” A rising senior at Monterey High unanimous consent, meaning that there was no vote, School, Hsu plans to study political science in college. only a chance for objections. No senator objected. On She is the daughter of Tienhui and Huichu Hsu. June 23, the House of Representatives pushed the bill Now entering its ninth year, the Religious Liberty through on a 370-12 vote. Essay Scholarship Contest is open to all high school The prayer, which President Roosevelt recited on juniors and seniors. The topic for the 2015 contest is D-Day, June 6, 1944, reads in part, “O Lord, give us 1 scheduled to be announced later this year. For more Faith. Give us Faith in Thee; Faith in our sons; Faith in information, please visit our essay contest page at each other; Faith in our united crusade.” www.BJConline.org/contest. —Jordan Edwards 1 Non-profit Organization U.S. Postage PAID Riverdale, MD Permit No. 5061 200 Maryland Ave., N.E. Washington, D.C. 20002-5797

Phone: 202.544.4226 Fax: 202.544.2094 Email: [email protected] Website: www.BJConline.org

Baptist Joint Committee Supporting Bodies: FACES OF RELIGIOUS LIBERTY q Alliance of Baptists q American Baptist Churches USA q Baptist General Association of Virginia q Baptist General Convention of Missouri q Baptist General Convention of Texas q Converge Worldwide (BGC) q Cooperative Baptist Fellowship q Cooperative Baptist Fellowship of Hear five people share their passion for our first freedom North Carolina q National Baptist Convention of Who are some of the people standing America up for religious liberty in their communi- BJConline.org/faces q National Baptist Convention USA Inc. ties? Visit BJConline.org/faces to hear five q National Missionary Baptist individuals discuss their personal connec- Convention tion to the need to defend religious liberty q North American Baptists Inc. and the separation of church and state. q Progressive National Baptist Each story includes a picture, short Convention Inc. description and a recording of the person q Religious Liberty Council telling his or her story. You can hear Mitch q Seventh Day Baptist General Randall discuss his ancestors’ subjection Conference to state-sponsored religious coercion, Brad Bull recount his stance against a govern- REPORTfrom the Capital ment-sponsored Ten Commandments J. Brent Walker display, Madison McClendon talk about Executive Director his playground epiphany in second grade, Mary Elizabeth Hanchey share the bond Cherilyn Crowe she developed with another mother when Editor their newborns were fighting for their lives, and Jeffrey Haggray remember his Jordan Edwards initial embrace of religion as an inherent Associate Editor right. Every connection to religious liberty is Report from the Capital (ISSN-0346-0661) important, and we want to hear from you! is published 10 times each year by the Email us at [email protected] to share Baptist Joint Committee. For subscription your story. information, please contact the Baptist Joint Committee.