Baptist Joint Committee Capital Campaign Update Supporting Bodies Alliance of Baptists American Baptist Churches USA Baptist General Association of Virginia Bill Harris: Baptist General Conference Baptist General Convention of Texas I support the BJC financially Baptist State Convention of North Carolina Cooperative Baptist Fellowship because ... National Baptist Convention of America National Baptist Convention U.S.A. Inc. National Missionary Baptist Convention The principle of attempts by both politicians and reli- North American Baptist Conference Progressive National Baptist separation of gious leaders to break down the wall Convention Inc. church and state separating church and state. I sup- Religious Liberty Council Seventh Day Baptist General has been important port BJC financially because I believe Conference to me as a Baptist every the freedom we enjoy to since my youth when I worship God as we please REPORTfrom the Capital learned about the life and depends on the continued “beliefs of Roger Williams. It separation, and because I J. Brent Walker became more important believe BJC is our best Executive Director when I was privileged to hope for its Jeff Huett count Dr. Emanuel Carlson preservation. Editor as a personal friend, who in Phallan Davis the 1960's was Executive Associate Editor Director of the BJC. It has become Bill and his wife, Virginia, Report from the Capital (ISSN-0346- even more important to me in recent are longtime BJC supporters and live in 0661) is published 10 times each year by years as I see more and more Alexandria, Va. the Baptist Joint Committee. For sub- scription information, please contact the Baptist Joint Committee. Our Challenge—Their Future ” Securing religious liberty for our children and grandchildren

Non-profit Organization U.S. Postage PAID Riverdale, MD Permit No. 5061

200 Maryland Ave., N.E. Washington, D.C. 20002-5797

Return Service Requested

Phone: 202.544.4226 Fax: 202.544.2094 E-mail: [email protected] Website: www.BJConline.org REPORTfrom theCapital Carter endorses BJC effort to establish Center for Religious Liberty in D.C.

Former U.S. President and 2002 Nobel The Center for Religious Liberty will be Prize laureate Jimmy Carter has a state-of-the-art education and training announced his support for the Baptist Joint center and the nerve center for the BJC’s Committee’s effort to secure funding for its activities in Washington. Center for Religious BJC Executive Director J. Brent Walker Liberty. Since leaving said, “We are delighted and honored to office, Carter has have President Carter endorse the BJC’s Newsletter of the worked with Habitat capital campaign. He cares passionately Baptist Joint Committee for Humanity and about human rights and religious liberty. has tirelessly promot- He understands the importance of a con- ed national and inter- tinuing presence of free and faithful Vol.62 No.1 national humanitari- Baptists in the nation’s capital. He also an causes. Carter’s appreciates the value of a full-blown center endorsement and dedicated to these purposes.” influence brings the Mark Wiggs, BJC board chair, points to BJC an important ally Carter Carter’s work, Our Endangered Values: January 2007 in its effort to create the Center that will America’s Moral Crisis, which echoes the serve as a visible monument to the princi- mission of the BJC. In the book, Carter ple of religious liberty for generations to asserts that not upholding church and state come. separation puts Americans’ civil liberties in Carter said, “The Baptist Joint peril. According to Wiggs, “In his recent Committee does important work under book, President Carter, writing with trying conditions. A Center for Religious prophetic urgency about reckless move- Liberty, and a capital campaign to make it ments to entwine church and state, identi- INSIDE: possible, is essential to allow the BJC to do fies religious liberty as one of ‘our endan- its work effectively.” gered values’ in this country. Reflections ...... 3 For seven decades, the BJC has worked Wiggs continues, “His timely warning, to quell attacks on religious liberty and to coupled with his words of affirmation and 110th Congress . .4 maintain the separation of church and encouragement for BJC’s work of protect- state. According to Reggie McDonough, ing this fragile freedom, should inspire capital campaign chair, Carter’s personal religious liberty supporters to give gener- Hollman Report . . . . .6 identity extols the value of religious liberty ously to BJC’s Capital Campaign.” and recognizes the importance of the BJC A champion of Baptist distinctives, News ...... 7 in maintaining such an essential cause. Carter has taken an active role in another McDonough said “President Carter is a cause important to the BJC. Carter hosted champion of religious liberty in the United former President Bill Clinton, Walker and States and around the world. He under- others at the Carter Center in Atlanta Jan. 9 stands first hand the current struggle to to announce plans for a Celebration of a maintain religious liberty. He also under- New Baptist Covenant, tentatively sched- stands the crucial role of the Baptist Joint uled for Jan. 30 – Feb. 1, 2008, at the Committee in this struggle. His endorse- Georgia World Congress Center. The goal ment of the Capital Campaign to expand of the covenant is to create an authentic and enhance our facilities and capacity is a and cooperative prophetic Baptist voice in very significant expression of support.” North America. – Phallan Davis, BJC High court to hear case related to Faith-based Initiative WASHINGTON — Case to determine ‘standing’ to challenge Office relate to the First The U.S. Supreme Amendment’s Court decided Dec. 1 to take its first case related to church- Establishment Clause. state separation since it gained two new justices. Groups concerned about church-state separation say this The high court will consider whether three staffers of the case could help their cause. Wisconsin-based Freedom from Religion Foundation have “We believe that no tax money should be spent to standing as individual taxpayers to advance religion,” said the Rev. Barry challenge aspects of the White House W. Lynn, executive director of Office of Faith-based and Americans United for Separation of Community Initiatives. Church and State. “It’s essential that The Bush administration appealed the justices uphold the principle that the case to the Supreme Court after taxpayers can go to court when their the Chicago-based 7th U.S. Circuit money is being used to advance reli- Court of Appeals ruled 2-1 that the gion.” plaintiffs did have standing in the Lynn and Gaylor both said they case. were hopeful that Chief Justice John “We’re challenging the creation of Roberts and Associate Justice Samuel the White House and Cabinet-level Alito might show further evidence of faith-based offices and their conferences that they are hold- general support they expressed for church-state separation ing with taxpayer money,” said Annie Laurie Gaylor, co- during confirmation hearings. president of the foundation and one of the three plaintiffs, “We welcome this opportunity to make our case and hope in an interview. that they will uphold the separation of church and state,” “If we don’t have standing, nobody has standing and Gaylor said. Bush doesn’t have to answer anyone.” Arguments are scheduled for Feb. 28. If the high court The government, in its petition to the Supreme Court, sided with the Foundation, the case would return to a lower argued that the appeals court’s decision has “far-reaching court for arguments and a decision about its merits. implications” that might give individual citizens “a roving — RNS license” to challenge actions of the executive branch that See related column in HOLLMAN REPORT on page 6.

Appeals court affirms law protecting inmate’s religious rights RICHMOND — Inmate filed suit after being denied kosher meals Congress, but the An appeals court appellate panel dis- has affirmed a federal law protecting the religious rights agrees in its unanimous Dec. 29 decision. of inmates, denying the state of “We hold that RLUIPA is a valid exercise of Congress’ Virginia’s second request that it spending power and that, because Virginia voluntarily be declared unconstitutional. accepted federal correctional funds, it cannot avoid the The Richmond, Va.-based 4th substantive requirements of RLUIPA,” wrote Circuit U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III. ruled in favor of Ira Madison, a He noted that their decision marks the fifth time a fed- Virginia inmate who sued the eral appeals court has ruled that RLUIPA falls within state after officials denied his Congress’ spending power. request for kosher meals. Virginia officials have doubted the sincerity of Madison claims he is a member Madison’s beliefs and cited a history of disciplinary of the Church of God and Saints problems. of Christ and a Hebrew Israelite They earlier had argued that RLUIPA was unconstitu-

January 2007 who is required to eat a kosher diet. Madison argued that tional because it violated the First Amendment’s the denial of the kosher meals violated a provision of the Establishment Clause. A district court agreed, saying it Religious Land Use and Institutionalized Persons Act of impermissibly advanced religion. But the 4th Circuit Report from the Capital Report from 2000. appeals court overturned that decision in 2003. Virginia officials argued that the law is unconstitu- 2 tional because it exceeds the spending power of — RNS REFLECTIONS We Baptists gotta stick together

On a wall in the Baptist Joint Committee offices gious liberty and church-state separation and another hangs a framed blue line draft of a cartoon. Doug on faith in public policy. Several predominately Marlette, the Baptist creator of Kudzu, sent it to us 15 African-American Baptist denominations are plan- years ago soon after the Southern Baptist Convention ning to hold their national meetings in conjunction J. Brent Walker pulled away from the BJC. The cartoon shows with this one. All told, the celebration is expected to Executive Director Marlette’s main character, Reverend Will B. Dunn, attract 10,000, maybe 20,000 people. holding forth behind the pulpit and exclaiming: “We Yes, we Baptists gotta stick together. But, Baptists gotta stick together – after all nobody else Marlette’s Kudzu humor is only half right. It’s also will have us!” true that even some Baptists will not have us either. We have always tried to follow that advice. The Several leaders of the Southern Baptist Convention BJC (for 70 years) along with the Baptist World have already attacked this effort at cooperation and Alliance (for 100 years) are the only bodies in Baptist unity. One leader has rebuked the initiative by attack- life that have succeeded in bringing together a vari- ing President Clinton himself. Attempting to impugn ety of diverse Baptist denominations to formally Clinton’s Christian commitment, he cooperate in work and ministry. digs up an obscure passage in Baptists now are seeking to carry that tradition Clinton’s autobiography, My Life, in forward. In early January, 40 Baptist groups, includ- which he expresses an intellectual ing the BJC, assembled in Atlanta to talk about interest in various world religions, embracing a new Baptist covenant of cooperation. including Voodoo. Meanwhile, The meeting was hosted by President Jimmy Carter, another SBC leader lamented not along with two other Baptist presidents: President having been invited to the meeting. Bill Clinton and Bill Underwood, president of Mercer Although President Carter was University. clear that the project does not set This get-together at the Carter Center was held in out to exclude anyone who is will- conjunction with a meeting of the North American ing to cooperate and disagree Baptist Fellowship, one of the several regional bodies agreeably, the convocation will suffer if it becomes an of the Baptist World Alliance. Baptists from across occasion for re-litigating the Southern Baptist contro- the spectrum, from the United States and Canada, versy in microcosm. However, since the Carter black and white, and ethnic congregations represent- Center gathering was a part of the BWA’s North ing Hispanics, Japanese, Laotians and Ukrainians – American Baptist Fellowship meeting — a group all attended the historic meeting seeking a new vision roundly repudiated by the Southern Baptist for cooperation to advance the Kingdom of God. Convention— why would SBC leaders want to be The meeting also was arranged to announce an there in the first place? It has become painfully clear exciting “Celebration of the New Baptist Covenant,” over the years that the SBC will not participate in a a convocation tentatively set for January 30 – venture it cannot control or dominate. February 1, 2008, in Atlanta. Organizers have estab- With or without the SBC, I believe this initiative

lished a theme titled “Unity in Christ,” and it will be represents an unprecedented hope for a pan-Baptist Report from the Capital organized around Jesus’ first sermon in Luke 4: “The effort at cooperation in ministry. I agree with my spirit of the Lord is upon me, because he has anoint- friend Marv Knox, editor of the Texas Baptist ed me to preach good news to the poor…release to Standard, who has written that “[the New Baptist 2007 January the captives…recovering of sight to the blind, to set Covenant] presents a broad and encompassing agen- at liberty those who are oppressed and to proclaim da – big enough for Republicans as well as the acceptable year of the Lord.” The celebration will Democrats; for Canada, Mexico and the United hold up our diversity in the unity of a biblical, expe- States; for every race and tongue; even for Southern riential and practical faith. It will feature plenary ses- Baptists, who will be welcome if they decide a com- sions, including major addresses by President Carter, passionate cause is more compelling than a creed.” Marian Wright-Edelman, Bill Moyers, and perhaps This is an exciting opportunity. I hope to see you President Clinton. It will also highlight numerous in Atlanta next year. special emphasis workshops including one on reli- 3 110TH Congress bri

he new Congress , for the first time, includes a Muslim, two Buddhists, more Jews than TEpiscopalians, and the highest-ranking Mormon in congressional history. Roman Catholics remain the largest single faith group in Congress, accounting for 29 percent of all members of the House and Senate, followed by Baptists, Methodists, Presbyterians, Jews and Episcopalians. While Catholics in Congress are nearly 2-to-1 Democrats, the most lopsidedly Democratic groups are Jews and those not affiliated with any religion. Of the 43 Jewish members of Congress, there is only one Jewish Republican in the House and two in the Senate. The six religiously unaffiliated members of the House are all Democrats. The most Republican groups are the small band of Christian Scientists in the House (all five are Republican), and members of the Church of Jesus Christ of Latter-day Saints (12 Republicans and three Democrats) — though the top-ranking Mormon in the history of Congress will be Nevada Sen. Harry Reid, the Democratic majority leader. Baptists divide along partisan lines defined by race. Black Baptists, like all black members of Congress, are Democrats, while most white Baptists are Republicans. Notable exceptions include House Majority Leader Steny Hoyer, D-Md., and Sen. Robert Byrd, D-W.Va., who will serve as president pro tem in the new Senate, making him third in succession to the presidency after the vice president and House Speaker Nancy Pelosi, D-Calif. Because 2006 was such a good year for Democrats, they have regained their commanding advantage among Catholics, which had slipped during an era of GOP dominance. In Pennsylvania alone, five new Democrats, all Catholics, were elected to Congress in November, including Bob Casey, who defeated Sen. Rick Santorum, a far more conservative Catholic. In the new Congress, two-thirds of all Catholic mem- “Evangelicals at the Ballot Box” (1996). bers will be Democrats. By contrast, after big Republican Menendez bases his count on how members of gains in 1994, 44 percent of Catholic members of Congress identify themselves. When he did his first tally Congress were Republican, according to Albert after the 1972 election, Congress was still much in the Menendez, a writer and researcher who has been count- sway of a few mainline Christian faiths. At the time, just ing the religious affiliation of members of Congress since three mainline Protestant denominations — Methodists, 1972. Presbyterians and Episcopalians — accounted for 43 per- “It’s a thankless task, but somebody’s got to do it,” cent of all members of Congress, including 51 senators. January 2007 said Menendez, 64, who lives in nearby North Potomac, Come January, those three will account for just a fifth of Md., and has published his counts and analyses first Congress, including 32 senators. Still, all three — espe- Report from the Capital Report from with Americans United for Separation of Church and cially Episcopalians and Presbyterians — continue to be State and more recently in Voice of Reason, the newsletter better represented on Capitol Hill than among the gener- of Americans for Religious Liberty. He is also the author al population. of several books, including “Religion at the Polls” (1977), Other historically important Christian denominations 4 “John F. Kennedy: Catholic and Humanist” (1979) and have suffered steep declines in Congress. Menendez said ings religious firsts

flipped from 2-to-1 Republican to 2-to-1 Democrat.) Evangelical Christians — a category that cuts across denominational lines — are even more underrepresent- ed, according to Furman University political scientist James Guth, all the more so after this year’s defeat of Republican incumbents like Reps. John Hostettler of Indiana and Jim Ryun of Kansas. But perhaps the most underrepresented group in Congress is the 14 percent of all American adults who, according to the 2001 American Religious Identification Survey, conducted by scholars at the Graduate Center at the City University of New York, claim no religion at all. Only six members of Congress, all Democrats, identify themselves as religiously unaffiliated: Reps. John Tierney and John Olver of Massachusetts, Earl Blumenauer of Oregon, Neil Abercrombie of Hawaii, Tammy Baldwin of Wisconsin and Mark Udall of Colorado. Meanwhile, Jews have continued to gain representa- tion in Congress (8 percent in the new Congress) even as their share of the national population has waned (1.3 percent in 2001). But Jewish numbers in Congress also tend to fluctuate with Democratic fortunes. In a year in which Democrats did well in unexpected places, new Jewish members of Congress were elected last fall from Tennessee, Kentucky, Arizona and New Hampshire, as well as more familiar terrain like Florida and Wisconsin. For Buddhists and Muslims, the 110th Congress rep- resents their first congressional representation. The two Buddhist Democrats —Reps. Mazie Hirono of Hawaii and Hank Johnson of Georgia — both have avoided talking about their religion, saying it is an entirely private matter. A spokesman for Hirono, who came to Hawaii with her mother from Japan when she was eight, would only confirm that Hirono was raised in the tradition of her mother’s Jodo Shu Buddhism. the Lyndon Johnson landslide of 1964 brought 14 A spokesman for Johnson would only confirm that he Report from the Capital Unitarians to Washington. In the 110th Congress there became a Buddhist some 30 years ago and is affiliated are two — Rep. Pete Stark, D-Calif., and Sen. Kent with Soka Gakkai International, an American Buddhist Conrad, D-N.D. In the late 1960s there were 29 members association. 2007 January of the United Church of Christ in Congress. In the new Like Johnson, Keith Ellison of Minnesota, the first Congress, there are only six, including Sen. Barack Muslim elected to Congress, is a convert and African- Obama, D-Ill., who joined the church as an adult. American. Raised Catholic, he converted to Islam at age (Obama’s Kenyan father was from a Muslim background 19 while attending Wayne State University. and his American mother’s parents were non-practicing “The election of this first Muslim is quite important Baptist and Methodist.) symbolically,” said John Green, director of the Bliss Through it all, Lutherans have maintained. Menendez Institute of Applied Politics at the University of Akron. said they were underrepresented relative to their popu- “It may very well be the harbinger of greater acceptance lation in 1972, with 16 members of Congress, and remain of Muslims in the future.” underrepresented today with 17. (While their total num- bers have held steady, their political allegiance has — Jonathan Tilove, RNS 5 HollmanREPORT

‘Standing’ at issue in Supreme Court case

K. Hollyn Hollman You know those commercials that ask, “Do ously rejected attempts to challenge some govern- you feel depressed? Do you have trouble sleep- mental spending based solely on taxpayer status, General Counsel ing? Have friends noticed changes in your behav- finding that the plaintiff’s interest in the money ior?” They are designed to get you to a doctor of the treasury was so small and widely shared who will continue the line of questions and deter- and the effect of the payment on the govern- mine if you might need a certain medicine. ment’s action so remote and uncertain that the Lawyers go through a similar line of questions taxpayer could not establish the kind of injury (and, yes, some have commercials) to determine necessary to assert standing. whether to file a lawsuit for a client. Factors to In Flast, however, the Court noted that the par- consider include the type of injury suf- ticular history of the Establishment Clause war- fered, the cause of the injury, and what ranted a different result. The Establishment “The Establishment relief is available. While these questions Clause, the Court recognized, was drafted to pro- are fairly easy to answer in most auto tect religious liberty against the threat that “the Clause ... was drafted to accidents or business disputes, they can taxing and spending power would be used to protect religious liberty be more complicated in the federal favor one religion over another or to support reli- courts. gion in general.” The Court recalled James against the threat that ‘the The Constitution limits the power of Madison’s words in his famous Memorial and federal courts to certain kinds of cases Remonstrance Against Religious Assessments that taxing and spending involving certain kinds of parties. One “the same authority which can force a citizen to power would be used to of the limiting factors for bringing suit contribute three pence only of his property for is that the plaintiff must have “standing the support of any one establishment, may force favor one religion over to sue.” Standing is a doctrine related him to conform to any other establishment in all another or to support reli- to the constitutional requirement of cases whatsoever.” This history allowed the tax- Article III that federal courts will payer plaintiff’s case challenging government gion in general.’ ” decide “cases” and “controversies,” not funding of religious schools to proceed. simply dispense advice. These terms The precise parameters of “taxpayer standing” imply a dispute that arises in an adver- are at issue in Hein v. Freedom From Religion sarial context and is the kind historical- Foundation, which will be heard by the Supreme ly viewed as capable of resolution through the Court in February. The case was brought by a judicial process. group of taxpayers to challenge aspects of the Generally, standing focuses on the person Faith-based Initiative, particularly executive seeking to be heard in federal court, not the actions to establish faith-based offices in govern- issues to be adjudicated. The crux is whether the ment agencies and to hold conferences across the party has enough of a personal stake in the out- country to promote involvement of faith-based come to warrant adjudication of a case. A plaintiff groups in federal funding programs. must allege a personal “injury in fact” that is par- The BJC has vigorously opposed harmful ticularized and palpable, not abstract or hypo- aspects of the Faith-based Initiative and raised thetical. The injury must also be traceable to the flags about some of its inherent dangers. We rec- allegedly illegal conduct and likely to be ognize that litigation sometimes is required to redressed by the requested relief. protect religious liberty, and in this instance, we In rare cases, federal courts have recognized will be defending a rule that permits such cases. plaintiffs as having “taxpayer standing” — stand- The Court will not get to the merits of the case.

January 2007 ing to sue based on the payment of federal taxes Nevertheless, Hein promises to be significant to and the connection between that payment and the future of religious liberty. The Court will

Report from the Capital Report from the governmental expenditure challenged. decide not only if these particular plaintiffs can Taxpayer standing was first recognized in the sue, but whether the doctrine of taxpayer stand- 1968 case Flast v. Cohen, a case involving a reli- ing will be restricted, making it more difficult for gious liberty objection to federal expenditures to Establishment Clause challenges to proceed. Stay 6 private religious schools. The Court had previ- tuned. month by a government-appointed commission that

Phallan Davis joins BJC NEWS recommended the changes to reflect Norway’s evolu- communications staff tion to a modern, multi-faith society. A native of Houston, Texas, Phallan Davis recently “This would mean the biggest changes in the joined the BJC staff as Associate Director of church for 400 years,” Trond Giske, the government’s Communications. church minister, told Reuters in January when the Davis graduated as a student commission report was released. in Baylor University’s Honor Jens Petter Johnsen, director of the Church of College with a Bachelor of Arts Norway’s national council, called the synod’s mid- in public relations and a minor in November vote “historic.” political science. At Baylor, Davis “What matters is the relation between church and was inducted into the Alpha people, not between church and state,” he said. “We Lambda Delta honor society. As a will do our utmost to strengthen the service of the student, she served as news edi- church in and with our people.” tor of, Focus, Baylor’s student The Church of Norway has about 3.9 million mem- magazine. She also served in sev- bers, representing some 85 percent of the Norwegian eral capacities, including the role Davis population. If the changes are implemented, Norway of president, as a member of the will follow neighboring Sweden, which separated university’s chapter of the Society of Professional church and state in 2000. Journalists. The recipient of a Carmege Wells journal- — RNS ism scholarship, Davis won several awards for her fea- ture contributions to the Baylor Round Up yearbook. Davis’s professional history includes internships with the Baylor Office of Public Relations, the Houston Supporters honor, memorialize Astros Baseball Club and the Baylor Line alumni maga- others with donations to BJC zine. Selected as a Congressional Black Caucus Foundation intern, Davis also completed an internship in Congresswoman Sheila Jackson Lee’s Washington The BJC appreciates the following gifts. Thank you! D.C. office. Before joining the BJC, Davis worked in public relations and marketing in Houston. In honor of Larry and Nancy Chesser Todd Heifner and Kevin Heifner Church of Norway ends In memory of Jerry W. Earney status as State church Janet and John Wilborn In a radical revision of its relationship with the In memory of Johnny Heflin Norwegian government, the (Lutheran) Church of Larry Chesser Norway has voted to abolish the nation’s current sys- tem under which it was the nation’s official church. In honor of Madison McClendon on his The mid-November vote at the church’s General 20th birthday Synod meeting in Oyer, Norway, aims to bring to an Michelle, Rod, and Bryce McClendon end the state-church system that has been in place since 1537, when the then-united Denmark-Norway In memory of Rev. Lewis C. and Frances endorsed the Lutheran Reformation. The proposal still McKinney must be affirmed and implemented by the govern- Margie and Carroll Wheedleton ment, and likely will not take effect until 2013. In memory of Sidney Reber Olaf Haraldson, a Viking warrior king, brought Ted and Whitney Hillestad Christianity to central Norway in the 11th century after converting during a raiding tour of England and In honor of Dr. and Mrs. Herbert H. imposed it on his local followers. Reynolds Report from the Capital At the Oyer meeting, delegates voted 63-19 that the Jan and Tom Purdy Church of Norway should no longer be referred to as a state church in the country’s 1814 constitution. Rather, In honor of Buddy and Kay Shurden 2007 January they said, the church should be founded on a separate Walter and Ashley Shurden act of parliament. Sherry Shurden Brewer The Norwegian constitution also says the nation’s Jerry and Pattye Wilson values are based on those of the Lutheran Church, and George and Edna Langley stipulates that half of government ministers must be Greg, Paula, Audrey and Sam Batts Church of Norway members. Dr. Robert M. Shurden In addition, the church meeting said the General In memory of Phil Strickland Synod — not the king of Norway and the government Gayle and Dale Taylor — should exercise authority over church matters. The vote by the synod follows a report issued this 7