Reportfrom the Capital

REPORTfrom the Capital BJC weighs in on proposed faith-based regulations, affirms progress On October 5, the BJC, working with a government funding of “inherently religious broad coalition of dozens of organizations, activities” to prevent government funding of submitted comments on proposed regula- religion, a violation of the First Amendment. tions that would govern partnerships be- This phrase has proved confusing for some tween the government and faith-based social faith-based providers because the services service providers. These regulations from provided (such as operating a food pantry) nine federal agencies demonstrate a move were motivated by religious directives (for toward sound resolution of a church-state example, Matthew 25:35). The proposed reg- conflict that has been bitterly contested for ulations change the terminology to prohibit Magazine of the more than two decades. government funding of “expressly religious Baptist Joint Committee In early August, the Obama administration activities.” Faith-based providers may not took a significant step to strengthen part- use government funding to pay for overtly nerships between the federal government religious activities such as worship, religious Vol. 70 No. 8 and religious organizations that provide instruction or proselytization. The proposed services for those in need. The issuance of the regulatory changes clarify that activities must September/October proposed rule changes is part of a complex be offered at a different time or in a different administrative process that will continue location from any federally funded program- 2015 over the next few months. The breadth of this ming. development, and its potential to provide A second — and arguably the most import- consistency and protect government benefi- ant — improvement is the requirement that INSIDE: ciaries, is welcome news for religious liberty. beneficiaries receive written notice of their This is the latest in a long story that began rights before receiving services. The written q Board meeting...... 2 with “charitable choice,” a legislative provi- notice would identify five basic beneficiary sion inserted into a handful of social services protections: no discrimination because of laws in the 1990s that affected financial personal religious belief, no requirement to q Pope Francis visit. . . . 3 partnerships between the federal government participate in explicitly religious activities, a and religiously affiliated organizations. requirement that expressly religious activ- In 2001, President George W. Bush empha- ities be separated in time or location from q Fellows Seminar. . . 6-7 sized the importance of these partnerships those which are federally funded, optional through his faith-based initiatives, instituting referral to an alternative provider, and con- regulatory changes aimed at protecting the tact information to whom beneficiaries may q Winning essay . . . . 8-9 religious character of providers and creating report organizations violating these regula- faith-based offices throughout the govern- tions. This is a significant improvement for ment. Building on these developments, protecting individual rights while permitting President Barack Obama created a bipartisan the government to contract with the greatest Connect with the BJC advisory council to shore up legal footing for number of potential providers. what he re-named the White House Office of With the comment period now closed, BJConline.org Faith-based and Neighborhood Partnerships. the agencies will review all the submitted The advisory council’s consensus recom- comments before issuing final rules. While BJConline.org/ mendations formed the basis for President work remains to be done, these proposals Blog Obama’s executive order in November 2010, are a significant step in the right direction which established important guidelines for for strengthening partnerships between the partnerships between the federal government federal government and faith-based service Facebook.com/ and faith-based social service providers. And providers while protecting the religious ReligiousLiberty now, after years of work, these agencies have liberty rights of both the beneficiaries who released notices of proposed rulemaking to receive government services and the groups @BJContheHill implement that order. that provide them. First, the current regulations prohibit —K. Hollyn Hollman Walker announces retirement plans at board meeting WASHINGTON — J. Brent Walker will retire at the end ment in the late 1990s, opposing government-sponsored of 2016 as executive director of the Baptist Joint Commit- displays of Ten Commandments monuments in the mid- tee for Religious Liberty. 2000s, and speaking out against the targeting of individ- Walker announced his plans at the meeting of the BJC uals based on religion during heightened Islamophobia Board of Directors, comprised of representatives of the in the early 2010s. BJC’s 15 supporting member bodies. His tenure also includes an emphasis on education as “It has been a privilege to serve the cause of religious well as advocacy in the courts and Congress, the change liberty through an organization as respected as the Bap- in the agency’s name from “Baptist Joint Committee on tist Joint Committee,” Walker said. “Just as I discerned Public Affairs” to “Baptist Joint Committee for Religious an undeniable spiritual calling to perform this ministry, Liberty” in 2005, and the opening of the Center for Reli- I sense that it is time to turn the reins over to someone gious Liberty on Capitol Hill in 2012. else.” The board meeting also Walker is an ordained minis- included the election of new ter and a member of the U.S. Su- officers, discussion of a new -vi preme Court Bar. He first joined sion statement to guide the BJC the BJC staff in 1989 as associate and the passing of an increased general counsel. In 1993, he operating budget. Daniel Glaze, was named general counsel pastor of First Baptist Church of and, upon the retirement of Ahoskie, N.C., and a represen- executive director James Dunn tative of the Cooperative Baptist in 1999, Walker was called to Fellowship of North Carolina, be the agency’s fifth executive was elected chair. Tambi Swin- director. He is the longest-serv- Walker announces his intentions to retire from the BJC ey, representing the Religious ing staff member in the almost at the end of next year. Liberty Council, was elected 80-year history of the BJC – 2016 will mark his 27th year vice chair. She is the associate pastor of Immanuel Baptist with the organization. Church in Nashville, Tennessee. Jim Hopkins, a represen- Walker’s legacy at the BJC includes working to pass the tative of American Baptist Churches USA and pastor of landmark Religious Freedom Restoration Act in 1993 and Lakeshore Avenue Baptist Church in Oakland, California, Religious Land Use and Institutionalized Persons Act in was elected secretary. The new treasurer is Perry Hopper 2000, standing against efforts to amend the First Amend- of the Ministers and Missionaries Benefit Board who also represents American Baptist Churches USA. After the election of new officers, the board chose a search committee to recommend a candidate to be the next leader of the BJC. The members are Hal Bass, Ark- adelphia, Arkansas; Valoria Cheek, Valley Forge, Penn- sylvania; Dan Hamil, Rocklin, California; Jackie Baugh Moore, Fair Oaks Ranch, Texas; Suzii Paynter, Decatur, Georgia; Oliver “Buzz” Thomas, Maryville, Tennessee; Amanda Tyler, Washington, D.C.; and Glaze serving in

BJC Board Meeting an ex-officio capacity. “With a clear mission, strong staff and needed voice New BJC Board officers from left: Perry Hopper of MMBB and in the public square, I am confident the BJC is poised to American Baptist Churches USA, treasurer; Tambi Swiney of soar to new heights as it enters its ninth decade,” Walker the Religious Liberty Council, vice chair; Daniel Glaze of the said. Cooperative Baptist Fellowship of North Carolina, chair; and Jim Hopkins of American Baptist Churches USA, secretary. —Cherilyn Crowe Report from the Capital September/October 2015

Gus Reyes, representing the Kip Banks of the Progressive Baptist General Convention of National Baptist Convention Texas, talks with Suzii Payn- chats with Jim Johnson of the The BJC Board of Directors is comprised of representatives of the ter of the Cooperative Baptist Baptist General Association of 2 BJC’s 15 member bodies. Fellowship. Virginia. REFLECTIONS Pope Francis: A religious liberty advocate Pope Francis’ visit to the United States — and, for of practicing Christianity and embodied avenues of me, the opportunity to welcome him at the White freedom from ecclesiastical convention. House — was a historic and special time. So much Other remarkable and relevant features of Pope has already been written and said about it, I hate to Francis’ visit were defined by reaction from others. J. Brent Walker try to gild the lily. But, I feel it’s important to shed The first has to do with his embrace of pluralism — Executive Director light on what his visit meant for religious liberty the inclusion of all God’s children in the Kingdom and other matters of interest to the work of the of God and the rights of secular citizenship. This Baptist Joint Committee. was counterposed by Dr. Ben Carson’s thorough I was, first of all, astonished by the energy and repudiation of the fitness of a Muslim to serve stamina of this 78-year-old pontiff. Just watching as president because Islam — in his words — is him travel some 14 hours (round trip) and engage incompatible with the U.S. Constitution. Thank- in peripatetic activity for five days wore me out. fully, almost everyone — including conservative The man is a human dynamo. commentators such as Charles Krauthammer and I appreciated his embrace of religious liberty Michael Gerson — quickly repudiated Carson’s “For five days, across the board without getting into the specif- position, pointing out that the U.S. Constitution poisonous politics ic issues that are the divisive stuff of our culture itself bans religious tests for public office in Article wars. (Even his apparent meeting with Kim Davis VI. The BJC and nearly everyone else joined in the and divisive was private and, according to Vatican reports, he condemnation. dithering pretty extended a pastoral word of comfort to a sister in The second had to do with objections to the much stopped.” Christ without touting her refusal to grant same- pope’s speaking to a joint meeting of Congress on sex marriage licenses.) But, the pope did not recede separation of church and state grounds. (I don’t from potential conflict; he time and again lifted up know why similar concerns were not registered the importance of a full-throated public conversa- about his White House remarks.) A Facebook friend tion about religion in the public square. wrote: “I agreed with almost everything he said. Relatedly, he affirmed pluralism and meaningful The fact that he was there representing the Roman life outside the Roman Catholic Church. He exhibit- Catholic Church or anyone representing such ed a respect for religious diversity and our common groups conflicts with my ‘wall of separation.’” An- humanity. This was quintessentially demonstrated other friend pointed out that Francis was actually by his multi-faith service in New York City that representing the Holy See, which is recognized as a made Ground Zero, the site of a religiously-mo- separate nation and has an embassy in Washington, tivated attack, the venue for a coming together of D.C., making him a religious and political leader. 12 faiths in peace and worship. His extended hand Yes, he is both. Also, the Queen of England — the went beyond the reach of most religious leaders — head of the Church of England — addressed a joint and certainly his predecessors — when he, from the meeting of Congress in 1991. But even as a religious Capitol balcony, implored non-believers who could leader, I think the pope’s address can be justified. not pray for him at least to wish him well. The government is not endorsing Christianity by I was intrigued by the pope’s selection of four allowing the leader of Catholics to speak any more September/October 2015

Americans — Abraham Lincoln, Martin Luther than it would have had it permitted Baptist minis- Report from the Capital King Jr., Dorothy Day and Thomas Merton — to ters like Martin Luther King Jr. or Jesse Jackson to form the scaffolding of his address to a joint meet- speak. Over the past several decades — and per- ing of Congress. I would have not thought of those haps even before — pastors who were serving con- four in this context, but their selection was creative gregations while in Congress (e.g., Rep. Bill Gray) and brilliant. The first two, well-known; the latter routinely addressed the body. Frankly, I remain two, not so much to the general public. The first two more troubled by the daily religious exercises in the — one barely a nominal churchman and the other form of prayer led by government-paid chaplains a Baptist preacher; the latter two — Catholics. All than I am by religious leaders speaking on public four were committed to and worked for freedom, policy issues. but in different ways. Lincoln, the emancipator, Yes, the pope’s visit to the U.S. was therapeutic and King, the culminator of freedom from political and a breath of fresh air. For five days, poisonous oppression. Day, the social activist and exemplar politics and divisive dithering pretty much stopped. of Elizabeth O’Connor’s “journey outward,” and I pray the pope’s humble spirit and soft words of Merton, the Trappist monk dedicating his life to the wisdom will leaven the political culture for the days “journey inward.” Both represented different ways ahead. 3 4

Report from the Capital September/October 2015 Church-State News BJC, broadcoalitionopposetaxpayer-funded discrimination memo –whichanalyzedthehiringpracticesofone According totheletter,a2007 Department ofJustice interfere withaperson’sfreeexerciseofreligion. 1993 federallawmakingitharderforthegovernment to analysis” oftheReligiousFreedomRestoration Act, a to requestareviewofwhattheycall“flawed legal of theUnitedMethodistChurch,sentaletter Aug. 20 Alliance andtheGeneralBoardofChurchSociety United forSeparationofChurchandState,theInterfaith Thediverse coalition,which alsoincludes Americans the basisofreligion. ignore lawsthatprohibitemploymentdiscriminationon faith-based organizationsacceptingtaxpayer fundsto Obama toreviewaBush-eralegalopinionallowing en’s andhealthorganizationsaskingPresidentBarack 130 religious,education,civilrights,labor,LGBT, wom the American BaptistHomeMissionSocietiesareamong TheBaptistJointCommitteeforReligiousLibertyand removed fromOklahomaCapitolgrounds After longbattle, Ten Commandmentsmonument grounds violatedthestateconstitution’sprohibitionon the privately fundedmonumentonthestateCapitol ma Baptists,was theleadplaintiffinalawsuitclaiming and formerexecutive directorofMainstreamOklaho- Bruce Prescott,leaderoftheOklahomaFaithNetwork ment removed fromthestateCapitolgroundsJune30. TheOklahomaSupremeCourtorderedthemonu- grounds. for permissiontoerecttheirownmonumentsonCapitol and theChurchofFlyingSpaghettiMonster,toapply opened thedoorforothergroups,includingSatanists makers triedtosave themonumentbutinendonly Thusendedalongculturewar inwhichstatelaw- from afree-marketperspective. and informationtolegislatorsaboutstate-level issues policy researchorganizationthatprovidesdata from theCapitol.TheOCPA isaprivately fundedpublic Oklahoma CouncilofPublic Affairs justafewblocks ByOct.6,themonumentwas alreadyinstalledatthe after darkwas basedonpublicsafetyandsecurity. and EnterpriseServices,saidthedecisiontodowork JohnEstus,aspokesmanfortheOfficeofManagement court-ordered removal dateofOct.12. homa Capitolgroundssince2012,well aheadofthe Commandments monumentthathasbeenontheOkla- OnOctober5,workersbegandiggingouttheTen from providing contracted-forservices,or even refer memo’s influencebeyond hiring tocreateanexemption letter notesthatothergroups areseekingtoexpandthe various non-discrimination provisions. Additionally, the several agenciestocreateacategoricalexemptionfrom grantee inonegovernment program–isbeingused by rals, basedupon theorganization’sreligious beliefs. - - Smith —calledthememoa“broadanderroneousinter Amendment inthe1990decisionEmploymentDivisionv. Court curtailedfreeexerciseprotectionsundertheFirst worked topassRFRAasaremedyaftertheSupreme the CoalitionforFreeExerciseofReligionthat Signersoftheletter —someofthemmembers that promise.” in thefaith-basedinitiative. It’stimeforhimtofulfill “President Obamavowed in2008toenddiscrimination Separation ofChurchandState, saidinanewsrelease. Garrett, legislative directorfor AmericansUnitedfor when itisfundedwithtaxpayer dollars,”Maggie Religiousdiscriminationis“even moretroubling the letterstates. exemptions tolawsthatprotectagainstdiscrimination,” ercise rights.“RFRAwas notintendedtocreateblanket substantially burdenreligiousexercisetoprotectfreeex applied onacase-by-casebasis,tofederallawsthat TheletterassertsthatRFRA was intendedtobe required bythefundingagreement. ing government contractors todenythosevery services far-reaching consequences,”suchaspotentiallyallow pretation” ofthelaw.Theysaidinterpretation“has monument isofficially“onloan”totheorganization. TheOCPA willtakecareofongoingcosts,andthe of theCapitol,nearlyinvisibletodrivers. The formerlocationwas tuckedupagainstthenorthside will beviewed bythousandsofcommutersevery day. busiest streetsintheCapitolarea,NorthLincoln,soit at theCapitol.Infact,monumentwillfaceoneof EstussaidthevisibilityatOCPA ismuchbetter than home tothemonument. TheRepublicanParty ofOklahomaalsooffered a the streetandinstallit.” for itlastweek, soitwas aneasymattertodrive itdown monument,” Estussaid.“Theypouredtheconcretebase “TheOCPA was thefirsttomakeanoffertake land. purchased withprivate donationsbutplacedonpublic Thewordingiscriticalbecausethemonumentwas religion ….” support ofanysect,church,denomination,orsystem cannot beusedordonated“…fortheuse,benefit, tution. Thearticlestatesthatpublicmoneyorproperty violation of Article 2,Section5oftheOklahomaConsti- Ina7-2ruling,thejusticessaidmonumentwas in using statepropertyinsupportofreligion. —Greg Horton,ReligionNewsService —Bob Allen, BaptistNewsGlobal with BJCStaffReports with BJCstaff reports - - - HollmanREPORT What can we learn from Kentucky’s Rowan County Clerk? For good or bad, a Kentucky clerk became the Solutions that accommodate religious objectors public face, complete with “Eye of the Tiger” and protect the rights of others may require hard K. Hollyn Hollman soundtrack, for religious freedom claims relating to work and should be applauded. General Counsel same-sex marriage. Following the Supreme Court’s marriage decision, the elected Clerk of Rowan The eventual resolution of the events in Rowan County, Kentucky, refused to issue marriage licens- County — full and equal access to marriage rights es and prevented her deputies from doing so. That for all residents, without the clerk’s participation — led to a variety of court filings and legal maneuvers, has largely resolved the controversy. One source of a brief stint in jail, a raucous rally celebrating her the conflict in Kentucky may have been the state’s “The right approach release, commentary from presidential candidates, marriage license procedures themselves. Other to resolving the and finally marriage licenses but still not a com- states have found ways to navigate this conflict. conflict in a county pletely clear resolution. The story has received an In Utah, for example, the process of solemnizing clerk’s office is not exhausting amount of attention. What lessons can a marriage has been “outsourced to any willing we take away from it? celebrant in the community,” according to law necessarily the right professor Robin Fretwell Wilson, “avoiding the approach to other Conscience-based refusals arise in a variety of need to decide whether someone like Kim Davis conflicts ...” settings. must resign or be fired ... .” Revisiting the processes by which states issue marriage licenses would be an Most of the religious objections to same-sex entirely appropriate response to this controversy. marriage have been very different from the high- ly publicized standoff in Kentucky. In all cases, There are limits to religious freedom. sincere claims of religious objection should be heard respectfully. The context is critical to evaluate In Kentucky, the clerk’s claim of religious free- and respond to religious accommodation needs. dom not to issue marriage licenses and to keep oth- Purchasing a wedding cake at a bakery, obtaining ers from doing so interfered with a constitutionally emergency contraception at a local pharmacy, or protected right to marry. That presents a particular- applying building codes uniformly are different ly difficult religious accommodation claim. scenarios where objections have arisen, and they Davis has said that same-sex marriages are not carry different stakes. The right approach to re- valid in God’s eyes. Expression of that religious be- solving the conflict in a county clerk’s office is not lief is protected. But her religious belief is an insuffi- necessarily the right approach to other conflicts, cient basis for her actions given her job. A marriage even though they are all rooted in sincere religious license from Kentucky, or any other state, certifies objections to government regulations. that the couple has met all of the state’s qualifica- tions to be married. If a county clerk is required to

Elected officials have special responsibilities to issue licenses in violation of her conscience, it is September/October 2015 serve the public and enforce the law. not a signal that Due Process and Equal Protection Report from the Capital rights outweigh Free Exercise rights. Instead, it is Elected officials take an oath to uphold the law and recognition that as a government agency, the clerk’s act on behalf of the citizens they serve. When gov- office is not reducible to the individual that holds ernment agents act in their official capacity, the law the office. The office is an extension of the public, views them as extensions of the state, and rightly charged with upholding the rights of all. so. We should look with special scrutiny whenever an individual, acting on behalf of the government, Some advocates on both sides have framed acts in a way that the law prohibits the government disputes like Rowan County’s as a contest between from acting. Of course, officials are also individuals First Amendment rights of religious freedom and with the right to freedom of belief and conscience. Fourteenth Amendment rights of liberty. We should When possible, the law should protect their right to avoid the divisive call to pick sides among our act in accordance with those individual beliefs, es- constitutional liberties, and instead work together pecially when that conduct would not impede their to correct widespread and fundamental misun- governmental duties or imply an official endorse- derstandings about religious liberty that can help ment of religion. avoid such conflicts. 5 BJC Fellows Seminar educates next generation of religious liberty advocates In late July, the inaugural class of BJC Fellows gath- BJC Fellow Alyssa Aldape said the classroom sessions ered in Colonial Williamsburg for an intensive three-day were key, but conversations with others in the class also seminar on religious liberty. The group of young profes- created educational moments. “There is the need for sionals from across the country came together to deepen cross-cultural relationships in the religious liberty their historical, theological and legal understanding of arena,” Aldape said. “We need each other to gain a more religious liberty, as well as develop skills to advocate for inclusive perspective on what religious liberty can be.” the cause throughout their careers. When applying for the program, the individuals In addition to participating in workshops led by BJC committed to being advocates for religious liberty in staff, the Fellows toured the historic grounds at Colonial their houses of worship and communities. In the past Williamsburg, met with interpreters of historical figures months, Fellows have demonstrated their commitment such as Thomas Jefferson and Gowan Pamphlet, and by preaching sermons on religious liberty, teaching engaged with church-state historian (and 2014 Shurden religious liberty lessons to youth groups and writing Lecturer) Michael I. Meyerson, an author and professor articles for publication about lessons learned from the at the University of Baltimore School of Law. experience. 2015 BJC Fellows

2015 BJC Fellows from left: Elijah Zehyoue, Washington, D.C.; Kristen Harris-Bridwell, Abilene, Texas; Lauren McDuffie, Winston- Salem, N.C.; Danielle Ashley, Laurel, Mississippi; Sabrina Dent, Petersburg, Virginia; Katie Ferguson Murray, Dallas, Texas; Kyle Tubbs, Georgetown, Texas; Caitlyn Cook Furr, Arlington, Virginia; Alyssa Aldape, Atlanta, Georgia; Adam Wright, Dallas, Texas. Report from the Capital September/October 2015

From left: Kristen Harris-Bridwell shares during a group discussion on religious liberty advocacy; Brent Walker lectures during a 6 classroom session; Elijah Zehyoue listens to a historic interpreter portraying Baptist minister Gowan Pamphlet. Reflections on the seminar

Lauren McDuffie Sabrina Dent Winston-Salem, N.C. Petersburg, Va. The first full day of the BJC Fellows Throughout my life experiences, I Seminar was focused on two separate have learned to recognize the sacred- but vitally important conversations. BJC ness of humanity and human life. In Executive Director Brent Walker spent my opinion, to diminish the value or the morning leading us in a consider- experience of any group in history is to ation of the biblical and theological un- undermine their relevance to the human derpinnings of religious liberty, while our afternoon with Profes- story. Thus, it is with deep conviction and reflection that I share sor Michael Meyerson was spent considering the lives and work my story of pain, pride, victory, spiritual awakening, healing and of several important Baptist leaders, including Roger Williams, critical analysis as it relates to my engagement in the BJC Fellows John Leland and Isaac Backus. What a legacy to learn from and to Program. Quite honestly, I only imagined the logical and practical be a part of as I live into my own calling as a Baptist minister. outcomes of learning more about the Baptist Joint Committee for It is a challenge as someone who has grown up in the modern Religious Liberty. I never imagined that my experience would Baptist church to consider how much we have changed. Professor cause me to wrestle with who I am spiritually and as a woman of Meyerson began his discussion of Baptist leaders by explaining color who still seeks to tell her story unapologetically in a society the ways that Baptists in the colonial and early American period that seldom listens. of history saw themselves as a “hated minority.” I became in- Maybe I should speak about the internal struggle to engage the creasingly aware of how much more privileged Baptists are in the idea of touring Colonial Williamsburg as a critically thinking adult United States today, as a powerful denominational group within versus adolescent. In elementary school, we were taught stories the context of an American Christianity dominated by mainline about the great settlers who founded America; but, as an adult I Protestants and evangelicals. I also became aware of how much knew better. I wondered, “Who will tell the story of my ancestors? this privilege impacts the way religious liberty shows up as part Or, will the truth about their stories be told?” of the framework of what it means to be Baptist, or if it even And then, there was a mention of Gowan Pamphlet. Who or shows up at all. When we no longer face the urgent necessity to what was a “Gowan Pamphlet”? I recall asking another BJC Fellow fight for our own religious liberty, why would we be compelled to if it was a brochure or a person. They also had no knowledge. But, fight for anyone else’s? to my surprise, Gowan Pamphlet would be that divinely inspired The answer is, of course, in the biblically based understanding voice that would speak hope and healing to my wounded spirit. of soul freedom which we had already spent our morning with Never in my black Baptist seminary experience of being exposed Walker discussing. If we understand ourselves and our fellow to liberation theology was his name mentioned. Yet, he was a travelers on this journey — fellow Baptist or not — to be created black voice in the 18th century spiritual awakening movement for in the image of a God who is sovereign and free, then how else enslaved people who would influence my 21st century experience can we understand the journey of faith except as one in which as BJC Fellow. Not to mention, there was a deeper connection we are free to participate as we feel called? And if this is the case, because of our Virginia Union University roots. how much more important is it for us to defend the right of all For me, the BJC Fellows Seminar was a lived experience which to express their faith in a way that is authentic to them, even allowed me to define my truth, inhale my hopes and exhale my if it does not look the same as the faith that is authentic to us? anxieties while feeling each moment. Thus, I would affirm that my Walker described this soul freedom as our “God-infused liberty cry for humanity was heard in my comments, reflections, conver- of conscience … not because we are Christian, but because we are sations and inquisition about the unspoken and painful history of human.” It seems that this implies an inherent responsibility to slavery during the time of this religious freedom movement. defend that freedom for all. When and where I enter as an authentic voice addressing the I hope to encourage my community of faith to see this work as harsh realities of our difficult past with the spirit guiding me, I an essential part of our identity as both Christians and as Baptists. open a door of greater awareness for my love towards humanity. These are abridged versions of Lauren’s and Sabrina’s reflections. Visit our website to read more.

Visit the BJC Fellows website page • BJConline.org/Fellows To read reflections from each of the program participants, visit BJConline.org/Fellows. The page also includes photos from the experience and videos featuring the BJC Fellows reflecting on the program. Applications to participate in the 2016 BJC Fellows Program will be available in the coming months. 2015 Religious Liberty Essay Scholarship Contest Winner Balancing Act: On Compromise Between Businesses and Workers By Zoe Almeida of San Antonio, Texas

Americans take great pride in describing our nation both as a in its own documentation to even secular beliefs on morals and free society and as a free market. The United States government ethics “which are sincerely held with the strength of traditional has always tried to balance the rights of businesses with the rights religious views.” The sincerity of religious and moral beliefs are of the individual. This conflict has been the basis for landmark usually not called into question in religious discrimination cases, legislation over and over again, from the Square Deal to the New as there is no clear protocol to determine it; the EEOC recom- Deal and beyond. The relationship between workers and manage- mends employers who question the sincerity of an employee’s ment in the United States has radically shifted over time, and is belief “ask an applicant or employee for information reasonably poised to shift once more as the Supreme Court attempts to make needed” to evaluate any requests for religious accommodation. If a decision in the milestone case brought against Abercrombie & all this seems vague, it’s because the law is vague; the law is, after Fitch by Samantha Elauf. all, written to accommodate every possible rights violation. The In 2008, a 17-year-old Muslim woman named Samantha Elauf application of the law depends on careful and judicious interpre- applied for a sales position at an Abercrombie & Fitch store in tation. Tulsa, Oklahoma. After initially receiving a high score during her One can fairly interpret the law as requiring that an employee’s interview with the store manager, she very strong beliefs — moral or religious was ultimately rejected on the grounds — must be accommodated, provided that she didn’t fit the Abercrombie com- doing so does not place undue hardship pany’s “look policy.” Elauf, who wears on the company. But what constitutes a hijab, was told by manager Heather “undue hardship” remains unclear. There Cooke that Abercrombie & Fitch employ- is no solid answer found in the Civil ees are not permitted to wear “hats” at Rights Act, beyond that it must be greater work. Religion was not discussed during than a de minimis cost upon the opera- the job interview, though Cooke later ad- tion of the business. One might argue mitted she had assumed that Elauf wore that misrepresentation of the image of the scarf for religious reasons; regardless, a company should qualify as an undue Cooke declined Elauf for the job. The U.S. Zoe Almeida poses with BJC Education and hardship upon an employer. One could Equal Employment Opportunity Com- Outreach Specialist Charles Watson Jr. and argue that distorting a company’s image Executive Director Brent Walker after reading mission (EEOC) has taken up a lawsuit on her winning essay at the 2015 BJC Board of alienates its fan base and in this way may Elauf’s behalf, arguing that the actions of Directors meeting. place a profit hardship upon the compa- Abercrombie employees amount to religious ny. Abercrombie & Fitch turned down discrimination. Elauf for a position at their store because her headscarf broke The EEOC’s case is based on Title VII of the Civil Rights Act of with their “classic East Coast collegiate style.” Whether or not the 1964, which states in part that “It shall be an unlawful employ- concept of this look is logical — do Muslims not exist on the East ment practice for an employer to fail or refuse to hire or to dis- Coast? — the Abercrombie company absolutely has the right to charge any individual, or otherwise to discriminate against any try to create and enforce a dress code it feels reflects this look. But individual ... because of such individual’s race, color, religion, here we find the crux of the issue: does Abercrombie & Fitch’s sex, or national origin.” According to the EEOC, Title VII applies right to cultivate a brand image outweigh the rights of its workers to “any practice that is motivated by a religious belief” including to express their beliefs? Is it asking too much of a company whose the wearing of religious garb and symbols and that accommo- livelihood depends on its “look” to accommodate deviations from dation for such practices must be made insofar as doing so does that look, even on religious grounds? not place “undue hardship” on employers. Undue hardship is Any resolution to the conflict between Elauf and Abercrombie defined as anything greater than a de minimis cost on the opera- must include a compromise between the interests of both parties. tion of the owner’s business. Private companies have the right to establish the environment of At first glance, the legislation seems cut and dry; but upon their own stores, down to the dress code. But Samantha Elauf’s closer inspection, one can spot numerous ambiguities in the law. headscarf could not significantly change the image of the entire For example, what constitutes a religious belief? Must employers Abercrombie & Fitch organization; claiming that the detail of an really tolerate anything an employee does, if he claims he does it individual’s uniform threatens the image of the entire franchise is for a religious reason? Returning to the Civil Rights Act, the term not credible. Therefore, the burden upon the company to accom- “religion” “includes all aspects of religious observance and prac- modate is not an undue hardship. Abercrombie & Fitch could tice as well as belief, unless an employer demonstrates that he is have accommodated dress code by requesting Elauf don a head- unable to reasonably accommodate to an employee’s or prospec- scarf in company colors, or perhaps in a style altered slightly to tive employee’s religious observance or practice without undue represent their brand of “collegiate” style. Or they could expand hardship.” The EEOC also defines religious beliefs as “all aspects that image to appeal to a more diverse, realistic, and representa- of religious observance and practice,” both those of organized tive, group of college students. and obscure faiths. The Commission expands the definition with- To let the image of the brand trump Elauf’s rights to religious BJC welcomes fall interns 2015 Religious Liberty Essay Scholarship Contest Winner Two fall interns recently began working alongside the Baptist Joint Commit- tee staff in Washington, D.C. Balancing Act: On Compromise Between Businesses and Workers Joshua Beatty of Virginia Beach, By Zoe Almeida of San Antonio, Texas Virginia, is a 2015 graduate of Virginia Wesleyan College. He earned a Bache- expression would set a negative precedent, one which lower lor of Arts, majoring in political science courts and subsequent Supreme Court cases would be required and international studies. He is the Beatty to follow (a concept called stare decisis). If the Supreme Court son of Floyd and Lutricia Beatty. After decides in favor of Abercrombie, it trivializes religious belief; graduation, he completed an intern- deciding in favor of Abercrombie says that businesses can ask ship with the World Affairs Council an individual to act against what are often their very deepest for the Greater Hampton Roads. Beatty convictions in the service of a brand concept. If Abercrombie can plans to attend graduate school in the succeed in lawfully banning hijabs, where does it end? Couldn’t it fall of 2016. also then ban turbans, crosses, the Star of David? Further, if Aber- Destiny Manning of Fort Worth, crombie is allowed to screen out job applicants based on religious Texas, is a senior at Texas Christian garb, there is no reason why other companies won’t adopt the University, majoring in English with Manning same method. This could make it harder for members of minority a double minor in history and political faiths in America to get jobs at all. science. She is the daughter of Anthony and Sandra Letting the scales tip in favor of Abercrombie opens a Pando- Manning and a member of Abundant Life Community ra’s box of legal and moral issues surrounding expression of faith. Church in Crowley, Texas. After graduation, Manning In order to fairly balance the interests of the company with that of plans to pursue a Master of Arts in English and a Juris the individual, a compromise should be made which allows for Doctor. religious expression which does not stray too far beyond the set dress code. Balance is key to keeping our country a free society: between private practices and public interaction, between private Griffen announces titles of business and individual rights. social justice lectures Note: This essay was written before the U.S. Supreme Court’s June deci- On Nov. 12-13, Judge Wendell Griffen sion in EEOC v. Abercrombie. Visit BJConline.org/Abercrombie to will deliver the BJC-sponsored Lectures learn about the case and decision. on Social Justice and Religious Liber- ty at Fuller Theological Seminary in Bibliography Pasadena, California. The event is free Civil Right Act of 1964, §§ Title VII-701-718 (1964). Print. and open to the public. For more, visit BJConline.org/FullerLectures. Totenburg, Nina. “High Court Leans Toward Religious Protection In Head- Griffen scarf Case.” NPR. NPR, n.d. Web. Feb. 2015.

U.S. Equal Employment Opportunity Commission. “Questions and Answers: Lecture #1: Religious Discrimination in the Workplace.” Questions and Answers about Religious Freedom, Equal Protection, and the Ethos Religious Discrimination in the Workplace. U.S. Equal Employment Oppor- of Jesus: Circle, Collision, or Co-Existence? tunity Commission, n.d. Web. Feb. 2015. Thursday, Nov. 12 at 10 a.m. in Travis Auditorium

Lecture #2: Watch online What’s Love Got to Do With It? Confronting Ethical and Discipleship Issues in the 21st Century Friday, Nov. 13 at 10 a.m. in Travis Auditorium

Giving Tuesday 2015 On December 1, the BJC will participate in Giving Tuesday, asking for a swell of support on a single day. Join us on social media to show your support for the BJC Watch Almeida read her essay to the BJC Board of Direc- and consider becoming tors at BJConline.org/Contest. You can also watch videos a monthly donor. of previous winners and learn more about the contest. BJConline.org/GivingTuesday Gifts to the James M. Dunn Next Generation Fund The following people and organizations contributed to the BJC in honor of the life of former executive director James Dunn, who passed away in July. The fund’s goal is to carry on his commitment to training and mentoring the next generation of religious liberty advocates. Visit BJConline.org/DunnFund to learn more.

Lou Emma Adkisson Nancy Cates Fred Halbrooks, Jr. Barbara Joyce Alderman Thomas and Ann Caulkins Nancy Hall Vernon Alger Andrew Chancey Paul and Linda Rae Hardwick Charles Allen Orville and Virginia Chapman Valerie Hardy Loyd and Elizabeth Allen John and Ethel Clancy Flynn and Anne Harrell Adrian and Mary Ann Ashley David Clanton and Barbara Harris Barbara Atchley Jann Aldredge-Clanton Lois Harris Dianne Atkins and John Bertolatus Gloria and Richard Clossman William and Virginia Harris James Autry and Sally Penderson Dorothy Cluff Paul and Wendy Hayes S.B. and Ruth Bagley Anne Compere Neil and Anne Heath Isam and Katherine Ballenger Virginia Boyd Connally James Hedrick Baptist General Convention of Texas Melissa Conway and Timothy Luther Furman and Donna Hewitt Christian Life Commission Gail and Holland Coulter Paul Higgins Anita and Wayne Bare Carol and Michael Craighead Dan Hobbs Wayne Bartee James Cross, Jr. Kenneth and Elizabeth Holden Hal and Mitzi Bass Walter and Linda Cummings Holly Hollman and Jay Smith Barbara Baugh Lois D’Arcangelo Cynthia Holmes Deborah Baughn Carl and Myra Davenport Parma and Robert Holt Lynn and Susan Bergfalk Shuford Davis Billy and Teresa Honeycutt Betsy Berry Beverly Davison Marjorie Hoots James Biggers Leslie and Florence Dearing Rose Marie Householder Ercell Binns Taryn Deaton and Patrick Findlay Larry and Kim Hovis Carolyn and Bill Blevins Darryl and Dorothy DeBorde Barry and Amanda Howard Carol Blythe and Rick Goodman Alice and Stanley DeFries John Howell Susan Borwick Phoebe Delamarter Kathleen and Richard Huber Bonnie Boyd Deniese and Jerry Dillon Janet Hudgins John and Rosemary Brevard Greg Dover Robert Hudson Julian and Charlotte Bridges Trula Duane David Hunter Charles Brown Earl and Paula Dunn Robert Hurt Kristina Woods Brown Edna Dunn Lynwood and Virginia Jenkins Elizabeth Bruton Beth Echols Mary Louise Jenkins Sigurd and Sara Bryan Cindy Lee Edge Dwight and Karin Jessup H. T. and Martha Bryson Oliver and Alison Edwards Hershel and Elizabeth Johnson Bob and Ellen Byrd Harry Eskew Diane Owen Jordan Ralph and Jeanne Byrd Claude and Naomi Evans Elizabeth Jackson-Jordan and Creed Caldwell Michael Feldberg David Jordan Kenneth Cantrell Wayne and Beverly Fink Larry and Mary Kate Knowles William and Cathy Carlson Jacqueline Freisinger Paul and Joanne Kondy Steven and Diane Case Carolyn and David Fulk Virginia Kube Arlano Funderburk Lawrence Lake Forest Gale Sally and John Lake Brad and Susie Gardner Mark Lawson Norman Gearhart, Jr. Norman Lear William Genet James Stanley Lemons William and Marjorie George Gomer Lesch Tucker Gibson, Jr. Kathy and Benjamin Leslie Alice Giffin Richard Lewallen Susan Gillies Jackie Lewis Thomas and Judith Ginn Joseph Lewis Jim Ginnings August and Alta Lovegren Jack and Barbara Glasgow Malcolm Lunceford Stephen and Peggy Gooch Barry Lynn Ed and Peggy Good Jere Maddux Charles and Joyce Granger Patricia Magdamo Barbara Green Warren Magnuson Hugh and Susan Greene C.J. and Phyllis Malloy Barbara Griffin William Malone Gilbert and Virginia Gulick Marshall Marks, Jr. Gifts to the James M. Dunn Next Generation Fund The following people and organizations contributed to the BJC in honor of the life of former executive director James Dunn, who passed away in July. The fund’s goal is to carry on his commitment to training and mentoring the next generation of religious liberty advocates. Visit BJConline.org/DunnFund to learn more.

Gerald Marsh John Reed James Summerville Kathryn and Milton Martin, Jr. Jo Reiter William and Patricia Sutherland Dana Martin and Carol Holtz-Martin Greer and Carol Richardson Carol Sutton Phill and Gloria Martin The Riverside Church, New York, NY J.E. and Carole Tanner Jerry and Adell Martin Margaret Roberson G.J. and Kay Tarazi T.B. Maston Foundation Luwilda Rogers Gayle and Dale Taylor P. L. McCall, Jr. Melissa Rogers Hargus and Doris Taylor Teresa and William McCann William and Jane Roland Henry and Jean Taylor Lamar McCarrell Ashlee Ross Oliver and Lisa Thomas Paul McCraw Gary Ross Tim and Mary Thomas Marsha and James McDaniel Louise and Roy Runyan, Jr. David and Carlynn Thompson Rebecca and Hugh McKinley James and Tennie Russell Constance Tooze Earl and Barbara McLane Robert Sampson Mozelle Towe Jane and Samuel McNeil Drayton and Mary Etta Sanders Tim and Amy Prichard Tutt Michael McWilliams Sandra Sanders Daniel Unger, Sr. Patricia and Roy Medley Clyde and Martha Schneider Michael Usey Martus and Jeanie Miley Randall Scott Rodney and Mamie Van Dyke David Moberg Paula Jean Settle Donald and Carol VonCannon Margaret Monroe-Cassel Carl and Peggy Shafer Brent and Nancy Walker Jack Moore Jack and Faye Shaw Byron Waterman Helen Moore-Montgomery William Macon Sheppard James Waters Jeff and Heather Morgan Art and Gwen Sherwood William and Frances Watkins Clay and Cindy Mulford Tai Shigaki James Oliver Weaver II, Miriam Grace Dorothy Murphy Mildred Slater Weaver and Kellyn Avery Reeves Elizabeth Myers Eldora Sloan Arthur and Jo Ann Webb Jane Naish Amanda Smith Virginia and Ralph Webb, Jr. Marvin Nathan Kathryn Smith Wallace and Alma Webb Jimmy and Kaye Nickell Layne and Dianne Smith Ron and Elinda West LeGrande and Cassandra Northcutt Shirley Smith Ross and Martha West Bill and Charmaine O’Brien Wallace Charles and Elaine Smith Clement and Carole White Hazel and James Oldham Wesley Smith Stan Wilkes Howard Olive William Smith, Jr. Nelda Williams Lloyd Omdahl Charles and Alice Steele James and Glenda Williamson Janice and Larry Page George and Joy Steincross Tim and Lynda Willis Kathryn Palen Lila Stevens Carol Anne Wilson Patricia Parish Dean and Gail Stewart Mary Pilgreen Wilson Emily Patterson Frances Stone Bobbye and Britton Wood Lee Pennington Harold Storey William and Susan Wooten Mark and Aubin Petersen Jim and Carolyn Strange Ray Wyche Robert Pettit Clarrissa Strickland Jeanne and Bernard Yurke Zane Orem Peyton Joe and Terri Phelps Kenneth and Sandra Phipps Ruth and William Pitts, Jr. William and Patricia Ann Polaski Hoyt and Lora Ponder Mary Lynn and Walter Porter Carolyn and Robert Power Andrew and Pamela Pratt Anne Moore Preston Ronnie Prevost Margaret Prine Ella Prichard Jan Purvis Michael and Barbara Queen Thomas Rakestraw David Ramsaur Donald and Virginia Rasmussen 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 Why We Give Supporting Bodies: By Bob and Anne Fowler q Alliance of Baptists Houston, Texas q American Baptist Churches USA We have been giving annually to the san approach to preserving religious liber- q Baptist General Association of Virginia Baptist Joint Committee for at least the last ty is not only well-respected in our nation’s q Baptist General Convention of 15 years. Our awareness of the BJC came capital but well-considered by those who Missouri even before that giving pattern began. seek to govern and to adjudicate. q Baptist General Convention of Texas q Converge Worldwide (BGC) What James Dunn and so We are impressed with q Cooperative Baptist Fellowship many others before him did what the BJC does with its q Cooperative Baptist Fellowship of to build awareness of the resources, and we are com- North Carolina need to preserve religious mitted to continuing to enable q National Baptist Convention of liberty in our country seemed its mission. It is, therefore, America to us to be integral to why we entirely appropriate that we q National Baptist Convention USA Inc. were Baptists. Our freedom might leave some level of q National Missionary Baptist from establishment of reli- legacy after we are gone to Convention gion and the protection of our support the continuing work q North American Baptists Inc. free exercise, enshrined by of the BJC. Including the BJC q Progressive National Baptist our forefathers in the Bill of in our estate planning is our Convention Inc. Rights, have always seemed a natural out- next level of support of its ongoing endeav- q Religious Liberty Council growth of what we Baptists believe about ors, and we believe considering a place for q Seventh Day Baptist General our God and the free choice with which he the BJC in a will or other estate planning Conference endowed each of us. makes sense for lots of other Baptist folk. Having a unique institution like the REPORTfrom the Capital BJC there to defend those twin rights was critical to us. So, when the Southern If you have included the J. Brent Walker Baptist Convention chose to discontinue BJC in your estate plans Executive Director its historical support of the BJC, it seemed or would like more in- Cherilyn Crowe only logical that individuals and individual formation about naming Editor churches needed to step forward to fill that us as beneficiary of a financial void. We have been a part of that will or retirement plan, Jordan Edwards movement. go to BJConline.org/ Associate Editor While we might not totally agree on planned-giving and fill every position the BJC thoughtfully takes, out the simple form. You may also contact Report from the Capital (ISSN-0346-0661) such occasional disagreements themselves Development Director Taryn Deaton at is published 10 times each year by the reflect the very freedoms that the BJC seeks 202-544-4226 or by sending an email to Baptist Joint Committee. For subscription so actively to preserve. Having a non-parti- [email protected]. information, please contact the Baptist Joint Committee.