Yesterday, Liberty Counsel Celebrated Christian Freedom Day

Yesterday, like presidents before him, President Trump issued a proclamation commemorating Thomas Jefferson’s work in writing Virginia’s

Cover of Getting Jefferson Right, used by permission
Cover of Getting Jefferson Right, used by permission

Statute for Religious Freedom (full text here) which was adopted by the Virginia legislature on January 16, 1786. The law ended the establishment of the Anglican church in Virginia and recognized freedom of conscience in the state.
Jefferson meant for that freedom of conscience to extend beyond Christian denominations to all religions or none. However, ultra-conservative Liberty Counsel does not appear to recognize the breadth of Jefferson’s work. In their press release, the Statute on Religious Freedom is described as follows:

Religious Freedom Day is celebrated in America each year on January 16 to commemorate the 232nd anniversary of the passing of the 1786 passage of Thomas Jefferson’s Virginia Statute of Religious Freedom that ended the state-established church in Virginia, finally protecting religious rights for all denominations. The Anglicans had fined, persecuted, jailed and murdered Christians who were not part of the state-established church. However, Jefferson, a lifelong fervent advocate for the rights of religious liberty and religious conscience, worked hard to protect and defend those Christians. (emphasis added)

Liberty Counsel’s presser refers to denominations of Christianity and to Jefferson’s work to defend Christians. In the past, Liberty Counsel chairman Mat Staver has questioned the status of Islam as a religious worthy of First Amendment protection. Staver is also of the David Barton school of thought regarding the First Amendment — that the purpose of it was to prevent a Christian denomination from being established. In other words, when the First Amendment says religion, it means Christianity.

What Did Jefferson Mean?

In fact, there was an effort in the Virginia legislature to limit the scope of Virginia’s statute to Christians during debate on the bill. Jefferson wrote about it in his autobiography:

The bill for establishing religious freedom, the principles of which had, to a certain degree, been enacted before, I had drawn in all the latitude of reason & right. It still met with opposition; but, with some mutilations in the preamble, it was finally past; and a singular proposition proved that it’s protection of opinion was meant to be universal. Where the preamble declares that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed, by inserting the word “Jesus Christ,” so that it should read “departure from the plan of Jesus Christ, the holy author of our religion” the insertion was rejected by a great majority, in proof that they meant to comprehend, within the mantle of it’s protection, the Jew and the Gentile, the Christian and Mahometan [Islam], the Hindoo, and infidel of every denomination.

According to Jefferson, the effort did not succeed. He meant his religious freedom bill to cover all people, of all religious ideas or no religious ideas.

What Religious Freedom Really Means Now

Ultimately, religious freedom at this particular time for this particular group means the freedom to discriminate against people, usually GLBT people in providing public services. In general, I think those who provide services to the public should provide them to GLBT people, even if they personally disagree with some aspect of those they serve.
But that’s just me and my beliefs. I know others believe differently, and the beauty of this nation is that they are free to believe it. What we will find out over the next few years is if they are free to discriminate based on that belief.

Supreme Court Decision: Should Public Funds Help Build Church Playgrounds?

photo-1473261912432-55081882c1fb_optThe Supreme Court today said yes: if other nonprofits are eligible for state funds to refurbish a playground, a church shouldn’t be denied the same funds on account of being a church. In Trinity Lutheran Church of Columbia MO v. Comer, the Court decided 7-2 that states may not discriminate when awarding such funds (read decision).
At issue was a ministry of Trinity Lutheran — their daycare — and funds which they wanted from MO for placing a rubber surface on the space. MO had a rule which eliminated churches on antiestablishment grounds. The court said the state could not refuse to provide funds to a nonprofit just because it was a church.
On the surface, this may seem like a win for churches, but I am not so sure what strings may be attached, nor does it seem wise for tax dollars to go to a church, even if the church uses those funds for playground resurfacing. Eventually, those dollars aid the church in religious purposes, it seems to me, which might not seem so bad when it is your church but might seem to be a problem when it isn’t.

Donald Trump Signs Executive Order on Religious Freedom (with Text)

Although it is much ado about nothing much, Donald Trump signed an executive order on religious freedom today. After reading through it, I am pretty sure Christian bakers, florists, and photographers are still going to have to serve gays. I don’t think this order changes anything. All of these directives specify that any actions be done within existing law. Any real changes must come via legislation.
You can read it here and below:
THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
May 4, 2017
EXECUTIVE ORDER
– – – – – – –
PROMOTING FREE SPEECH AND RELIGIOUS LIBERTY
By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to guide the executive branch in formulating and implementing policies with implications for the religious liberty of persons and organizations in America, and to further compliance with the Constitution and with applicable statutes and Presidential Directives, it is hereby ordered as follows:
Section 1. Policy. It shall be the policy of the executive branch to vigorously enforce Federal law’s robust protections for religious freedom. The Founders envisioned a Nation in which religious voices and views were integral to a vibrant public square, and in which religious people and institutions were free to practice their faith without fear of discrimination or retaliation by the Federal Government. For that reason, the United States Constitution enshrines and protects the fundamental right to religious liberty as Americans’ first freedom. Federal law protects the freedom of Americans and their organizations to exercise religion and participate fully in civic life without undue interference by the Federal Government. The executive branch will honor and enforce those protections.
Sec. 2. Respecting Religious and Political Speech. All executive departments and agencies (agencies) shall, to the greatest extent practicable and to the extent permitted by law, respect and protect the freedom of persons and organizations to engage in religious and political speech. In particular, the Secretary of the Treasury shall ensure, to the extent permitted by law, that the Department of the Treasury does not take any adverse action against any individual, house of worship, or other religious organization on the basis that such individual or organization speaks or has spoken about moral or political issues from a religious perspective, where speech of similar character has, consistent with law, not ordinarily been treated as participation or intervention in a political campaign on behalf of (or in opposition to) a candidate for public office by the Department of the Treasury. As used in this section, the term “adverse action” means the imposition of any tax or tax penalty;
the delay or denial of tax-exempt status; the disallowance of tax deductions for contributions made to entities exempted from taxation under section 501(c)(3) of title 26, United States Code; or any other action that makes unavailable or denies any tax deduction, exemption, credit, or benefit.
Sec. 3. Conscience Protections with Respect to PreventiveCare Mandate. The Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services shall consider issuing amended regulations, consistent with applicable law, to address conscience-based objections to the preventive care mandate promulgated under section 300gg-13(a)(4) of title 42, United States Code.
Sec. 4. Religious Liberty Guidance. In order to guide all agencies in complying with relevant Federal law, the Attorney General shall, as appropriate, issue guidance interpreting religious liberty protections in Federal law.
Sec. 5. Severability. If any provision of this order, or the application of any provision to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other individuals or circumstances shall not be affected thereby.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
May 4, 2017.
###
I can’t see that it changes anything since the Department of Treasury is required to act within existing law. Since the Johnson Amendment is law, Congress will need to change it. Trump just whipped up a bunch of excitement with little or nothing to show for it.

Eric Metaxas Says His History of Religious Liberty Has Been Misrepresented

Responding to Rachel Held Evans on Twitter, Eric Metaxas claimed his position on religious liberty during colonial times has been misrepresented.


I’d like to know how his position has been misrepresented. Please, Mr. Metaxas enlighten us with passages from your book.  John Fea from Messiah College, Tracy McKenzie from Wheaton College and Greg Frazer from The Master’s College all represented you via passages from your book. Here are the passages we relied on.

For another, because of the religious disparity among them they had a deep and abiding respect for religious freedom and were well practiced in living with those who held different beliefs from their own.  (p. 10)
The founders, however, had quite another idea, based on their experience in the colonies over the decades before, where the idea of total religious freedom was paramount. They had already experienced this religious freedom as part of life in the American colonies. The very first settlers on American shores had left their lives behind precisely for this freedom. So the founders had observed something entirely different in America, something that had successfully operated for nearly a century: a complete tolerance of all denominations and religions, such that the people were not coerced to believe but could believe and worship precisely as they wished. (pp. 34-35)
Since the Pilgrims came to our shores in 1620, religious freedom and religious tolerance have been the single most important principle of American life. This was the genius at the heart of it all. But tragically this linchpin of American liberty has been more misunderstood in recent years than at any time in our existence. (p. 70)
So 124 years before the Constitution and 139 years before Jefferson’s famous letter to the Danbury Baptists, an American document was establishing this idea of religious liberty as sacrosanct, so to speak, as a central component of American freedom. (p. 72)
One of the main reasons the United States came into being was because people had left Europe, where this ‘establishment’ of religion was going on all the time and was manifestly monstrous and destructive to individual freedom. People’s lives were ruined if they didn’t choose the ‘right’ religion. The founders knew that the country they were hoping to live in must be nothing like that. Everyone must be free to decide what religion he would choose— and the government would not choose any religion. It would be impartial toward all of them. Indeed, because America was the place to which so many who were being persecuted for their religious beliefs in Europe repaired, it became a place where many Christian denominations lived cheek by jowl. The main thing was not that one belong to the right church but that all churches live in a way that upheld the common good. Simply put, the differences among the denominations were practically less important than their similarities. (pp.74-75)
Metaxas, Eric (2016-06-14). If You Can Keep It: The Forgotten Promise of American Liberty Penguin Publishing Group. Kindle Edition.

When Metaxas spoke about Roger Williams, he did not include the fact that Williams was booted out of the Massachusetts colony due to Williams’ religious preaching. Yes, an American document established religious freedom, but Metaxas fails to explain that Williams had to run from the very people Metaxas claims championed religious freedom.
 

Is the Military Preparing to Court Martial Christians? (UPDATED)

UPDATE: I have information from  Lt. Cmdr. Nate Christensen, a DoD Spokesman, regarding two issues of interest to claims about the military and religious faith. The first relates claims that Christians were being targeted. Lt. Cmdr. Christensen said in an email:

“The U.S. Department of Defense has never and will never single out a particular religious group for persecution or prosecution.  The Department makes reasonable accommodations for all religions and celebrates the religious diversity of our service members.
Service members can share their faith (evangelize), but must not force unwanted, intrusive attempts to convert others of any faith or no faith to one’s beliefs (proselytization).
If a service member harasses another member on the basis of race, color, sex, religion, national origin, age, or disability, then the commander takes action based on the gravity of the occurrence.  Likewise, when religious harassment complaints are reported, commanders take action based on the gravity of the occurrence on a case by case basis.
The Department of Defense places a high value on the rights of members of the Military Services to observe the tenets of their respective religions and respects (and supports by its policy) the rights of others to their own religious beliefs, including the right to hold no beliefs.  The Department does not endorse any one religion or religious organization, and provides free access of religion for all members of the military services.
We work to ensure that all service members are free to exercise their Constitutional right to practice their religion — in a manner that is respectful of other individuals’ rights to follow their own belief systems; and in ways that are conducive to good order and discipline; and that do not detract from accomplishing the military mission.”

This makes things clearer and I hope cuts through the news reports that have helped generate the controversy.
The second statement is about the role of Mikey Weinstein in the meeting he had with military leaders at the Pentagon. Some sources have suggested he was a consultant. According Lt. Cmdr Christensen:

“Mr. Weinstein is not part of any DoD Advisory Group or Committee, nor is he a consultant to the Defense Department regarding religious matters.
Mr. Weinstein requested, and was granted, a meeting at the Pentagon April 23, with the Air Force Judge Advocate General and others, to include the Deputy Chief of Chaplains, to express his concerns of religious issues in the military.
The Department of Defense places a high value on the rights of members of the Military Services to observe the tenets of their respective religions and respects (and supports by its policy) the rights of others to their own religious beliefs, including the right to hold no beliefs.  The Department does not endorse any one religion or religious organization, and provides free access of religion for all members of the military services.”

UPDATE: Bob Smietana at the Tennessean contacted the DOD regarding the reports of court martial and purging the military of Christians. He reports that the DOD denies these claims. According to a DOD spokesman, people can share their faith but cannot force their beliefs on others.
…..(original post begins here)
You might believe so if you listen to religious right pundits over the last couple of days.  On April 30, Fox News pundit Todd Starnes told his listeners that military leaders met with Mikey Weinstein in April to discuss military regulations against sharing one’s religious faith. As quoted by Starnes, Weinstein said “Until the Air Force or Army or Navy or Marine Corps punishes a member of the military for unconstitutional religious proselytizing and oppression, we will never have the ability to stop this horrible, horrendous, dehumanizing behavior.” On point, Starnes cites a Department of Defense spokesman: “’Religious proselytization is not permitted within the Department of Defense,’ [spokesman] Nate Christensen said in a written statement.” Continue reading “Is the Military Preparing to Court Martial Christians? (UPDATED)”