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Does the Law Require Catholic U to Build a Mosque?

Posted on October 27th, 2011 Freedom of Religion,Religious Liberty | 25 Comments »

George Washington University law professor John Banzhaf has accused the Roman Catholic Archbishop of Washington, DC, of discriminating against Muslim students at Catholic University of America (CUA).  Banzhaf complains that CUA has denied Muslim students ”the same equal access to its facilities and services enjoyed by other student groups, including Jewish ones, solely on the basis of their religion.”  More specifically, he contends that:

usually, or at least frequently, these Muslim students at CUA find that they must perform their prayers surrounded by symbols of Catholicism – e.g., a wooden crucifix, paintings of Jesus, pictures of priests and theologians, etc. – which many Muslim students find inappropriate and not especially conducive to praying according to their very different religious beliefs. Furthermore, some Muslim students find they must do their meditation in the ‘school’s chapels and at the cathedral that looms over the entire campus – the Basilica of the National Shrine of the Immaculate Conception’ – hardly a place where students of a very different religion are likely to feel very comfortable.

In an interesting bit of “reasoning,” Banzhaf contends that CUA has no good religious reason for not better “accommodating” Muslim prayer because nearby Georgetown University will soon offer Muslim prayer space at a new interfaith center.

Surely Banzhaf doesn’t think the Archbishop is legally obliged to either tear down the Basilica or build a mosque on the CUA campus?  Right?

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ADF Senior Counsel - University Project

Northwestern’s Quiet Suppression of Religious Liberties

Posted on October 14th, 2011 Freedom of Religion,Freedom of Speech | 2 Comments »

Sharing your faith at Northwestern University just got a bit harder.  ADF was recently notified that last spring, Northwestern (NU) quietly released a list of “ethical guidelines” for religious student groups on campus.  The document, sent to campus ministry leaders, “articulate[s] the University’s expectations for student religious groups with regard to sharing their faith on campus and participation and leadership in student religious groups.”  As a former campus ministry leader, I wonder what caused NU to shut down religious liberties on campus. 

The guidelines require religious student groups to “maintain integrity in publicity” by clearly stating what group is sponsoring an event on campus.  This is not unusual.  But there may be more to the story. 

When I attended NU 10 years ago, there was a questionable off-campus group that tried to start a “Bible study” in one of the dorms.  However, the group was not interested in the Bible.  Instead, it tried to persuade students to drop out of school and devote themselves to the group.  Perhaps NU’s integrity in publicity rule is a result of that experience.  Yet it seems that NU is concerned about more than just that, as their policy goes far beyond “integrity in publicity.”    

NU also regulates when you can share your faith on campus and to whom you can share it.  Under the guise of “respecting privacy” in the dorms, NU now prohibits students from visiting other students to share their faith unless they’ve been invited to do so or they know that the person is interested in their faith.  Students may not distribute flyers, set up an information table, or even “visit” students who have left their dorm room doors open.  No more door-to-door ministry on campus.  You can’t even slip a flyer for an upcoming event under a student’s door without knowing they’d be interested in it first.  (Which begs the question—how do you know whether someone is interested in learning about your faith if you can’t share it with them to begin with??)

NU also instructs students to foster a climate of respect on campus, but informs students that “religious groups should not employ coercion, manipulation, harassment, or exploitation of any kind.”  Well, how do you define any of that?  NU doesn’t, and I suspect that this prohibition will land unsuspecting groups in hot water for simply sharing their faith on campus.  While NU is a private institution and not bound by the Constitution, as a major research university, it should behave much like it state-funded peers, especially when it promises all the same freedoms:  “the University encourages its students to discuss faith, values, ethics, spirituality, philosophy, and religion, and to share their beliefs with others.”  Here’s a free tip to my alma mater:  vague policies that threaten to punish speech do not encourage free discussion and the sharing of beliefs. 

Finally, NU dictates how religious student groups may select members and leaders.  For one, it requires the groups to be open to participation by any student.  But NU also says that groups may specify requirements for leadership positions and participating in religious rituals.  However, those requirements may not violate NU’s nondiscrimination policy, which prohibits discrimination based on “religion.”  In other words, NU religious groups are apparently not allowed to require that leaders adhere to the group’s moral or religious beliefs.  While NU is a private university, its policy flies in the face of controlling legal precedent that says requiring student groups to abide by a public university’s nondiscrimination policy in this manner violates the group’s First Amendment rights.  Not to mention that it flies in the face of common sense, as we could see Muslims as leaders of Christian groups, Jews as leaders of Muslim groups, and Christians as leaders of Jewish groups.  The result?  Student groups at the University of Wisconsin-Madison (another Big Ten school) are freer to speak and associate than religious student groups at NU.  That’s a shame. 

Author

ADF Senior Legal Counsel - University Project

California Teacher Punishes Students for Saying, “Bless You”

Posted on September 30th, 2011 Freedom of Religion,Public Schools | 3 Comments »

I thought California was obsessed with promoting “civility” in schools.  The California State University System tried to mandate student civility, and now simply recommends it.  And an entire county is promoting it among students.

That’s why I was surprised to read about a Northern California public school teacher who has been penalizing students’ grades for saying, “bless you” in class.  What gives?  Did he not get the memo?  Or is he simply irritated by the religious roots of this cultural courtesy?  (For what it’s worth, the teacher claims the phrase is “disrespectful and disruptive.”)

Parents took matters into their own hands and staged a “bless-in”.  Just kidding.  But parents did complain and the teacher stopped taking points off students’ grades.  Instead, he says he’ll find another way to punish students for saying “bless you.”

Perhaps he should just let students be polite to each other and focus on teaching.

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ADF Senior Legal Counsel - University Project

Is Religion Like Asbestos?

Posted on September 20th, 2011 Freedom of Religion,Religious Liberty | 1 Comment »

Is working where religious activities occur like working at a building with asbestos ceiling tiles?

The federal government and a number of states help students pay for college through “work-study” programs.  The government helps pay the wages of participating students at eligible employers.  In many cases, the college itself employs the work-study student.  Sometimes, the student works for a non-profit public interest organization.

Back in the early 1960s, many thought that the First Amendment’s Establishment Clause required government to discriminate against religion in funding programs.  Reflecting that paradigm, Congress declared in the Economic Opportunity Act of 1964 that the work performed by a work-study student could not “involve the construction, operation, or maintenance of so much of any facility as is used or is to be used for sectarian instruction or as a place for religious worship.”

The Establishment Clause, as currently interpreted by the Supreme Court, almost certainly does not require this sort of discrimination against religion.  Nonetheless, the statute remains in place.

City Life Community Center is a 34,000 square foot facility for teens in Missoula, Montana.  It houses a cafe, a gymnasium, a student center, and a paintball area.  It is owned by Youth for Christ.  Students at the nearby University of Montana wanted to perform their work-study employment at City Life.  Initially, the University said no, concluding that language quoted above forbid the placement of work-study students at City Life.  The work-study students would not be involved in any inherently religious activities, but the facility at which they want to work sometimes hosts such activities.  Apparently, the reasoning was that such activities “taint” the entire facility, much like asbestos fibers from ceiling tiles can contaminate a building’s air.

The Alliance Defense Fund’s University Project team communicated with the University of Montana on City Life’s behalf, arguing that the law did not forbid work-study students from working at City Life.  To its credit, the University changed course, and City Life is ready to have University of Montana students perform their work-study employment at the community center.

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ADF Senior Counsel - University Project

Let’s pray for our public schools, they need it!

Posted on September 15th, 2011 Freedom of Religion | 1 Comment »

See You At The Pole (SYATP) is an annual, global, student-organized and student-led event where public school students gather around the flagpole at their schools to pray for their schools, friends, teachers, government, and nation.  SYATP will occur this year on September 28.  The constitutionality of the event, and of student promotional efforts related to the event, are well-settled, as set out in an Alliance Defense Fund letter about SYATP.

And there can be no doubt that our schools, and especially the students who attend them, are in need of prayer.  The far left increasingly views public schools as their ideological playgrounds, where they promote their anti-family, anti-biblical agenda to our nation’s children.   Take the ACLU, whose “Don’t Filter Me” Initiative, couched as an effort to ensure student access to the websites of homosexual activist groups, in actuality will allow students access to myriad pornographic and sexually explicit websites.  In fact, as ADF Senior Counsel David Cortman highlights in a recent op-ed, many of the homosexual activist group websites that the ACLU claims are “G-rated” recommend books to students that contain sexually explicit content that is completely inappropriate for minors.   (If you want to read about a few of these books you can do so here, but be warned that this link contains inappropriate sexual material).  The ACLU’s “Don’t Filter Me” Initiative is further evidence of how the ACLU is pushing its radical sexual agenda to schoolchildren.

As if the ACLU were not enough, the federal government is piling on too.  Earlier this year, the Centers for Disease Control and Prevention awarded a $285,000 grant to GSA Network to support its “Safe & Healthy LGBT Youth Project” in public schools.  (That’s right, your hard earned tax dollars going to advance the homosexual agenda in schools.  Please consider writing your congressman and senators to object).   The GSA Network operates one of the many websites that recommend books for youths that contain sexual content that children simply should not be reading.  “Safe & Healthy”?  I think not.

The above examples only scratch the surface of the unrelenting advancement of the leftist agenda in our nation’s public schools.  It is high time we pray, unceasingly, for our schools and the children that attend them.  On September 28, 2011, students across the globe will do just that through SYATP events.  And it seems to me that prayer is a perfect antidote to the radical liberal and sexual agenda that so many groups, and even the federal government, are pushing in our nation’s schools.

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