Texas Governor Signs “Merry Christmas” Bill

Written by Don Byrd
Governor Rick Perry (R-TX) signed into law last week a bill that protects students, teachers and school officials who use “Merry Christmas” or “Happy Hannakuh” greetings. While the law is designed to relieve school officials of anxiety over church-state litigation, are there examples of actual lawsuits filed over the mere use of those phrases in school? Problems arise not when students say “Merry Christmas,” but when public schools are used to celebrate a particular religious holiday and give the impression that the school endorses or is affiliated with the religious view expressed in the celebration. Taking reasonable steps to protect against that danger makes sense. And is probably good manners.

House Subcommittee Finds US Commission, Religious Freedom Underused in US Foreign Policy

Written by Don Byrd
a House Oversight subcommittee yesterday held a hearing on the government’s implementation of the International Religious Freedom Act. That legislation, enacted in 1998, established the US Commission on International Religious Freedom as well as the Religious Freedom Ambassador at-Large position within the State Department. Since then, questions over the role of these congressionally-mandated entities in U.S. foreign policy has caused some strain between the Executive and Legislative branches. (The Commission and State Department each issue separate international religious freedom reports, the Commission often makes recommendations regarding policy toward a country that the State Department does not follow, etc.) During recent budget negotiations, some in the U.S. Senate strongly considered de-authorizing the Commission altogether.

It is not completely surprising, then, that some members of Congress feel the Administration is not making proper use of IRFA.

Obama Administration Opposes Military Chaplain Provision of Defense Bill

Written by Don Byrd
The White House Tuesday released a policy statement responding to provisions it finds objectionable in the Defense Authorization Act approved by the House Armed Services Committee. Among the disagreements, the Obama Administration opposes a recent amendment (see earlier post) that requires the military to allow broader speech and conduct motivated by religious belief.

10th Circuit Reinstates Lawsuit Challenging Oklahoma License Plate

Written by Don Byrd
Oklahoma license plates featuring a Native American sculpture may amount to an inappropriate state endorsement of religion, according to a 10th Circuit decision, overturning a trial court’s dismissal of the complaint. The plaintiff, Keith Cressman, is a Christian who argues the requirement to display the image constitutes a violation of his First Amendment rights. The state will not allow him to cover the image, and charges an additional fee for any other plate.

The lower court threw out Mr. Cressman’s complaint without allowing discovery, finding that the image is not perceived by others as a specific message. The Appeals Court disagreed that the court could make that determination without allowing the discovery process to go forward.