More State Legislatures Considering Religion

Written by Don Byrd
So many religion-themed bills are being proposed and advanced in state legislatures these days, it’s hard to keep up.

In Texas, a resolution was introduced Monday (pdf) that says the legislature “support(s) prayers, including the use of the word ‘God,’ at public gatherings as well as displays of the Ten Commandments in public educational institutions and other government buildings.”

In North Carolina, meanwhile, a bill would add a Bible study elective to the public school curriculum.

Tennessee Legislature Moves Student Organization Bill Forward

Written by Don Byrd
The Tennessee legislature is trying again to pass a bill that would allow student groups on college campuses discriminate in membership on the basis of religion. The last attempt was vetoed by Tennessee Governor Bill Haslam, who explained that the state shouldn’t be mandating to private institutions rules regarding student organizations.

KY House Committee Approves Religious Freedom Bill over Civil Liberty Objections

Written by Don Byrd
The House Judiciary Committee of Kentucky approved legislation that would require the state to have a compelling interest to place any burden on religious exercise. This standard is even higher than federal and state RFRA bills (Religious Freedom Restoration Act) that require the burden on religion to be “substantial.”

6th Circuit Rejects Challenge to Winter Holiday Display

Written by Don Byrd
A unanimous panel of the 6th Circuit today affirmed the constitutionality of the yearly Nativity Scene displayed by the city of Warren, Michigan because it is “accompanied by…secular and seasonal symbols.” The ruling dismisses a challenge by the Freedom From Religion Foundation that argued the display improperly promoted and established religion, and asking for the inclusion of an anti-religious message.

Some key quotes from the opinion, rejecting FFRF’s argument and request.

9th Circuit Revives Wiccan Prisoner Complaint over Chaplain Selection

Written by Don Byrd
Inmates who practice the Wiccan faith in a California prison have sued over the lack of access to Wiccan chaplains. Jewish, Muslim, Catholic and Protestant chaplains are on staff, they claim, but no Wiccan, despite the fact that more prisoners are of Wiccan than Jewish, Muslim or Catholic faith at the facility. The trial court dismissed their claims, noting that not all prisoners are entitled to the chaplain of their choice. Earlier this week, the 9th Circuit agreed on the religious exercise claims, but reversed the trial court’s ruling on the Establishment Clause claim.