LATimes Weighs In On Government Prayer

Written by Don Byrd
The editorial board of the Los Angeles Times urges the Supreme Court to rule government prayer practices unconstitutional in an op-ed this morning. Specifically, they respond to the amicus brief of the United States Government, which argues the prayers must be allowed because judges shouldn’t be “in the business” determining sectarian from non-sectarian prayers.

Read the whole thing, but here’s a snippet.

Appeals Court: Prisoners Must Give Atheist Inmates a Fair Chance

Written by Don Byrd
On Friday, the 7th Circuit ruled that prison officials must treat fairly atheist prisoner requests for religious study groups dedicated to atheism. Overturning the trial court’s dismissal of the inmate James Kaufmann’s case, the appeals court said atheists must be given a chance to demonstrate there are enough of them to warrant creation of a group.

Judge Issues Permanent Injunction Barring Oklahoma’s Anti-Sharia Law

Written by Don Byrd
A federal judge in Oklahoma made permanent yesterday her temporary injunction (affirmed by the 10th Circuit Court of Appeals) barring enforcement of the state’s law banning sharia law. Because the state failed to demonstrate a “compelling state interest based on an actual problem,” she argued, targeting Sharia law violates both the Free Exercise and Establishment clauses of the First Amendment.

The court rejected the state’s argument that the measure could be saved by simply removing the offending passages and leaving the rest.

Commission Urges an End to the IRS Ban on Politics in the Non-Profit Pulpit

Written by Don Byrd
The IRS maintains the same rule for churches and religious organizations that it does for all 501(c)(3) nonprofit organizations: To maintain tax-exempt status, such organizations must refrain from engaging in political campaigning for or against candidates. A commission created by Senator Charles Grassley (R-IA), however, is urging the government to remove that restriction for churches and religious organizations on the argument that a ban on politics in the pulpit violates the First Amendment’s guarantee of religious freedom.

Pocono Charter School Can Stay Open Pending Appeal

Written by Don Byrd
A Pennsylvania charter school found in July to be in violation of the separation of church and state due to excessive entanglement with the church that houses it has been allowed to stay open this fall, pending appeal.

3rd Circuit Declines to Re-Hear Contraception Mandate Challenge

Written by Don Byrd
Here’s a brief update to an important story in the ongoing saga of religious freedom as it relates (or doesn’t relate) to the contraception coverage mandate in the Affordable Care Act.

By a 7-5 margin, the 3rd Circuit Court of Appeals voted not to rehear a panel’s recent ruling. Late last month, a 3-judge panel denied Conestoga Wood Services an injunction against the mandate. The 2-1 decision rested on the conclusion that for-profit, secular corporations cannot exercise religion, a finding that lands them in direct conflict with a ruling in the 10th Circuit on a similar challenge.