Saturday, November 18, 2017

Talking turkey about religious freedom

A version of this was published in the Sky Hi News Nov. 22, 2017 https://www.skyhinews.com/news/muftic-talking-turkey-about-religious-freedom/


Update: Dec. 5, 6, 16 2017: Supreme Court to hear the Masterpiece Cakeshop case:
http://www.newsweek.com/masterpiece-cakeshop-v-colorado-civil-rights-commission-three-things-know-730892

https://www.yahoo.com/news/supreme-court-weighs-bakers-refusal-cake-gay-couple-060222755.html

https://www.yahoo.com/news/judge-temporarily-blocks-trump-rules-birth-control-204222704.html


Hopefully not forgotten  when we feast Thanksgiving   is the reason the Pilgrims risked  the dangerous passage  across the ocean . It was to find a place to practice their religion free of persecution by the English crown.  It took another 160 years before the concept of religious freedom changed from  just for protecting  the practice of the majority group’s  religion to  Constitutionally enshrined   tolerance  of all to practice their religion free  from  government  restrictions and persecution, prohibiting  the establishment of a state religion that meant the separation of church and state.  Those. provisions were incorporated in the First Amendment :“Congress shall make no law respecting an establishment of religions, or prohibiting the free exercise thereof….”

To reach an agreement  from the desire of colonialists to protect only their  own colony’s majorities’ religious practices to protecting everyone else’s took time and  bitter experiences. The Puritans of the Massachusetts Bay Colony hung Quakers for not going along with their concept of purification.  Roger Williams left the Colony to found Rhode Island  as a result. Nearly every colony had established their state approved religion before 1776 and some, like Maryland, found themselves entangled in anti-Catholic  turmoil.


Interpretation of  the meaning of the First Amendment is constantly under pressure for revision  by conservative  religious  groups who want to expand its meaning to suit their own brand of theology, sometimes  to the detriment of others who hold  different beliefs and values. A changing  ideological makeup of the Courts will help  the religious right find success  for years to come

 In our divisive partisan times  there is a concerted  fast track effort  by  the  GOP majority Senate  to approve  young appointees  to lifetime  federal bench  positions who demonstrate  allegiance to a   very conservative  religious based  ideology with less regard of  their professional credentials  and  judicial temperament. In the last Obama administration years, the GOP Senate dragged its heels in approving Obama's nominations, leaving 159 seats (1/8 of the total) vacant for a GOP Senate to fill in 2017-2018. Last week  a GOP dominated  Senate committee gave approval  for a federal judgeship to  blogger Brett Talley,  a  highly partisan Trump administration family member  with no court trial experience and who was  declared unfit to serve  by the  American Bar Association.  With the appointment of  Judge Neil Gorsuch to the US Supreme Court  this year  even past decisions could be in jeopardy  of revision given the tilt of the Court to the right, including the reversal of Roe v Wade and the right to same sex marriage. It is likely to happen..


Could tax payer funded vouchers be issued for students to attend religious based schools?  In Douglas County, Colorado,  an election of a school board that  advocated such  vouchers triggered  suits claiming violation of the separation of church and state,  resulting in stalled  court decisions, and a  successful counter revolution against  the voucher advocates in recent school board elections  this  November 7. Outside groups supporting vouchers  plan to continue the  legal fight.  Courts have ruled against state legislation banning Sharia law on Constitutional grounds .Federal courts overturned President Trump’s “Muslim ban” twice  as  religious discrimination.  However, with a  third revision, the ban was given  partial life by the Supreme Court  on procedural matters, but other challenges on substance remain. A Trump executive order in October permitted employers to stop insurance coverage of birth control on religious grounds. A court case to permit businesses  to refuse service  to gays  because of religious beliefs, Masterpiece Cakeshop v. Colorado Civil Rights Commission ,will be heard and decided by the US Supreme Court in 2018.  


Even the  the candidacy of Judge Roy Moore in Alabama reminds us of his advocacy of the public  government display of the Ten Commandments to discrimination against gays were also struck down by courts on First Amendment grounds.


While Pilgrims and Puritans came to America to practice their own brand of Christianity free of the King of England’s persecution, tolerance of others was not their purpose. It was the son of the Age of Reason, Thomas Jefferson, who wrote the Virginia Statute for Religious Freedom in 1779 and his concepts were incorporated in the First Amendment by those who argued for separation of church and state. disestablishment of state churches and protection of religious freedom.

For those who argue our country was founded on Christianity, that this is a Christian nation,  it  may have been  so at the beginning, but it was not  ultimately reflected in our Constitution.  It was the Age of Reason that was the non-religious, non sectarian view which prevailed in the First Amendment.  The new nation  reflected  Judeo-Christian values, if not a specific theology,  of the dominant  western European culture of the time.   Our founders did acknowledge that we had rights endowed to us, the people, by the Creator. Still fought by atheists is whether we are indeed “one nation under God” and much has been made that Masonic symbolism permeates our national symbols and architecture.  The model used as a form of government  by our founders mostly  was Roman. The philosophers drawn upon  in the enlightenment and age of reason  by Jefferson were Greek and their 18th century interpreters. A motivating pragmatic reason may have been the history of bloody wars and divisiveness of the Catholic-Protestant conflict that swept  England and Europe for centuries  after the Reformation, as well as the unfairness of Kings who claimed they had the divine right to govern absolutely.  By banning a state religion and providing for the separation of church and state, those bloody religious based civil wars were made less likely.

Dec. 4 2017 update.
In the recent version of the tax bill that passed out of the Senate and is on the way to conference committee, Orin Hatch sneaked in an amendment that permits tax deductions for the cost of going to a private school...any...including religious. However, for expenses parents may have to attend public school, there is no tax break. Expect this to be challenged in court.


https://www.thedailybeast.com/the-gops-plan-to-rule-the-courts-until-2050

https://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html?_r=0

https://www.npr.org/2016/11/09/501476919/gop-strategy-paved-way-for-trump-to-nominate-supreme-court-justice






https://www.bloomberg.com/news/articles/2017-10-06/trump-rule-limits-obamacare-s-birth-control-coverage-requirement








Also, see the 9/19/17  blog posting on this site: Islamphobia Comes to Grand County.





http://usgovinfo.about.com/library/weekly/aa031700a.htm

https://www.washingtontimes.com/news/2017/nov/21/judge-removes-block-funds-gender-reassignment/?utm_source=onesignal&utm_campaign=pushnotify&utm_medium=push




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