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Read the arguments in herbal tea case E-mail
Written by Don Byrd   
Wednesday, 28 December 2005
A transcript is now available of the Supreme Court argument in the case of Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, the case involving a sacramental tea central to the faith of a small church. Holly Hollman discusses the issues of the case in an article in the newest Report From the Capital.
 
The Case of Klingenschmitt Gains Attention E-mail
Written by Don Byrd   
Tuesday, 27 December 2005
I mentioned in an earlier post Navy Chaplain James Gordon Klingenschmitt's hunger strike in hopes that President Bush will sign an executive order allowing chaplains to pray sectarian prayers at public military events. Last week, Klingenschmitt started getting attention: he was interviewed on MSNBC's Tucker Carlson show:

I want to stay in the Navy and I want to pray publicly in Jesus' name, but on Friday, admirals in the Pentagon, claiming to speak for the president of the United States, stripped me of my uniform for all public appearances. They said, "You can't pray in Jesus' name in public, unless you're wearing civilian clothes."

And so that's when I had enough. I began this hunger fast, and I'm asking the president of the United States to sign an executive order, protecting all of our military chaplains' right to pray according to their diverse faiths.

And The Washington Monthly's popular blog Political Animal highlighted the case in a guest post by Stephen Benen, who believes the issue "isn't complicated":

The Navy has public ceremonies -- where attendance is mandatory for sailors and officers -- in which chaplains are asked to use inclusive language that reflects the diversity of the armed forces. Klingenschmitt doesn't care for that approach and wants to use his post to promote Christianity. His superiors said no, so Klingenschmitt started a hunger strike and wants the White House to support him.

What's more, 70 members of Congress, nearly all of whom are Republicans, are using Klingenschmitt's fight to argue that Christian chaplains should be able to proselytize on the job. In other words, we'd have official government ministers, whose salary is paid with tax dollars, preaching Christianity to American troops. Suggesting that, at a minimum, official military prayers should be "non-sectarian" is, in the minds of these congressional critics, "censorship of Christian beliefs." (One wonders if they'd feel the same if a Muslim military chaplain wanted faith-specific religious expressions at mandatory Navy ceremonies.)

But it is in fact complicated. And Chaplain Klingenschmitt has been clear about his hopes that muslim chaplains would be able to pray according to their faith as well. His is not a majoritarian appeal. It represents a deeply emotional issue for many ministers.  Being a government-sponsored religious figure can be a profoundly different role than that of a private minister to one's own congregation. It may not be a desirable one for a person of faith; and it is a precarious position for a government bent on tolerant religious exercise to have created.

Benen was right to link to a statement of James Madison's in which he considered public chaplains to be a questionable idea. It's a questionable role, I believe, both for the public/military and for the religious leader. But if we are going to have public chaplains at all, it is a necessary complication.

 
Tuesday Roundup E-mail
Written by Don Byrd   
Tuesday, 27 December 2005
The Wall Street Journal opinion page offers "Why Intelligent Design Simply Isn't Science" by James Q. Wilson. Writing at Talk2Action.org, Esther Kaplan gives a negative review to the recent Sixth Circuit decision allowing a Ten Commandments display in Kentucky. Rev. Jerry Falwell offers a positive analysis of the decision. Read the entire decision here.
 
New "Report From The Capital" Now Online E-mail
Written by Don Byrd   
Monday, 26 December 2005
The December-January issue of "Report From The Capital", the Baptist Joint Committee's essential print publication, is now online! Visit the Table of Contents here. If you would like to support the work of the BJC and subscribe to Report From The Capital, contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . And tell him Blog from the Capital sent you!
 
Merry Christmas! E-mail
Written by Don Byrd   
Sunday, 25 December 2005
To all Blog From The Capital readers, here's hoping for a joyous and peaceful Christmas for all. Thanks for reading this new venture and for helping to make our first couple of weeks exciting and rewarding! Come back soon--more posts on Monday! (Or as news requires..)
 
Straight to the Source? E-mail
Written by Don Byrd   
Friday, 23 December 2005
I recently blogged about The Bible and its Influence, a new textbook being touted by some for use in high schools as a way to teach elective courses around the Bible, without unconstitutionally promoting religion. (I've requested a review copy so I can tell you more about it, but alas no luck so far...) But one Odessa, Texas school board, apparently unfazed by the recent, er, bad publicity--and electoral fate--received by a different board in Pennsylvania, has decided not to dilly-dally with those pesky secondary texts and their "contexts". Instead, their textbook will be the King James Bible:
Elizabeth Ridenour, president of the Greensboro, N.C.-based National Council on Bible Curriculum in Public Schools, which produces the material... said the curriculum is used in hundreds of school districts. The coursework, which will be taught in the district's three high schools starting next fall, was chosen over that offered by the Bible Literacy Project, which uses the text The Bible and Its Influence and includes discussions of other faiths. School board President Randy Rives said a petition earlier this year with more than 6,000 names sparked the decision to add a course on the Bible. He voted for the National Council curriculum because it uses the Bible as its textbook.
The National Council (warning: their website has background music!) offers their view on why teaching the Bible as a textbook is the best approach, with a sample of the teaching guide here (pdf).
 
Supporters of Intelligent Design Respond E-mail
Written by Don Byrd   
Thursday, 22 December 2005
The Washington Post reports that "intelligent design" enthusiasts are responding with both disappointment and determination to the recent decision ruling ID unconstitutional in public school science curricula. It's hard to blame them for reacting with defiance. Judge Jones' sweeping rebuttal was a pretty broad smack in the face, seeming to find the effort little more than a shell game. (In fact, some are arguing for perjury charges to be brought against some of the pro-ID witnesses.) But, rather than offering a spirited back-to-the-drawing-board defense of ID as a legitimate scientific answer to a legitimately scientific question, many supporters are hunkering down in a strategy of attacking--indeed, threatening--the finder of fact. Richard Land, president of the Southern Baptist Ethics and Religious Liberty Council gently pushes back (and with all the momentum of a successful Disney boycott at his back?) with this promise of retaliation toward Judge Jones, an appointee of George W. Bush (my emph.):
This decision is a poster child for a half-century secularist reign of terror that's coming to a rapid end with Justice Roberts and soon-to-be Justice Alito... This was an extremely injudicious judge who went way, way beyond his boundaries -- if he had any eyes on advancing up the judicial ladder, he just sawed off the bottom rung.
It sounds to me like Land is trying to accomplish through political pressure what couldn't be done through legal and scientific argument. But these matters deserve to be aired in the scientific community first and foremost. I, for one, would like my science curriculum determined by scientists not the personal agenda of a local school board, and would prefer my court decisions to be based on sound legal reasoning about constitutional protections, not on the political pressure of interest groups.
 
Thursday Roundup (meanwhile....) E-mail
Written by Don Byrd   
Thursday, 22 December 2005
In the aftermath of the intelligent decision, there is actually other church-state news! The 6th Circuit handed down a ruling about a Ten Commandments display in Kentucky, the same display previously ruled unconstitutional by the US Supreme Court. The Washington Times reports on a hunger strike initiated by Gordon Klingenschmit, a Navy chaplain protesting the military guidelines that encourage non-sectarian prayer at events other than chapel services. The Fort-Wayne Journal Gazette encourages the US Supreme Court to revisit the Lemon test in an editorial written in light of Indiana State House Speaker Bosma's anticipated decision to appeal the recent decision prohibiting continued sectarian prayer opening legislative sessions.
 
Blog Roundup + My Reaction E-mail
Written by Don Byrd   
Wednesday, 21 December 2005
The blogosphere responds to the decision ruling intelligent design's infusion into the science curriculum unconstitutional: Religion Clause links to editorials across the country and reminds us why an appeal is unlikely in this case. The Panda's Thumb offers commentary that concludes:
That ID proponents keep misrepresenting ID as having a scientific relevance is not only detrimental to science but also to religious faith as it gives the impression to school board members and others that ID presents a scientific theory when in fact it clearly does not. While many scientists and science publications have exposed this fact, now the judicial branch has helped bring home the message. ID failed as a science and thus failed in court.
TPMCafe's Todd Gitlin reminds us that there is still the heavy lifting left to be done...in the court of popular opinion (more on that later today), which still offers anti-evolutionists a strategy:
[T]he radical right position will be that, once again, a runaway judge has trashed the exalted principle of popular ignorance. There is no way to defend the judge's opinion other than to defend reason over popular sentiment. There is no way to attack it than to choose popular sentiment over reason. In other words, the Enlightenment position is: Judicial activism in defense of reason is no vice.
As for my own thoughts, I was stunned at the scope of Judge Jones' criticism of the arguments and the efforts of the ID side; surprised, that is, until I read the decision. It makes clear that the deciding factor here was not bias, activism or, of course, anti-religion. This case was decided in the courtroom, where many days of evidence demonstrated clearly to this Judge the wolf-in-sheep's-clothing nature of the ID-ist's strategy and argument. Its experts' claims of a scientific and not a religious aim were shown to be spurious, leading him to take into account the entire history of creationists' efforts to claim the first chapters of Genesis as a legitimate text for public school science (rather than the other courses in which it would be appropriate). This Judge rightly placed this case firmly within that context, rather than the context of expanding scientific inquiry, where it obviously would not have belonged. Let science be science.
 
Tuesday Roundup E-mail
Written by Don Byrd   
Wednesday, 21 December 2005
Stories on the Intelligent Design decision handed down yesterday: Associated Baptist Press' Rob Marus reports "Federal court issues sweeping judgment against teaching of intelligent design." The Washington Post runs "Judge Rules Against 'Intelligent Design'." and offers this analysis: "Defending Science by Defining It" The New York Times reports "Judge Rejects Teaching Intelligent Design" The Christian Science Monitor reports "Banned in biology class: intelligent design" Meanwhile, be sure to read BJC Director Brent Walker and General Counsel Holly Hollman's comments from yesterday. I posted choice quotes from the decision yesterday here and here. Read the entire 139-page decision here.
 
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Arizona Lawmakers Seek to Broaden State RFRA
Arizona's Religious Freedom Restoration Act (RFRA) has been law for several years. The state's RFRA echoes the federal bill of the same name, requiring the government to demonstrate a compelling state interest to justify substantial burdens on religious exercise. Some lawmakers in Arizona ...
 
Florist Sues Washington AG Over Right to Discriminate
A florist who has been sued by Washington State's Attorney General over her refusal to provide services to a same-sex marriage has returned legal fire. Baronnelle Stutzman filed suit against the AG in response, alleging a violation of First Amendment rights. The counter suit, filed b...