The Religious Liberty EO Is a Big Nothingburger

Yesterday, Donald Trump signed his 34th Executive Order, titled “Promoting Free Speech and Religious Liberty.” And, much to everybody’s surprise (really!), it doesn’t do anything. Like, at all.

I was interested because of rumors (backed up by leaks of early drafts) that it would fulfill his promise to “get rid of and totally destroy the Johnson Amendment.” Or, at least, that he would order the IRS to quit enforcing the prohibition on churches endorsing or opposing candidates for office.[fn1] In fact, the night before, there were reports that the EO would provide that the IRS should “exercise maximum enforcement discretion to alleviate the burden of the Johnson amendment which prohibits religious leaders from speaking about politics and candidate from the pulpit[.]”

Several colleagues and friends started discussing how we would divide the blogging duties over at The Surly Subgroup when the EO was signed and released. Then it was signed. Then it was released … and it didn’t look anything like what we expected, forcing us largely to rewrite our posts. If you’re interested in an explanation of what the so-called Johnson Amendment is, David Herzig explains it here. For a detailed, excellent review of what the EO actually says and does, Ben Leff has your back here. And if you decide that, in spite of the contentlessness of the EO, you want to sue,[fn2] I talk about some impediments you’ll face here. [Read more…]

Gems from #MHA2016 – C50 minutes

The Mormon History Association held its annual conference at Snowbird at the beginning of June. It was a fine affair, and I thought I would post a few items highlighting some of the fun things that went down. First a quick primer:
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Religious Freedom in Houston

In today’s news conference, Elder Oaks continued his outspoken advocacy of religious liberty, a right that he has passionately defended in the past. He provided three recent examples that, he explained, demonstrate trends away from religious liberty. One of the examples Elder Oaks cited was this:

Yet today we see new examples of attacks on religious freedom with increasing frequency. Among them are these: . . . Recently, in one of America’s largest cities, government leaders subpoenaed the sermons and notes of pastors who opposed parts of a new law on religious grounds. These pastors faced not only intimidation, but also criminal prosecution for insisting that a new gay rights ordinance should be put to a voice of the people.

While the subpoenas certainly represented an attack on religious liberty, I don’t think that’s the story here. Rather, what happened in Houston strikes me as evidence of the power of religious liberty in U.S. culture and law. Some context on the kerfuffle in Houston:  [Read more…]

Religious Exemptions, BYU, and Beards

About two months ago, BYU admitted in the New York Times that, although it had a medical and a theatrical exception to its no-beard policy, it didn’t allow for religious exemptions from the policy.

That struck many of us as outrageous (see this prior BCC post and the comments), especially in light of the LDS church’s sincere commitment to encouraging and protecing religious liberty. Well, the policy has changed.  [Read more…]