On Amicusing Religious Freedom

Over that last decade, the Church of Jesus Christ of Latter-day Saints has been party to at least 15 Supreme Court amicus briefs.[fn1] (How do I know? I searched Westlaw’s Supreme Court briefs database for “Latter-day Saints” and “Kirton McConkie.” Then I counted back to 2013. There may be more, but I think 15 gives me a pretty good sample.)[fn2]

Of these briefs, three are focused on opposing same-sex marriage. One addresses the definition of “sex” in Title IX. And at least twelve deal with questions of religious liberty (though there is some overlap—a number of the religious liberty briefs deal with religious liberty in the context of laws that limit discrimination against LGBTQ individuals.)

And what does the church say about religious liberty in its briefs? It paints religious liberty as absolutely critical. In its Carson brief, it explains that “the Religion Clauses protect the full range of religious freedom and not merely freedom from official discrimination.” In Groff, the church asserts that “Americans shouldn’t have to choose between their jobs and their faith.”

[Read more…]

Uyghurs, the Church, and Religious Freedom

Uyghur girls. Xinjiang. Photo by kpi. CC BY 2.0

About a week ago, Disney released its live-action Mulan for rent on Disney+. As people watched it, they noticed something: in the closing credits, Disney gives “special thanks” to eight government entities in Xinjiang, where parts of the movie were filmed.

This has led to calls to boycott the movie in the U.S.[fn1]

Why? It’s a long(ish) story, told better by others, but the short version: Xinjiang (in western China) is home to about 12 million indigenous Muslims. The largest of these groups are the Uyghurs.[fn2] Since at least 2017, the Chinese government has been aggressively detaining its Uyghur population in concentration camps (which it calls “re-education camps”). Today, an estimated 1 million Uyghurs (which represents more than 8% of the Muslim population in the region) are detained in these concentration camps. Moreover, Buzzfeed has determined that China has recently built 268 new compounds in which to detain its Uyghur population. [Read more…]

Republicans render unto Trump that which is God’s

Photo by Brad Dodson on Unsplash

Scripture is replete with warnings about placing faith in political leaders above God.

God repeatedly calls the faithful to reject kings and idols, to disperse power away from any singular charismatic personality.  “Ye shall have no king nor ruler, for I [God] will be your king and watch over you.”  (D&C 38:21). 

Why?  Because we know from sad experience that as soon as men “get a little authority, they will immediately begin to exercise unrighteous dominion.”  (D&C 121:39).  Kings, with their greater authority, wreak greater unrighteousness.  

[Read more…]

Soon We Can No Longer Meet in Public

About a month ago, during church, I got a text from my wife:

 

 

 

I was curious why they were talking about taxing religious people in Gospel Principles, but figured I could ask her after church.

It turns out, though, that the discussion had nothing to do with taxes; instead, a missionary in our ward had said that we were moving to a two-hour block supplemented by home-centered study in preparation for a not-too-distant future when it would be illegal for us to meet together at church. And my wife explained that no, that wasn’t going to happen.

We laughed about it, but didn’t think too much of it. After all, 18-year-old boys are susceptible to outlandish ideas (I was one, once upon a time). And my wife had countered him, so no harm, no foul. [Read more…]

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:
[Read more…]

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…]