Religious animas is no myth

By Deacon Mike Manno

(The Wanderer) – Over the past few months the mainstream media has been fixated over the legal troubles of our former president. All court action whether it be the Fani Willis Show from Atlanta or the complete breakdown of the New York Judicial system, $450 million in fines for fraud in which there was no victim, illegal immigrants beating cops and released from jail without bond, and the like.

          But what has been missing from all of the legal reporting is how much anti-religious bias is being initiated by or in reaction to local and state prosecutions against people of faith. And, unfortunately, in a weekly column such as mine, or on a weekly radio broadcast, there is only enough time to focus on one or two matters, if that.

          So I decided to do something different. I went to my bookmarked religious liberty sites and decided to pick a few cases out to highlight the problem that does exist as more and more units of government come crashing down on local churches and people of faith. Here is a sampling of what I found on a short afternoon of internet surfing:

          In Colorado the state legislature created a preschool funding program to provide all parents with at least 15 hours per week of free preschool education for their kiddies. That’s fine as it sits, but the Colorado Department of Early Childhood has ruled that children enrolled in a Catholic school’s preschool program are not eligible. The state was sued by Catholic and other parents. A federal judge held a bench trial in January with no reported ruling as of this date; the case is listed only as “continued.”

          Parents in Maryland fought back against a Montgomery County Board of Education requirement that forced reading materials that promote transgenderism and gender identity on preschoolers and elementary students. A group of parents representing several faiths sued to protect their school-aged children from receiving non-age appropriate materials that violated the parents’ beliefs. In August of last year a federal judge ruled against the parents. The Fourth Circuit Court of Appeals heard arguments in December, a ruling has not been made.

          California has a special education program that provides funds to help parents who have children with disabilities. Part of the funding comes from a federal program created by the Disabilities Education Act. Under federal law the funds can be used at any school, public, private, or religious. However, under California law the funds may not be used in conjunction with a religious school, thus Catholic school parents are shut out of the program unless they transfer their children to a secular school.

          In 2017 the New York State Department of Financial Services issued a regulation that all employers cover abortion in their employee health insurance programs. A coalition of religious groups and individuals filed suit in state court which ruled in favor of the state regulation. An appeal was made to the U. S. Supreme Court which vacated the ruling and returned the case to the New York courts to reconsider its ruling, which is where the case sits right now.

          Just in the last few weeks the story emerged from Washington State in which a fifth-grade girl asked her middle school principal if she could form an afterschool prayer club so she and her friends who feel left out of other groups could come together. She and her mother met twice with the principal about the proposed club. In spite of the fact that the school had clubs for Marimba dancing, global reading, green policies, a chess club, and a recently added Pride Club, the principal turned down the request by claiming that there was no funding available. The little girl is now being represented by First Liberty who will, if necessary, take the school and its principal to court over the matter.

          In San Diego County a local black pastor, Dennis Hodges, was removed from a police and community relations board, over his views on human creation and transgenderism, both issues unrelated to his roll on the board. He had originally been appointed to the board because of his community activities and his relationship with the black community. The lawsuit which has been filed claims that Pastor Hodges removal from the board was a violation of his First Amendment (religion, speech) rights.

          Santa Clara County, California is being sued by a local church, Calvary Chapel of San Jose for using geofencing methods to spy on church members during the COVID pandemic. The county had levied a $1.2 million fine against the church for not abiding by COVID restrictions which curbed the church’s ability to worship publically. Geofencing is typically used by police to track lawbreakers, in this case those who attended the banned church services.

          When Pines Church in Maine applied to the local high school to use part of its facilities for Sunday services, a normal situation in many locales. However when Pine officials appeared before the board to consider the request they were peppered with questions about gay marriage, abortion, conversion therapy, gender reassignment treatment, and sexual ethics for children. As a result of the questioning, negotiations for the use of the building collapsed. The resulting law suit claims the board violated the state’s public accommodations act, as well as the Free Exercise and Free Speech Clauses of the First Amendment.

          I did save one for last because it epitomizes what is going on in the area of religious liberty.

          In Albany, California a group of devout Christians and members of the local Lions Club joined together to build a large lighted steel and plexiglass cross on property that was owned by one of the participating members. The cross was constructed and dedicated on Easter 1971. Since that time the Lions Club lighted the cross every Easter and Christmas seasons. When lit the cross can be seen for miles, taking the message of the Gospel to all who can see it. The area surrounding the cross can be used for religious meetings, religious services, and weddings. 

          Since its erection, the Lions Club has taken care of the cross and provided all necessary maintenance, and has paid all the utility bills.

          All went well with the cross until 2016 when a complaint from an atheist group caused the city to ask the Lions Club to remove the cross. The Lions refused setting up a period of harassment by the city. The city ordered the disconnection of electrical service to the cross. It took four months for the Lions to get it restored. The city then filed a condemnation action against the cross.

          The Lions replied with a Free Exercise of Religion and Free Speech defense. In January the Alameda County Superior Court ruled in favor of the city and ordered the cross removed. The court held that “The Lions Club has not shown that its organizational purpose, its mission, involves promoting religious activities,” and thus could not assert a religious expression argument.

          The court further ruled, “The Lions Club cites no authority for the proposition that it has a right to speech in a manner that violates the Establishment Clause.” Apparently, according to the court, religious expression rights are not accorded to non-religious organizations.

          Naturally, this litany could continue and, unless effectively combated by committed people of faith, will continue. This matter is serious. It requires your attention in in all areas, spiritual, legal, and political. If not we will simply let Jesus be crucified again. 

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(You can reach Mike at: DeaconMike@q.com and listen to him every weekend on Faith On Trial or podcast at https://iowacatholicradio.com/faith-on-trial/)