Arkansas A.G. Stands Up for Religious Liberty

Religious Freedom, , ,

We have written repeatedly about states around the country trying to force bakers, photographers, florists, and others to participate in same-sex ceremonies despite these individuals’ religious convictions about marriage.

In many cases, states are alleging that declining to participate in a same-sex wedding runs afoul of the state’s civil or criminal anti-discrimination laws. One of the more high-profile cases involves Arlene’s Flowers in Washington State.

Yesterday Arkansas Attorney General Leslie Rutledge announced she was co-filing an amicus brief in support of Arlene’s Flowers. Below is a press release from her office.

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge is leading a 13-state coalition in filing an amicus brief in the Supreme Court of the State of Washington, urging the court to protect the religious conscience rights of its citizens. The attorneys general believe this case has national implications and that similar cases may arise in their states.

“This country has a rich history of protecting the rights of conscience and the free exercise of religion,” said Attorney General Rutledge. “Unfortunately, these rights have recently come under a sustained and coordinated assault even though they are the very reason many came to this country in the first place. Along with my colleagues, I am urging the Washington Supreme Court to recognize that the actions of the defendant are not discriminatory or unlawful but rather reflect sincerely held religious beliefs that should be accommodated in our pluralistic and tolerant society.”

The case involves an owner of a flower shop (Ms. Barronelle Stutzman) who declined to create a floral arrangement for and oversee its placement at a same-sex wedding based on her religious beliefs. She is being sued by the State of Washington under its discrimination law and unfair business practices act.

Stutzman has served this particular client for years, considered him a friend and remains willing to serve him in the future, but she simply believes based on her religious beliefs that she could not participate in and create a flower arrangement for the same-sex marriage.

The attorneys general conclude in their brief that “Our history encourages a public square with many voices, all trying to persuade others of their views. But Respondents want all the voices either to agree on one view or to be silent. Because that runs counter to America’s history of free speech and religious exemptions — which are embedded in Washington’s Constitution — Amici respectfully urge this Court to rule in Appellants’ favor.”

Arkansas is joined in filing by attorneys general from Alabama, Arizona, Louisiana, Nebraska, Nevada, Oklahoma, South Carolina, Texas, Utah and West Virginia and the governors of Kansas and Kentucky.

We applaud Attorney General Rutledge and her office for taking a stand for religious liberty and rights of conscience.

You can read the amicus brief here.

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Federal Court Upholds Constitutionality of Ceremonial Prayer

Religious Freedom,

Last week the Fourth Circuit Court of Appeals overturned a lower court decision against ceremonial prayers at government meetings.

City councils and quorum courts around the country often open meetings with prayer–a practice that predates the U.S. Constitution itself and has routinely been ruled constitutional.

Arkansas Attorney General Leslie Rutledge filed an amicus brief supporting public prayer as part of the defense against this lawsuit. Last week her office issued a statement, saying,

September 19, 2016
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today praised the 4th U.S. Circuit Court of Appeals for rejecting a district court decision and upholding the constitutional right of lawmakers in deliberative bodies to open meetings with a ceremonial prayer. The district court concluded that lawmaker-led prayer was not protected under the Constitution.

“It is a time-honored practice, dating back to the founding of this nation for deliberative bodies, led by a lawmaker, to open a meeting with a prayer,” said Attorney General Rutledge. “I know that this practice is no different in Arkansas, and this victory helps protect lawmaker-led prayer to open meetings in cities and counties across our State and across the country.”

Rutledge was part of a 13-state coalition, led by West Virginia Attorney General Patrick Morrisey, that filed an amicus brief in support of a North Carolina county’s practice of opening its meeting with a prayer offered by commissioners.

The attorneys general brief illustrated that numerous states, counties and municipalities open each meeting with a lawmaker-led prayer and if the lower court’s decision was allowed to stand, many of these governing bodies would be forced to hire a full-time chaplain or recruit volunteer clergy to lead a prayer, which many can simply not afford.

In addition to West Virginia and Arkansas, the brief was signed by attorneys general from Alabama, Arizona, Florida, Indiana, Michigan, Nebraska, Nevada, Ohio, Oklahoma, South Carolina and Texas.

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Atheist Group Goes After “Bible” Course in AR School

Religious Freedom, , ,

As we have written before, a few years ago the Arkansas Legislature passed a law authorizing public schools to teach about the Bible.

Act 1440 of 2013 permits public schools to offer elective academic courses that study “the Bible and its influence on literature, art, music, culture, and politics.” The courses must be objective and nonsectarian, and must meet the same academic standards as other elective courses offered in public schools.

According to CNSNews.com, the Bentonville School Board is considering whether to offer an elective course on the Bible in the coming school year–drawing the ire of the Freedom From Religion Foundation, an atheist group based in Wisconsin, who sent a letter to the board last month in opposition to the course.

It is worth noting courts have indicated the U.S. Constitution does not prevent public school students from being taught about the Bible and its significance throughout human history, provided the instruction is conducted in an educational and neutral manner.

In 1980, the U.S. Supreme Court even went so far in its Stone v. Graham decision as to say, “the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like.” The key is the state has to have a legitimate, secular purpose in offering elective courses on the Bible.

Act 1440’s stated purpose for these classes is to study the Bible’s influence on our culture. This purpose seems more than reasonable, considering no single book has held more sway over western culture than the Bible.

As we have also said before, students and teachers do not shed their First Amendment freedoms by walking into a school. Students are free to form religiously-based student organizations. Students can even discuss their faith, if relevant, as part of course assignments and homework. They can peacefully read scripture or pray during breaks, before school, and after school.

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