Lynn v. Sekulow

Recently in Religious Freedom Category

Friday October 16, 2009

Purging Religious References: If at First You Don't Succeed . . .

Barry, you pose an interesting question.  I believe that end of life decisions should be made primarily between an individual and that individual's family and trusted advisors, including spiritual counselors.  An individual should certainly be able to consult his physician, if the individual so chooses.  I would imagine that most health care plans would cover an annual physical exam during which a person could consult with his physician. 

 

I do think it is inappropriate for the government to give physicians an incentive to initiate this conversation and mandate what should be covered in the counseling.  That could all too easily lead to a scenario where the federal government makes care decisions based on life expectancy.

 

And, now from the category... if at first you don't succeed, try, try again.  That's exactly what Michael Newdow, an atheist, and his fellow plaintiffs are doing - this time in a federal appeals court - this time appealing a lower court decision that dismissed their lawsuit challenging prayers offered at the presidential inauguration - including the phrase used in the oath, "So help me God."

Thursday September 3, 2009

Miss California: Look Pretty, Don't Preach--Anything Wrong With That?

I should begin by noting that I hate beauty pageants. Judging women, in whole or in large part, by appearances is a sexist and anachronistic affront to an entire gender.

I must admit, however, that the latest wrinkle in the Carrie Prejean, former Miss California USA, controversy has grabbed my attention. Prejean, who was a finalist in the Miss USA Pageant in April, made a statement in opposition to same-sex marriage during the question and answer segment of the contest. Religious Right groups immediately began complaining that she came in second because of the content of her answer and that she deserved to win the competition.

After the event, Ms. Prejean suffered some embarrassment in regard to a series of "modeling" photographs that appeared on the Internet, but Pageant officials supported her continued activity as Miss California USA.  Then, several weeks later, her employment was terminated, with officials claiming that she had failed to participate in several public events that she was contractually obliged to do and that, on the other hand, she had made some unauthorized media appearances.

Ms. Prejean has now sued Miss California USA officials Keith Lewis and Shanna Moakler, as well as publicist Roger Neal for what she claims was an illegal firing.  I have no opinion about this contract dispute.  However, she is also claiming that the company dismissed her because of an anti-religious bias.  She is asserting that the company told her not to discuss God and her religious values even before the night she gave the infamous anti-same sex marriage answer.


Monday July 27, 2009

From Pre-Born to Already Born

Not surprisingly, we have such a different view about fetuses and their alleged "rights" that we haven't resolved the issue of coverage of "reproductive health" and abortion in the healthcare bill. You would grant constitutional rights to what the Religious Right calls the "preborn."

Let me ask what your view is on the "already born."  News accounts this morning chronicle the beginnings of a second-degree homicide trial for a father who allegedly allowed his young daughter to die from juvenile diabetes.  (The mother has already been convicted.)  His defense, in part, is that he didn't know his daughter had a serious illness and that he was praying for her recovery, whatever she had.  Do you believe that his presumably authentic and deep-rooted spiritual belief in divine intervention in curing illness should be a legal defense in a criminal trial?

Thursday June 4, 2009

Obama Opens Door - Now Action Must Follow

Barry, President Obama opened the door with a brief mention of religious freedom in his 55-minute speech to the Arab world. To his credit, he did bring up the importance of religious freedom, saying:  "Freedom of religion is central to the ability of peoples to live together. We must always examine the ways in which we protect it."  It's a good beginning, but President Obama must use this opportunity to take some real action - to engage this issue with those in the Middle East who have a notorious record for persecuting Christians and others who do not embrace Islam.  

 

He did include a couple of lines about 'religious diversity' - "Among some Muslims, there is a disturbing tendency to measure one's own faith by the rejection of somebody else's. The richness of religious diversity must be upheld - whether it is for Maronites in Lebanon or the Copts in Egypt."

 

Barry, this is an issue where President Obama must use his presidential clout - this isn't just about religious 'tolerance' - it's about real life-and-death issues facing those who want to practice their religious faith.  We have just completed detailed reports about the persecution of Christians in Saudi Arabia and Egypt.

Wednesday June 3, 2009

Probably Not the Best Time For Lectures In Mideast

As you know, Jay, I am not unsympathetic to the plight of the many of the people you represent around the world.  There are strong human rights arguments to be made in asylum cases in Europe--and frankly strong ones to be made in the United States as well.

However, tomorrow's speech by the President in Cairo is probably not the time or place to highlight with great specificity religious persecution in the Islamic world.  I would expect him to do what he did in Turkey earlier this year: explain that the United States is committed to democracy and religious freedom and expect those principles to be exemplars to the rest of the world.  The President noted at that time: "I've said before that one of the great strengths of the United States is- although as I mentioned we have a very large Christian population- we do not consider ourselves a Christian nation, or a Jewish nation or a Muslim nation.  We consider ourselves a nation of citizens who are bound by ideals and a set of values."

Wednesday May 20, 2009

Nothing Wrong with Charter Schools

Barry, congratulations to your daughter on her graduation.  It is that time of year - my son just graduated from Regent University School of Law.   The New Jersey school sounds perfectly legitimate from a constitutional standpoint. The article states...

Friday May 1, 2009

From Graduation, to Supreme Court Vacancy

Barry, the big news, of course, is the reported retirement of Supreme Court Justice David Souter.  The news comes just 102 days into the Obama Administration and sets the stage for President Obama to move to put his liberal stamp on...

Tuesday April 28, 2009

Don't Ban Student Religious Speech at Graduations

Barry, I think the one thing we can agree on is that as long as graduation ceremonies take place across the country, there will be questions - concerns - and ongoing debate about what's proper and what it not. What...

Friday March 20, 2009

National Day of Prayer is Constitutional

Barry, I'm sure you're aware of a lawsuit filed by the Freedom From Religion Foundation (FFRF) in Wisconsin challenging the constitutionality of a 1988 federal law giving the President the authority to designate the first Thursday in May as a...

Tuesday March 17, 2009

Prayer Police in Kentucky?

Barry, there's a troubling situation in Kentucky - in a middle school - where police were actually called to the school after students - are you ready for this - where students were actually praying! That's right.  A student at...

Friday March 6, 2009

Obama Keeps Abortion - Not Choice - Promises

Barry, I am stunned by your defense of President Obama's pro-abortion policies.   You say that you're 'delighted' that he's making good on his promises in this area.  Come on, Barry.  Level with me.  You know this is not about choice...

Tuesday March 3, 2009

A Pro-Abortion Presidential Push

President Obama has wasted little time since taking office staking out positions that are hostile to protecting human life.   Within days of taking the oath of office, President Obama signed an Executive Order repealing what's been called the "Mexico...

Friday February 13, 2009

Jay, You're Condemning Obama For Being Obama

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Tuesday February 3, 2009

Religious Discrimination - Not Economic Stimulus

Barry, as debate unfolds on the economic stimulus package on Capitol Hill, we've already seen some of the 'spending' priorities of this new Administration and Congress.   President Obama wasted no time in issuing an Executive Order clearing the way for...

Tuesday January 20, 2009

Intriguing Inaugural Invocation

After much speculation, Rick Warren, pastor of the Saddleback Church, delivered the invocation at the inaugural ceremony - a prayer that was heartfelt and true to his faith tradition.   Warren offered an inclusive prayer for a nation comprised of...

Friday January 16, 2009

'Green Light' for Inaugural Prayer

Barry, the federal district court in Washington reached the only conclusion it could:  the court decided it could not step in and stop the prayers scheduled for the Presidential inauguration next week and cannot prevent President-elect Obama from ending his...

Thursday January 15, 2009

Categories: Courts, Religious Freedom

No Constitutional Crisis With Inaugural Prayers

Barry, once again, another legal challenge that you probably support - a federal lawsuit filed by Michael Newdow attempting to stop the mention of God at the inauguration of President-elect Obama and the inclusion of prayers at the inaugural ceremony...

Wednesday January 14, 2009

Categories: Courts, Religious Freedom

Differences & Common Ground

Barry, as you know, former Massachusetts Governor Mitt Romney attracted a wide variety of supporters in his run for the Republican Presidential nomination.  And, as you correctly point out, I supported Governor Romney in my individual capacity.  I believe that...

Monday December 22, 2008

Categories: Courts, Religious Freedom

Illinois Supreme Court: Pro-Life Pharmacists to Get Day in Court

It's been a busy time for Illinois Governor Blagojevich at the Illinois Supreme Court.  Last week, the state's highest court refused to hear a case involving a challenge to the Governor's fitness to remain in office as he battles corruption...

Friday December 12, 2008

Christmas Displays are Constitutional

Barry, the First Amendment does not require the government to strip the public arena of references to holidays that the vast majority of Americans observe.   In the Rhode Island case you referred to, the Supreme Court noted that "[i]t...

Tuesday December 9, 2008

Nativity Scenes and Atheist Signs

Barry, we should not expand federal or state reporting requirements for churches that support or oppose legislation/ initiatives, just as we should not continue the gag rule on political speech from the pulpit.   On a different note, you've probably...

Friday October 31, 2008

Categories: Courts, Religious Freedom

Appeals Court OK's Legislative Prayer

Barry, as you know, the U.S. Court of Appeals for the Eleventh Circuit issued an important ruling earlier this week on the constitutionality of prayer before legislative bodies.   In Cobb County, Georgia, a few local taxpayers challenged the County...

Thursday October 23, 2008

Public Schools and the First Amendment

Barry, I never said that the use of a pro-Obama textbook violates anyone's First Amendment rights, but it does illustrate the importance of parents reviewing their child's textbooks, getting involved in electing school board members, and being active at school...

Tuesday October 21, 2008

Inside the Classroom: Pro-Obama Textbook?

These are very interesting times.  Especially when it comes to what's taking place in our public schools.  Barry, I don't know if you've seen the news reports about the controversy in Wisconsin where school officials approved the use of a textbook...

Thursday October 2, 2008

Religious Asylum Claims in the United States

Barry, your discussion of the United States' record in religious asylum cases brought to mind another case we have worked on. We filed an amici curiae brief with a U.S. district court in Pennsylvania along with our international affiliate in...

Wednesday October 1, 2008

UK Judge Recognizes Grave Threat Posed to Converts from Islam to Christianity

We recently received word of a landmark victory for religious freedom in a case we're handling in the United Kingdom. We represent a Syrian married couple who are both former Muslims who became evangelical Christians. The husband was training to...

Tuesday September 30, 2008

A Legislative Fix is Needed

Barry, I am sympathetic with the frustration felt by many pastors who try to fully articulate their religious worldviews during the election season while having to censor themselves due to the IRS gag rule. As I have stated before, I...

Friday September 26, 2008

"Big Brother" Has Got to Go

Barry, we both agree that our constitutional tradition continues to recognize the freedom to speak from the pulpit about the moral issues of the day. We obviously disagree, however, on whether "Big Brother" government surveillance, investigation, and punishment of churches...

Tuesday September 23, 2008

PEACE CHURCHES: Why Not Ask Iran About Peace?

Jay, you are half right in discussing the reception (I'm not sure why you characterized it as a "celebration") to be given by 25 significant religious groups for Iranian President Mahmoud Ahmadinejad.  He is, of course, a revolting figure in...

Monday September 22, 2008

Categories: Religious Freedom

Religious Leaders Make Mistake in Meeting with Iranian President Ahmadinejad

In an inexplicable move, some religious organizations will host a dinner reception on September 25 for one of the world's most renowned terrorist supporters, Iranian President Mahmoud Ahmadinejad. He has been asked to speak on the topic, "Has Not One...

Friday September 12, 2008

Freedom of Religion Is Absolutely Protected; Fraud Not So Much

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Wednesday September 10, 2008

Some Agreement Here?

It sounds like we may agree on some points again. The government is on shaky ground when it interferes with private speech due to its content, especially when private religious speech is targeted due to government disagreement with the message...

Wednesday September 10, 2008

Predicting the Future: In Defense of Fortunetelling

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Friday August 29, 2008

"NO NON-CHRISTIAN HERITAGE WEEK"

As some posters have already relayed to you, if this ticket doesn't deliver the conservative evangelical vote it is hard to imagine what would.You are certainly accurately describing her "Christian Heritage Week" resolution as a "real controversy". As you know,...

Sunday August 24, 2008

DEMS HAD AND GOT RELIGION

First, let me assure every reader that the Democratic Party and the Republican Party and every other party can do anything they want or nothing at all to formally recognize the religious in their midst.  Second, let me assure you...

Wednesday August 20, 2008

Do we have an agreement?

It sounds like we have some agreement here, at least with respect to a conscientious refusal to take human life.   For example, we would both likely support a Louisiana conscience clause that states that no doctor or other person...

Tuesday August 19, 2008

Categories: Courts, Religious Freedom

A Conscience Clause is Needed

The California Supreme Court decision in North Coast illustrates the need to protect doctors and other professionals who hold sincerely held religious beliefs through "conscience clause" legislation and state Religious Freedom Restoration Acts. The same principles could apply in situations...

Monday August 18, 2008

CALIFORNIA SUPREME COURT: ANOTHER BIG WIN FOR HUMAN RIGHTS

Today the Supreme Court of California issued an extremely important decision in a case which addressed the issue: does the right of religious freedom exempt a medical clinic's physicians from complying with a state law that bars discrimination based on...

Friday August 15, 2008

Presidential Politics & the Church and Victory for a Judge

Barry, I am still waiting for the call to moderate The Saddleback Civil Forum on Leadership and Compassion with you.  But alas, no offers.  Look, I think it's absolutely fine for the candidates to appear at Saddleback Church.  If the NAACP offers...

Tuesday August 12, 2008

Presidential Politics & the Church - a Purpose Driven Forum

Let me say at the outset, that I am a fan of Rick Warren, Pastor of Saddleback Church in California.  His book, The Purpose Driven Life, has encouraged tens of thousands of people, and his ministries have had a global...

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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