White Christianity and Religious Liberty: The New Religious Task Force

By Morgan Moone, Associate Editor

[dropcap]P[/dropcap]resident Trump, in his declaration celebrating Religious Freedom Day on January 16, 2018, wrote that “No American– whether a nun, nurse, baker, or business owner — should be forced to choose between the tenants of faith or adherence to the law.” A few short months later, on July 30, 2018, Jeff Sessions announced the Department of Justice’s (DOJ) newly created “religious liberty task force.” The task force was created to  protect religious groups from persecution by a “dangerous” and “undetected” (and unnamed) movement. To do this, the task force will follow directives laid out in a previously released religious guidance memo. The religious directive orders federal agencies to take the broadest possible interpretation of religious liberty, “for example, prohibit[ing] the IRS from threatening the tax-exempt status of any religious organization that actively lobbied on behalf of a political candidate.” The memorandum, circulated by Jeff Sessions, declares that the free exercise of religion is “’an unalienable right’ because the duty owed to one’s Creator is ‘precedent.’”

Sessions’ announcement proclaimed the government’s determination to “protect and even advance” religion in the United States. The DOJ has failed, however, to provide details on the activities of the task force, how much it is spending, what its mandate and scope is, and who is staffed on the task force. The only details known are that it will be co-chaired by Acting Associate General Jessee Panuccio, who was an attorney for supporters of California’s same-sex marriage ban, Proposition 8, and Beth Williams, Assistant Attorney General for the Justice Department’s Office of Legal Policy.

Sessions justifies the task force by claiming that individuals’ religious freedoms are at risk, stating that, under the status quo, “one can actively target religious groups by labeling them as a ‘hate group’ on the basis of their sincerely held religious beliefs.” The notion of “sincerely held belief,” a legal standard utilized in religious freedom cases, is one that has been used for decades to resist civil rights advancement. Seemingly tolerant of all religions, “sincerely held belief” comes fraught with dangerous consequences. The idea of sincerely held belief allows individuals to gain an exception from a law or regulation if they claim that it violates a ‘sincerely held belief,’ whether the belief is religiously, spiritually or morally motivated. For example, the nuns of Zubik v. Burwell claimed that providing contraception in their health care plans violated a sincerely held belief in that it violated their moral values against contraception. In his announcement, Sessions misquoted Zubik v. Burwell by saying “we’ve seen nuns ordered to buy contraceptives” in an attempt to highlight a non-existent discrimination against the nuns. The Court actually held that the sisters were not automatically exempt from the contraceptive mandate found in the Affordable Care Act.

The irony of Sessions’ new task force is that it comes after a slew of religiously oppressive mandates and policies, many of which were condoned by the White House or other government entities, including the travel ban from many Muslim-majority countries, and the recent decisions of the Supreme Court allowing businesses to discriminate against LGBT people. Rabbi Jack Moline, president of Interfaith Alliance, called on Sessions to re-evaluate his definition of religious freedom, saying that the Attorney General and Department of Justice cannot celebrate the United States as “one of the world’s most diverse religious people” while jettisoning the interest of the vast majority of Americans of faith and of no particular faith.

Protecting Christian Superiority through the Religious Task Force

[dropcap]T[/dropcap]he government-backed religious task force seeks to guard dangerous racist ideas by affording more protections to those that claim said “sincerely held beliefs,” even if those beliefs infringe on the rights of others or include dangerous incitement. This extension of religious protection in favor of a white, Judeo-Christian society is not surprising from Sessions: let us not forget that his history of racist remarks and behavior caused him to be blocked from judicial appointment in 1985.

Some of our nation’s most appalling policies – Native American genocide, slavery, Ku Klux Klan and the travel ban from majority Muslim countries – come from sincerely held beliefs of racial superiority, scriptural justification or “otherness” that has been perpetuated and condoned through exceptions and exemptions. Many of the religious groups and individuals Sessions claims are incorrectly labeled as “hate groups” have sincerely held religious beliefs about separating the races or the superiority of white people.

The governments seemingly newfound dedication to promoting religious freedom is one that is rife with hypocrisy that unequivocally showcases the Trump Administration’s true ethno-nationalist goal: to promote the vitality of white Judeo-Christian believers in America. This idea of white Christian superiority is one that has been gaining momentum for years. Nelson Tebbe, professor at Brooklyn Law School and visiting professor at Cornell Law, stated in a Vox interview, “the Supreme Court has not decided a religious freedom case in a way that’s adverse to the interest of Christians for the past few terms. I can’t think of a single religious freedom case that they’ve lost.” Consider Trump v. Hawaii, a challenge to the third travel ban which prohibits most nationals from five Muslim-majority countries, North Korea, and a small number of Venezuelans from acquiring visas to enter the United States. Despite Trump regularly declaring it a “Muslim ban,” the Supreme Court ultimately decided that it was not unconstitutionally discriminatory because “Muslim ban” did not explicitly appear in the ban. The ban, heavily debated in American politics, fundamentally “second-guesses our nation’s dedication to religious freedom and tolerance,” said Justice Roger Gregory of the Fourth Circuit.

The United States government, through the works of Attorney General Jeff Sessions, has “distorted our country’s traditional understanding of religious freedom for their benefit,” threatening true religious freedom and expression for all faiths by placing the faith of white Judeo-Christians above all others. This intent to only protect those of the Christian faith is starkly apparent in Sessions’ speech indicating that he would fight to ensure that people can say “Merry Christmas” again. The purpose of Jeff Sessions’ efforts is to elevate Judeo-Christian faith is consistent with ethno-nationalism. Ethno-nationalism’s attempt to define a state as a specific religious group is inherently problematic, and its increasing public acceptance in the form of rising neo-nazi and “alt right” groups demonstrates the dangerous justifications the United States’ actions are providing to these groups. Exclusionary policies like the religious task force that inherently focus on protecting the white “majority” push vulnerable communities and disenfranchised groups further to the fringes of society.

“When I attend church, no one is blocking my way or asking the choir to shush; the government doesn’t peek its nose into the confessional.”

Anti-Immigrant Agenda and the Religious Task Force

[dropcap]A[/dropcap]t the time of the religious task force declaration, and even before, numerous reports of detained immigrants being prevented from practicing their religion surfaced. In Victorville, California, at a remote medium security prison, immigrants are denied the ability to practice their faith. According to the ACLU, which sued ICE and the prison for violating the constitutional rights of the detainees, the men have been refused religious services or other opportunities for group worship and prayer. According to the lawsuit, prison policy restricts that ability of the men to worship outside of their cells. All religious items including religious clothing and holy books are taken. Sikh men have had their turbans confiscated and have not been able to regain access to replacements, violating one of the most sacred Sikh religious practices. One detainee, included in the ACLU’s lawsuit, attempted to hold a Bible study group with about 15 other detainees in a common area of the building, but was told that they did not have the right to assembly or prayer.

Similarly, at Glades County Detention Center in Florida, Muslim immigrants are being denied the ability to participate in Ramadan. “Most Muslims get to decide of their own volition whether or not they want to participate in the fast [of Ramadan]….Bur for those at Glades, there is an external barrier that can get in the way: an officer’s arbitrary decision whether or not to place them on the facility’s ‘Ramadan list,” according to Muslim Advocates and Americans for Immigrant Justice. From their records, at least two men were denied placement on the Ramadan list; one of them submitted a formal, written request to be placed on the list several days before Ramadan. The consequences of trying to fast without begin placed on the list and receiving permission includes solitary confinement, discipline or segregation.

In Sheridan, Oregon, attorney Lisa Hay filed lawsuits on behalf of dozens of asylum-seekers at the Sheridan Federal Correctional Institution. She alleged that prison authorities are denying religious accommodations for the detainees, most of whom are Hindu or Sikh. William Teesdale, Chief Investigator for the Public Defender’s Office said: “The Sikh detainees have not been allowed to wear turbans and instead have either been uncovered or forced to make do with towels, t-shirts, hats, or other inadequate coverings.”

Blurred Lines between Church and State

[dropcap]T[/dropcap]he Trump administration has consistently announced its desire to promote its white, Christian nationalism: at the announcement of the task force, Jeff Sessions aligned himself with Colorado baker Jack Phillips, commending him on his adherence to his beliefs for refusing service to a gay couple. The Trump administration has also enacted policies that align with the political agenda of conservative Christians, including cutting funds to organizations that offer abortion counseling, allowing religious employers to decline to provide birth control to employees and attempting to ban transgender people from the military.  In January, the Department of Health and Human Services announced the creation of the “Conscience” Division, empowering health care providers to discriminate in their services.

The task force will certainly be used to sanction and discrimination against minorities, and the threat has been proclaimed by several civil rights advocates and organizations. With the proposed nomination of Brett Kavanaugh to the Supreme Court, the interpretation of religious liberty towards favoring the beliefs of Christian evangelicals over all others is a real threat. Sarah Kate Ellis, the president and CEO of GLAAD, stated “Though freedom of religion is a core American value, religious exemptions from adhering to nondiscrimination protections are not.”

The United States is swiftly entering a new stage of nationalism and institutionalized bonds between church and state. The government, continuously seeking justifications for discrimination against LGBT individuals, religious minorities and immigrants, has utilized morality and religiously backed ideals to bludgeon protections and recognized rights of communities that do not align with the white Judeo-Christian society the government seeks to promote. Mary C. Curtis, a contributor and author for Roll Call, wrote: “When I attend church, no one is blocking my way or asking the choir to shush; the government doesn’t peek its nose into the confessional.” As the idea of religious liberty and freedom quickly morphs into a government-backed pro-Christian agenda, dangerous policies are enacted and racist groups emboldened. The religious task force is simply a pawn in attempts to further blur the lines between church and state.