Air Force Academy asks for informal review of religion on campus

The Air Force Academy has asked retired Air Force General Patrick K. Gable, former commandant of cadets at the Academy and currently president of the University of Alaska, informally to review how the Academy was doing since charges of religious intolerance were lodged in 2004.

Mikey Weinstein, founder and president of the Military Religious Freedom Foundation, criticized the scope of the review.

The problem at the school is not with any restriction on the free exercise of religion, but with unwanted proselytizing by fundamentalist Christians, a violation of the constitutional concept of the separation of church and state, he said.

Gamble said he was assembling a team of five or six members with expertise in law, religion, and academics and had not yet decided whether they would look at the separation issue.

[The Associated Press]

Air Force Academy Professors sue to block prayer event

Five faculty members at the Air Force Academy and the Military Freedom Foundation have filed suit to block a “National Prayer Luncheon” event to which cadets and faculty have been invited. The professors claim that the event infringes on the separation of church and state; an academy spokesman said that the attendance was strictly voluntary.

[Associated Press via Inside Higher Ed]

Astronomer’s views on evolution may have cost him a job

In 2007 Martin Gaskell was the leading candidate for the position of director of a new observatory at the University of Kentucky until his views on evolution became known. Now a federal judge has ruled that Gaskell has the right to a jury trial over his allegations that he lost the job because of  his religious beliefs. The University claims that it was Gaskell’s scientific views that became an issue, not his religious beliefs. The Louisville Courier-Journal summarizes,

In its brief, UK said professors worried about Gaskell’s "casual blending of religion and science" and feared the then-planned MacAdam Student Observatory’s "true mission … would be thwarted by controversy that has nothing to do with astronomy."

Gaskell’s lawsuit, however, argues UK officials repeatedly referred to his religion in their discussions and e-mails. And he argues that UK mistook him for a creationist — someone who believes the Bible disproves the theory of evolution

The Louisville Courier-Journal’s report provides extensive background material from the court records.

[The Louisville Courier-Journal via Inside Higher Ed]

Cancellation of noncredit course on Islam remains controversial

Insider Higher Ed’s David Moltz has a report on the continuing controversy over the decision by Oregon’s Lane Community College to cancel a noncredit course on Islam. The course was to be taught by Barry Sommer, head of the local Eugene/Springfield chapter of Act! for America. The website for the national organization opens with this statement from its founder:

I founded ACT! for America because Islamic militants have declared war on America. I know what this means. For years, I witnessed first-hand how brutally jihadists treat non-Muslims.

We are in for the fight of our lives and we must ACT! – before it’s too late.

The reason Lane administrators gave for the cancellation was the recent terrorist attack in Portland and the firebombing of a mosque in Covallis. But on the same day as the cancellation, the Council on American-Islamic Relations (CAIR) called on the college to replace Sommer as the instructor. Much of the ongoing controversy, and the threatened law suit, revolve around whether the college bowed to outside pressure from CAIR and compromised academic freedom.

U.S. Appeals Court dismisses suit over religious speech

After a Los Angeles City College speech professor allegedly shouted down a student who was giving a presentation about his Christian faith, the student sued and asked, among other things, that the court strike down a district sexual-harassment code that forbade students and employees from creating a “hostile or offensive” educational environment. Scott Jaschik of Inside Higher Ed sets the context:

John Matteson, the professor, had asked students to give a speech on the topic of their choice. [The student, Jonathan] Lopez, who describes himself as a devout Christian, spoke about issues of faith and God. According to the appeals court’s summary of the facts in the case, Lopez touched on the issue of gay marriage by reading Bible passages and quoting from the dictionary, at which point Matteson called his student a "fascist bastard" and told the class that anyone who was offended could leave. Nobody left and Matteson then dismissed the class.

A few days later, Lopez turned in to Matteson a list of possible topics for a future speech, and while Matteson gave Lopez an A on the list, he wrote: "Remember — you agree to Student Code of Conduct as a student at LACC."

A federal district judge later issued an injunction preventing the college district from enforcing the code. A panel of the Ninth Circuit noted “serious concerns raised by policies that regulate speech on college campuses,” but unanimously found that the student failed to show that he was harmed by the code and that he lacked standing to bring the case. The decision is likely to be appealed.

See Inside Higher Ed for a Jaschik’s helpful analysis of the issues involved, and The Chronicle of Higher Education [subscription may be required] for summary details and links.

Peralta Community College settles suit regarding prayer in class

The Peralta Community College District in California will pay $90,000 for legal fees to two students who faced suspension and disciplinary letters after praying in class and in a teacher’s office. The disciplinary letters will be removed from their files.

[The Contra Costa Times via Inside Higher Ed]

Oral arguments in Christian Legal Society v. Martinez (Hastings School of Law)—with links

We have been following the news regarding the legal challenge that the Christian Legal Society (CLS) made to the non-discrimination policy of the University of California Hastings School of Law. The CLS student group asserts a constitutionally protected right to limit its voting membership to those who affirm the group’s Christian faith statement. The CLS also regards "unrepentant participation in or advocacy of a sexually immoral lifestyle" as being inconsistent with its statement of faith. The decision in this case may force colleges and universities to rewrite their non-discrimination policies to let student groups reject potential members on the basis of religious belief or sexual practices.

The United States Supreme Court has now heard oral arguments in the case, and a variety of news organizations have reports:

• Perhaps the most helpful for the purposes of this blog is the account offered by The Chronicle of Higher Education [subscription may be required]. It offers more summary of the oral arguments, analysis, and expert opinion than the other links collected here.
• The Associated Press piece in The New York Times has some details not found in the Chronicle.
• Religion & Ethics NewsWeekly offers an interview of two of the principals: Leo Martinez, Dean and Acting Chancellor, Hastings College of the Law; and Greg Baylor, Attorney, Christian Legal Society.
• The official transcript of the oral argument is here.
• Here is CSL’s key public page on the suit, and
• Here is Hasting’s page linking to other reports and opinion pieces.

Christian Legal Society v. Martinez (Hastings School of Law)—possible consequences

The Pew Forum on Religion & Public Life offers a useful overview and analysis of the issues to be debated before the Supreme Court on 19 April, 2010. At issue is whether a public institution—in this case, the University of California’s Hastings College of Law—may refuse to recognize a religiously based organization—in this case, the Christian Legal Society—that effectively bars non-Christians and non-celibate gays and lesbians from becoming voting members or assuming leadership positions.

This is an issue that Religion on our Campuses has been following for several months now. Particularly worth pondering in this instance: the Pew brief suggests possible ramifications depending upon how the case is decided:

If the justices rule in favor of Hastings and determine that its anti-discrimination provision does not burden CLS’s First Amendment right to expressive association, the decision is likely to have a limited impact outside of educational settings. At publicly funded educational institutions of all kinds, however, a ruling in favor of Hastings might embolden some schools to enact tighter restrictions on eligibility for student activity funding and resources. At these institutions, a decision for Hastings might give officials greater confidence that when they set conditions on groups that accept public money, they will not be violating their First Amendment freedoms.

If, however, the court finds that the non-discrimination rules impermissibly burden CLS’s rights, then the decision could have a broad impact that extends beyond educational institutions. Not only would this ruling protect the right of religiously based groups, like the Christian Legal Society, to receive support at places like Hastings, it might also allow groups that discriminate based on other criteria, such as race or gender, to gain equal access to public forums. Furthermore, if the court extends the reach of this decision to all government funding programs (as opposed to only those, like the one at Hastings, that concern public forums for speech) then its potential impact would be very significant. Such a ruling could lead to dramatic changes in this area of law by inviting courts to much more thoroughly scrutinize the conditions that accompany government aid programs, ranging from public welfare funding to higher education scholarships.

Fresno City College may reprimand instructor who allegedly insulted homosexuals and engaged in religious indoctrination

The Chronicle of Higher Education [subscription may be required] reports that Fresno City College intends to reprimand a health-sciences instructor, Bradley Lopez, for creating “a hostile learning environment” and for violating “the local community-college district’s policies against religion indoctrination and insults based on sexual orientation.” The complaint against the instructor was brought by the American Civil Liberties Union on behalf of three students. The instructor, Mr. Lopez, is being represented by an attorney provided by the Pacific Justice Institute, a Sacramento-based “legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties.” The Chronicle account gives background and summarizes facts that are in dispute.

New president invites founder of an evangelical megachurch to give keynote speech at his inauguration

The Chronicle of Higher Education [subscription required] reports on the decision of the incoming president of the University of Rhode Island, David M. Dooley, to invite the Rev. Gregory A. Boyd, founder of an evangelical megachurch in St. Paul, MN, to give a keynote speech at the new president’s inauguration. As the Chronicle observes,

It’s a risky move, particularly at a public university, where religious-themed events are generally verboten. And not all professors at Rhode Island are thrilled at the prospect of hearing Mr. Boyd’s speech. A few faculty members may boycott the inauguration over his church’s condemnation of homosexuality, while others plan to wear rainbow colors to show their support for gay rights.

The Chronicle offers Mr. Dooley’s reasoning:

Mr. Dooley, for his part, said the university needs an injection of self-confidence, an assessment shared by faculty leaders. He chose Mr. Boyd, he said in an interview last week, because of the senior pastor’s writings on free will. Mr. Boyd argues against the commonly held Christian belief that events are preordained, teaching instead that people have the power to chart their own courses. It’s a controversial message among evangelicals, and one Mr. Dooley wants the university to embrace, particularly as Rhode Island struggles with a serious economic downturn.

Mr. Dooley also explained that "Public universities have tended to avoid engaging, really, the spiritual sides of a great number of members of their community."

The inauguration will include speakers from other religions as well.