Grandmother challenges fine for ‘solitary prayer walk’ during COVID-19 lockdown

Denver Newsroom, Feb 27, 2021 / 03:01 pm (CNA).- An effort to restore strong religious freedom protections in Iowa has the backing of the state Catholic conference and others who say there should be a high threshold for any state interference with the free exercise of religion.

While the legislation does not mention LGBT issues, LGBT advocates have tried to portray it as harmful and discriminatory.
 
“We support the bill and have supported similar proposals for several years,” Tom Chapman, executive director of the Iowa Catholic Conference, told CNA Feb. 26. “Our view is that the bill provides a standard of review for the court when there’s a conflict between the First Amendment’s protection of free exercise of religion and a law.”
 
“This is not a license for anyone to discriminate. It doesn’t grant anyone any new rights,” Chapman said. “It simply gives people and institutions an argument in court.”
 
Iowa’s proposed Religious Freedom Restoration Act, numbered S.F. 436, would allow the government substantially to burden religious exercise only if it can prove that there is a compelling state interest and that this burden is “the least restrictive means of furthering that government interest.”
 
“What it does is it says that government must be held to the highest standards before it can infringe on a person’s free exercise of religion,” Republican Sen. Dennis Guth, the bill sponsor, told KCCI News.
 
“I want all people in the state of Iowa to be able to live and work according to their free conscience without having ideas being censored,” he said. “During this time of kind of the cancel culture, I think the problem is not so much that people of faith are trying to push their religion on someone else, but that the secular world is trying to force their thoughts on people of faith.”
 
The federal Religious Freedom Restoration Act was passed by Congress and enacted into law in 1993, receiving unanimous bipartisan support in the House and passing the Senate by a vote of 97-3. President Bill Clinton signed the legislation.
 
The act was supported by leaders in both parties as a response to the 1990 Supreme Court decision Employment Division v. Smith, in which the court upheld the government in a case involving two Native Americans fired after testing positive for peyote, which they argued they had ingested as part of a religious ritual.
 
The act has played a role in the coronavirus epidemic, with federal courts taking a more sceptical view of public health rules that treat religious gatherings and venues more strictly that similar non-religious activities. The Little Sisters of the Poor have also cited the act in their objections to a federal mandate requiring them to provide employee health coverage of sterilization and contraception, including drugs that can cause abortion, in violation of their religious beliefs.
 
While the federal legislation attempted to require states to have stronger religious freedom protections, the Supreme Court blocked that section of the law. States which desire to return to a high threshold for government burden on religion must pass their own religious freedom legislation.
 
Religious Freedom Restoration Acts have passed in about 20 states.
 
If the Iowa bill becomes law, when a person’s free exercise of religion is burdened by state action, he or she may cite the act as a defense in a judicial or administrative proceeding.
 
“Under current law, a court is not required to apply heightened scrutiny when reviewing a law that burdens a person’s exercise of religion when such law is generally applicable,” said the bill’s explanation section.
 
The bill would require courts to apply the “compelling interest” test of Supreme Court precedents like the 1963 ruling Sherbert v. Verner and the 1972 ruling Wisconsin v. Yoder.
 
While religious freedom had strong support in the U.S. in the late twentieth century, the principle has become contentious with the rise of LGBT advocacy and some abortion rights advocacy.
 
Stronger anti-discrimination laws and policies protecting sexual orientation or gender identity have been invoked to shut down Catholic adoption agencies that only place children with a mother and a father or to compel people working in the wedding industry, like florists, photographers, and bakers, to provide their services for same-sex ceremonies.
 
Some Catholic hospitals have come under fire from critics for declining to perform abortions or gender reassignment surgeries. Critics say such refusals constitute discrimination against women or the self-identified transgendered.
 
The Iowa bill does not mention LGBT concerns or abortion.
 
However, Damian Thompson of the group Iowa Safe Schools, which claims to represent 10,000 LGBTQ youth across the state, characterized the bill as “anti-LGBTQ.”
 
“It’s very distressing for many of our students,” he told KCCI News, claiming that mental health problems, risk of suicide, and self-harm have been accelerating “because we’re seeing problematic pieces of legislation like these ran all the time.”
 
Mark Kende, a constitutional law professor at Drake Law School, contended that the law “allows for discrimination against an already vulnerable group.” He said people would assert religious freedom “while hurting people who might want something or a service from those individuals.”
 
Kende told KCCI that some states that passed religious freedom bills faced corporate boycotts that cost states millions of dollars in revenue.
 
“Iowa can’t afford in the middle of the COVID crisis and the economic downturn to be losing all that business,” he said.
 
Notably, in 2015 then-governor of Indiana Mike Pence faced threats of boycotts from CEOs, celebrities, major sports events, and leaders of some city and state governments over a state religious freedom restoration act that mirrored the federal legislation.
 
The proposed federal Equality Act has come under criticism for concerns that it would strip religious freedom protections from people and institutions accused of discrimination.
 
“Instead of respecting differences in beliefs about marriage and sexuality, the Equality Act would discriminate against people of faith,” the Iowa Catholic Conference said in Feb. 21 comments about the federal bill.
 
As CNA has previously reported, various advocacy groups like the ACLU and the Center for American Progress and even some academic centers like Columbia Law School’s Law, Rights and Religion Project are part of a multi-million dollar social and political change patronage network aiming to limit religious freedom protections where thy conflict with LGBT and abortion rights concerns. Major funders of this network include the Ford Foundation, the Proteus Fund, and the Arcus Foundation.

[…]

A mobile health clinic in St. Peter’s Square on Oct. 25, 2021. / Alexey Gotovsky/CNA.

Vatican City, Oct 25, 2021 / 14:00 pm (CNA).
A mobile health clinic stopped in St. Peter’s Square on Monday to provide nine hours of free heart and general che… […]

Members of the Sts’ailes First Nation at Holy Rosary Cathedral last year for the first Mass to integrate a First Nation language. A Cardus report presents the voices of Indigenous Canadians speaking about their faith and distinguishing it from the traditional spirituality they’re often associated with. / Photo courtesy Nicholas Elbers, 2022

Vancouver, Canada, May 17, 2023 / 14:15 pm (CNA).

A groundbreaking report published by the Ottawa-based Cardus Institute has given voice to Indigenous Canadians who are frustrated by secular society’s unawareness of — or unwillingness to accept — the fact that almost half of them are Christian. 

“I find that insulting to Indigenous people’s intelligence and freedom,” Catholic priest Father Cristino Bouvette said of the prejudice he regularly encounters.

Bouvette, who has mixed Cree-Métis and Italian heritage and now serves as vicar for vocations and Young Adults in the Diocese of Calgary, was one of 12 individuals interviewed by Cardus for the report “Indigenous Voices of Faith.”

Prejudice against Indigenous Christians has become so strong, even inside some Indigenous communities, “that Indigenous Christians in this country right now are living in the time of new martyrdom,” Bouvette said.

Although that martyrdom may not cost them their lives, “they are ostracized and humiliated sometimes within their own communities if they openly express their Christian or Catholic faith.”

Statistics Canada reported last year that the 2021 census found that 850,000, or 47%, of Canada’s 1.8-million Indigenous people identify as Christian and that more than a quarter of the total report they are Catholic. Only 73,000, or 4%, of Indigenous people said they adhere to traditional Indigenous spiritual beliefs.

Ukrainian Catholic Deacon Andrew Bennett, program director for Cardus Faith Communities, conducted the interviews for the think tank last fall. He published his report in March at a time when Canadian mainstream media and many political leaders continued to stir division and prejudice through misleading commentary about abandoned cemeteries at Indian Residential Schools.

The purpose of the report, he writes, “is to affirm and to shed light on the religious freedom of Indigenous peoples to hold the beliefs and engage in the practices that they choose and to contextualize their faith within their own cultures.”

Too often, however, “the public narrative implies, or boldly declares, that there’s a fundamental incompatibility between Indigenous Canadians and Christianity or other faiths,” Bennett said. “[M]any Indigenous Canadians strongly disagree with those narratives.”

Father Bouvette is clearly one of those.

“We did not have Christian faith imposed upon us because of [my Indigenous grandmother’s] time in the residential school or her father’s time in the trade school that he was sent to,” Bouvette said. “No, it was because our family freely chose to receive the saving message of Jesus Christ and lived it and had continued to pass it down.”

Bouvette said his “grandmother was not tricked into becoming something that she didn’t want to be, and then tricked into staying that way for 99 years and 11 months of her life. She was a Christian from the day of her birth, and she remained a Christian until the day of her death. And so that was not by the consequence of some imposition.”

Nevertheless, Canadians continue to labor under a prejudice holding the opposite view. “I do believe that probably the majority of Canadians at this time, out of some mistaken notion of guilt for whatever their cultural or ethnic background is, think they are somehow responsible for Indigenous people having had something thrust upon them that they didn’t want,” Bouvette said.

“But I would say, give us a little more credit than that and assume that if there is an Indigenous person who continues to persevere in the Christian faith it is because they want to, because they understand why they have chosen to in the first place, and they remain committed to it. We should be respectful of that.”

The executive director of the Catholic Civil Rights League, Christian Elia, agrees and says society should grant Indigenous Catholics the respect and personal agency that is due all Canadians.

“Firstly, I am not an Indigenous person, so I cannot speak for our Indigenous brothers and sisters, but neither can non-Indigenous secularists who choose to ignore that Indigenous people in Canada continue to self-identify as Christian, the majority of these Catholic,” Elia said in an interview with The B.C. Catholic.

He said his organization has heard from many Indigenous Catholics who are “growing weary of the ongoing assumption that somehow they have been coerced into the faith, that it is inconceivable that they wish to be Catholic. This condescending attitude must stop.”

Deacon Rennie Nahanee, who serves at St. Paul’s Indian Church in North Vancouver, was another of the 12 whom Bennett interviewed. A cradle Catholic and member of the Squamish First Nation, Deacon Nahanee said there is nothing incompatible with being both an authentic Indigenous person and a Catholic.

“I’m pretty sure we had a belief in the Creator even before the missionaries came to British Columbia,” he said. “And our feelings, our thoughts about creation, the way that we lived and carried out our everyday lives, and the way that we helped to preserve the land and the animals that we used for food, our spirituality and our culture, were similar to the spirituality of the Catholic Church.”

“I believe that’s why our people accepted it. I don’t think anybody can separate themselves from God, even though they say so.”

Interviewed later by The B.C. Catholic, Nahanee said he is not bothered by the sort of prejudice outlined by Bouvette. “People are going to say or do what they want,” he said.

Voices of Indigenous Christianity

Bennett, program director of Cardus Faith Communities, interviewed 12 Indigenous Canadians, most of them Christian, about their religious commitments, “which often clash with the typical public presentation of Indigenous spirituality.” Here is a selection of some of their comments: 

Tal James of the Penelakut First Nation in Nanaimo spoke about the relationship between Indigenous culture and his Christian faith:

“I think … that our [Indigenous] cultures were complete, and in Jesus they’re more complete. I think that’s a big thing and a big step for a lot of us. You’re going to have a lot of non-Indigenous people look at you and question your actions based on your Aboriginal heritage. Don’t take that to heart. They’re the ignorant ones who don’t want you to flourish. Those of you who are Christians, First Nations Christians, you come to the table with the same gifting that non-Aboriginal people have. For them to say, ‘We want to make room for you at the table,’ correct them. You are already at the table, and encourage them to step back and allow your gifts to flourish. Because it’s one in the same spirit.”

Rose-Alma McDonald, a Mohawk from Akwesasne, which borders New York, Ontario, and Quebec, talked about re-embracing her Catholic faith:

“I surprised everybody, including myself, in terms of embracing Catholicism after 20 years away. So I’ve had a few epiphanies in the sense that this is why my mother made me do so much in the church growing up. When I’m working, volunteering, and doing stuff in the church, I remember that. I keep remembering I’m Catholic and I’m still Catholic. I will stay Catholic because of the way I was raised.”

Jeff Decontie, a Mohawk from the Algonquin First Nations who lives in Ottawa, talked about being a person of faith in a secular world:

“Secular worldviews can sort of eat up everything around them and accept a whole wide range of beliefs at the same time. For example, you have the prevailing scientific thinking alongside New Age believers, and people in society just accept this, saying, ‘Oh, whatever it is you believe in, all religions lead to the same thing.’ No one questions it. How can these contradictions coexist? … Then we ask an [Indigenous] elder to lead prayer? Any other religion would be a no-no, but you can ask for an elder who’s going to pray a generic prayer to some generic Creator, and it’s not going to ruffle any feathers. I think that’s the danger of secular thought creeping into Canada: It goes unnoticed, it’s perceived as neutral, but at the same time it’s welcoming a whole wide range of beliefs. And it doesn’t just influence Indigenous thought. It’s influencing Christianity.”

Rosella Kinoshameg, a member of the Wikwemikong Reserve on Manitoulin Island in Ontario, spoke about being Indigenous and Catholic:

“Well, I can’t change being Indigenous. That’s something that is me. I can’t change that. But to believe in the things that I was taught, the traditional things, the way of life and the meanings of these things, and then in a church, well, those things help one another and they make me feel stronger.”

This article was originally published May 10, 2023, in The B.C. Catholic, a weekly publication serving the Catholic community in British Columbia, Canada, and is reprinted here on CNA with permission.

[…]