House Brands Palestinian Slogan as Antisemitic

Yesterday the U.S. House of Representatives by a vote of 377-44 adopted House Resolution 883 (full text) stating that the slogan, "from the river to the sea, Palestine will be free'" is antisemitic. After 29 "Whereas" clauses, the Resolution reads:

That it is the sense of the House of Representatives that—

(1) the slogan, “from the river to the sea, Palestine will be free”, is outrightly antisemitic and must be strongly condemned; 

(2) this slogan is divisive and does a disservice to Israelis, Palestinians, and all those in the region who seek peace;

(3) this slogan rejects calls for peace, stability, and safety in the region;

(4) this slogan perpetuates hatred against the State of Israel and the Jewish people; and

(5) anyone who calls for the eradication of Israel and the Jewish people are antisemitic and must always be condemned.

House Members Protest Invited Guest Chaplain

Yesterday, 26 members of the U.S. House of Representatives Freethought Caucus sent a letter (full text) to House Speaker Mike Johnson and the House Chaplain questioning why California-based pastor Jack Hibbs was invited to deliver an opening prayer in the House of Representatives.  The letter reads in part:

The undersigned members write to express our concerns about Speaker Johnson’s sponsorship of Pastor Jack Hibbs as the Guest Chaplain of the House of Representatives. Pastor Hibbs is a radical Christian Nationalist who helped fuel the January 6th insurrection and has a long record of spewing hateful vitriol toward non-Christians, immigrants, and members of the LGBTQ community. He should never have been granted the right to deliver the House’s opening prayer on January 30, 2024.  

In the days leading up to the attack on the Capitol, Hibbs echoed Donald Trump’s election fraud lies and inflamed his followers by preaching that January 6th would go down in history alongside the War of Independence and the War of 1812. By preaching that God had anointed the Trump administration and could still intercede to save Trump’s presidency on January 6th, Hibbs advanced a religious permission structure that led to violence by those who believed any means were justified to carry out what they viewed as God’s plan....

House Committee Seeks Documents on FBI Interest in Radical Traditionalist Catholic Extremists

Yesterday, U.S. House Judiciary Committee chairman Jim Jordan issued a subpoena to FBI Director Christopher Wray seeking documents related to the FBI's attempt to monitor possible violent extremism among radical-traditionalist Catholics.  In an April 10 Committee Press Release (full text), the Committee said in part:

From this limited production, it is apparent that the FBI, relying on information derived from at least one undercover employee, sought to use local religious organizations as “new avenues for tripwire and source development.”... 

The FBI similarly noted two other opportunities to engage in outreach with religious institutions in the Richmond area, citing a desire “to sensitize the congregation to the warning signs of radicalization and enlist their assistance to serve as suspicious activity tripwires.” This outreach plan even included contacting so-called “mainline Catholic parishes” and the local “diocesan leadership.” 

The subpoena cover letter (full text) says in part:

The Committee on the Judiciary is conducting oversight of the Federal Bureau of Investigation’s (FBI) handling of domestic violent extremism investigations against Catholic Americans and its effect on protected First Amendment activity....

We have repeatedly sought information from the FBI relating to a January 23, 2023 document generated by the Richmond Field Office entitled “Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities”.... In this document, the FBI purported to categorize Catholic Americans based on theological distinctions and relied on the Southern Poverty Law Center to suggest that certain kinds of Catholic Americans may be domestic terrorists.

A report by Bloomberg on the subpoena adds:

There was no immediate response from Wray, but he told senators last month that the document “does not reflect FBI standards” and the bureau “took steps immediately to withdraw it and remove it from FBI systems.”

“We do not conduct investigations based on religious affiliation or practices, full stop,” Wray told the Senate Intelligence Committee.

House Hearing Explores Lobbying of Supreme Court by Religious Conservatives

Yesterday, the House Judiciary Committee held a hearing titled Undue Influence: Operation Higher Court and Politicking at SCOTUS. One of the witnesses was Rev. Robert Schenck who, in his written testimony, expanded on his previously published interview with the New York Times.  Schenck recounts his organization's attempts to gain access to Supreme Court Justices through donors to the Supreme Court Historical Society. He said in part:

My purpose was to develop relationships with the Justices who held positions sympathetic to religious conservatives' general concerns. In this way, I could gain insights into their thinking regarding the questions and cases that come before them and, perhaps, read their disposition toward the topics of most significant interest to me and my cohorts. Over time, I also thought my associates and supporters might be able to shore up the resolve of the conservative members. Our concern was for cases we adjudged beneficial to the country's culture, such as those restricting or banning abortion, euthanasia and assisted suicide, as well as same-sex relationships, especially marriage, and those expanding religious liberty, predominantly Christian practice, and public displays of Christian belief. The Historical Society was also a place where my cohorts and I could learn more about the customs, traditions, mores, and protocols of the Court, easing our entry into their social circles.

His testimony went on to describe his learning in advance about the outcome of the Hobby Lobby case. 

Another witness before the Committee, Mark R. Paoletta, in his written testimony sharply criticized Schenck's account, saying that Schenck has "built his career on deception and deceit."  NPR reports on the hearing.

House Hearing On Impact of Dobbs Decision

On July 13, the House Committee on Oversight and Reform held a hearing on The Impact of the Supreme Court’s Dobbs Decision on Abortion Rights and Access Across the United States. Video of the full hearing and written transcripts of the prepared testimony of six witnesses who appeared before the Committee are available here at the Committee's website.

Archbishop Bars Pelosi From Communion Because Of her Support For Abortion Rights

On Thursday, San Francisco Catholic Archbishop Salvatore J. Cordileone formally notified Nancy Pelosi, Speaker of the House of Representatives, of the consequences under Church law of her support for codifying Roe v. Wade into law:

you are not to present yourself for Holy Communion and, should you do so, you are not to be admitted to Holy Communion, until such time as you publically repudiate your advocacy for the legitimacy of abortion and confess and receive absolution of this grave sin in the sacrament of Penance.

The Notification (full text) also says in part:

The Second Vatican Council, in its Decree on the Church in the Modern World, Gaudium et spes, reiterated the Church’s ancient and consistent teaching that “from the first moment of conception life must be guarded with the greatest care while abortion and infanticide are unspeakable crimes”....

... A Catholic legislator who supports procured abortion, after knowing the teaching of the Church, commits a manifestly grave sin which is a cause of most serious scandal to others....

The Archbishop also sent a lengthy Letter to the Faithful (full text) explaining his action, saying in part:

Please know that I find no pleasure whatsoever in fulfilling my pastoral duty here.  Speaker Pelosi remains our sister in Christ.  Her advocacy for the care of the poor and vulnerable elicits my admiration.  I assure you that my action here is purely pastoral, not political.

He also sent a Letter to the Priests of the Archdiocese (full text) explaining the Canon Law basis of his decision and giving them further background.  It reads in part:

Canon 915 is found in Book IV of the Code of Canon Law, which has to do with the Sanctifying Office of the Church.  It is not in Book VI, which is the Church’s legislation on penal law.  Thus, this is not a sanction, or a penalty, but rather a declaration of fact: the Speaker is “obstinately persevering in manifest grave sin” (canon 915).  A sanction, on the other hand, such as excommunication, has its own particular process and reasons for being applied.  This is quite distinct from the application of canon 915....

Let us not fool ourselves: this is, essentially, a spiritual battle.  It is not poetic rhetoric to call the proliferation of abortion demonic.  The prophets of old excoriated the people of Israel when they passed over to the worship of Moloch, sacrificing their children to this pagan idol (cf. Lev 18:21; Lev 20:2; Ps 106:37-38).  Recall that in the biblical mentality, pagan idols are synonymous with demons.  It should come as no surprise, then, that the first one to challenge the Texas heartbeat law was the Satanic Temple, and precisely on the grounds of denial of religious freedom: they need abortion to carry out their rituals....

In closing, allow me to observe that what we are facing in this particular moment of history is a powerful reminder to us that the Priesthood is not for the faint-hearted.  Of course, it never was.  But for a long time, up until recently, we lived in a society that allowed us to imagine that it was.  Let us not fool ourselves any longer.

NPR reports on the Archbishop's action.

House Overwhelmingly Passes Resolution Condemning Antisemitism

On Thursday, the U.S. House of Representatives by a vote of 420-1 passed House Resolution 1125 (full text) condemning rising antisemitism. Among the various actions called for by the Resolution, it:

(1) calls on elected officials, faith leaders, and civil society leaders to use their bully pulpit to condemn and combat any and all manifestations of antisemitism;

(2) calls on elected officials to condemn and combat any and all denials and distortions of the Holocaust and to promote Holocaust and antisemitism education;...

(5) calls on social media platforms to institute stronger and more significant efforts to measure and address online antisemitism while protecting free speech concerns;

The only Representative voting against the Resolution was Thomas Massie of Kentucky. Seven Representatives were listed as "not voting." JNS reports on the Resolution.

Catholic Members of U.S. House Confront Bishops Over Possible Denial of Communion To Pro-Choice Democrats

As reported by CNN, the U.S. Conference of Catholic Bishops today voted 168-55 with 6 abstentions to direct its Committee on Doctrine to draft a formal statement on the meaning of the Eucharist in the life of the Church.  Conservative bishops want to deny communion to public officials, including President Biden, who support abortion rights.

In response to these developments, today 60 Catholic Democratic members of the House of Representatives issued a Statement of Principles which reads in part:

We envision a world in which every child belongs to a loving family and agree with the Catholic Church about the value of human life. Each of us is committed to reducing the number of unintended pregnancies and creating an environment with policies that encourage pregnancies to be carried to term and provide resources to raise healthy and secure children. We believe this includes promoting alternatives to abortion, such as adoption, improving access to children's healthcare and child care, and creating a child benefit through the expanded and improved Child Tax Credit.

In all these issues, we seek the Church's guidance and assistance but believe also in the primacy of conscience.... [W]e acknowledge and accept the tension that comes with being in disagreement with the Church in some areas. We recognize that no political party is perfectly in accord with all aspects of Church doctrine. This fact speaks to the secular nature of American democracy, not the devotion of our democratically elected leaders. Yet we believe we can speak to the fundamental issues that unite us as Catholics and lend our voices to changing the political debate ... that often fails to reflect ... the depth and complexity of these issues....

We believe the separation of church and state allows for our faith to inform our public duties and best serve our constituents. The Sacrament of Holy Communion is central to the life of practicing Catholics, and the weaponization of the Eucharist to Democratic lawmakers for their support of a woman’s safe and legal access to abortion is contradictory. No elected officials have been threatened with being denied the Eucharist as they support and have supported policies contrary to the Church teachings, including supporting the death penalty, separating migrant children from their parents, denying asylum to those seeking safety in the United States, limiting assistance for the hungry and food insecure, and denying rights and dignity to immigrants.

We solemnly urge you to not move forward and deny this most holy of all sacraments ... over one issue....

UPDATE: After the June 17 Conference of Bishops, the USCCB clarified the Conference resolution on drafting a document on the meaning of the Eucharist: " The question of whether or not to deny any individual or groups Holy Communion was not on the ballot."

House Resolution Calls For International Repeal of Blasphemy, Heresy and Apostasy Laws

The U.S. House of Representatives yesterday, by a vote of 386-3 passed House Resolution 512 (full text) calling for the global repeal of blasphemy, heresy and apostasy laws. The Resolution says in part:

[B]lasphemy laws have affected Christians, Muslims, Hindus, Baha’i, secularists, and many other groups, are inconsistent with international human rights standards because they establish and promote official religious orthodoxy and dogma over individual liberty, and often result in violations of the freedoms of religion, thought, and expression that are protected under international instruments, including Articles 18 and 19 of the International Covenant on Civil and Political Rights (ICCPR)....

The Resolution "calls on the President and the Secretary of State to make the repeal of blasphemy, heresy, and apostasy laws a priority in the bilateral relationships...."

Nazi Symbols On 75-Year Old POW Gravestones In VA Cemeteries Raise Protests

Yesterday, bipartisan leadership of the House Veterans Affairs and Appropriations Committees wrote the Secretary of Veterans Affairs (full text of letter) demanding removal or alterations to the gravestones of three World War II German POW's in VA cemeteries.  According to the Military Times earlier this month:

At issue are three grave sites at two VA cemeteries: Fort Sam Houston National Cemetery in Texas and Fort Douglas Post Cemetery in Utah. Both were used to inter dozens of unclaimed remains of enemy troops following World War II.

While most of the foreign troops’ grave markers list only names and dates of death, the three in question are also engraved with with a swastika in the center of an iron cross and in inscription in German which reads “He died far from his home for the Führer, people and fatherland.”...

Veteran Affairs officials in a statement said the headstones date back to the 1940s. Army officials oversaw both cemeteries at the time and approved the inscriptions and inclusion of the swastika.

“The National Historic Preservation Act of 1966 assigns stewardship responsibilities to federal agencies, including VA and Army, to protect historic resources, including those that recognize divisive historical figures or events,” National Cemetery Administration spokesman Les' Melnyk said in response to questions about the graves.

“For this reason, VA will continue to preserve these headstones, like every past administration has.”

Military Religious Freedom Foundation which originally called attention to the gravestones has background and further information.

House Holds Hearings On Anti-Semitic Domestic Terrorism

On Feb. 26, a subcommittee of the House Homeland Security Committee held a hearing titled Confronting the Rise in Anti-Semitic Domestic Terrorism, Part II. Transcripts of testimony and opening statements, as well as a video of the entire hearing, are available on the Committee's website. Part I of the hearings were held in January. (Transcripts and video of testimony).

Recent Hearings By House Foreign Affairs Committee

The House Foreign Affairs Committee has held two hearings of interest in recent days:

• Ending Global Religious Persecution (Jan. 28, 2020) Video of full hearing. Further coverage at Blog from the Capital.
  
• Resisting Anti-Semitism and Xenophobia in Europe (Jan. 29, 2020). Video of full hearing.

House Holds Hearings On Human Rights Issues In India's Jammu and Kashmir

Last Thursday, the House of Representatives Tom Lantos Human Rights Commission held hearings on Jammu and Kashmir in Context. The Committee sets out the context:

The Indian government’s decision to change the legal status of the Muslim-majority state of Jammu and Kashmir, announced in August and effective as of October 31, 2019, has attracted intense attention due to persistent reports of human rights violations, including a crackdown on freedom of expression; the arbitrary “preventive” detention of hundreds of politicians, lawyers, journalists, and other civil society figures and related fears of enforced disappearance; and the use of excessive force against protesters. The increased militarization of the security presence in the region and the economic and social consequences of the central government’s actions, including continuing restrictions on internet and phones, have also provoked widespread concern. In addition, militants have targeted migrant workers from outsider Kashmir, and have threatened businesses to maintain a protest shutdown.

A video of the two and one-half hour hearing along with transcripts of witness' prepared statements and material submitted for the record are all available at the Commission's website. These include testimony from the U.S. Commission on International Religious Freedom focusing on religious freedom for minorities in India.

House Holds Hearing on Trump's "Muslim Ban"

On Sept. 24, two subcommittees of the House Judiciary Committee held a joint hearing on Oversight of the Trump Administration’s Muslim Ban. A video of the full 4-hour hearing, along with copies of the prepared testimony of numerous witnesses and letters from other interested organizations are all available on the Judiciary Committee's website. [Thanks to Michael Lieberman for the lead.]

6th Circuit Refuses To Allow Congress To Intervene To Defend FGM Ban

As previously reported, after the Department of Justice dropped its appeal of the district court's decision in United States v. Nagarwala which held the federal ban on female genital mutilation (18 USC Sec. 116(a)) unconstitutional under the Commerce Clause, the House of Representatives filed a motion to intervene in the case to defend the constitutionality of the statute. The Detroit Free Press now reports that the U.S. 6th Circuit Court of Appeals last week denied the House's motion to intervene and granted the Justice Department's motion to voluntarily dismiss the appeal.

House Holds Hearing On "Do No Harm" Act

The U.S. House Education and Labor Committee held a hearing yesterday on H.R. 1450, the "Do No Harm" Act. The hearing was titled Do No Harm: Examining the Misapplication of the 'Religious Freedom Restoration Act'. A video of the full 3 hour and 45 minute hearing plus transcripts of the prepared testimony of the committee chairman and the witnesses are all available from the committee's website.   The Opening Statement by Committee Chairman Robert C. “Bobby” Scott reads in part"

The passage of RFRA was meant to re-instate a broader protection of free exercise rights. It was not meant to erode civil rights under the guise of religious freedom. Importantly, it did not change the First Amendment’s Establishment Clause, which ensures that the government cannot elevate certain religious or moral beliefs above the law.

No sooner than RFRA was enacted, the floodgates began to open and RFRA has since been used to: • Legitimize housing discrimination against single mothers and minorities, • Shield church groups from paying child abuse victims, and • Impose extreme emotional harm on schoolchildren based on their gender identity.

Since the beginning of the Trump administration, this troublesome trend has only gotten worse. On May 4th, 2017, the Trump administration issued an Executive Order, undermining RFRA’s original intent and allowing individuals to use 'conscience-based objections' to override civil rights protections....

We must pass legislation that restores RFRA’s original intent. H.R. 1450, the Do No Harm Act, would help ensure that our right to religious liberty does not threaten fundamental civil and legal rights.

Specifically, the bill would prevent RFRA from being used to deny: • Equal opportunity and protection against discriminatory laws; • Workplace protections and protections against child abuse; • Health care access, coverage, and services; and, • Contracted services.

House of Representatives Moves To Intervene To Defend Federal FGM Ban

As previously reported, last month the Department of Justice dropped its appeal of the court's decision in United States v. Nagarwala. In the case, a Michigan federal district court held the federal ban on female genital mutilation (18 USC Sec. 116(a)) unconstitutional under the Commerce Clause.  Yesterday, the House of Representatives filed a motion to intervene (full text) in the case to defend the constitutionality of the statute. The Detroit Free Press reports on this move by House leaders.

DC Circuit: House Can Exclude Secular Invocations

In Barker v. Conroy, (D Cir., April 19, 2019), the U.S. Court of Appeals for the D.C. Circuit rejected an Establishment Clause challenge to the rule in the House of Representatives that limits invocations to those that are "religious" rather than secular.  At issue was the refusal by the House Chaplain's Office to allow a former Christian who had become an atheist to serve as guest chaplain and deliver a secular invocation.  The court found plaintiff had standing to bring the suit, but, citing Supreme Court precedent, held:

Marsh and Town of Greece leave no doubt that the Supreme Court understands our nation’s longstanding legislative-prayer tradition as one that, because of its “unique history,” can be both religious and consistent with the Establishment Clause. Marsh, 463 U.S. at 791. And although the Court has warned against discriminating among religions or tolerating a pattern of prayers that proselytize or disparage certain faiths or beliefs, it has never suggested that legislatures must allow secular as well as religious prayer. In the sui generis context of legislative prayer, then, the House does not violate the Establishment Clause by limiting its opening prayer to religious prayer.

Roll Call reports on the decision. [Thanks to Jeff Pasek for the lead.]

House Holds Hearing On Hate Crimes and White Nationalism

The House Judiciary Committee today held a hearing on Hate Crimes and the Rise of White Nationalism. The full text of the prepared testimony of most of the witnesses, and a video of the full four hours of hearings are available on the committee's website.

House Passes Resolution Condemning Anti-Semitism, Islamophobia and Other Bigotry

Yesterday, the U.S. House of Representatives by a vote of 407-23 passed House Resolution 183 (full text) condemning anti-Semitism, anti-Muslim discrimination and bigotry against other minorities as contrary to the values that define the people of the United States. New York Times reports on the complicated history of the 7-page resolution, saying in part:

It started as a resolution condemning anti-Semitism. Then, anti-Muslim bias was added in. After that came white supremacy. And by the end, it cited “African-Americans, Native Americans, and other people of color, Jews, Muslims, Hindus, Sikhs, immigrants and others” victimized by bigotry.

The resolution condemning “hateful expressions of intolerance,” which passed the House by an overwhelming 407-to-23 vote Thursday afternoon, was as much a statement of Democrats’ values as their factionalism. Caught in the middle was Speaker Nancy Pelosi, who worked for days to quell the internal uproar that erupted after a freshman Democrat, Representative Ilhan Omar of Minnesota, insinuated that backers of Israel exhibit dual loyalty....

Republicans mocked its all-inclusive approach....  Some veteran Jewish Democrats, who had pushed for a measure that would solely condemn anti-Semitism, were equally dismayed.