House Dust Up Over Absence of "So Help Me God" In Oaths By Committee Witnesses

USA Today reported yesterday that Republican Louisiana Congressman Mike Johnson, new chairman of the Republican Study Committee, as well as some other Republicans, are charging that Democrats in the House are making a concerted effort to eliminate the phrase "so hep me God" when they administer oaths to committee witnesses. The charges come after incidents in the House Judiciary Committee and House Natural Resources Committee. [Thanks to Scott Mange for the lead.]

Studies Conclude Atrocities Against Rohingya Constitute Genocide

On Monday, the Public International Law and Policy Group, a global pro bono law firm, issued a 105-page report (full text) titled Documenting Atrocity Crimes Committed Against the Rohingya In Myanmar's Rakhine State. Here is an exceprt:

In March and April 2018, the Public International Law & Policy Group (PILPG), undertook an as yet unprecedented large-scale and comprehensive human rights documentation investigation mission in the refugee camps and settlement areas in Eastern Bangladesh. The purpose of this investigation mission was to provide an accurate accounting of the patterns of abuse and atrocity crimes perpetrated against the Rohingya in Myanmar’s Rakhine State and to help inform the policy decisions related to accountability in Myanmar....

Following its investigation mission, and with substantial support from an array of international attorneys and international criminal law experts, PILPG conducted a comprehensive legal analysis of the investigation’s factual findings....

The investigation mission documented a range of crimes amounting to crimes against humanity, including the particularly prevalent crimes of extermination, murder, rape and other forms of sexual violence, enslavement, forcible transfer, and persecution.... 

With regard to the crime of genocide, this Report concludes that there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar’s northern Rakhine State....

Finally, this Report concludes that there are reasonable grounds to believe that war crimes were committed in relation to abuses and violence committed against the Rohingya in northern Rakhine State.....

The U.S. Holocaust Memorial Museum, citing other studies, also issued a statement (full text) reaching a similar conclusion. Politico reports that the U.S. House of Representatives is expected to pass H. Res. 1091 expressing the sense of the House that genocide and crimes against humanity have been committed.

House Chaplain Rescinds His Resignation

CNN reports that yesterday Jesuit priest Pat Conroy rescinded his resignation as Chaplain of the U.S. House of Representatives. The resignation came initially at the request of House Speaker Paul Ryan. (See prior posting.)  A number of House members raised objections to Ryan's action, particularly when it appeared that the request was motivated in part by the desire to have a non-Catholic House Chaplain.  Ryan has accepted Conroy's decision to stay on.

House Chaplain Ousted By Speaker Ryan-- Reasons Unclear

The Hill reports that House of Representatives Chaplain Patrick Conroy has resigned under pressure to do so from House Speaker Paul Ryan.  Conroy, a Jesuit priest, had served as House Chaplain since 2011.  The reason for Conroy's ouster is unclear, and a bipartisan group of Representatives are circulating a letter asking Ryan to explain his action. Some have suggested that the firing stems from a prayer delivered by Conroy in November that could have been seen as critical of the Republican tax-cut bill then under consideration.

Marked-Up House Version of Tax Bill Includes Expanded, But Time-Limited, Partial Repeal of Johnson Amendment

The House Ways and Means Committee today during its markup of HR 1, the Tax Cuts and Jobs Act, approved an amendment (full text) that, if finally adopted, will expand the partial repeal of the Johnson Amendment that was in the original version, but will revert to the current Johnson Amendment after 5 years. (See prior posting.)  The original version would have permitted houses of worship to include political endorsement in sermons by clergy.  The amended version that now goes to the full House expands that to allow political endorsements in statements by any Section 501(c)(3) organization when the statement is made in the ordinary course of its exempt activities without incurring additional expense.  Here is the amended text of the section, marked up by me to show additions and deletions from the original HR 1:

SEC. 5201. CHURCHES 501 (c)(3) ORGANIZATIONS PERMITTED TO MAKE STATEMENTS RELATING TO POLITICAL CAMPAIGN IN ORDINARY COURSE OF RELIGIOUS SERVICES AND ACTIVITIES.

(a) IN GENERAL.—Section 501 is amended by adding at the end the following new subsection:

"(s) SPECIAL RULE RELATING TO POLITICAL CAMPAIGN STATEMENTS OF CHURCHES, INTEGRATED AUXILIARIES, ETC. ORGANIZATIONS DESCRIBED IN SUBSECTION (c)(3) —

(1) IN GENERAL.—For purposes of subsection (c)(3) and sections 170(c)(2), 2055, 2106, 2522, and 4955, an organization described in section 508(c)(1)(A) shall not fail to be treated as organized and operated exclusively for a religious purpose purpose described in subsection (c)(3), nor shall it be deemed to have participated in, or intervened in any political campaign on behalf of (or in opposition to) any candidate for public office, solely because of the content of any homily, sermon, teaching, dialectic, or other presentation made during religious services or gatherings, but only if the preparation and presentation of such content content of any statement which—

(A) is in is made in the ordinary course of the organization’s regular and customary activities in carrying out its exempt purpose, and

(B) results in the organization incurring not more than de minimis incremental expenses.

 (2) TERMINATION.—Paragraph (1) shall not apply to taxable years beginning after December 31, 2023. 

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act beginning after December 31, 2018."

[Thanks to Samuel Brunson via Religionlaw for the lead.] 

House Holds Hearing On Campus Anti-Semitism

On Nov. 7, the House Judiciary Committee held a hearing titled Examining Anti-Semitism on College Campuses.  A video of the full hearing and written transcripts of the prepared testimony of nine witnesses are available on the committee's website.  As reported by AP, following the hearing Rep. Jamie Raskin (D-MD) proposed legislation to expand Title VI of the 1964 Civil Rights Act to bar discrimination on the basis of religion by programs receiving federal financial assistance.  Currently Title VI only bars discrimination on the basis of race, color or national origin.

Republican Tax Bill Would End Johnson Amendment Ban On Partisan Sermons

As reported by CBS, House Republicans yesterday released their proposed tax reduction plan.  The bill (full text) titled "Tax Cuts and Jobs Act" includes a limited change in the Johnson Amendment that would allow sermons that endorse specific candidates. The Johnson Amendment prohibits Section 501(c)(3) non-profits from participating in partisan political campaigns.  Yesterday's proposal (Sec. 5201) would provide a limited exceptions to that ban as it applies to churches (and their integrated auxiliaries and conventions and associations of churches).  Here is the relevant portion of the proposed language in the bill:

... an organization described in section 508(c)(1)(A) shall not fail to be treated as organized and operated exclusively for a religious purpose, nor shall it be deemed to have participated in, or intervened in any political campaign on behalf of (or in opposition to) any candidate for public office, solely because of the content of any homily, sermon, teaching, dialectic, or other presentation made during religious services or gatherings, but only if the preparation and presentation of such content— (A) is in the ordinary course of the organization’s regular and customary activities in carrying out its exempt purpose, and (B) results in the organization incurring not more than de minimis incremental expenses.

House of Representatives Ban On Secular Invocations Is Constitutional

In Barker v. Conroy, (D DC, Oct. 11, 2017), the D.C. federal district court rejected challenges to rules of the U.S. House of Representatives which do not allow an atheist to deliver a secular invocation as a guest chaplain. Plaintiff who is co-president of the Freedom From Religion Foundation challenged the practice after his request for inclusion as a guest chaplain was denied.  The court rejected plaintiff's Establishment Clause, Equal Protection Clause and RFRA  claims, saying in part:

Despite Mr. Barker’s repeated attempts to characterize his claims as not challenging the constitutionality of legislative prayer, the reality is that his request to open the House with a secular invocation, which resulted in the denial of his request to serve as a guest chaplain, was a challenge to the ability of Congress to open with a prayer...

The court also rejected a claim that the policy violates the constitutional prohibition on religious tests for any "office or public trust under the United States," concluding that the position of guest chaplain is not an office or position of public trust.

House Holds Hearings on International Religious Freedom

The House Oversight and Government Reform Committee this morning held hearings on The U.S. Government's Role in Protecting International Religious Freedom.  The prepared testimony of four witnesses who testified is available on the Committee's website.

Congressional Commission Holds Hearings on Countering Religious Violence

On May 24, the U.S. House of Representatives Tom Lantos Human Rights Commission held a hearing on Freedom of Belief: Countering Religious Violence.  A video of the hearing and transcripts of prepared remarks of members and witnesses are available on the Committee's website.