Florida Schools Assign Genesis

Courts have permitted schools to teach the Bible as literature. The South Florida Sun-Sentinel reports today that two high schools in Boca Raton, Florida have assigned the book of Genesis (or parts of it) to all 11th-graders as summer reading. The assignment is supposed to prepare students for allusions in much of the American literature that they will study next year. Students in Advanced Placement and Honors classes have other reading assignments over the summer as well. For students in regular English courses, their only assignment is from Genesis. Some parents question whether the assignment violates principles of separation of church and state. School officials say that they will offer alternative assignments where parents object to the reading. They also say that students who do not own a Bible can read the assignment on the Web.

Religious Affirmative Action in Indian University

A debate is raging in India on religious affirmative action in universities. Aligarh Muslim University has reserved 50% of its seats for Muslims in 43 of its 289 courses. The controversial move is supported by the Indian government. Yesterday the University's vice chancellor defended the legality of the program under Article 30 of the Indian Constitution that protects minority educational institutions, according to a report in the Deccan Herald. Today, the Students Islamic Organization of India gave a more detailed legal defense of the policy according to a report in the New India Press.

Wisconsin Prison Sued Over Treatment of Muslim Visitor

In Wisconsin, a Muslim woman, Cynthia Rhouni, is suing prison authorities. Male prison guards at a Wisconsin maximum security facility required her to remove her headscarf (hijab) before she was permitted to visit her estranged husband who was being held in the prison facility. New York Newsday reported yesterday on the suit which charges a violation of Rhouni's constitutional right to free exercise of religion. She is being represented by the Wisconsin Civil Liberties Union. The full complaint describes at length the circumstances of Rhouni's prison visit and the impact of the events upon her.

Indiana Appeal of Order Prohibiting Raising of Child as Wiccan

In Indianapolis, Indiana, an unusual joint custody decree is being appealed. In granting a divorce to a couple, both of whom are Wiccans, a judge prohibited either parent from exposing their child to "non-mainstream religious beliefs and rituals". The Indy Star reports today that even though both parents objected to the order, the court entered it after reading the report of the Domestic Relations Counseling Bureau. Represented by the Indiana Civil Liberties Union, the father, who has organized Pagan Pride Day in Indianapolis, is asking the state court of appeals to strike the provision in the divorce decree. He claims that it infringes on the parents' right to control the religious education of their child. Unlike more typical divorce cases in which parents disagree about the religious training of their child, here the order was issued without either parent requesting it.

In Scotland-- Religious Discrimination Suit Against Catholic School

The Scottish press today is reporting on a discrimination case against a Catholic high school under way in an Employment Tribunal in Glasgow. Suing under a 2003 law that bans religious discrimination, a math teacher is protesting the school's refusal to consider him for a position as principal teacher of pastoral care because he is an atheist. Apparently Catholics who send their own children to non-religious schools and Catholics who are divorced and remarried are also denied approval for these kinds of positions in the school.

Viet Nam Continues to Persecute Protestants

Despite a suggestion at the beginning of this month that Viet Nam was liberalizing its treatment of Protestant groups (see prior posting), Radio Free Asia today carried a long report from three provinces on harassment and beatings of Protestants as well as attempts to force them to renounce their beliefs. Viet Nam remains listed by the United States as a "country of particular concern" on issues of religious freedom (see prior posting).

UPDATE 5/26/05: Vietnamese Foreign Ministry defends religious rights situation in Viet Nam after critical 2005 Amnesty International Report.

Italians Reinstate Defamation Claim Against Author by Muslim Activist

The conservative news and opinion blog Pardon My English today has a posting on reports of Italian authorities ordering author and journalist Oriana Fallaci to stand trial for defamation of Islam. The suit grows out of her 2004 book "La Forza della Ragione" (The Force of Reason). Prosecutors had originally dropped the charges on free speech grounds, but a local preliminary judge has reinstated the suit that was brought by Adel Smith, a high-profile Muslim activist. (See earlier posting about Smith).

Controversial Jurist Rejected As Amicus in Evolution Case

The Columbus ,GA Ledger Enquirer reported yesterday on the rejection of an amicus brief in an 11th Circuit Court of Appeals case raising the constitutionality of evolution-disclaimer stickers on school textbooks. Former Alabama Chief Justice Roy Moore, who gained notoriety in his attempt to place a large Ten Commandments monument in the Alabama Supreme Court building, filed a brief along with the Foundation for Moral Law (full text of brief). In an opinion dated May 20 in Selman v. Cobb County School Dist., Acting 11th Circuit Judge William Pryor rejected the brief. He said that its arguments were irrelevant because they asked the Court of Appeals to overrule Supreme Court precedent. Several amicus briefs from others were accepted.

Judge Pryor has himself been the subject of controversy. He is currently sitting on the Court by reason of a recess appointment made by President Bush last year when Pryor’s confirmation was filibustered by Democrats. Pryor's nomination has been resubmitted to the Senate, and is likely to be confirmed now that a compromise on judicial appointments has been reached by Senators.

In response to the rejection, Moore said it demonstrated "clear contempt for the text of the Constitution".

Recent Law Review Articles on Church-State

Among recently published Law Review Articles indexed by SmartCILP are:

South Dakota Prof. Patrick M. Garry's, The Myth of Separation: America's Historical Experience With Church and State. 33 Hofstra L. Rev. 475-500 (2004).

Adam M. Smith, The Perplexities of Promoting Religious Freedom Through International Law. (Reviewing Robert Drinan, Can God and Caesar Coexist? Balancing Religious Freedom and International Law.) 30 N.C. J. Int'l L. & Com. Reg. 733-757 (2005).

Court Refuses to Dismiss Catholic School Teacher's Claim

In a decision that became available today, Lazor v. Catholic Elementary School Sys. of Diocese of Bridgeport, 2005 Conn. Super. LEXIS 1145 (April 29, 2005), the court rejected a Catholic school's claim that the First Amendment precludes the court from proceeding with a teacher's breach of contract and wrongful termination claim. When the Pope requested that Catholics fast and pray for peace, teachers were asked to have their students write President Bush to support a peaceful resolution of the conflict in Iraq. Teacher Bonnie Lazor refused to assign this unless students had parental consent. She was fired.

Defendants invoke the "ministerial exception": where the reason for a discharge implicates religious teachings of the employer, the First Amendment precludes courts from interfering. The court held that while it cannot become entangled in theological disputes, here the dispute would not involve the court in determining the validity of religious principles. Instead the question is what was the real basis for Lazor's dismissal and whether proper procedures were followed in dismissing her.

Council Vote Against Christian Services Brings Recall Effort

The Detroit Metro Times reports this morning on an effort in Troy, Michigan to recall the mayor and mayor pro-tem because of their votes earlier this year to prevent the use of city property for a Christian-only religious service. While Troy city council eventually approved a Christian National Day of Prayer Service that was held on May 5, the newly-formed Troy Committee to Protect Free Speech is now trying to show their displeasure with those who voted against it. Mayor Louise Schilling explained her vote, saying, “It is not the role of elected officials to promote any one group or religion above another.”

US House Calls on Romania to Compensate Religious Groups

Yesterday, the U.S. House of Representatives passed H. Res. 191 "urging the government of Romania to recognize its responsibilities to provide equitable, prompt, and fair restitution to all religious communities for property confiscated by the former Communist government in Romania." The lengthy resolution sets out the history of confiscation of property from religious communities and calls upon the government of Romania to undertake a number of specific legal steps to implement its responsibilities.

AZ Takes First Step Against FLDS

The Fundamentalist Church of Jesus Christ of Latter Day Saints has posed a host of problems for state officials in Arizona, Utah and west Texas. As discussed in a prior posting, the group practices polygamy and is suspected of sexual exploitation, domestic violence, and welfare and tax fraud. An editorial in today's Arizona Republic points out that the Arizona legislature has recently dealt with one aspect of the FLDS problem. It enacted House Bill 2417 which permits the state to place the Colorado City school district into receivership for insolvency or for gross financial mismanagement. The school district, largely controlled by Church officials, owes $1.5 million to the Arizona School Risk Retention Trust. As pointed out in the earlier posting, authorities claim that school payrolls have been padded with jobs for Church members. Also the district purchased an airplane even though it was unable to meet obligations for teachers' salaries.

The editorial calls for additional action against FLDS, calling it "a cult [that] uses the trappings of religion to exercise complete control over its followers."

New Article on SSRN on Faith Based Initiative

George Washington University Law Professors Ira C. Lupu and Robert W. Tuttle have posted a new article on SSRN titled The Faith-Based Initiative and the Constitution. The paper, which will appear in Vol. 55, No. 1 of the DePaul Law Review discusses many of the constitutional issues raised by President Bush's Faith Based and Community Initiative.

New University Press Books of Interest

In June, Princeton University Press is publishing a new book by Winnifred Fallers Sullivan, Dean of Students at the University of Chicago Divinity School. The book is titled The Impossibility of Religious Freedom. In it she claims that the idea of religious freedom has become a force for intolerance in American society. She builds on her experience as an expert witness in a case involving the placement of religious markers in a city-owned burial ground in Boca Raton, Florida.

Harvard University Press has published a new book edited by Mary Jo Bane, Brent Coffin and Richard Higgins, titled Taking Faith Seriously. It uses nine case studies to show the impact of religion on civic life.

Harvard University Press has also published Michael Ruse's new book, The Evolution-Creation Struggle. He traces the long struggle between opposing ideologies and finds similarities in the evangelical attitudes of evolutionists and fundamentalists who oppose them.

Amish Custody Suit Raises Parental Religious Rights Issue

An unusual fight in the Iowa courts over custody of a 14-moth old girl is the subject of an article in today's Waterloo Cedar Falls Courier. The child was born out of wedlock to an Amish woman. The child's father is a non-Amish businessman. The mother is seeking sole custody so that the child can be raised in the Amish life style. She claims that it would be frightening and confusing for the child to be exposed to both Amish and English cultures. Arguing against the child's father sharing in custody, the mother says, "His church is different --- they sing different songs." The court faces the question of whether the "best interest of the child" calls for limiting the the rights of the father to be involved in his child's religious instruction.

Uzbeki Backlash Against Churches

After the massive casualties earlier this month in clashes between Uzbekistan troops and protesters, today Forum 18 reports that religious organizations have fallen under suspicion. In a number of cities, Uzbeki officials have visited Protestant churches to find out who attends and have taken church documents. However, Uzbekistan's President sees his main challenge as coming from Hizb-ut-Tahrir, a group whose goal is unite Muslims of the world into a single Caliphate.

Iraq's Yedizi Seek Constitutional Protection

Middle East Online reports today on efforts of the minority Yedizi community in Iraq to obtain protection through Iraq's new constitution. The Yedizis, who have historically been discriminated against, are a pre-Islamic religion that does not believe in heaven or hell and worships Satan. The Yedizi community, which is Kurdish, is found largely in Mosul and in the Sinjar Mountains near Syria. Three Yedizis were recently elected to Iraq's parliament as part of the Kurdish Alliance.

Religious Song Excluded From School Talent Show

Earlier this month, Frenchtown, New Jersey school officials refused to permit a second grader to sing "Awesome God" at her elementary school's talent show. The superintendent argued that the religious content of the song made it inappropriate. Over the weekend, the AP reported on a lawsuit filed in federal court on behalf of the student by the Alliance Defense Fund. The suit charged that the girl's free speech and due process rights were infringed. The judge refused to issue a temporary restraining order to permit the girl to participate in the show that was held last Friday. However, the court said that the suit could continue. The student's attorney pointed out that one of the acts that would be in the show was based on the opening scene in Macbeth. He complained, "They've got a scene about boiling animals and witchcraft, but they won't allow a song about God."

Commentary: Thinking About the Upcoming Ten Commandments Decision

First Amendment lawyers await the highlight of the Supreme Court's current term-- the decision on when, if ever, the Ten Commandments can be posted or planted on public property. In 2003, Human Events published a fascinating photo essay showing photos of varying of depictions of the Ten Commandments on federal buildings in Washington, DC. What got me thinking was the fact that in some of these depictions, the tablets have only the Roman numerals I through X on them. Are these subject to the same rules as tablets which carry actual text? An 11th Circuit case, King v. Richmond County, decided in 2003, found that the use of only Roman numerals made it less likely that the depiction of the Ten Commandments on a court clerk's seal had the effect of promoting or endorsing religion. However, this was treated as only one of many relevant factors.

Lawyers also are speculating on just when between now and the end of June the Court will hand down its decision. Any chance it will be on June 13 or 14? That is the Jewish holiday of Shavuot, which commemorates the giving of the Ten Commandments to Moses at Mt. Sinai. Do the Justices really have that exquisite a sense of timing?

By the way, the parties' briefs to the Supreme Court in both Van Orden and the McCreary County cases are available online.

NYT Magazine Features Sen. Rick Santorum

The New York Times Magazine this morning carries a picture of Senator Rick Santorum on its cover and features a long article profiling him. Santorum is a leading proponent of funding faith-based social services. His conservative Catholic beliefs strongly influence the policies he promotes. Michael Sokolove, the author of the article, contrasts Santorum's views with those of President John F. Kennedy who supported clear separation of church and state: "It is fair to say that Santorum believes in a more complementary relationship between church and state-- respective jurisdictions, yes, but with many more bridges and emissaries connecting them."

Rural La. Attitudes Toward ACLU and School Practices Explored

Attitudes in rural Louisiana about religion and schools are the subject of an article in today's Tuscaloosa News. The 5th Circuit is presently considering an appeal of a judgment obtained by the ACLU against the Tangipahoa Parish school board (see prior related posting). It enjoined the board from opening its meetings with a lengthy prayer that mentions Jesus. The article quotes an influential evangelical preacher who heads a church outside of New Orleans, Rev. Louis Husser, as saying: "The ACLU defends pedophiles. You have to understand where they're coming from."

The article also reports that some fundamentalist parents are upset over a thumbprint machine used in one high school to identify students. They believe it is a forerunner of the Antichrist. Again, Rev. Husser is outspoken: "We know that there are electronic devices that will be used in the End-Time by the Antichrist. Some feel that this is leading into some of the tactics of the Antichrist, which is a cashless system."

CLS Input on Next Supreme Court Nominee

American United's Wall of Separation blog carried an interesting posting yesterday on the White House's preparations for selecting the next US Supreme Court nominee. It discusses input to the White House from the Christian Legal Society whose top candidate for the post is 10th Circuit Court of Appeals Judge Michael W. McConnell. McConnell is known for supporting school vouchers, school prayer and more religious involvement in government. The second and third choices of the Christian Legal Society are Judge Edith Jones (5th Circuit) and Judge Samuel Alito (3rd Circuit).

Religion Classes Being Largely Removed From Algerian High Schools

In Algeria, Islamic conservatives are opposing a decision of the education minister to remove Islamic studies as a requirement in high schools. According to a Reuters report today, the curriculum change is part of an attempt to modernize schools and reduce unemployment. Islamic studies would remain a minor course in some specialties, and would be an elective for students at the university level. The government's move is seen as reducing the influence of Islamists on an increasingly Westernized society in Algeria.

President At Natl. Catholic Prayer Breakfast

President Bush spoke at Friday's second annual National Catholic Prayer Breakfast. Over 1600 people, including 14 members of Congress, attended. The Washington Post reports today that the breakfast is modeled on the Protestant prayer breakfast that has been led by members of Congress for over 50 years. It is part of a growing number of religious events designed to attract participation by public officials. The Post reports that at these event, public officials "have become adept at at finessing the rituals of other faiths -- such as when Bush, a Methodist, shuffled his papers yesterday while others crossed themselves."

In his remarks at the event (full text), the President said: "This morning we first thank God for the shared blessings of American liberty. Catholics have always known that a society built on respect for the religious beliefs of others would be a land where they could achieve and prosper." Praising the recently-elected Pope Benedict XVI, Bush said: "Catholics and non-Catholics alike can take heart in the man who sits on the chair of St. Peter, because he speaks with affection about the American model of liberty rooted in moral conviction."

New Cambridge Press Publications on Church-State

Cambridge University Press has announced the publication of a new book by Cardozo Law School Professor Marci A. Hamilton, titled God vs. the Gavel: Religion and the Rule of Law. The publisher describes the book as a challenge to "the pervasive assumption that all religious conduct deserves constitutional protection." The description continues: "While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s."

On SSRN, Prof. Daniel O. Conkle, Indiana University Law Schoool, has posted Indirect Funding and the Establishment Clause: Rehnquist's Triumphant Vision of Neutrality and Private Choice , which will appear as a chapter in a new Cambridge University Press book, The Rehnquist Legacy.

ACLU Challenges School's Denial of Excused Absence for Religious Activity

The Merriville Indiana Post Tribune reports today on a law suit by the Indiana Civil Liberties Union against Indiana's Tri-Creek school district attacking the school's excused absence policy. The suit was filed on behalf of the parent of a middle-school student. The student, a member of the United Church of God, attended the church's Festival of the Holy Days. His school issued him 5 unexcused absences and informed his parents that one more unexcused absence could result in his losing class credit or being expelled. The suit seeks to require the school board to change its policy to expand the availability of excused absences. Currently only illness, death of a family member and court appearances are eligible. The suit also asks that the student be permitted to make up work missed during his absences.

Vt. Limits On Vanity Plates Challenged

Agape Press reported yesterday on a lawsuit filed by the Alliance Defense Fund challenging the restrictions that Vermont places on the types of "Vanity" license plates it will issue. The suit was filed on behalf of Shawn Byrne who had applied for a license plate reading "John316". The reference is to a verse in the New Testament reading: "For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life." Vermont statutes (Title 7, Sec. 304(d)) require the Department of Motor Vehicles to refuse to issue plates with numbers and letters that refer to race, religion, color, deity, ethnic heritage, gender, sexual orientation, disability status, or political affiliation. The lawsuit claims that it is unconstitutional to categorize such religious references as offensive.

Russian Religious Discrimination Alleged

Radio Free Europe reports today on a statement by human rights activists meeting in Moscow criticizing Russia's treatment of religious groups other than the Russian Orthodox Church. Pointing to growing signs of intolerance, they allege that law-enforcement officials make it difficult for minority religious groups to find locations for their houses of worship and that visas are increasingly being denied to foreign representatives of religious groups. Synagogues and Baptist churches have been vandalized. Only the Russian Orthodox Church received government funding for church buildings. There is also growing anti-Islamic feelings, stemming largely from the conflict in Chechnya.

Conyers To Introduce Resolution Supporting Respect for Koran

Townhall Newswire reports today that Michigan Congressman John Conyers will introduce a resolution in Congress encouraging that the Koran, like the holy books of other religions, "be treated with dignity and respect". The resolution goes on to condemn bigotry and intolerance against any religious group, including Muslims. This resolution and a new "Explore the Quran" campaign by the Council on Islamic-American Relations come in response to a May 9 Newsweek report (now retracted) alleging that US interrogators at Guantanamo Bay had flushed a copy of the Koran down a toilet to "rattle" Muslim detainees who were being questioned.

Graduation In Church Continues Despite Judge's Doubts About Constitutionality

Florida Today reports that a Florida Federal District Court yesterday denied a temporary restraining order to Brevard County high school parents who object to the location of today's graduation ceremonies. Four schools have scheduled their graduations for Calvary Chapel, arguing that it is the only indoor facility that can seat the expected audience of 3,500. Other articles pointed out that alternative locations available would not have been handicap accessible.

However, Middle District of Florida Judge Gregory Presnell was not happy with the choice of locations. Rather, he said that even though the ceremonies probably violate the constitution, it would be too disruptive to move them on such short notice. During the hearing the schools agreed to two changes in their plans: diplomas will be handed out at the side of the stage so that the church's cross will not be in graduation pictures, and the graduation program will carry a disclaimer explaining that the ceremonies are intended as secular events.

The director of Americans United for Separation of Church and State that filed the suit on behalf of the parents was quoted earlier by the Daily Review as saying: “This kind of symbolic joining of government and religion makes some families feel like they’re second-class citizens in their own communities, and that should never happen.”

"Fresh Air's" Debate on Separation of Church and State

An extensive debate on the separation of church and state was featured yesterday on National Public Radio on Terry Gross' program Fresh Air. The full audio of 20-minute interviews with two authors on opposing sides of the issue are available online. Arguing for greater involvement of religion with government was D. James Kennedy, head of the Statesman Institute which furnishes public officials with resources to integrate biblical principles into lawmaking. On the other side, defending separationism was Frederick Clarkson, author of Eternal Hostility: The Struggle Between Theocracy And Democracy.

British Barrister To Criticize Proposed Religious Hatred Bill

The British online newspaper, Telegraph.co.uk, carried an interesting report of the Margaret Howard Memorial Lecture to be delivered today at Oxford by barrister David Pannick, QC. Pannick will strongly criticize the Religious Hatred bill proposed in the Queen's speech earlier this week (see prior post). Pannick will argue that race and religion should be treated differently. Race, he argues, is an immutable characteristic, but religious belief is voluntarily chosen. He will say: "Unlike racial groups, religions usually make claims about how society should be run. Religious beliefs have a significant impact on the way adherents treat each other and strongly influence how society is organised. Critical comments on religious beliefs may serve a valuable function in identifying and remedying abuse of power." He fears that the new bill will chill speech by novelists, playwrights and comedians who often engage in irreverent criticism.

ACLU Sues For Religious Rights On Behalf of Detained Sikh Refugee

The ACLU in San Francisco announced today a suit filed on behalf of Harpal Singh Cheema, a Sikh who fled to the United States seeking asylum from persecution in India. Cheema's asylum claim has been wending its way through administrative and judicial hearings for many years. Immigration authorities placed Cheema in custody pending action on his asylum application. In 2002, he was transferred to the Yuba County Jail. Jail authorities have refused to allow Cheema to leave his bed wearing his turban, even though a central tenet of his religion is keeping his head covered. In the full complaint, the ACLU alleges that this violates Mr. Cheema's federal and state constitutional rights to free exercise of religion as well as the federal Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act.

Church-State Separation Urged Internationally

According to a report today by Ecumenical News International, delegates to this year's conference of Liberal International (an association of liberal political parties from around the world) have expressed concern about the failure of many countries to implement the separation of church and state. The May 14 resolution of the conference described freedom of belief and state neutrality toward religion as the targets of fundamentalist terrorism.

Bush Urged to Raise Issue of Religious Freedom for Egyptian Copts

US Newswire reports today that the U.S. Copts Association has urged President Bush to raise the issue of Egyptian Christian human rights with the prime minister of Egypt when Bush meets him today. In a letter (full text) to President Bush and an ad in the Washington Times signed by Coptic leaders around the world the Association claimed that the Egyptian government endorses kidnapping and forced conversion of young Coptic women, and destruction of Christian villages and houses of worship.

Good News Clubs Challenge Schools' Discriminatory Fees

Last week (May 12) Liberty Counsel announced that it had filed a law suit against a California school district on behalf of Child Evangelism Fellowship (CEF). CEF sponsors the Good News Clubs, after-school elementary school religious groups. The Chico Unified School District insisted that the Good News Clubs pay a fee to cover the direct costs of using school facilities after school hours, while not charging that fee to non-religious groups such as the scouts and the 4-H clubs. A report yesterday from Agape Press quotes CEF's attorney as saying that the school's discriminatory fee policy is unconstitutional. He describes as "absolutely ludicrous" the school board's position that it is required to charge a fee to religious groups in order to avoid promoting religion.

Turkey's Ban on Muslim Headscarfs Before Human Rights Court

ADN Krononos International today that the European Court of Human Rights Great Chamber has begun hearing arguments today in an appeal challenging Turkey's law that prohibits Muslim women from wearing headscarfs in Turkish universities. The student challenging the law was dismissed from Istanbul University's Faculty of Medicine for refusing to remove her headscarf. The University claims that the ban is designed to prevent religious fundamentalists from pressuring other students. The lower court had upheld the law as consistent with Turkey's secular constitution. The student's lawyers will argue that the law violates Article 9 of the European Convention on Human Rights that protects religious freedom. Turkey, however, will point to the provisions in Article 9 that permit states to limit freedom of religion and expression to protect the "public order" and the "rights and freedoms of others".

Government Funds Faith-Based Juvenile Correction Programs

Fox News reported yesterday on the country's first group of federally-funded faith-based halfway houses and mentoring programs for juvenile offenders. The idea is being tested at six detention facilities across Florida. The offenders study the Bible and join in organized prayer as part of their correctional program. While the curriculum is Christian, offenders are linked with volunteer mentors of all faiths who work with the juveniles for a year after they are released. Critics of the program argue that it has crossed the line into prohibited government financing of religious teaching.

WI Considers Protection of Pharmacists Who Refuse To Fill Birth Control RX's

The Wisconsin legislature held hearings yesterday on a proposed law to protect pharmacists who refuse on religious grounds to fill prescriptions for birth control pills or emergency contraception. The Twin Cities Pioneer Press reporting today on the hearings says that last month the Wisconsin pharmacy board reprimanded a pharmacist who refused to transfer a college student's birth control prescription. (See related prior post on Illinois). Four other states already have protections like those being considered in Wisconsin. Opponents say the bill would deny women access to contraceptives prescribed by their doctors.

11th Circuit: Prison May Refuse To Allow Shoes to Be Removed In Chapel

The US Eleventh Circuit Court of Appeals on May 13 upheld the dismissal of a Florida prisoner's Free Exercise of religion claim. In Williams v. Sec'y. for Dept. Corr. the court found that "the prison's policy of prohibiting Williams from removing his shoes before entering the prison chapel was reasonably related to the legitimate penological objective of maintaining safety and security."

Is Indian Government Planning To Expropriate Hindu Temples?

A puzzling report showed up today on the website of the Press Trust of India. The story says that the United Progressive Alliance government of India has proposed to a committee of Parliament that the government acquire all Hindu temples in the country. Supposedly the government is also planning to tax the earnings of temples and charitable institutions. The head of Vishwa Hindu Parishad , a Hindu social service and educational organization, claims that "this is a conspiracy to destroy Hindu institutions". In a number of Indian states, temples are already under government control. The head of VHP said that in those states, priests were being underpaid and governments were misappropriating temple money.

ACLU Challenges Federally Funded Abstinence Program

Yesterday the ACLU announced that it has filed suit in federal district court in Massachusetts against the US Department of Health and Human Services challenging federal funding of an abstinence program known as the Silver Ring Thing. Funded with over $1 million in federal grant money during the past three years, the program describes itself as "offering a personal relationship with Jesus Christ as the best way to live a sexually pure life." The director of the Massachusetts ACLU claimed that the funding here amounted to federal underwriting of "religious indoctrination" in violation of the Establishment Clause. In its full complaint, the ACLU says that the three-hour multi-media presentation featured by the Silver Ring Thing is "permeated with religion", and that its 12-step follow-up program is also "highly religious". Further information on the lawsuit can be found in a report in today's Medical News Today.

Religious Hatred Bill Proposed Again In Britain

In Great Britain today, the Queen's Speech to Parliament (full text) which sets out the Labour Government's legislative program included the Incitement to Religious Hatred Bill. The proposed legislation would prohibit stirring up hatred against individuals because of their religion. According to a report in this morning's Scotsman, this is the third time the government has attempted to obtain this type of legislation. Previous attempts have foundered on free speech concerns. The bill is seen as particularly protecting Britain's Muslim population. Jews and Sikhs are already protected under special racial hatred laws.

7th Circuit Seeks Clarification on Prison's Exclusion of Religious Faction

The US Seventh Circuit Court of Appeals yesterday sent back to the district court for further proceedings a claim by prisoners that their religious rights were being violated when Indiana prison officials excluded a faction of the Moorish Science Temple of America from entering the prison to conduct services. The prison's superintendent had excluded the group "until such time as your problems have been resolved to my satisfaction and that of [persons in the parent organization]".

In Easley-El v. Ridley-Turner the 7th Circuit said: "Plaintiffs and their chosen spiritual guides are entitled to know what they must demonstrate before the prison will permit services to be held, and the district court then must determine whether the prison's conditions are valid." The record was unclear as to whether prison officials were taking sides in a theological dispute within the religious organization, or were concerned with legitimate issues about the conduct of the religious organization or the number of inmates interested in it.

The Moorish Science Temple of America teaches that all Blacks are descendants of the Moors and advocates that African-Americans return to Islam.

School Board Challengers Want Intelligent Design in Humanities, Not Biology

The New York Times reports on a primary election for school board today in Dover, Pennsylvania which focuses on the teaching of "intelligent design" as an alternative to the theory of evolution. Last fall the Dover school board approved a policy calling for reading to biology students a disclaimer stating that the theory of evolution "is not a fact" and urging students "to keep an open mind". The statement also calls students' attention to the book, Of Pandas and People. Students may leave class when the required disclaimer is read.

A slate of 7 candidates is opposing the current school board that adopted this policy. The primary winners are likely to run unopposed in the fall. The challengers are not proposing that intelligent design be removed from the schools. Instead they are calling for it to be taught in humanities class as a religious concept, instead of in biology. This might in fact lead to intelligent design being given more attention than currently. However, the current board insists that intelligent design be taught in the same course that teaches evolution.

Al Qaeda: Sunni Doctrine Precludes Participation in Iraq Constitution-Drafting

According to a Reuters story carried in today's Khaleej Times, Iraq's Al-Qaeda issued a statement yesterday calling on Sunnni Muslims to reject US proposals for them to participate in drafting Iraq's new constitution. The statement said: "Would anyone draft the constitution other than those who do not believe in God’s book.... Our Sunni faith stipulates that the sword and bullets be the only dialogue between us and worshippers of the cross."

Partnership Between Public and Jesuit Colleges Raises Questions

The Las Vegas Business Press reported yesterday on an unusual arrangement between colleges that raises First Amendment questions. Community College of Southern Nevada, part of the state university system, entered a lengthy memorandum of understanding with Denver-based Regis University, a Jesuit college. Under the new arrangements, students can earn a 2-year associate's degree at CCSN and then complete their bachelor's degree through Regis which will teach in both CCSN and Regis classrooms. Students will be required to take at least 6 hours of religious studies to obtain their Regis degree. Some of these classes will be offered in CCSN classrooms.

Critics of the program suggest that this is in reality a sharing of facilities between a public and a religiously-sponsored university which poses establishment clause problems if below-market rent for use of CCSN classrooms effectively subsidizes Regis' program. Regis says it has 46 similar public-private partnerships throughout the country.

Israeli Cabinet Transfers Authority Over Complaints Against Rabbis

The complex relationships between religion and government in Israel have taken another labyrinthine turn. Israel's 1971 Jewish Religious Services Law gave administrative jurisdiction over municipal rabbis to the Religious Affairs Minister. In 2004, the Religious Affairs Ministry was dismantled and its duties were split between the Prime Minister's office, the Interior Ministry and the Ministry of Tourism. The Prime Minister's Office got the jurisdiction to submit complaints against municipal rabbis to administrative tribunals. Now the government is concerned about statements by some rabbis directed against the Prime Minister because of his Gaza withdrawal plan. To eliminate any potential conflict of interest in complaints filed against such rabbis, the Israeli Cabinet announced yesterday (see Par. 4) that it was transferring to the Justice Minister the authority to submit these complaints to administrative tribunals. This decision will be submitted to the Knesset for approval.

In another action yesterday (see Par. 3), the Israeli Cabinet transfer the issue of conversions that are not Jewish conversions from the Prime Minister's Office to the Justice Minister.

Promise Keepers Use of Razorback Stadium Opposed

Controversy is brewing at the University of Arkansas campus in Fayetteville over a planned rally at the University's Razorback Stadium by the Promise Keepers. The Northwest Arkansas Times reports today that the planned June 10-11 event is being opposed by a coalition made up of NOW, the Washington County Green Party and the OMNI Center for Peace, Justice and Ecology. A spokesman said: "They’re calling on all people to be disciples of Jesus. If they were in their church, we wouldn’t have any problem with that. But they are on a public athletic field, and we think that this is inappropriate for the University of Arkansas."

The Promise Keepers' views of women, as well as its Christian message, are the focus of those who oppose the use of University facilities by the group. They object that the rally will send the wrong message from a university dedicated to diversity.

New Church-State Research on SSRN

New scholarship recently posted on SSRN includes:

Michigan State Professor Frank S. Ravitch's new article, Religious Objects as Legal Subjects, which will appear in Vol. 40 of Wake Forest Law Review.

University of St. Thomas Professor Gregory C. Sisk's new article, How Traditional and Minority Religions Fare in the Courts: Empirical Evidence From Religious Liberty Cases , which will appear in a forthcoming issue of the University of Colorado Law Review.

Analysis: The Lambeth Case on "In God We Trust"

As I noted in yesterday's posting, the Fourth Circuit in the Lambeth case has rejected an Establishment Clause challenge to the inscription “In God We Trust” on the a building housing county courts and offices in Lexington, NC. The court’s approach was fairly standard: it applied the 3-prong test of Lemon v. Kurtzman. However, the case demonstrates how little it now takes to satisfy the first prong of that test, that there be a “secular purpose” behind the statute.

The Court emphasized that the secular purpose need not be the predominant purpose. All that is needed is “a” legitimate secular purpose. It said: “the demonstration of such a legitimate secular purpose is "a fairly low hurdle."…. Indeed, we will deem the first prong of the Lemon test to be contravened "only if [the action] is ‘entirely motivated by a purpose to advance religion.’" …. A legitimate secular purpose is thus sufficient to pass muster… unless the alleged secular purpose is in fact pretextual….”

As press reports from the AP note this morning, in 2002 the cost of the inscription was paid for by donations from individuals and churches. The 4th Circuit’s opinion itself noted: “The Complaint alleges that Board members, and members of the public as well, "emphasized" at the Board meeting the religious nature of the phrase "In God We Trust"…. [O]ne Board member observed that voting against the installation of the display would be perceived by the public as a vote against God. [T]he Complaint also alleges that "the fact that these words are also the national motto was mentioned but not emphasized at the meeting at which defendant authorized the display."”

The 4th Circuit may have correctly summarized the current state of the law, but if that is so, is there anything left to the “secular purpose” requirement of Lemon?

Chicago Prof Warns of US Trend In Religious Thought

Today's New York Times Book Review section carries an essay titled Church Meets State by University of Chicago Professor Mark Lilla . In it, he discusses the understanding of religious psychology held by the Founding Fathers of the United States . He says: "The British and Americans made two wagers. The first was that religious sects, if they were guaranteed liberty, would grow attached to liberal democracy and obey its norms. The second was that entering the public square would liberalize them doctrinally, that they would become less credulous and dogmatic, more sober and rational. " He goes on to argue that today, religion in the United States, and especially Protestantism, is moving in the opposite direction.

He concludes: "The fascination with the ''end times,'' the belief in personal (and self-serving) miracles, the ignorance of basic science and history, the demonization of popular culture, the censoring of textbooks, the separatist instincts of the home-schooling movement -- all these developments are far more worrying in the long term than the loss of a few Congressional seats. No one can know how long this dumbing-down of American religion will persist. But so long as it does, citizens should probably be more vigilant about policing the public square, not less so."

Arguments Scheduled in Florida State Constitution School Choice Challenge

Now that the US Supreme court has settled the question of the constitutionality of school vouchers under the federal Constitution, the battle has moved to state courts. The Tallahassee Democrat carries an op-ed piece this morning discussing a case to be heard June 9 by the Florida Supreme Court. With Opportunity Scholarships, parents of children in failing public schools can transfer their children to private schools, including religious ones. The case uses the Florida state Constitution to challenge Florida's Opportunity Scholarship program.

Like many other states, Florida's Constitution contains a so-called "Blaine Amendment" providing that "No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution." The op-ed points out that other Florida programs will also be impacted by any decision, including a new pre-kindergarten program that will offer religious as well as non-religious options.

4th Circuit Upholds "In God We Trust" On County Building

Two and a half years ago, the Commissioners of Davidson County, North Carolina decided to inscribe “In God We Trust” on the façade of the Government Center in Lexington, NC. Yesterday, in Lambeth v. Board of Comm’rs. of Davidson County, the US Fourth Circuit Court of Appeals rejected an Establishment Clause challenge to that decision. It held that the Commissioners’ action passed muster under the Lemon test.

In the Court’s view, the County Commissioners had at least some secular purpose. “In God We Trust” is the US national motto (36 USC Sec. 302). Even though there were also religious motivations, the secular ones were not just a pretext. Secondly, the 4th Circuit decided that given the long-standing patriotic uses of the motto, a reasonable observer would not view this as an endorsement of religion. Finally, the court found that this did not excessively entangle government with religion. It indicated that the concern about political divisiveness along religious lines under this strand of Lemon is limited to cases involving financial subsidies to parochial schools.

Mother Sues Nashville Schools Claiming Religious Recruitment

The Nashville Tennessean reports today on a lawsuit brought by several plaintiffs, including a parent of a Nashville, Tennessee high school student. The suit against the Nashville Metro school system claims that the 3000-member Bethel World Outreach Center, with the consent of school administrators, is using the schools to actively solicit teenagers into BWOC's youth ministry. The suit alleges that a teacher recruited the plaintiff's daughter to the church. Later a church staff member told the teen that her faith was strong enough that she no longer needed to take her anti-depressive medication. This led to a suicide attempt by the teenager. A church spokesman expressed concern but defended the youth program.

Sunday: Intl. Conscientious Objector Day

This Sunday, May 15, is International Conscientious Objectors Day. According to the War Reisisters' International website, this year's focus is on the plight of conscientious objectors in Greece. A report on the situation in Greece prepared by WRI for the United Nations Human Rights Committee is available online.

Mauritanian Police Raid Mosques Seeking Terrorists

According to a report today from Reuters, police in Nouakchott, the capital of the west African country of Mauritania, have searched at least ten mosques. They seized religious texts, prayer recordings made by imams, and in one case have arrested the resident muezzin. Since last month, police have arrested a number of Islamic activists and opposition leaders, charging that they are cooperating with an Algerian-based group allied with Al Qaeda. Mauritania is officially an Islamic republic, but it bans any political party based solely on religion.

Pressure on Pakistan To Repeal Blasphemy Law

Ecumenical News International reported yesterday that Catholic and human rights groups were renewing their campaign to get Pakistan to repeal its blasphemy law. A recent study of blasphemy cases reported over the last 17 years shows that 90 out of 642 were brought against Pakistan's small Christian community. Many blasphemy convictions have been overturned on appeal, but 20 defendants (including 6 Christians) have been murdered during their trials.

Ga. Proposes Parental Consent for Extra-Curricular Activities

The Georgia Board of Education yesterday proposed for public comment a rule that would require schools to furnish parents a list each year of all extra-curricular student clubs with their faculty advisors, purposes, activities, dues and national affiliations. A second, and more controversial, portion of the proposed rule would require schools to get parental permission for a student to join an after-school club. While this may impact after-school religious organizations, according to a report in the Southern Voice Blog today it has primarily been criticized as preventing closeted gay students from joining gay rights or gay support groups at their schools. The full text of the proposal is available online.

Constitutionality of Charitable Choice-- Part 2

Findlaw today has posted Part 2 (see prior post for Part 1) of an article by Vikram Amar and Alan Brownstein on the constitutionality of the "Charitable Choice" bill (H.R. 27) pending in Congress. Today they focus on the provision in the bill that would permit religious organizations to discriminate on the basis of creed in hiring employees to carry out government-funded social services. They conclude that this is impermissible under the Supreme Court's 1987 decision in Corporation of Presiding Bishop v. Amos. They argue that Amos permitted religious organizations to hire on the basis of religious belief only in order to protect their religious missions; but government funding under H.R. 27 may not fund the religious mission of an organization.

Profile of a First Amendment Defender

Yesterday's Tampa Weekly Planet carried an extensive profile of Brent Walker, Executive Director of the Baptist Joint Committee on Public Affairs. Walker, a political moderate, is a strong supporter of church-state separation. Says Walker, "The best thing government can do for religious liberty is to simply leave it alone. If any of us are going to be free, then all of us have to be free. This is not a pick-and-choose proposition."

Inter-Religious Tension Continues In Sri Lanka

The debate between Christian groups on the one hand and Buddhist and Hindu groups on the other over religious freedom and proselytization continues in Sri Lanka. According to a May 13 report in Christian Today, one of two bills that would limit Christian conversionary efforts was presented last week for a second reading in Parliament and then referred to a Standing Committee, even though part of the bill has been held unconstitutional by the Sri Lanka Supreme Court. The bill would prohibit conversions obtained by force or fraud and would require those who convert to notify local authorities.

Also it is reported today by ADNKronos International that a Special Rapporteur for the United Nations Human Rights Commission has said that Sri Lanka is not punishing acts of anti-religious violence, such as the burning of churches. She worries that this could lead to religious intolerance. She has also heard charges that faith-based organizations bringing aid to last year's Tsunami victims have attempted to play on their vulnerabilities.

Sweden's High Court to Review Pastor's Conviction for Anti-Gay Sermon

Last year, Pentacostal pastor Ake Green was sentenced by a Swedish court to 30 days in jail for preaching a sermon calling homosexuals "a deep cancer tumor on all of society". The court held that the sermon violated Sweden's 2003 hate crimes law. In Febrary 2005, an appeals court reversed the conviction. According to an AP report in today's Washington Post, Sweden's Supreme Court has announced it will now accept the prosecutor's request that it review the case.

Egypt's PM Excludes Possibility of Religious Political Party

Earlier this week, the Egyptian parliament approved constitutional changes that will permit some additional candidates to run for president in future elections. However, according to a report today from Middle East Online, Egypt's prime minister has excluded the possibility that the opposition Muslim Brotherhood could form a party and run a candidate. He said: "They are not a party and they will never be a party because our constitution says that a party cannot be based on religion."

Novel Anti-SLAPP Motion In Episcopal Church Dispute

The Long Beach, California Press Telegram reports today on a novel maneuver in a law suit between the Episcopal Diocese of Los Angeles and three local churches. In August, the three churches broke away from the Episcopal Church USA in protest over the ordination of an openly gay bishop and the blessing of same-sex unions. They placed themselves under the jurisdiction of an Anglican Bishiop in Uganda. In response, the Los Angeles diocese sued to get the property, hymnals and financial records of the three churches. It also asked for punitive damages.

Now comes the novel twist. The three churches have filed an anti-SLAPP motion under California Code of Civil Procedure Sec. 425.16. SLAPPs (Strategic Lawsuits Against Public Participation) were historically suits by businesses or government officials to silence critics. They were brought against individuals who spoke out on public issues, claiming that in speaking out, the individual became liable for defamation, conspiracy or interference with economic advantage. To prevent these, California and other states have provided that "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike..."

A hearing on the anti-SLAPP motion is scheduled for June 9.

US Commn. On Intl. Religious Freedom Issues 2005 Report

Yesterday the U.S. Commission on International Religious Freedom announced its 2005 recommendations on countries whose governments violate or tolerate serious interference with religious freedom. Those nations named as "countries of particular concern"-- the most egregious violators-- are ten who remain from last year: Burma, North Korea, Eritrea, Iran, Pakistan, People's Republic of China, Saudi Arabia, Sudan, Turkmenistan, and Vietnam. Added to the list this year was Uzbekistan because of its restrictive law on religion and its control over the way in which Islam can be practiced. India was removed from the list this year. A number of other countries were placed on a "watch list". These are Belarus, Cuba, Egypt, Indonesia, Nigeria and Bangladesh. A third level of concern-- countries being monitored-- was expressed as to Laos and Georgia (both moved from last year's watch list), and as to Afghanistan, India, Iraq and Russia.

The full text of the Commission's Annual Report, containing policy recommendations, is available online. The International Religious Freedom Act requires the report to be issued each year.

Update on Air Force Academy Religious Discrimination Probe

In a prior posting, I reported on the religious tolerance class being required for all Air Force Academy personnel after complaints by non-Chiristian cadets. Today the New York Times reports that the film being used for the class, titled "Respecting the Spiritual Values of All People", was originally 90 minutees in length, but was cut to 50 minutes. The article claims that chief of chaplains, Maj. Gen. Charles C. Baldwin, objected to some of the original footage. The Times reports: "General Baldwin said he asked that the Air Force cut out segments in the program on non-Christian religions like Buddhism, Judaism and Native American spirituality, as well as a clip from "Schindler's List," the 1993 movie on the Holocaust. The R.S.V.P. program was cut from 90 minutes to 50. Captain Morton [a Lutheran Academy chaplain] said that instead of educating about other religions, it had been reworked to emphasize a more neutral message: that cadets should respect one another's differences."

Another officer, however, told the Times reporter that the Academy is developing a second phase of the program that will educate cadets about "world religions".

Now It's Tajikistan....

Now Tajikistan joins many of the other former Soviet republics in closing churches. Today, Forum 18 reports that a Korean-led Protestant church in the town of Khujand has been closed down temporarily, partly under pressure from local Muslims. The church had previoulsy been accused of violating Tajikistan's law on religious organizations by teaching religious fanaticism. Tajik law calls for registration of religious organizations, but registration is not compulsory. The chairman of the country's religious affairs committee also complained about the vast amount of uncontrolled Muslim and non-Muslim religous books entering Tajikistan.

Belarus Holding Off Further Action Against Unregistered Religious Groups

Forum 18 reports today that Belarus has held off on taking action against the New Life Church and the Minsk Society for Krishna Consciousness (MSKC) after previously issuing warnings to them that they would be liquidated. Their re-registration has been denied because they do not have government approval to use the buildings in which they are meeting to worship. MSKC is not holding worship services out of fear of the large fines that would be imposed if they did. Baptist groups have also been denied re-registration when they refused to accept limits on the geographical region in which they could operate. This situation echos similar issues in other former Soviet Republics described in prior postings on Kazakhstan, Turkmenistan , and Azerbaijan

No Delay Permitted For Removal of Anti-Evolution Stickers

Last week (May 5), according to an AP Report, the 11th Circuit US Court of Appeals denied a request by the Cobb County, Georgia school board to permit it to delay complying with an order to remove evolution disclaimer stickers from school books. The school board requested the delay while an appeal was pending. The offending stickers, which the district court had ordered removed, read: "This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully, and critically considered."

Court Battle to Change Name to "Jesus Christ" Continues

The South African Mail and Guardian today reports on a legal battle over a name change in Washington, DC. Fifteen years ago, Peter Robert Phillips, Jr. changed his name on his passport, drivers' license and social security card to "Jesus Christ". In 2003, West Virginia refused to place this name on a deed to property without a formal name change. So Christ nee Phillips petitioned the District of Columbia Superior Court for a legal change of name. The trial court denied his request on the ground that use of this name is blasphemy and will cause a violent reaction. On April 7, 2005, the DC Court of Appeals reversed on the ground that the petitioner failed to publish notice of his proposed name change in a newspaper of general circulation as required by D.C. Code Sec. 16-2503, and that no transcript of the hearing in the trial court was filed with the appeal. The court remanded the case so it can proceed in accordance with applicable rules. Phillips attorney, who reports that a new hearing is expected within the next two months, says that his client is a devout Christian who is expressing respect and love for his religion through the name change.

New Law Review Articles

Here are some of the most recent First Amendment Religion Clause articles published in law reviews, courtesy of SmartCILP:

Dokupil, Susanna, Thou Shalt Not Bear False Witness: "Sham" Secular Purposes in Ten Commandments Displays, 28 Harv. J.L. & Pub. Pol'y 609-650 (2005).

Garry, Patrick M., The Institutional Side of Religious Liberty: A New Model of the Establishment Clause, 2004 Utah L. Rev. 1155-1189.

Gedicks, Frederick Mark and Roger Hendrix, Religious Experience In the Age of Digital Reproduction, 79 St. John's L. Rev. 127-160 (2005).

Goldstein, Jared A., Is There A "Religious Question" Doctrine? Judicial Authority To Examine Religious Practices and Beliefs, 54 Cath. U. L. Rev. 497-551 (2005).

Malaysia Releases Arrested Christians; Demands Bible Labeling

Christian Today reports that Malaysia has released two American Protestants who had been arrested on April 25 for proselytizing (see prior posting). Sentenced to 14 days in jail, they were released after 10 days. All charges against them were withdrawn. Islam is the official religion in Malaysia and it is illegal to attempt to convert Muslims. The Prime Minister recently announced that Bibles published in the Malay language must display a prominent warning, "Not For Muslims".

11th Circuit Denies Native American Prisoner's Religion Claims

In Brunskill v. Boyd , decided yesterday, the US 11th Circuit Court of Appeals rejected free exercise, establishment clause, equal protection and RLUIPA claims by a Native American who practices the Tobacco Indian religion. The inmate had charged that prison rules requiring him to cut his hair were unconstitutional, as were those denying him access to tobacco, sage, cedar, sweetgrass, beads, leather, thread, needles, and feathers used for religious purposes.

2 Publications By Political Scientists On Religion and Public Policy

A new book edited by two political scientists presents case studies of faith-based programs funded by the federal government. The book is David K. Ryden & Jeffrey Polet, Sanctioning Religion?: Politics, Law, and Faith-Based Public Services , from Lynne Reinner Publishers. It is described as investigating "the potential—as well as the perils—of mixing religion and politics in the United States." The book's Introduction is available online.

Another group of political scientists have published a paper analyzing the role that religion plays in voting patterns of members of Congress. In the May 10 issue of Roll Call (subscription required), an article describes their paper, The Confessional Congress: Religion and Legislative Behavior. The paper analyzes religious faith and voting behavior of House members in the 105th Congress (1997-98). It concludes "even when party membership, district religious characteristics, and important political variables are controlled, religious affiliation and theological perspective still have a direct impact on members' voting." [Thanks to Steven H. Sholk for this information].

JP Says Separate Religion and Government In Israel

The influential Jerusalem Post today called editorially for a separation of religion and government in Israel. It urged as a first step that the Knesset abolish the offices of the two Chief Rabbinates (Ashkenazi and Sephardi). The editorial cited recent charges of personal and financial wrongdoing related to the incumbent Chief Rabbis. But it went further, arguing that there is no need for the current governmental religious councils or for the state-sponosred religious courts. The editorial continued by declaring, "We are strong believers in the Jewish state, but the current bonds between Judaism and the state have hurt both immeasurably. We are less of a Jewish state because of the politicization of religion, which has driven many more Israelis away from Judaism than it has brought closer."

Title VII Claim Does Not Survive Asset Transfer In Bankruptcy

In a case decided two weeks ago, the federal district court for the northern district of Indiana held that Sec. 363(f) of the Bankruptcy Code gives the court the power to approve the transfer of a bankrupt company's assets free and clear of Title VII employment discrimination claims. In Faulkner v. Bethlehem Steel/International Steel Group, 2005 U.S. Dist. LEXIS 7501 (ND Ind., 4/27/2005), the court refused to accept plaintiff's argument that his discrimination claim could be asserted against the buyers of the business under a "successor liability" theory. While this case involved a claim of racial discrimination, the same result would follow in a religious discrimination case.

Political Dispute Over Religious Pilgrimage in Kashmir

In Indian Kashmir, the courts find themselves at the center of a political-religious battle. Each year, Hindu pilgrims flock to the cave of Armanath where the image of the god Shiva in the form of a lingam is formed by an ice stalagmite. This year, according to a report published today in Express India, controversy rages over the length of the pilgrimage, known as the Amarnath yatra, and who has the right to set the dates for it.

Traditionally the yatra extends for 59 days in the month of Shravan (July-August). In the last few years, because of the security concerns in Kashmir, the government of Jammu and Kashmir has reduced the yatra to one month. But this year, the Shri Amarnath Shrine Board has scheduled the yatra for the traditional 59 days-- June 21 to August 19. This follows a decision of a single bench of the High Court of Jammu and Kashmir that the Shrine Board has the sole power to set the yatra dates. The Kashmir government is appealing this decision to the full High Court. However, coalition partners who are part of that government disagree. In the face of the appeal, Deputy Chief Minister Mangat Ram Sharma announced that the government will make security arrangements for a traditional 59-day yatra.

In another report today by The Pioneer, this dispute is described in more political terms: "Jammu and Kashmir has been witnessing a rare convergence of three political parties - Congress, National Conference and Bhartiya Janta Party - for the first time in the history of the state politics.... [A]ll these political parties want to teach their common enemy - PDP leader and Chief Minister Mufti Mohd Sayeed - a bitter lesson and have already joined hands to check his growing influence over day-to-day working of the Shri Amarnath Shrine board in the run- up to the annual pilgrimage in South Kashmir starting from June 21."

Parish-Diocese Relationship At Issue In Bankruptcy Proceedings

Today Law.com reports on the difficult bankruptcy law issues posed in proceedings against the Catholic diocese of Spokane, Washington. Pushed into bankruptcy by priest sex-abuse law suits against it, the diocese claims that churches and schools held in trust by the diocese for individual parishes should not be part of the assets that diocese creditors can reach. The diocese argues that civil courts must defer to church law which recognizes individual parishes as separate legal entities. Attorneys for creditors argue that canon law should not govern rights of outsiders to reach property in a bankruptcy proceeding. A hearing is set for June 27 on the issue.

European Parliament Lobbied Over Right to Religious Garb

In Strasbourg, France today, Muslim women from around Europe will gather to lobby members of the European Parliament for the right to wear the Hijab (head covering). Sikhs from around Europe will also lobby for the right to wear turbans. The controversy stems from a French law enacted in March 2004 that bans conspicuous religious symbols and attire in public schools. According to a report today by the Islamic Republic News Agency, May 20 is the deadline to obtain signatures of a majority of the members of the European Parliament to bring up for debate the previously tabled "Written Declaration on Religious Rights and Freedoms in France and Throughout the European Union."

Free Exercise Claim of Native American Prisoners Rejected

On May 4, 2005, a federal district court in North Dakota rejected claims by Native American penitentiary inmates that their rights to free exercise of religion were being denied. In Brown v. Schuetzle, 2005 U.S. Dist. LEXIS 8229, the court rejected both First Amendment and RLUIPA claims over conduct of religious ceremonies at the "sweat lodge" made available for inmates. The dispute involved qualifications of those who conduct the ceremonies and whether ceremonies would be open to non-Native Americans.

PrawfsBlawg Raises Issues of Protecting Ritual Observance

A discsussion today on PrawfsBlawg raises the question of the extent to which observance of religious ritual is protected by the First Amendment (or by laws that prohibit religious discrimination) if the person's practice of the rituals is based on something other than religious faith or a belief in God.

Perhaps the debate here is a semantic one flowing from the Supreme Court's usual concept of "religion" as a set of beliefs which may support certain practices. Some traditions might instead view religion primarily as a pattern of obligatory ritual practices that may, optimally, lead to belief in a Supreme Being.

Catholic League Home Page Hacked In Retaliation for Statements

On Saturday, the New York Post published an article about the new movie, Kingdom of Heaven, which is an account of the Third Crusade. The article quotes William Donahue, President of the Catholic League, as saying: "It is a matter of historical record that Muslim violence — in the form of a jihad — was responsible for Christians striking back, hence the Crusades." Apparently in response, the Catholic League's website was hacked over the weekend. Its home page was replaced with a semi-literate message urging the freeing of Palestine and of Iraq. The Catholic League has contacted the New York City police and the FBI about the intrusion.

Asylum For Religious Persecution About to Become More Difficult

The REAL ID Act (H.R. 418) , about to be enacted by Congress, has made the news because of provisions that tighten the rules for the issuance of drivers' licenses. However today the New Jersey Star Ledger reports on another aspect of the bill . It will make it more difficult for immigrants to obtain political asylum based on religious discrimination in their home country. Currently, 8 USC Sec. 1101(a)(42) defines a refugee eligible for asylum as a person who has a "well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."

Under the propsed new legislation, the asylum-seeker will be required to prove that one of these factors was or will be the central reason for his or her persecution at home. Section 101 of the law will also require that proof of this must be by evidence that is credible, persuasive and which refers to specific facts. Human rights groups have previously criticized strongly these provisions.

The bill passed the House last week (May 5) and is likely to pass the Senate this week, according to US Newswire.

Released Time Programs Are Alive and Well

Over 50 years ago in Zorach v. Clausen, the US Supreme Court approved "released time" programs in which students were released from school for a period of time during the day to obtain religious instruction in a nearby church. eMedia Wire reports today that eleven Pennsylvania counties are taking advantage of an old released time law in the state that permits up to 35 hours per year of off-campus religious instruction. Some 3000 students participate in the program run by Joy El Ministries.

State Supreme Courts Reject Church's 1st Amendment Defense In Sex-Abuse Cases

Last week, two state Supreme Courts permitted actions against the Catholic Church to proceed over First Amendment objections by the church. Both cases involved suits against the church by victims of the clergy sex-abuse scandal.

Fortin v. Roman Catholic Bishop of Portland (decided May 3, 2005) involved a claim that the Diocese failed to alert police that one of its priests had a propensity to abuse young boys. The Maine Supreme Court held that the plaintiff’s special relationship with the church created a fiduciary duty on the part of the Church to protect him from harm. It went on to reject the Church’s argument that imposing a fiduciary duty of care would violate its Free Exercise rights. The Court held that the imposition of liability was consistent with the US Supreme Court’s decision in Employment Division v. Smith, because the liability rule is a facially neutral requirement of general applicability that does not target religious beliefs or practices. It also held that the Church failed to identify a specific religious doctrine or practice that would be infringed by imposing this standard on the Church.

Finally the Court rejected the Church’s claim that the free exercise clause of Art. I, Sec. 3 of the Maine Constitution was violated by imposing potential liability on the Diocese. The Court held, however, that in later proceedings the Diocese could still prove that deciding the plaintiff’s claim will unconstitutionally involve the Court in deciding issues of religious law governing an hierarchical church.

Roman Catholic Diocese of Jackson Mississippi v. Morrison (decided May 5, 2005) also involved claims that the Diocese acted improperly when it learned that one of its priests had a propensity to molest children. First the Mississippi Supreme Court rejected the Establishment Clause argument that imposing liability on the Church for negligence in hiring and retaining a priest involves excessive entanglement of government with religion. It focused on the fact that there is nothing religious in nature about the conduct at issue.

The Court also rejected the Church’s Free Exercise argument that “subjecting it to prosecution of civil claims for negligent supervision would be tantamount to attempting to regulate its ecclesiastical policies, principles and procedures.” Finally the Court rejected arguments that Constitutional doctrines of church autonomy prevented it from deciding the case, since no ecclesiastical matters were at issue here. The Court has written a lengthy opinion extensively examining relevant precedent.

In the second part of its opinion, the Court rejects the argument that it should create a First Amendment privilege that would allow the Church to refuse to produce religious-oriented documents during discovery.

Two justices dissented from the court’s opinion.

Kansas Evolution Hearings- An Update

As I noted in a previous post, the Kansas State Board of Education held 3 days of hearings last week on evolution vs. intelligent design. Among the many news reports of the hearings is one by the Lawrence Journal World quoting two of the three members of the subcommittee conducting the hearing as saying that they had only scanned the controversial proposals. Indicating that she had not read the proposed new standards carefully, one of the board members said, "I'm not a word-for-word reader in this kind of technical information".

Biblical Literacy Courses Proliferate in Public Schools

An article this morning originating from the Dallas Morning News documents the extent to which courses on biblical literacy are finding their way back into public school classroooms across the country. Over 300 school districts in 35 states use material prepared by the National Council on Bible Curriculum in Public Schools. Critics are concerned that the courses as actually taught will cross the line from objective study to impermissible proselytizing.

The Other Side of the ACLU's RIS Lawsuit

Last month in a post I discussed the ACLU's suit on behalf of several Muslim-Americans against the Department of Homeland Security over the way they were detained and interrogated upon their return from a Muslim conference in Canada. The annual event in Canada is known as the "Reviving Islamic Spirit" conference. On Friday, the National Ledger published an op-ed piece making the case on behalf of DHS. Sherrie Gossett of Accuracy in Media argues that the history of past RIS conferences gave the government a strong basis for their questioning of those who had attended.

Symposium Issue on French Church-State Separation

The current issue of the Houston Law Review, Vol 42, No. 1 (available online) is a very interesting symposium issue on church-state issues. It features Steven Gey's Frankel Lecture entitled Free Will, Religious Liberty, and a Partial Defense of the French Approach to Religious Expression in Public Schools and commentaries on that theme. The issue also contains two student notes on church-state issues. (Note the issue is in fact the 2005 Symposium issue despite the heading on the online table of contents.)

TRO Issued In Challenge to Md. Sex-Ed Curriculum

Yesterday, a federal district judge issued a temporary restraining order against the Montgomery County Public Schools to prevent them from implementing their new sex education curriculum (see prior post). Finding, among other things, that plaintiff's Establishment Clause claim had merit, the Court in its Memorandum Opinion said:

"The Revised Curriculum plainly portrays Baptist churches as wrongly expressing the same intolerance [sic.] attitude towards homosexuals today as they did towards African Americans during segregation. ... [It] also implies that the Baptist Church's position on homosexuality is theologically flawed.... Most disturbingly, the Revised Curriculum juxtaposes this portrait of an intolerant and Biblically misguided Baptist Church against other, preferred Churches, which are more friendly towards the homosexual lifestyle."

Parent Sues Pa. School That Prohibited Bible Reading

The Rutherford Institute announced earlier this week (May 2) that it had filed suit in a Pennsylvania federal district court on behalf of a mother who was prevented from reading Psalm 118 from the Bible when her daughter was the featured student of "Me Week". Parents were asked to read to the class from their child's favorite book when their child was the featured student. But the principal informed the mother that her reading from the Bible would violate the separation of church and state. The mother claimed that parents were permitted to read and teach the class about Judaism and the celebration of Hanukkah, but that expression of religious beliefs by Christians was prohibited. Reporting on the lawsuit today, Agape Press quotes the mother's lawyer as stating that the school is displaying an "ignorant view of the constitution".

Viet Nam Religious Freedom Moves End Threat of US Sanctions

A US official visiting Hanoi has announced that the United States will not impose sanctions on Viet Nam over religious freedom issues, according to a report today by PolitInfo. While Viet Nam had been denominated a "country of particular concern" under the International Religious Freedom Act of 1988 (see prior post), it has since enacted new legislation that may lead to Protestant and Buddhist relgious groups obtaining recognition. It will also reopen some closed churches and end the practice of forcing individuals to renounce their faith. Viet Nam, however, has not yet been removed from the list of offending countries.

Death Penalty Sought for Sudanese Editor Who Insulted Mohammed

Generally I try to post stories without comment, but this report from yesterday's Sudan Tribune out of Khartoum was sufficiently unsettling that I wondered about its accuracy until the BBC and the Australian Broadcasting Corp. reported similar stories.

In April, Mohamed Taha Mohamed Ahmad, chief editor of the newspaper Al Wafiq, published an article written by a well-known Islamic historian. The article examined a 500-year-old Islamic manuscript that claims Mohammed's father was not Abdullah, as Muslims traditionally believe. Taha wrote a commentary next to the article, rejecting its premises.

Not only has the newspaper has been suspended for three days, but the editor is now charged with violating a Sudanese criminal statute that prohibits insulting religion or faith. In accordance with Islamic law which has been implemented in Sudan since 1983, this offense warrants the death penalty and the chief prosecutor is asking for that sentence. A large and angry crowd gathered in front of the court carrying a banner demanding "death to the apostate". The charged journalist refused to be represented by a lawyer and is representing himself. The court postponed the hearing for one day to study papers that had been filed.

Oregon Supreme Court Decides RLUIPA Case in Favor of City

The Oregon Supreme Court today decided its first case under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). In Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints v. City of West Linn, the court held that the city's denial of a conditional use permit to build a new meetinghouse did not impose a "substantial burden" on the Church's religious exercise since a permit would be granted for a revised construction plan. A report about the decision carried today by Oregon Live points out that in the Supreme Court's view, the added expense and delay that would be involved in submitting a new plan is not substantial enough to be prohibited by RLUIPA.

New Article on Protecting Proselytism

University of Notre Dame Law Professor Richard W. Garnett's new article entitled Changing Minds: Proselytism, Religious Freedom, and the First Amendment is now available through SSRN. Prof. Garnett describes proselytism a matter of "geopolitical, cultural, and national-security significance". The article, which will appear in the University of St. Thomas Law Journal, argues that the legal protection of proselytism is integral to freedom of conscience, and draws on writings of the late Pope John Paul II to support that position.

Bussing for Single Gender Jewish Schools Upheld

The Asbury Park Press reports that yesterday a New Jersey appellate court upheld the "courtesy bussing" policy for students in private religious day schools in Lakewood, New Jersey. Many years ago, in Everson v. Board of Education the US Supreme Court upheld state-financed bussing for parochial school students. But the New Jersey case had a different twist.

In Lakewood, the public schools enroll 5,400 students, while 12 to 15 thousand are enrolled in gender-separate Orthodox Jewish Day Schools. Different start and stop times for different day schools have resulted in all-boy or all-girl bus routes. This was challenged as discrimnatory. The court upheld Lakewood's bussing operations stating: "It is coincidental that the Orthodox schools are single-gender. The routes pursuant to the policy are neutral and do not foster religion."