Hearings on Unregistered Religious Groups in Russia

On April 14, the United States Helsinki Commission, a government agency charged with monitoring and encouraging compliance with the Helsinki Final Act, held extensive hearings on Unregistered Religious Groups In Russia. The full text of testimony in the hearings is now available. The hearings are timely since President Bush will meet with Russian President Vladimir Putin in Moscow next month.

Religious Discrimination at Air Force Academy

The AP reports there have been 55 complaints of religious discrimination by Air Force Academy cadets in the past four years. They charge that an overwhelmingly Christian student body and staff have regularly promoted Christianity and made harassing remarks to non-Christian cadets. For example, a Jewish student complained that a fellow-cadet told him the Holocaust was revenge for the death of Jesus. Also cadets allege that staff promote an atmosphere of endorsement for Christianity through their public statements including Christmas ads in the official Academy newspaper declaring Jesus the only savior.

US Commission Concerned About Religious Freedom in Saudi Arabia, Vietnam, Eritrea

This week (April 18), in a press release United States Commission on International Religious Freedom expressed concern that the US State Department has not yet taken specific policy actions against three countries-- Saudi Arabia, Vietnam and Eritrea-- for their systematic violations of religious freedom. They had previously been designated as "countries of particular concern". The deadline under the International Religious Freedom Act of 1998 for taking action passed a month ago. In February, the Commission had recommended specific steps that should be taken.

In a strong statement, the Commission chair said: “These persistent delays in the process serve only to signal that the United States does not take seriously IRFA’s stated—and mandated—commitments to promote religious freedom and other human rights throughout the world.”

Religious Land Use An Issue In Germany Too

In the United States, RLUIPA was in part a response to zoning restrictions and other obstacles faced by houses of worship. It appears that similar problems are now surfacing in Germany. Construction of Berlin's new Grand Mosque has been on hold since January. According to a report by AKI, now a German court has ruled that the Mosque must guarantee local residents that construction will not damage their property. In other German cities, Moslem groups have also been denied building permits. The opposition Christian Democratic Union is pressing for additional kinds of restrictions to deal with national security problems they say are posed by "Islamic extremists".

President Congratulates New Pope

On the South Lawn of the White House this afternoon, President Bush congratulated Pope Benedict XVI. He described the new Pope as "a man of great wisdom and knowledge" and as "a man who serves the Lord".

UN Opposes Religious Defamation

Last week (April 12), the United Nations Commission on Human Rights adopted a resolution opposing defamation of religions. The resolution focused on stereotyping of Islam. The United States was one of 16 nations voting against the resolution. Explaining its vote, the US objected that the resolution did not deal more broadly with defamation of other religions as well, or with the misuse of the media and educational systems in this regard.

New Article on RLUIPA & Cutter Argument Transcript

In time for the decision by the US Supreme Court later this term on the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000, the Harvard Journal of Law and Public Policy has published an article by Derek L. Gaubatz entitled RLUIPA At Four: Evaluating the Success and Constitutionality of RLUIPA's Prisoner Provisions.

In addition, the transcript is now available of the oral argument in the Supreme Court in the RLUIPA case, Cutter v. Wilkinson.

Supreme Court Grants Cert. on Sacramental Use of Tea Containing Controlled Substance

Today the U.S. Supreme Court agreed to review a divided en banc decision of the 10th Circuit Court of Appeals in a case brought by O Centro Espirita Beneficiente Unial Do Vegetal seeking a preliminary injunction to allow it to import hoasca for sacramental use. Plaintiffs sought an injunction against the United States under the Religious Freedom Restoration Act, a statute that was previously invalidated as it applied to states, but is still valid as it applies to the federal government. The 10th Circuit en banc came to the same final result as an earlier decision by a divided 3-judge panel, all agreeing that a preliminary injunction should be granted. The Supreme Court will hear arguments in the case in its next term that begins in October 2005.

Illinois Sued Over Requirement for Pharmacists to Dispense "Morning After" Pill

On April 13, the American Center for Law and Justice filed suit challenging Illinois' new temporary emergency rules requiring pharmacies to fill prescriptions for contraceptives "without delay". The pharmacists involved oppose on religious, moral and ethical grounds providing emergency contraception.

U.S. Outreach to Islamic World Falters

The Washington Post today in an article titled U.S. Outreach to Islamic World Gets Slow Start, Minus Leaders reports that the announced efforts of the US government to promote understanding in the Islamic world has made little progress. The Governemnt Accountability Office has reached that conclusion in a recent report, US Public Diplomacy: Interagency Coordination Efforts Hampered by the Lack of a National Communication Strategy.

Sri Lanka Parliament Considering Bill on Conversions

The Asian Tribune, in an article titled Christian Fundamentalists Gang Up Against Bill To Prevent Unethical Conversion In Sri Lanka , reports that "a common front of organized Christian fundamentalists are rallying their forces internationally to block the Freedom of Religion Bill placed before the Sri Lankan parliament to prevent unethical conversions."

The Becket Fund offers a different perspective on the issue.

New Scholarship

Hastings Professor Calvin Massey has posted a new paper on SSRN, The Political Marketplace of Religion.

Judicial Nominations and Religion

On the Congressional front, the New York Times reports that Democratic senators are criticizing Republican majority leader Senator Bill Frist for planning to take part in an April 24 telecast organized by the conservative Christian group, The Family Research Council. The telecast will argue that Democrats who wish to filibuster the President’s judicial nominations are “against people of faith”.

Senator Frist’s website contains a response to Democratic criticism.

Last Week In the Courts

The primary development in the courts this past week (April 14) was the U.S. Fourth Circuit Court of Appeals decision in Simpson v. Chesterfield County Board of Supervisors. Meetings of Chesterfield County’s Supervisors are opened with a “non-sectarian invocation”. The Board invites religious leaders from various congregations in the county to give the invocation. The county refused the request of Cynthia Simpson to be added to the list of invited religious leaders. Simpson, who described herself as a “witch”, belonged to the Reclaiming Tradition of Wicca. The county attorney stated that invocations are normally made to a divinity consistent with the Judeo-Christian tradition.

Relying on the 1983 case of Marsh v. Chambers that upheld Nebraska’s legislative chaplain, the court stated that legislative invocations are not scrutinized with the same rigor as other religious activities. Since Marsh permitted the selection of a legislative chaplain of one faith, the more inclusive policy of Chesterfield County cannot be faulted under the Establishment Clause.

News media have reported widely on this case, with headlines such as Wiccan Bias Suit Against Va. County Dismissed.

The other religion case decided in the courts last week (April 12) was the Washington state court of appeals decision in State v. Gonzalez. It upheld defendant’s bigamy conviction over his claim that his religious convictions required that he be married to any woman with whom he had sexual relations. Otherwise he would commit a sin.