Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, May 06, 2006
China Reacts To Criticism Of Its Policies On Religious Issues
At the same time, China seems to be attempting to patch up its dispute with the Vatican. Reuters reports that the Vatican’s choice, Father Paul Pei Junmin, will be consecrated as a bishop in Shenyang on Sunday morning. Earlier this week, to the dismay of Pope Benedict XVI, China's Church appointed two bishops who had not been approved by the Vatican.
Church Precluded From Asserting Statute of Limitations In Priest Sex Case
The court also rejected the Church’s contention that the case would involve it in deciding the legitimacy of Church doctrine on issues such as baptism and sin, in violation of the First Amendment’s free exercise guaranty. The court found Doe’s complaint sufficiently alleged that the Archdiocese’s actions were in fact motivated by a secular purpose—the Church’s interest in not paying child support.
Reporting on the decision today, the Cincinnati Enquirer said that Doe and her daughter were recently reunited after the daughter began searching for her birth mother.
Pope and EC President Meet
Class Action Claims Discriminatory Citizenship Delay For Muslim Men
Friday, May 05, 2006
Establishment Claims At Hawaii Youth Correctional Facility Not Proven
School Prayer Amendment Introduced In House
Student Sues After Ban On Handing Out Religious Literature
More Litigation on Kentucky Statehouse 10 Commandments
6th Circuit Rejects Claim By Prison Chaplain
Arizona State CLS Gets Limited Attorneys' Fees Award
Knoxville School Board Passes Policy On Religious Expression
Thursday, May 04, 2006
Today Is "National Day of Prayer"-- With A Long Prelude
In anticipation of the day, advocacy organizations this week issued competing press releases. American Atheists said that the role of the day is "to distract public attention from real political and social problems facing the American people." Meanwhile, the Alliance Defense Fund announced that it had sent a letter to 1200 cities encouraging local officials to participate in activities recognizing the National Day of Prayer. It also said that there is no obligation to give parallel recognition to atheists or others who do not participate in the Day's observances. ADF offered free legal representation in the event a city is sued over observing the day.
Today's Christian Science Monitor reports on yet another prelude to the Day. Evangelical Christian groups are conducting the 17th Annual U.S. Capitol Bible Reading Marathon on the west lawn of the U.S Capitol. The 90 hour event, ending today, began with the reading of Genesis and will conclude with a unison reading of the last two chapters of the book of Revelation. Two dozen members of Congress and their staffers are among those who have read from the Bible's text. Critics say that the event is an attempt by evangelicals to link government to Christian ideals. Supporters say that the event is merely a reminder of the important role that faith played in America's founding. In a related matter, members of Congress and historians are debating how prominent the Bible should be in the displays on the history of the Congress that will be in the $522 million Capitol Visitors Center that will open in 2007.
UPDATE: Religion News Service today reported on ceremonies at the White House to observe the National Day of Prayer. The 150 invited guests at the ceremony represented Christians, Jews, Muslims and Buddhists.
7th Circuit Denies En Banc Review In Taxpayer Standing Case
Federal Judge Moves To Enforce Removal Of Mt. Soledad Cross
UPDATE: At a rally on Saturday, San Diego Mayor Jerry Sanders urged City council to authorize an appeal of Judge Thompson's ruling to the U.S. 9th Circuit Court of Appeals. City Attorney Michael Aguirre, however, thinks that the city has a weak case. (San Diego Union-Tribune, May 7.)
UAE Police Investigating Illegal Pro-Christian Pamphlets
Dubai police will investigate since preaching faiths other than Islam is a criminal offence in the UAE. It is punishable by a prison sentence of up to ten years followed by deportation. Distributing pamphlets without a license is also illegal.
ACLU Director Criticizes Suit Seeking Parental Notice On Class Content
Wednesday, May 03, 2006
Courting The Religious Right In Gubernatorial Primaries-- An Update
Meanwhile, in Alabama, former state chief justice Roy Moore who is running in the Republican gubernatorial primary on June 6, is trailing his primary opponent, Gov. Bob Riley, by a 2-1 margin according to today's Washington Post. Moore achieved the status of a hero among the Christian right after his defense of a 10 Commandments monument he placed in the rotunda of the state judicial building in 2001. Riley, however, has not ignored the religious issue. He holds weekly Bible study classes with his staff.
China-Vatican Reconciliation Derailed By Appointment of Bishops
UPDATE: On Thursday, Pope Benedict XVI strongly condemned China's conduct. (Reuters report.)
Commission On International Religious Freedom Releases Report
University of Wisconsin To Permit Disputed Funding Of Catholic Group
European Court Vindicates Convicted Turkish Author
School Board Member Dismissed As Defendant Cannot Continue In Case
Tuesday, May 02, 2006
May Designated Jewish American Heritage Month
10 Commandments Trial In Oklahoma
ERISA Exemption For Church Plans Endangers Pensions Of Many Employees
9th Circuit Upholds Limits On Public Employee Religious Expression
While it allowed employees to discuss religion among themselves, it avoided the shoals of the Establishment Clause by forbidding them from discussing religion with its clients. Similarly, the Department allowed employees to display religious items, except where their viewing by the Department's clients might imply endorsement thus evading the reef of the Establishment Clause. The Department did not prohibit its employees from holding prayer meetings in the common break room or outside, but declined to open the Red Bluff Room to employee social or religious meetings as such use might convert the conference room into a public forum. We conclude that these restrictions were reasonable and the Department's reasons for imposing them outweigh any resulting curtailment of Mr. Berry's rights under the First Amendment of the United States Constitution or Title VII of the Civil Rights Act of 1964.The case was discussed in an Associated Press report yesterday.
Egyptian Government To Institute Centralized Call To Prayer In Cairo
Monday, May 01, 2006
Toledo Murder Trial Of Priest Continues With Suggestion Of Ritualistic Killing
In 1980, Father Robinson told the police that another man had admitted to the murder during confession; but then Robinson changed his story. Normally a priest would be excommunicated for revealing anything that was said in a confession, but this has not happened in Robinson's case. Rev. Grob testified, in response to a question, that a church court in deciding whether to excommunicate might take mitigating circumstances into account, such as Father Robinson being under stress because of the police interrogation.
In Israel, Government Formed With Shas As Part of Coalition
Texas Supreme Court To Review Claim Against Pastor-Family Counselor
The First Amendment And Parking Rules
These kinds of parking issues pose intriguing legal questions under exiting First Amendment jurisprudence. The Becket Fund has called attention to the issue in its e-update this week. Its Legal Counsel, Jered Leland, says that enforcement of the double parking law is unconstitutional because it places an unfair burden on religious institutions. Others however claim that the city's non-enforcement policy is illegal because it gives a preference to churches.
If one begins to examine the issue closely, policies in other cities could also be implicated. New York City has an elaborate policy on suspension of alternate side parking regulations. It has identified 34 holidays, many of them religious, on which it suspends the rules that are designed to facilitate traffic flow and street cleaning. Last year, some controversy was generated when New York City Council added the Hindu holiday of Diwali to the list of days on which parking restrictions were eased. If it were not to suspend these rules, it would pose substantial religious burdens on at least some faiths. Observant Jews are precluded from driving cars on many holidays. Enforcing the parking rules would force them to move their autos in violation of Jewish law.
Public Employee Dismissal Upheld For Harassment Including Religious Messages
Sunday, April 30, 2006
Religious Groups At Center of Today's "Save Darfur" Rally In D.C.
There are other religious elements in the Darfur situation. The London Sunday Times points out that the violence in Darfur is Muslim-on-Muslim. It also says that "there have been tensions in the Save Darfur campaign over some American Christian groups' zeal for conversions. After complaints, Sudan Sunrise, a group based in Kansas, last week removed references on its website to its 'one-on-one lifestyle evangelism to Darfurian Muslims living in refugee camps in Chad'."
Meanwhile, yesterday President George W. Bush met with organizers of the Washington rally, saying that the United Nations needs to augment African Union troops already in Sudan. In his statement following their talks, Bush said that the U.S. is working through NATO to respond to the situation, and added, "those of you who are going out to march for justice, you represent the best of our country."
New Scholarly Articles On Church-State
Chris Kemmitt, RFRA, Churches and the IRS: Reconsidering the Legal Boundaries of Church Activity In the Political Sphere, 43 Harvard Journal on Legislation 145-180 (2006).
From SSRN:
Kyle Duncan, Subsidiarity and Religious Establishments in the U.S. Constitution, (forthcoming in Villanova Law Review).
Department of Justice Plans Single-Faith Pre-Release Program For Prisoners
New Mississippi Law May Permit Teaching of Creationism
No local school board, school superintendent or school principal shall prohibit a public school classroom teacher from discussing and answering questions from individual students on the origin of life.
Secular Democracy Promoted For Nepal
Saturday, April 29, 2006
3rd Circuit Invalidates Registration Law For Door-To-Door Proselytization
Baptist Official Speaks on Church-State Issues
Hawaii Court To Order Artifacts Removed From Cave
Swedish Muslim Group Wants Legal Accommodations; Others Object
Hindu Couple In New York Lose Battle To Keep Cows In Village
PBS Feature On Religion and Politics In Ohio
Friday, April 28, 2006
Foundation Labeled As Terrorist Claims Free Exercise Infringement
Defendant Charges Police Insensitivity To Religious Garb
Byrd Introduces School Prayer Amendment
Nothing in this Constitution, including any amendment to this Constitution, shall be construed to prohibit voluntary prayer or require prayer in public school, or to prohibit voluntary prayer or require prayer at a public school extracurricular activity.The Charleston Daily Mail reports that this is the eighth time in 43 years that Byrd has introduced the proposal. The Daily Mail also says that it has learned from Byrd's office that Byrd has talked about his amendment and the original intent of the drafters of the First Amendment with Supreme Court Chief Justice John Roberts. The full text of Byrd's expansive speech introducing the amendment is available from his website.
In Minsk, Passover Seder Deemed Unfit For Children To See
Michigan House Passes Conscience Bill For HMOs and Insurers
British Court Rejects Claim Of Burial Benefits Discrimination
2nd Circuit Upholds Church's Right To Shelter Homeless Outside
Pakistan Charges Foreign Papers, Internet Firms With Blasphemy, Capital Offense
Reform Rabbinical Leader Speaks At Liberty University
Today's Forward has an excellent article on the talk that was given at as part of a Wednesday morning prayer service that is mandatory for students and faculty at the University.It is understandable, perhaps, that we may feel victimized and under attack and look for quick fixes. And so we hear calls, sometimes from evangelicals and sometimes from others, for prayer in the schools and lowering the wall of church-state separation. But let us beware of simple answers. As a Jew, I don't like it when other Jews find an anti-Semite under every bed; I don't believe that Judaism is seriously imperiled, and I don't think that Christianity is under siege either. Neither do I want to ask the government to solve our problems by imposing its will. Government coercion generates resentment, not godliness, and it is never a good idea to put the government in charge of our thinking.
Thursday, April 27, 2006
Maine Supreme Court Upholds Vouchers Limited To Non-Sectarian Schools
Coast Guard Relents On Merchant Marine Photo Rule
California Sentencing Judge's Reference To Religion OK'd
House Committee Defeats Duplicative Anti-Discrimination Amendment To Telecom Bill
Churches Moving To Retail and Commercial Space
Florida House Votes Property Tax Exemption For Holy Land Experience
Government and Human Rights Groups Urge Tadic To Reject Serbia's New Religion Law
On Wednesday, the U.S. Helsinki Commission issued a statement criticizing the law's "ambiguous registration requirements, limitations on naming rights, ill-defined state deregistration powers, speech limitations, improper public disclosure requirements, and undue deference to registration decisions of other EU countries." The statement also criticized provisions that would require many minority religious communities now registered to re-register with authorities.
Finally, according to B92 News, a letter signed by nine human rights organizations in Serbia said that the bill brings Serbia's secular character into question. The letter says the new law is contradictory to human rights guarantees in the country's constitution. It charges that the law moves Serbia back toward medieval times and away from modern Europe.
UPDATE: Despite these pleas, Makfax reported Thursday afternoon that Serbia's President Boris Tadic signed the Church and Religious Communities Act into law.
Wednesday, April 26, 2006
ACLU Questions Louisiana Mayor's Bible Study Class
Joe Cook, Louisiana ACLU executive director, argued that the sessions advance Christianity over other religions, and said that some city employees may feel pressured to attend. City Attorney David Cressy, however, argued that the classes are permissible because they are a private function, primarily for individuals who work at City Hall.
Challenges To Kentucky Funding For Religious Colleges Filed
Kentucky Governor Ernie Fletcher says that two of his top advisers differ on the constitutionality of the funding. His chief of staff believes it is unconstitutional. However, his general counsel takes the position that the state's Constitutional ban (Sec. 189) on using tax money to support sectarian schools applies only to elementary and secondary schools and not to colleges.
LDS Church Wants To Buy Part of ASU Polytechnic Campus
California May Pass Law Limiting Funeral Pickets
Florida State Charitable Campaign Sued By Religious Charities For Access
Rastafarian Prisoner Can Move Ahead On One Claim
First Use Of Utah's Hate Crime Law May Be For Religious Bias In Assault
Tuesday, April 25, 2006
Judge Apologizes To Sikh Excluded From Courtroom
Two Cases Reject Church Autonomy Jurisdictional Challenges
In a recently available decision in Passmore v. Sixth Judicial District, 2005 Mont. LEXIS 705(Mont. Sup. Ct., Nov. 16, 2005), the Montana Supreme Court refused to intervene to stop a trial court from proceeding in a case against a church alleging negligence in hiring, retaining and supervising the church's pastor. Petitioners had claimed that the trial court's proceedings would impinge on the church's teaching of religion or free exercise of religion.
Professional Football Team To Wear Bible-Themed Jerseys
On the jerseys, "Steeldogs" is replaced by "Samson", referring to the Old Testament hero known for his strength. On the back of the jerseys, the player's last name will be replaced by a book of the Bible. The number on the jersey will correspond to a chapter and verse of that particular book. Fans in attendance will be able to find the reference in free Bibles that will be handed out to everyone courtesy of Spiritual Outdoor Adventures. After the game, the jerseys will be auctioned off, with the proceeds going to local non-profit ministries. This event is the first of three "Barber's Dairy Faith Nights" with the Steeldogs.
Texas School Board Offers To Settle Suit With Bible Club
Satmar Grand Rabbi Dies Without Resolving Power Battle Between His Sons
UPDATE: According to a report by the Associated Press on Tuesday evening, the Satmar's Rabinnical court has announced that Rabbi Moses Teitelbaum left a will naming Zalmen Teitelbaum, the third of his four sons, as the next Grand Rabbi. However, Richard Schwartz, an adviser to the followers of rival son, Aron Teitelbaum, said "The will is not the vehicle for establishing succession if history is to be our guide." He argued that Moses Teitelbaum was not in a lucid state of mind when he wrote the will and that Satmar tradition provides for the oldest son to be the successor.
UPDATE 2: The New York Times reports that less than 2 hours after the Moses Teitelbaum's death, New York Judge Stewart A. Rosenwasser issued several orders at the request of Aaron Teitelbaum's supporters. They included requirements to maintain order and decorum during the funeral and the mourning period, and to assure that neither Aaron's nor Zalmen's supporters were shut out. But Zalmen Teitelbaum's supporters say the orders also solidify Aaron's claim to power, and the filed an appeal. Tuesday afternoon, an appellate judge struck parts of Rosenwasser's ruling.
Viet Nam Official Announces Government Policy On Religion
1. Belief and religion are the spiritual need of a portion of the population, which exists and will continue to exist within the nation during the process of socialism construction in Viet Nam. Fellow citizens of all religions are part of the great national unity bloc.Thi also outlined provisions of law regarding recognition of religious groups and reviewed achievements of the past years in implementing the government's religious policies.
The State will continue to implement the consistent policy of respecting and ensuring the right to freedom of belief and religion and normal religious activities in accordance with the law.
2. The Government would implement the consistent policy of great national unity; unite fellow citizens of different religions and unite fellow citizens who are religious and who are not; strictly prohibit discrimination against citizens on the grounds of belief and religion; and strictly prohibit misuse of belief and religion for superstitious activities, contravention of the law and State policies and incitement to sow division among people and ethnic groups, or disturb and infringe national security.
The timing of Thi's remarks may not have been coincidental. The annual report of the U.S. Commission on International Religious Freedom will go to Congress on May 1. (Associated Press report.) Viet Nam did not fare well in last year's report. (See prior posting.)
Monday, April 24, 2006
6th Circuit Denies En Banc Review of 10 Commandments Case
The American Center for Law and Justice, which represented Mercer County, issued a statement praising the decision. It said: "This is an important defeat for the ACLU and other groups that are committed to removing our religious heritage and traditions from the public square." The Louisville-Courier Journal reports on the en banc determination.
Cert. Denied In "Jesus Poster" Case
Norway Opens Hearings On Church-State Separation Proposal
Homeowners Association Settles Suit On Religious Group's Use of Community Room
Vatican-China Move Toward Normalizing Relations
South African Court Hears Discrimination Claim By Hindu School Girl
French Far Right Presidential Candidate Opposes "Islamization" of France
Sunday, April 23, 2006
More Religion In Ohio Political Ads
By the way, the state motto, taken from the New Testament (Matthew 19:26), was upheld against an Establishment Clause attack in an en banc U.S. Sixth Circuit Court of Appeals decision in 2001. The source of the motto does not appear in the version outside the State House. This link will take you to a photo of the motto as it appears on the State House plaza.
Native American Prisoners In New Hampshire Seek Sweat Lodge Use
Background On A.D. vs. C.E. Labeling For Historical Dates
The practice of referring to years in relation to the date of the birth of Jesus was originated by a Scythian Monk, Dionysius Exiguus, in Rome in 525. It came into common use in the 8th century. Historians now agree the Exiguus was a few years off in setting the year of Jesus’ birth. Jesus appears to have in fact been born between 4 and 8 B.C. (B.C.E.) Pope Gregory continued using the B.C./A.D. designations when he created the Gregorian calendar in 1582. The notations have always been a low level source of irritation to non-Christians, reminding them that Western civilization defines itself in Christian terms. Particularly the use of A.D. ("in the year of our Lord"), not just "after Christ", seems to require the user to proclaim a religious acceptance of Christianity. Jewish scholars for over a century have used. C.E. (common era) and B.C.E. (before the common era) in their work.
The leaders of the French Revolution attempted to introduce a dating system that counted years from the beginning of the "Republican Era", i.e. the day the First French Republic was proclaimed. In the United States, dating of official documents from the date of the Declaration of Independence, along with the use of A.D., was a practice that was sometimes used. The Constitution of the United States concludes with the following:
Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth.It was only in the 1990's that a movement began to use C.E. and B.C.E. more generally. The United States Supreme Court recognizes the problem that the notation poses for some attorneys. Its instruction form for applicants for admission to the Supreme Court bar tells attorneys how to request a certificate of admission reflecting the date of the lawyer’s admission without the accompanying phrase "in the year of our Lord".
In 2000, the Southern Baptist Convention adopted the following Resolution opposing the secularization of dates, and at the same time reflecting why use of the traditional system is problematic for non-Christians:
WHEREAS, Historically, our (Gregorian) calendar marked the centrality of the incarnation of the Lord Jesus by the designation B.C. (before Christ) and A.D. (anno Domini…); and WHEREAS, Some recent publishing practices alter this designation in favor of B.C.E. … and C.E….; and WHEREAS, This practice is the result of the secularization, anti-supernaturalism, religious pluralism, and political correctness pervasive in our society. WHEREAS, The traditional method of dating is a reminder of the preeminence of Christ and His gospel in world history; and WHEREAS, This retention is a reminder to those in this secular age of the importance of Christ’s life and mission and emphasizes to all that history is ultimately His Story.
Therefore, be it RESOLVED, That the messengers to the Southern Baptist Convention…, encourage Southern Baptist individuals, churches, entities, and institutions to retain the traditional method of dating and avoid this revisionism.