South Carolina Debates Teaching of Evolution

South Carolina joins the list of states debating whether to teach theories on the origin of life other than evolution in the public schools. According to The State (Columbia, SC), a 4-person panel of the state's Education Oversight Committee held hearings Monday on the issue, but decided to take no action at the present time. According to a Charlotte Observer AP report, at issue is whether guidelines should call for students to "critically analyze" evolution. Instead of deciding, the EOC panel agreed to work with the state Department of Education before the full EOC meets on Feb. 13 to find a compromise that would direct teachers to analyze evolution only using scientific testing methods.

This follows a series of events in which the EOC originally voted 8-7 to strike old wording that limited schools to teaching evolution; the state Board of Education voted to overrule that decision; but the state attorney general ruled that the Board of Education overstepped its authority in reinstituting the old guidelines because the new standards were in dispute. The state Education Department writes education standards; the EOC recommends approval or rejection of the standards but may not revise or rewrite them.

Recently Published In Law Reviews

From SmartCILP:

Jill Goldenziel, Blaine's Name In Vain?: State Constitutions, School Choice, and Charitable Choice, 83 Denver Univ. Law Rev. 57-99 (2005).

Noah Feldman, Third Annual Henry Lecture: The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics; also Replies by Randall T. Coyne, Harry F. Tepker and Joseph T. Thai, 58 Oklahoma Law Rev. 1-57 (2005).

Israeli Party Supports Religion-State Separation

In a surprise announcement, the right wing Israeli political party, Yisrael Beiteinu, has come out in favor of separation of religion and state, including public transportation on the Sabbath. Haaretz yesterday reported that the move is an attempt to attract voters in the upcoming Knesset election from the recently-collapsed Shinui party.

Paper Discusses Prison Program InnerChange

Today's Boston Globe carries a long story on the faith-based InnerChange Freedom Initiative, an offshoot of the Prison Fellowship movement launched by Charles Colson, which has been adopted by 4 state prison systems, and will shortly expand to 2 more. Final arguments are scheduled on Feb. 17 in a case in Iowa in a challenge to the program that was filed by Americans United for Separation of Church and State.

Decision Available In Boston Case On Standing To Challenge Sale of Land

Two months ago I reported that in Boston, a Suffolk Superior Court judge denied defendants' motion to dismiss a lawsuit charging the city of Boston with violating state and federal limits on the separation of church and state in selling land to the Islamic Society of Boston for a mosque in Roxbury. The full opinion in the standing case is finally available on LEXIS. The case is Policastro v. City of Boston, 2005 Mass. Super. LEXIS 579 (Nov. 8, 2005).

Concerns That Hamas Success In Palestinian Elections Will Bring Sharia Restrictions

In the Palestinian Authority as Hamas appears to be gaining strength in Wednesday's Parliamentary elections, Palestinian women fear that Hamas will press for the imposition of Islamic family law and dress codes. The Middle East Times reports today from Gaza City that women like Naila Ayesh, director of the Women's Affairs Center fear that a Hamas-dominated Parliament will permit polygamy and permit discrimination against women in divorce and custody proceedings. Others, like male hairdresser Hossam Abu Mohammed fear that males working for women will be banned. Five years ago, Hamas supporters burned down Gaza's movie theater, furious that it was too frivolous and was incompatible with Islamic mores.

Virginia Legislation To Protect Against False Halal Labeling Introduced

In Virginia, state representative Kenneth C. Alexander has proposed a law making it a misdemeanor to fraudulently label products as halal if they do not in fact comply with Islamic religious law. Yesterday, the Virginian-Pilot reported that HB 153 would extend to halal food products the same restrictions against false advertising that Virginia now applies to kosher food. An identical bill, SB 349, has been introduced into the Virginia Senate. Another bill, SB 354, would require proper labeling of both kosher and halal foods in stores and restaurants. Barry W. Lynn, executive director of Americans United For Separation of Church and State said that Jewish and Muslim organizations should enforce their own dietary laws, and the state should not be empowered to enforce compliance with religious law.

Proposed Slovak-Vatican Treaty On Conscientious Objection

Mirror of Justice yesterday called attention to a proposed treaty between the Vatican and the Slovak Republic protecting Catholic conscientious objectors in Slovakia, especially Catholic medical and health care workers. In December, the European Union's Committee of Independent Experts on Fundamental Rights issued a report on the potential conflict of the draft treaty with various European human rights documents protecting women's right to reproductive health, contraception and abortion services. The Report also looks at other human rights implications of the draft treaty.

Roe v. Wade's Anniversary-- And What Blackmun Said About Religion

Today is the 33rd anniversary of the Supreme Court case that has been the catalyst for much of the involvement of the religious right in political action in the United States-- Roe v. Wade. Yesterday's San Jose, California Mercury News reported on some of the demonstrations in California on both sides of the abortion rights issue. Today's New York Times Magazine carries an article by Eyal Press, My Father's Abortion War, adapted from his upcoming book, "Absolute Convictions: My Father, a City and the Conflict That Divided America".

In this context, it might be useful to look again at language from Justice Blackmun's original Roe v. Wade opinion, 410 US 113 (1973). Today, what he had to say about the view of religion toward abortion is often forgotten:

The absence of a common-law crime for pre-quickening abortion appears to have developed from a confluence of earlier philosophical, theological, and civil and canon law concepts of when life begins. These disciplines variously approached the question in terms of the point at which the embryo or fetus became "formed" or recognizably human, or in terms of when a "person" came into being, that is, infused with a "soul" or "animated." A loose consensus evolved in early English law that these events occurred at some point between conception and live birth. This was "mediate animation." Although Christian theology and the canon law came to fix the point of animation at 40 days for a male and 80 days for a female, a view that persisted until the 19th century, there was otherwise little agreement about the precise time of formation or animation. There was agreement, however, that prior to this point the fetus was to be regarded as part of the mother, and its destruction, therefore, was not homicide. Due to continued uncertainty about the precise time when animation occurred, to the lack of any empirical basis for the 40-80-day view, and perhaps to Aquinas' definition of movement as one of the two first principles of life, Bracton focused upon quickening as the critical point. The significance of quickening was echoed by later common-law scholars and found its way into the received common law in this country. ...

Texas urges that, apart from the Fourteenth Amendment, life begins at conception and is present throughout pregnancy, and that, therefore, the State has a compelling interest in protecting that life from and after conception. We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer.

It should be sufficient to note briefly the wide divergence of thinking on this most sensitive and difficult question. There has always been strong support for the view that life does not begin until live birth. This was the belief of the Stoics. It appears to be the predominant, though not the unanimous, attitude of the Jewish faith. It may be taken to represent also the position of a large segment of the Protestant community, insofar as that can be ascertained.... As we have noted, the common law found greater significance in quickening. Physicians and their scientific colleagues have regarded that event with less interest and have tended to focus either upon conception, upon live birth, or upon the interim point at which the fetus becomes "viable," that is, potentially able to live outside the mother's womb, albeit with artificial aid.... The Aristotelian theory of "mediate animation," that held sway throughout the Middle Ages and the Renaissance in Europe, continued to be official Roman Catholic dogma until the 19th century, despite opposition to this "ensoulment" theory from those in the Church who would recognize the existence of life from the moment of conception. The latter is now, of course, the official belief of the Catholic Church. As one brief amicus discloses, this is a view strongly held by many non-Catholics as well, and by many physicians. Substantial problems for precise definition of this view are posed, however, by new embryological data that purport to indicate that conception is a "process" over time, rather than an event, and by new medical techniques such as menstrual extraction, the "morning-after" pill, implantation of embryos, artificial insemination, and even artificial wombs.

Suit In Lebanon Charges Violations of Civil Law In Issuance of Fatwa

In Beriut, Lebanon, the Daily Star reported on a lawsuit that was filed last Thursday by eight intellectuals, human rights activists and legislators representing all religious denominations of Lebanon against the Shiite scholar and leader Sheik Afif Naboulsi. In December, Naboulsi purported to issue a fatwa prohibiting Shiite politicians from replacing current Amal and Hizbullah representatives in the Lebanese government with Shiites, saying that foreign forces are behind the attempt. The suit charged Naboulsi with "identity theft, threatening and terrorizing in an attempt to obstruct the practice of civil rights, instigating sectarian differences and portraying political disputes as disputes between religions and sects." It says that Naboulsi was not a member of the Shiite's religious committee and so could not issue a fatwa. In a statement released on Saturday, the Canadian-Lebanese Human Rights Federation supported the lawsuit.

Evangelicals Are Recently Also Social Activists

Today's Atlanta Journal Constitution has published an article titled This Isn't Your Father's Moral Majority. It argues that conservative evangelicals are re-evaluating what it means to be a Christian. Their new concern about social activism has the potential to fundamentally reorder the federal government's priorities as well as trigger shifts in the Republican and Democratic parties. As examples, the article points to Alabama Gov. Bob Riley's failed attempt to raise taxes on the wealthy and reduce them on the poor; to support among the religious right in South Carolina for more state money for poor rural public schools; and to the arrest in Washington last month of more than 100 evangelical Christians who were protesting the plans of President Bush and the Republican Congress to cut spending on anti-poverty programs like food stamps.

Student Athlete Permitted To Refuse Vaccination On Religious Grounds

In Hadley v. Rush Henrietta Central School District, 2006 U.S. Dist. LEXIS 1372 (WD NY, Jan. 10, 2006), a federal district judge issued a temporary injunction requiring a New York school district near Rochester to permit a high school senior to to play on the lacrosse team even though he refused on religious grounds to be vaccinated for tetanus.

Jewish Organizations Oppose Massachusetts Financial Reporting Proposal

According to Friday's Jewish Advocate, many Jewish groups are now joining the opposition to a bill pending in the Massachusetts legislature that would require religious institutions to make the same financial disclosures as nonprofit organizations. (See prior posting.) State Rep. Ruth Balser said the bill was a response to issues that arose in the Boston Catholic archdiocese after the child sexual abuse scandals. But, Balser noted, because of the centralized nature of the archdiocese, only four dioceses in the state would have to file disclosure statements, while each individual synagogue, Protestant church and mosque would have to file separately. A statement issued by Boston's Jewish Community Relations Council argues that the bill "unfairly and disproportionately" affects religious institutions such as synagogues, which have lay-led structures. Also opposing the legislation are the Massachusetts Council of Churches and the Islamic Council of New England.

Questions Raised About Bible Literacy Project

The January issue of Church and State, published by Americans United, carries and interesting review of the Bible Literacy Project by Joseph L. Conn. He titles his article Chuck Stetson's Trojan Horse. Even though the Project's new textbook, The Bible and Its Influence, has garnered support from individuals across the political spectrum (see prior posting), Conn has his doubts. He argues that Chuck Stetson, chairman of the Project, has extensive ties to the religious right. He also criticizes the book for only discussing the use of the Bible as an inspiration for progressive change, and omitting its use historically by pro-slavery, pro-segregationist and anti-feminist forces. The entire article is worth a read. [Thanks to Joel Sogol via Religionlaw for the lead.]

Challenge To Prison Limit On Religious Items Partly Successful

In Roy v. Arizona, 2006 U.S. Dist. LEXIS 1488 (D. Ariz., Jan. 13, 2006), an inmate who was an "Occultist/Esoteric Christian" challenged various restrctions on the practice of religion imposed on inmates by the Arizona Department of Corrections. Prisoners were limited to possessing religious items that could fit into a box of a specified size. This restriction was justified by the limited size of cells, the need to minimize friction between cellmates on over-crowding of the cell, the fact that random searches become more complicated as possessions increase, and the need to comply with fire codes. Religious books must be obtained either from the inmate store or directly from the publisher, in order to minimize the introduction of contraband into the prison. Inmates may keep additional books in storage, and may access those books upon request. The court granted the state's request for summary judgment on most of the claims, but permitted plaintiff prisoner to move ahead with his claim that he was improperly denied permission to posses seven requested religious items.

Vatican Paper Defends Evolution

The AP reports that on Tuesday, the Vatican newspaper L'Osservatore Romano carried an article by Fiorenzo Facchini, a professor of evolutionary biology at the University of Bologna. The article described Darwin's theory of evolution, and said that in the scientific world, biological evolution "represents the interpretative key of the history of life on Earth." He wrote that intelligent design "doesn't belong to science and the pretext that it be taught as a scientific theory alongside Darwin's explanation is unjustified. It only creates confusion between the scientific and philosophical and religious planes." However, he concluded by saying, "in a vision that goes beyond the empirical horizon, we can say that we aren't men by chance or by necessity, and that the human experience has a sense and a direction signaled by a superior design." [Thanks to Joel Sogol via Religionlaw listserv for the information.]

Pataki's Tax Credit Plan Stirs Controversy

In his budget address on Tuesday, New York Governor George Pataki proposed giving as much as $500 in tax credits to parents of public and private school students in New York City and 82 other failing school districts. According to yesterday's New York Sun, parents could use the dollar-for-dollar credits to pay for textbooks, school supplies, or for tuition at private and religious schools. Immediately, Attorney General Eliot Spitzer, the leading Democratic candidate for governor, and Republican gubernatorial candidate William Weld began to argue over whether the governor's plan would violate New York's constitutional ban on aid to parochial schools. The Constitution, Art. XI, Sec. 3 prohibits state aid going to "any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught".

Catholic Group Seeks Student Fees For Worship Booklets

Yesterday's Madison, Wisconsin, Capital Times reports that the Roman Catholic Foundation, an organization serving University of Wisconsin-Madison students, wants to be the first group to spend student fees on activities that are openly religious. The group, which operates St. Paul's University Catholic Center is seeking $205,000 in segregated fees, and would use part of the money to pay for Lenten booklets. UW-Madison Interim Dean of Students, Lori Berquam, has urged student government to refrain from financially supporting the operating costs of "a church-related activity" like worship. At issue is the interpretation of the 2000 U.S. Supreme Court decision in Board of Regents v. Southworth, also involving the University of Wisconsin student activity fee system. The Catholic foundation's budget request was scheduled for a vote Wednesday night by the Associated Students of Madison Council; but the council delayed the vote in order to seek legal advice.

Shinto Representatives Oppose Female Imperial Succession

In Japan, 700 representatives of the country's 80,000 Shinto shrines adopted a resolution Thursday to oppose a government plan to allow women and their descendants to ascend the Imperial throne. The Japan Times reports that the representatives are defending what they believe is the dignity of the Imperial family, in opposition to a government-sponsored bill scheduled be submitted to the next ordinary session of the Diet starting Friday. Before World War II, Shinto was the state religion and it had strong mythical ties with the Imperial family.

Texas Church Reaches Property Tax Settlement

The Fort Worth, Texas Star-Telegram reported yesterday that a 20-year dispute between New Mount Calvary Baptist Church and Texas county tax authorities was finally about to be settled. At issue has been the taxation of a vacant portion of the property on which the church's building sits. The church's leader, Rev. Tom Franklin, has paid $200 toward the church's $33,000 delinquent property tax bill and has agreed to pay at least $50 a month until the amount owed is paid off, said Tarrant County Tax Assessor-Collector Betsy Price. Franklin and other African-American ministers have argued that poor, black churches are not treated as well as wealthier churches with mostly white congregations.

Pa. Court Rejects RLUIPA Claim

In City of Hope v. Sadsbury Twp. Zoning Hearing Bd., (Jan. 17, 2006), a Pennsylvania appellate court held that the Township Zoning Hearing Board's denial of a Church's application for use of a campground and hiking trails as an accessory use does not impose a "substantial burden" on the Church's exercise of religion in violation of RLUIPA because neither the Church nor its visitors will be required to forego or modify the exercise of their religion. Also, there are other campsites nearby that are available for use by the Church's visitors.

Challenge To California Missions Funding Dropped

The Becket Fund for Religious Liberty announced yesterday that plaintiffs have dropped their December 2004 lawsuit, captioned Doe v. Norton, seeking to stop the federal government from funding the preservation of California's 21 historic Spanish missions, 19 of which are still used for worship services. Americans United for Separation of Church and State said that since no money was in fact appropriated by Congress to fund the California Missions Preservation Act, it is withdrawing the suit without prejudice so that it could be filed again. A hearing had been scheduled for today. (See prior posting.)

Two Courts Rule On Church Disputes

In Bowie v. Murphy (Jan. 13, 2006), the Virginia Supreme Court held that deciding a defamation suit would not unconstitutionally involve the court in deciding a matter of religious faith and doctrine. The claim grew out of an an attempt by some members of Greater Little Zion Baptist Church to remove Murphy as the church's pastor. Murphy, in turn, called a special meeting to take action against one of the church's deacons, David Bowie. At the meeting Murphy accused Bowie of assaulting another member who was a supporter of Murphy during the vote of members on Murphy's removal. Two other members moved to remove Bowie as Deacon and reduce his membership status. Among other things, Bowie sued for defamation. The court held that while the allegedly defamatory statements were made during a church meeting, the defamation claim is separate from the church governance issue involved in Bowie's status as a deacon that was being considered at the meeting. The alleged defamatory statements could be evaluated for their veracity and the impact they had on Bowie's reputation the same as if the statements were made in any other, non-religious context. A dissent by two justices argued that the defamation claims could not be removed from the church-governance context in which they arose.

In a second case, Boone v. Christian Chapel United Church of Christ, (Jan. 17, 2006), a North Carolina Court of Appeals held that the trial court had acted properly in interpreting a Church's bylaws and finding that the Church had violated its own procedures in terminating its pastor. However, it infringed on the separation of church and state when it ordered the Church to conduct a new vote, because that involve an ecclesiastical matter. Having determined that the vote was in violation of the bylaws, the court should have merely directed the church to resolve on its own the matter of whether or not to retain its pastor's services.

Third Circuit Hears Arguments In Ursuline Academy Case

On Tuesday, the U.S. 3rd Circuit Court of Appeals heard arguments in Curray-Cramer v. Ursuline Academy of Wilmington Delaware, Inc. The decision of the trial court is at 344 F. Supp.2d 923 (D Del., 2004). Wednesday's Philadelphia Inquirer reported on the oral arguments, which the court extended for 10 minutes because of the importance of the case. At issue is whether Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978 protects a teacher who was fired from a Catholic school after publicly advocating on behalf of abortion rights. The argument was complicated by plaintiff's claim that the First Amendment free exercise issues considered by the trial court no longer apply because the Ursuline Academy's charter no longer includes the word "religion". The academy now markets itself as an independent college-preparatory school.

Quran Used To Take Affirmation of Office In New Jersey

In Boonton, New Jersey last week, Tajammul "Taj" Khokhar made history of a sort when he took office as a member of the town's Planning Board using the Quran to take an "affirmation" instead of taking an oath on a Bible as the other two new members of the Board did. Wednesday's Morris County Daily Record reported however that it is not uncommon for the Quran to be used by Muslims to take an affirmation in court in Morris County, NJ, and a former mayor of another town in Morris County may have been sworn in using the Quran as well.

Religion Heats Up Politics In Ohio

In Ohio, religion is becoming a central issue in the 2006 election campaign that has already begun. Paul Hackett, an Iraq war veteran who is a leading candidate for the Democratic nomination for U.S. Senate, is refusing to back down from his statement that "the Republican Party has been hijacked by the religious fanatics" who "aren't a whole lot different than Osama bin Laden." The Cleveland Plain Dealer today reports that the comments have drawn sharp criticism from state Republicans.

Meanwhile, in the northeastern Ohio town of Hartvillle, major Republican office-holders on Tuesday attended a rally sponsored by Ohio Restoration Project founder Russell Johnson. The event was part of his 10-city Patriot Pastors tour. Keynote speaker was Ohio Secretary of State, and candidate for Governor, Kenneth Blackwell. According to the Canton Repository, Blackwell, wearing a small silver cross on his lapel, criticized the media for focusing on his appearances at a Columbus Restoration Project rally while ignoring Democratic gubernatorial candidate Ted Strickland, who spoke, "Bible in hand" at a counter rally at a nearby church.

The Akron Beacon-Journal reported that among those attending the Hartville ORP rally were Republican Ohio Supreme Court Justice Terrence O'Donnell; former appeals court judge William Batchelder, who is running for state legislature; and former U.S. Rep. Bob McEwen, a lobbyist who is planning to run for Congress this year. Offering the opening prayer at the rally was Sandra O'Brien, a candidate for state treasurer, while the closing prayer was given by state Sen. Tim Grendell, a candidate for attorney general.

ORP leader Russell Johnson criticized the religious leaders who, last week, asked the Internal Revenue Service to investigate the tax exemption of Johnson's church. (See prior posting.) Johnson also warned that Christians have allowed a "secular jihad'' to remove prayer, the Ten Commandments and the Bible from public places, and said it was like Nazi Germany, where church congregations would sing so that they could not hear the passing of trainloads of crying Jews headed for a nearby concentration camp.

Michigan County Permits Modified Swimwear For Religiously Observant

In Ann Arbor, Michigan, the Washtenaw County Park and Recreation Commission has for the first time adopted a swimwear policy to accommodate individuals who cannot wear traditional swimsuits for religious reasons. Last week the Ann Arbor News reported on the imminent passage of the measure which will accommodate Muslims, Orthodox Jews and the Amish. Park staff will also receive religious sensitivity training to learn about the different faiths practiced by patrons, and the county will offer for sale at swim facilities inexpensive long nylon pants and long-sleeved shirts that meet safety regulations and respect religious requirements.

Indonesia Court Rejects Attack On Child Protection Law

Today's Jakarta Post reports that a 9-judge panel of Indonesia's Constitutional Court has rejected a challenge to a provision in the country's Child Protection Code. Under the law, a person found guilty of persuading children to convert to another religion are subject to five years in jail and/or a Rp 100 million fine. Rev. Ruyandi Hutasoit argued that this violates Indonesia's constitutional provision protecting religious freedom (Constitution, Art. 29). The court held that Hutasoit lacked standing to challenge the law, and that Article 86 of the Child Protection Law did not contradict the Constitution because the statute applies to the use of "tricks, lies or force" to convert children. As result of the ruling, three Christian women jailed last year in West Java for inviting Muslim children to their Sunday school program will stay in prison for three more years.

Defendant Sentenced To Attend Church

In Cincinnati, Ohio, a man convicted of disorderly conduct has received an unusual sentence. Yesterday's Cincinnati Enquirer reports that the defendant, Brett Haines, who used racial slurs and threatened a black cab driver, has been ordered to attend services at any one of Cincinnati's predominantly African-American churches for six consecutive Sundays. Judge William Mallory Jr. was concerned about church-state issues when he offered Haines the optional sentence, so he asked Haines if the alternative would offend his beliefs. Haines said he was not a church-going man but would "absolutely" like to choose church over jail. Haines told his lawyer, Dennis Deters, that the sentence might do some good. Assistant prosecutor Kirstin Fullen did not object. [Thanks to Eugene Volokh via Religionlaw listserv for the information.]

Catholic Group Endorses Alito Nomination

The Christian Communications Network yesterday reported that the Knights of Columbus has endorsed the nomination of Samuel Alito to the U.S. Supreme Court, and has called on "members of the United States Senate to vote in a timely manner to confirm" him. The resolution passed unanimously by the organization's Board says that "during his fifteen years as a federal judge (Alito) has articulated a clear and well-reasoned view of the religion clauses of the First Amendment that is protective of religious liberty and which incorporates an appropriately broad view of the Constitution's guarantee of religious free exercise."

Suit Challenging Philosophy Course On Intelligent Design Settled

A settlement has been reached in the suit filed last week by parents against the El Tejon Unified School District challenging its intersession course in Philosophy of Design. (See prior posting.) The course at Frazier Mountain High School in Lebec, California had originally been defended as a philosophy class meant to introduce students to both Intelligent Design and evolution. It turns out, however, that the course, taught by a minister's wife, was one-sided, almost all about Biblical creationism, and not about intelligent design. The Associated Press reported yesterday on the settlement (full text) in which the school district agreed it would not in the future offer any "course that promotes or endorses creationism, creation science, or intelligent design." Teacher Sharon Lemburg who had developed the course defended it in a letter to the editor of the local newspaper, Mountain Enterprise, writing "I believe this is the class that the Lord wanted me to teach." Americans United for Separation of Church and State, which has issued a release on the case, represented the parents in the litigation.

New Orleans Mayor Nagin Says God Is Angry

In a Martin Luther King Day speech yesterday, New Orleans Mayor Ray Nagin made a number of controversial remarks about race and religion. CNN today reports that Nagin said New Orleans will remain a "chocolate" city, i.e. mostly African- American, because "It's the way God wants it to be." He also said that "God is mad at America," in part because we are "in Iraq under false pretenses." "He is sending hurricane after hurricane after hurricane, and it is destroying and putting stress on this country," Nagin said. He said God is "upset at black America also." "We are not taking care of ourselves. We are not taking care of our women, and we are not taking care of our children when you have a community where 70 percent of its children are being born to one parent."

California To Consider Changes In Textbooks On Hinduism

The California State Board of Education will review a recommendation of the California Curriculum Commission that a number of corrections be made in textbook discussions of Hinduism. The Indo-Asian News Service reports today that several Hindu groups, including the Hindu American Foundation, have urged the changes. In a press release, Hindu American Foundation president, Mihir Meghani, said: "Hindus throughout the United States are watching this process with concern since the results have broad implications for all Hindus. For many years, Hinduism was taught from a non-Hindu perspective. All that we are asking is that Hinduism be taught as per state law, which asks that the education 'Instill in each child a sense of pride in his or her heritage; develop a feeling of self-worth...; eradicate the roots of prejudice... and enable all students to become aware and accepting of religious diversity while being allowed to remain secure in any religious beliefs they may already have'."

Pat Robertson Charity Receives Millions In Federal Aid

The Virginian-Pilot yesterday carried a long article on the extent to which Pat Robertson's organization has benefited from President Bush's faith based initiative. Despite Robertson's skepticism several years ago about federal money going to religious organizations, his international relief organization, Operation Blessing, last year received $14.4 million in federal funding. Operation Blessing says it carefully follows federal guidelines that insist on church-state separation. It uses the grants for humanitarian relief, not evangelism. The largest amount of federal aid received by Operation Blessing has been $27.7 million of surplus nonfat dry milk from the Department of Agriculture over a two-year period. Operation Blessing then goes to food manufacturers and trades much of the milk for ready-to-eat puddings, soups and other products that are distributed by Operation Blessing trucks.

Meanwhile, the Associated Press reports that Israel is reconsidering its decision to end its cooperation with Pat Robertson on his construction of a Christian heritage park after Robertson apologized for saying Israeli Prime Minister Ariel Sharon's stroke was divine retribution for the Gaza withdrawal. (See prior posting.)

Schools Already Looking At Next Christmas

Attention to the celebration of Christmas in public schools did not stop in December. Today's Hartford, Connecticut Courant reports that the superintendent of the East Windsor, Conn. schools has decided that his district went too far last year in removing holiday decorations. The school had taken down a Christmas tree that had been put up, and told the town's park and recreation department not to advertise its annual Santa Call program or hold its Easter egg hunt in the schools. At the request of parents, the school district has now had its attorney review the case law, and symbols of various religions will be back in the schools next December.

Iraqi Insurgents To Coordinate In Compliance With Sharia

The website Jihad Unspun reports today that six Mujahideen groups in Iraq have formed the "Shura (consultation) Council of Mujahideen in Iraq" to direct the insurgency against the United States and coalition partners in accordance with Sharia (Islamic law). The media departments of the six groups will coordinate annnouncements of their operations through the Shura Council.

Dr. Martin Luther King On Church-State

Today, on Martin Luther King Day, the Wall of Separation blog reviews Dr. King's views on separation of church and state. Here is one quote from Dr. King: "The church must be reminded that it is not the master or the servant of the state, but rather the conscience of the state. It must be the guide and the critic of the state, and never its tool."

IRS Asked To Investigate Two Ohio Churches

Today's New York times reports that a group of 31 religious leaders has sent a complaint to the Internal Revenue Service requesting an investigation of two large churches in the Columbus, Ohio area, Fairfield Christian Church and the World Harvest Church. They claim the churches, that were active in getting out the vote for President Bush in 2004, are now improperly helping Kenneth Blackwell, a conservative Republican running for governor. Both churches denied that any of their activities violated limitations on nonprofit political activity., saying they "endorse values, but not candidates."

Rod Parsley, the pastor at World Harvest Church, has organized Reformation Ohio whose goal is to win 100,000 converts, register 40,000 new voters and help the poor. The Ohio Restoration Project, a nonprofit organization led by Rev. Russell Johnson, Fairfield's minister, has said its goal is to create an army of "Patriot Pastors" to help increase the participation of church members in this year's statewide elections.

Recent Articles of Interest

From SSRN:

Robert K. Vischer, Associate Professor of Law, St. Thomas University, Conscience in Context: Pharmacist Rights and the Eroding Moral Marketplace.

From SmartCILP:

• University of Baltimore Law Professor Kenneth Lasson, Incitement In the Mosques: Testing the Limits of Free Speech and Religious Liberty, 27 Whittier Law Rev. 3-76 (2005) .
• Hastings Law School Prof. Calvin Massey, The Political Marketplace of Religion, 57 Hastings Law Jour. 1-54 (2005).
• Pepperdine Law School Prof. Joel A. Nichols, Religious Liberty In the Thirteenth Colony: Church-State Relations in Colonial and Early National Georgia, 80 New York Univ. Law Rev. 1693-1772 (2005).
  

Free Exercise Issues Continue To Arise In Malaysia

Two recent developments illustrate the continuing effort in Malaysia to enforce the protection of religious liberty found in the country's Constitution. Yesterday, the Khaleej Times reported that Malaysia's Education Ministry has overturned a school's attempt to force a Sikh student to shave off his facial hair, kept for religious reasons. The Ministry ruled that religious practices should be permitted if they are not extreme. Senior ministry official Khusaini Hasbullah said that for the Sikhs, this means they can wear a turban and keep facial hair.

The Financial Times yesterday reported more broadly that Malaysia is reviewing its Islamic religious laws after recent protests that they infringe on the rights of non-Muslims and women. However, the review will not challenge the jurisdiction of Sharia courts over family law issues. Last week, the government suspended a new Islamic family law bill criticized as injurious to women. Prime Minister Abdullah Badawi has also promised clarification of laws on religious conversion to Islam after a recent dispute over the Islamic burial of an ethnic Indian whose religious affiliation was in dispute. (See prior posting.)

Unemployment Compensation Awarded To Seventh Day Adventist

Last week in Gent v. Pride Ambulance Co., (Ct. App. MI, Jan. 12, 2006) a Michigan appellate court found that a Seventh Day Adventist who refused to work as a paramedic on Saturday, her Sabbath, was nevertheless entitled to unemployment compensation payments. A rule of the Michigan Employment Security Commission provides :"An individual who refuses to work on the Sabbath designated by his or her religion ... solely because of conscientious observance of the Sabbath as a matter of religious conviction shall not, for that reason, be disqualified from receiving unemployment benefits."

Tribes Lose Bid To Stop Snowbowl Upgrades

Last week, in The Navajo Nation v. U.S. Forest Service, (D. Ariz., Jan. 11, 2006), an Arizona federal district court rejected efforts by various Indian tribes to prevent the U.S. Forest Service from upgrading facilities at the Arizona Snowbowl, an existing ski area in the Coconino National Forest. (See prior posting.) Plaintiffs claimed that the proposed upgrades, especially the use of reclaimed water to make snow, "will have negative, irreversible, and devastating effects to their religious, traditional and cultural practices". However the court rejected plaintiff's First Amendment and RFRA claims, finding that the government's land management decision did not impose a "substantial burden" on plaintiffs' religious practices, and that the government has a compelling interest in managing the public land for recreational uses.

The court said: "The evaluation of when the government's land management decisions cross the line from legitimate conduct to unconstitutional prohibitions on the free exercise of religion cannot depend on measuring the effects of a governmental action on a religious objector's spiritual development." It found: "The Snowbowl decision does not bar Plaintiffs' access, use, or ritual practice on any part of the Peaks. The decision does not coerce individuals into acting contrary to their religious beliefs nor does it penalize anyone for practicing his or her religion. Indeed, Defendants have committed ... to ensuring that religious practitioners will have access to the 777-acre SUP area and the approximately 74,000 remaining acres of the Peaks for religious purposes."

The court concluded: "While Plaintiffs may find it offensive that lands that have cultural and religious significance to them also host recreational activities, this cannot justify a "religious servitude" over large amounts of public land. "

GA Court Refuses To Enjoin County Commission Opening Prayers

The Atlanta Journal Constitution reports that on Friday, an Atlanta, Georgia federal district court, in a 65-page order, refused to issue a preliminary injunction against the Cobb County Commission's practice of opening its sessions with a prayer. Judge Richard Story said the plaintiffs had not proven that the Commission's practice of inviting clergy of various faiths to deliver an opening prayer resulted "in the impermissible appearance of an official preference for one sect or creed to the exclusion of others." The court explained: "To be sure, many of these speakers, in offering their invocations, identify the deity to whom they direct their prayer. In that respect, they surely convey their alignment with one religious creed to the exclusion of others. But viewed cumulatively, given the diversity in the denominations and faiths represented, it is difficult to extrapolate from any one speaker's affiliation the preference on the part of the Cobb County government." The suit, captioned Pelphrey v. Cobb County, was filed by the Georgia Civil Liberties Union. (See prior posting.) The text of the complaint, plaintiff's motion for a preliminary injunction and the GCLU's press release upon filing the case are available at its website.

UPDATE: The full opinion in BATS v. Cobb County is now available at 2006 U.S. Dist. LEXIS 1428 (ND Ga., Jan. 13, 2006).

President Proclaims Jan. 16 As Religious Freedom Day

President George W. Bush has issued a Proclamation declaring January 16 as "Religious Freedom Day". It celebrates the 220th anniversary of the 1786 Virginia Statute for Religious Freedom, as well as the protection of religious freedom in the First Amendment.

Zoning Exclusion of Church Upheld

In Petra Presbyterian Church v. Village of Northbrook, 2006 U.S. Dist. LEXIS 876 (ND Ill., Jan. 11, 2006), an Illinois federal district court dismissed statutory and constitutional claims by a Presbyterian church that was refused permission to locate in an area zoned for industrial use. The court held that under RLUIPA, the requirement in Northbrook's zoning code that the church locate somewhere other than an industrial park was not a substantial burden on the church's exercise of religion. It also found that alleged discriminatory treatment of churches was remedied when the village amended its zoning code to exclude business-related organizations that were previously permitted in industrial zones. It also found that the statute of limitations had run on some of the church's constitutional claims.

Standing To Challenge Spending Promoting Faith-Based Initiative Upheld

On Friday, the U.S 7th Circuit Court of Appeals, by a vote of 2-1, held that taxpayers have standing to bring an Establishment Clause claim challenging Executive Branch spending on conferences to promote President Bush's "Faith-Based and Community Initiatives." At issue in Freedom From Religion Foundation, Inc. v. Chao (7th Cir., Jan. 13, 2005) was the question of whether taxpayer standing extends to situations in which there is no specific earmarking of funds by Congress for the challenged activity, and instead the spending comes from a general appropriation by Congress. Judge Posner wrote the majority opinion, and Judge Ripple dissented.

UPDATE: Here is further discussion and analysis of the case by Profs. Ira Lupu and Robert Tuttle.

Canadian Study Urges Legalization of Polygamy

A new study commissioned by the Canadian federal government recommends the legalization of polygamy and legislation to help women and children living in plural relationships. Friday's National Post reported on the study conducted by three law professors at Queen's University in Kingston. The drafters said that the current polygamy ban may well be unconstitutional under the Canadian Charter of Rights and Freedoms as a violation of freedom of religion. Polygamy has been practised for more than 60 years in Bountiful, British Columbia by a fundamentalist Mormon community living there. Last year, the RCMP investigated allegations of child abuse and sexual exploitation by the group, but no charges were filed.

Free Exercise Claim In Custody Order Rejected

On January 10, in Annette F. v. Sharon S., a California appellate court rejected a free exercise claim challenging a child custody order entered in a dispute between a child's birth mother and his adoptive mother, who were formerly lesbian partners. The birth mother, who practices Orthodox Judaism as a member of a Chabad congregation, argued that the trial court's time-share order must be reversed because it interferes with her weekly observance of Shabbat with her son. The adoptive mother , who is Christian, wished to expose their son to Reconstuctionist Judaism on some Saturdays. The court held that the birth mother had forfeited her constitutional claim by not raising it earlier, and even if that is not the case, that the claim lacks merit. The court indicated approval of the trial judge's finding that exposing the child to multiple Jewish practices can provide him with a better sense of Jewish religion and tradition.

Prisoner May Proceed On Communal Worship and Religious Name Allegations

In Shidler v. Moore, 2006 U.S. Dist. LEXIS 892 (ND Ind., Jan. 3, 2006), an Indiana federal district court granted a Muslim prisoner leave to proceed against a prison chaplain and his administrative assistant for damages for denying him access to communal worship. The court also permitted the prisoner to proceed with his claim for damages and an injunction for denying him the ability to send or receive mail using his religious name. Several other claims by the prisoner, including one that the prison had incorrectly listed him as Christian rather than Muslim, were rejected.

NY Appellate Court Rejects Challenge To Required Contraceptive Coverage

Yesterday, a New York appellate court upheld against constitutional attack a provision in the state's Women's Health and Wellness Act that requires employers who offer their employees prescription drug coverage to include coverage for prescription contraceptive drugs and devices. The statute contains an exemption for religious employers such as churches and schools that inculcate religious values and primarily employ persons who share the organization's religious tenets. But the exemption would not cover religiously affiliated social service organizations or hospitals. By a 3-2 decision, the court in Catholic Charities of the Diocese of Albany v. Serio (Dec. 12, 2005) rejected free exercise, establishment clause and free speech challenges by Catholic and Baptist groups. However, the dissenters argued that the provision violated both the U.S. and New York state constitution. Today's New York Law Journal summarizes the decision and points out that a far broader "conscience clause" was specifically rejected by the New York Legislature when the controversial bill was enacted in 2002.

SC Legislator Proposes Mandatory Cadet Prayer At Citadel

In 2003, The Citadel, in South Carolina, dropped its tradition of a mandatory mealtime prayer led by cadets, and instead instituted a period of silence before each meal at which a cadet merely has the option to pray silently. The change came after the U.S. 4th Circuit Court of Appeals struck down mandatory prayer at Virginia Military Institute. (CNN report.) Now a South Carolina legislator is attempting to reintroduce mandatory mealtime prayer at the Citadel. State Rep. Wallace Scarborogh told WCIV News (Charleston, SC): "They said that didn't have the legal authority to have prayer so I said well if they don't have the legal authority let's give them the legal authority."

Governor's Grant To Rebuild Historic Church Questioned

In Chicago last week, the historic Pilgrim Baptist Church, the birthplace of gospel music, went up in flames. Apparently the fire was caused by workers using a blow torch to repair a leaking roof. According to the Chicago Sun-Times, on Monday Governor Rod Blagojevich pledged $1 million of state money to help restore the facility. The Governor's spokeswoman, Cheryle Jackson, said "It's not going to the rebuilding of the church itself, so it doesn't violate constitutional role of separating church and state." The grant will come from the capital project fund that is used for community investments ranging from hospitals to schools. The grant to Pilgrim Baptist will go toward rebuilding the administration building, which housed a school, as well as historical documents.

Some are still questioning the legality of the Governor's move. Eric Zorn wrote in yesterday's Chicago Tribune: "Forget for a moment that the Illinois Constitution explicitly forbids funding schools that are controlled by churches. Reflect instead that any dollar the church doesn't have to spend rebuilding its school is a dollar it does have to spend rebuilding its sanctuary for Christian worship."

Scout Troops Feel Impact of Earlier Court Decision

The North Scott Press (Eldridge, Iowa) on Wednesday carried a long, interesting article on the impact of last summer's decision by an Illinois federal district court that government support of the Boy Scouts, to the exclusion of other groups, violates the Establishment Clause because of the religious component in scouting. In Eldridge, the charter of a Cub Scout Pack has been transfered from a public school to an American Legion group. After the decision in Winkler v. Chicago School Reform Bd. of Trustees finding an Establishment Clause problem in Pentagon funding of the Boy Scout Jamboree, scout organizations began to fear ACLU challenges to troops sponsored by governmental organizations. The problem affects troops affiliated with military bases, as well as those chartered by public schools.

There is no problem with scout groups meeting in schools, when the facilities are open to other groups as well. But, according to Ben Stone, executive director of the Iowa ACLU, "Chartering creates a special status and gives (the BSA) special treatment. Government should exercise their discretion and make the decision to not allow local taxpayer funds to be used to subsidize religious discrimination and discrimination on the basis of sexual orientation."

Jewish Group Denies Wrongdoing In Ties To Abramoff

The Seattle Weekly has published the full text of a long e-mail message that has been widely circulated and posted online by Rabbi Daniel Lapin, responding to charges that he was connected to the Jack Abramoff lobbying scandal. Lapin, the head of a conservative Jewish group, Toward Tradition, talks about the role of Abramoff on his organization's board of directors, and about his personal friendship with Abramoff. Lapin says that Toward Tradition conducted itself with integrity and propriety.

Jack Abramoff's Plea Agreement included an Attachment setting out the factual basis for the plea. It included the following paragraph:

...Abramoff and others sought Staffer A's agreement to perform a series of official acts , including assisting in stopping legislation regarding internet gambling and opposing postal rate increases. With the intent to influence those official acts, Abramoff provided ... ten equal monthly payments totaling $50,000 through a non-profit entity to the wife of Staffer A.

Lapin says that the non-profit referred to was Toward Tradition. However, he says, the payments were for work actually done for the group in organizing conferences; and the amounts were typical of fees charged for this kind of work. Lapin said that it is not uncommon for donors to make specific gifts for specific purposes, so they thought that this was a completely legitimate arrangement.

Alito Discusses Religion Clause Views At Hearing

For the first time during his nomination hearings, yesterday Judge Samuel Alito discussed at some length his views on the Establishment and Free Exercise clauses. The discussion came during questioning by Sen. Sam Brownback, R-Kan. The testimony is summarized in an Associated Press report. The full transcript was reprinted by the Washington Post. The exchange focused on several of Alito's Third Circuit opinions, and produced nothing in the way of surprises about his views.

City Councilman Challenges Council's Prayer Policy

In Virginia, according to today's Free Lance-Star, Fredricksburg City Councilman Hashmel Turner has filed suit in federal district court claiming that the city's policy of prohibiting sectarian prayers at city council meetings violates his First Amendment rights. Turner, who is a Baptist minister, has traditionally invoked the name of Jesus when giving an opening prayer at council meetings. In response to an ACLU complaint, city council adopted a policy of requiring opening prayers to be nondenominational. Then the Mayor excluded Councilman Turner from the prayer rotation because of his refusal to abide by that policy. Represented by the Rutherford Institute, Turner claims that City Council is engaged in an unlawful attempt to prescribe the content of prayers at City Council meetings. The suit claims this violates Turner's rights to free speech, free exercise of religion, and equal protection of the law, as well as the Establishment Clause. The Rutherford Institute has also issued a release explaining the lawsuit, and arguing that Fourth Circuit precedents on the issue have created "confusion".

Trial of Muslim Cleric For Soliciting Murder Begins In Britain

In London on Wednesday, the criminal trial against Islamic cleric Abu Hamza Al Masri began in Old Bailey. He is charged with soliciting murder and stirring up racial hatred. The Middle East Times reports that prosecutor David Perry said that Hamza, in his sermons and lectures, told his followers that part of their religious duty was to kill apostates and non-believers-- particularly Jews. Perry told the jury that this was not a trial against Islam or the Koran, but about what Hamza said. Perry added: "It is quite clear that no religion condones the murder or killing of innocent men, women or children or the dissemination of hatred and bigotry. Any suggestion that murder and hatred can be wrapped in a cloak of righteousness and justified on the basis of the great religion of Islam and its book, the Koran, is simply incorrect." Hamza denies all the charges.

Roy Moore Officially Enters Alabama Gubernatorial Race

Reuters reports that former Alabama Supreme Court Chief Justice Roy Moore officially entered the race for Alabama governor on Wednesday. Moore became famous for setting up, and then refusing to remove, a large 10 Commandments monument in the Alabama state judiciary building. His defiance of court orders eventually led to his removal as Chief Justice in 2003, but his stance endeared him to many Christian fundamentalists.

Israel May Not Give Robertson Land For Center After His Remarks

According to the January 13 edition of the Forward, the Israeli Tourism Ministry may block Rev. Pat Robertson's plan for an evangelical center alongside the Sea of Galilee, after Robertson suggested last week that Prime Minister Sharon's stroke was a punishment from God. The Israeli government was planning to furnish the land for the center free of charge, until Robertson's remarks last week on his television program, "The 700 Club." Government spokesman Ido Hartuv said the Tourism Ministry may pursue the plan for the Christian center with other evangelical leaders. He also suggested that the rejection of Robertson might not be final, saying , "We just want to find out what are the reasons for his statement. Maybe we didn't get him like he meant to be."

Navy Chaplain Ends Protest Fast

The Washington Post reported yesterday that Navy Chaplain James Klingenschmitt ended his 18-day hunger strike in front of the White House in protest of what he said were Navy restrictions on his preaching Christianity. A Navy spokesman said that chaplains are free to pray as they wish in any military chapel or worship service. But in other settings that are essentially secular in nature, such as a retirement or memorial ceremony attended by personnel of many faiths, they are asked to offer nonsectarian prayers. At one point, Klingenschmitt was told he could not wear his Navy uniform during the hunger strike. Klingenschmitt vowed that he would not eat "until the president gives me back my uniform and let's me pray in the name of Jesus." Ultimately he was permitted to wear if he was conducting a bona fide worship service in front of the White House. He broke his fast with a communion wafer. [Thanks to Blog from the Capital for the information.]

Concerned Women Group Supports Alito, Citing Religion Views

Concerned Women for America yesterday issued a statement supporting the confirmation of Supreme Court nominee Samuel A. Alito. CWA is a public policy organization dedicated to Biblical principles. Commenting on the first day of hearings, the group said:

Yesterday, Democrats on the Senate Judiciary Committee tried to make Justice O’Connor the gold standard to which they will hold Judge Alito. Nothing could be worse, especially when it comes to protecting our first liberty, religious liberty. After all, O'Connor thinks it violates the Establishment Clause to publicly display the Ten Commandments.

Judge Alito has consistently protected the free exercise rights of all religious people, including Christians, Jews, Muslims, Native Americans and the artwork of a young school boy thankful for Jesus. He has ruled against government actions that discriminate against or unfairly burden religion, and he has rejected government attempts to use the Establishment Clause to remove all things religious from the public square.

Ohio Board Refuses To Change Standards For Teaching Biology

The Columbus Dispatch reports that at yesterday's meeting of the Ohio Board of Education, a member raised the issue of dropping state guidelines on teaching of biology. After a bitter exchange between board members on whether Ohio's model lesson plan was intended to promote Intelligent Design, the board by a vote of 9-8 refused to reconsider the standards. Two board members were absent. Critics of the standards made their point by having a man dressed as a panda outside the board meeting, carrying a copy of the book Pandas and People. The board's vote appears to open the way for threatened litigation by Americans United for Separation of church and State. (See prior posting.)

Pope Emphasizes Religious Freedom In Address To Diplomats

In the Vatican on Monday, Benedict XVI addressed the traditional meeting of the Pope with the diplomatic corps accredited to the Holy See. (Full text from Zenit News Agency.) Part of the Pope's remaks focused on the need for religious liberty:

by its very nature the Holy See's diplomatic activity is concerned with promoting, among other forms of freedom, the aspect of freedom of religion. Unfortunately, in some states, even among those who can boast centuries-old cultural traditions, freedom of religion, far from being guaranteed, is seriously violated, especially where minorities are concerned.

Here I would simply recall what has been laid down with great clarity in the Universal Declaration of Human Rights. Fundamental human rights are the same on every latitude; and among them, pride of place must be given to the right to freedom of religion, since it involves the most important of human relationships: our relationship with God. To all those responsible for the life of nations I wish to state: If you do not fear truth, you need not fear freedom! The Holy See, in calling for true freedom for the Catholic Church everywhere, also calls for that freedom for everyone.

Kentucky Governor Urges Teaching of Intelligent Design

Kentucky governor Ernie Fletcher does not appear to be convinced by recent defeats in the courts for advocates of teaching intelligent design. In an interview with the Associated Press after his State of the Commonwealth speech on Monday, Fletcher said Kentucky schools should consider teaching intelligent design along with other ideas of how the world began. Explaining his support for this approach, Fletcher said: "Our inalienable rights are based on the self-evident truth of those endowed inalienable rights. And all I was saying is that from my perspective that's not a matter of faith and it's not a matter of religion. It's a matter of something called self-evident truth."

Lessening Church-State Ties Recommended In Norway

In Norway, a commission set up in 2003 is expected to recommend shortly a loosening of the ties between church and state in the country. Ekklesia today reports that 14 of the 20 commission members favor relaxing the ties between church and state, without moving to a complete separation. Included in that group is a Muslim member of the commission. Four commission members want total separation, while 2 members favor the status quo. Since 1537, the king has also been the formal head of the Church of Norway, to which 85% of Norwegians belong.

Ohio May Be Next Battlefield On Intelligent Design

Ohio may become the next venue for the battle over the teaching of Intelligent Design in the public schools. (See prior posting.) Yesterday's Ohio State Lantern reported that Americans United for Separation of Church and State is collecting documents from the state under a public records request in anticipation of filing a lawsuit against Ohio's Model Lesson Plan on Critical Analysis of Evolution if the state board of education does not change the model curriculum. Meanwhile, the Ohio Board of Education meets today for the first time since the federal court decision striking down Dover, Pennsylvania's policy on Intelligent Design. The Ohio Citizens for Science, along with faculty members from Ohio State University, plan to lobby the board to change the standards, even though the issue is not on the agenda for Tuesday's meeting.

Ohio State University Trustee Brian Hicks lobbied the Ohio Board of Education for the current science curriculum, which encourages the teaching of alternatives to evolution, when he was chief of staff to Governor Bob Taft. However, Ohio State University's Senate, and Faculty Council, as well as the Inter-University Council of Ohio (on which OSU President Karen A. Holbrook sits), have all passed resolutions opposing the state board's science standards and curriculum. Currently trustee Hicks will not answer questions about his position on intelligent design or the state board's science curriculum unless the same questions are presented to every member of the Board of Trustees.

Canadian Prime Minister Proposes Constitutional Amendment To Strengthen Religious Freedom

In Canada yesterday, the website of the Liberal Party reported that Prime Minister Paul Martin has proposed a constitutional amendment to end Parliament’s ability to invoke the "Notwithstanding Clause" in Section 33 of the Canadian Charter of Rights and Freedoms which presently permits Parliament to override the Charter's protections-- including its guarantee of freedom of conscience and religion-- for up to 5 years. Under the proposal, provincial legislatures would still be able to invoke the clause.

Cert. Denied In AmeriCorps Teacher Funding Case

The Associated Press reports that yesterday the U.S. Supreme Court denied certiorari in American Jewish Congress v. Corporation for National and Community Service. (See prior posting.) At issue was whether the Corporation for National and Community Service may, through the Americorps program, provide education awards to teachers who teach religion as well as secular subjects in religious schools, and whether it may make grants of $400 per trainee to the religious organizations that oversee those teachers-- including six "faith-based" programs. Last year the D.C. Circuit held that the funding did not promote religion in violation of the Establishment Clause. Chief Justice Roberts did not participate in the decision on the petition. The American Jewish Congress expressed regret that its cert petition was not granted.

More on Michigan Decision Permitting Carrying of Kirpan

Today's Detroit, Michigan News reports that Wayne State University is reviewing its public safety policies on carrying of knives after a Detroit judge ruled a Sikh student's religious right were infringed when he was arrested for carrying a kirpan. Elaborating on an earlier report about the case, the paper reported on the opinion written by Judge Rudy Serra of the 36th District Court. He held that Detroit's knife ordinance was intended to apply to people carrying "a knife as a weapon or for some unlawful purpose," not someone like Sukhpreet Singh Garcha who was carrying a kirpan for religious reasons. "There is no question that forbidding him from wearing the kirpan imposes a burden," Serra wrote. "It would be similar to an ordinance that made it illegal to wear a cross or a Star of David."

Alito Hearings Live On Internet

Many PBS stations, as well as others, will be webcasting the Samuel Alito nomination hearings live, beginning at noon today. Here is the link to listen at Greater Washington DC's, WETA.

Religion Clause blog has had many background postings on Judge Alito and his views on religion clause issues. To see them, type in "Alito" as a search term at the top of this page and click on "Search This Blog".

Full Opinion Refusing To Amend Indiana Legislative Prayer Ban Now Available

Federal district Judge David Hamilton's full opinion refusing to amend his earlier order prohibiting sectarian prayer in the Indiana legislature has now become available. (See prior postings 1, 2 .) Largely unreported before was he fact that Hinrichs v. Bosma II, (Dec. 28, 2005), contains an interesting holding on standing. While most of the plaintiffs in the case based their claims on their standing as taxpayers, one, Anthony Hinrichs, also was a lobbyist who had listened to many of the prayers. After the trial of the case, Hinrichs' employer, Indiana Friends Committee on Legislation, fired him as a lobbyist because of the litigation and his position on legislative prayer. In its Dec. 28 decision the court held that even though standing of plaintiffs is now based only on taxpayer status, the court is not required to limit its injunction to merely prohibiting the expenditure of public funds on sectarian prayer, but can prohibit such prayers even if they are financed in other ways.

The court also clarified that the injunction purposely did not require the Speaker of the House to obtain advance assurances from those offering legislative prayers that they would be non-sectarian, nor does it require the Speaker to interrupt a prayer if it turns out to be sectarian. But the Speaker must give pointed advice about sectarianism in inviting individuals to deliver prayers. Finally the court clarified what is a "sectarian" Christian prayer. "Prayers are sectarian in the Christian tradition when they proclaim or otherwise communicate the beliefs that Jesus of Nazareth was the Christ, the Messiah, the Son of God, or the Savior, or that he was resurrected, or that he will return on Judgment Day or is otherwise divine. "

Prime Minister Sharon's Treatment and Jewish Law

Brian Murphy, the Associated Press Religion Writer, has put together an interesting article on the Halachic (Jewish law) issues that surround decisions on the future medical treatment of Israeli Prime Minister Ariel Sharon who recently suffered a massive stroke. Even though Sharon led a secular lifestyle, his treatment is likely to become involved in religious disputation.

Jewish law forbids doing anything to hasten death, but it is permissible to remove an "impediment" standing in the way of the natural end of life. Rabbis remain divided over what constitutes an unreasonable obstacle to death. Murphy speculates that any need for life-sustaining equipment could open the kind of religious showdowns in Israel that gripped the United States last year over Terri Schiavo, the Florida woman who died her feeding tube was finally removed.

There are also disagreements among rabbis on how Jewish law defines death. In 1986, Israel's Chief Rabbinate ruled that brain death controlled, but some other rabbis take the position that death occurs only when there is both no respiration and no "movement" in the body. They consider a heartbeat to be movement, even if maintained through life-support. After six years of debate, last month the Israeli Knesset finally passed legislation allowing terminally ill patients to refuse life support. But the law contains an unusual provision: the equipment can only be turned off by an automatic timer to avoid having a health care worker do it. The law has not yet gone into effect.

Danish Muslims Seek Government Action Against Paper For Drawings

Danish Muslims are attempting to get governmental officials to take action against a mass-circulation newspaper, the Jyllands-Posten, over 12 drawings that appeared in the paper last September. They depicted the Prophet Muhammad in different settings, including one showing him wearing a turban in the shape of a bomb. The local attorney general in the city of Viborg, the seat of the High Court of Western Denmark, has refused to prosecute. Local Muslims now plan to petition the federal attorney general to take action. If that does not lead to results, a suit could be filed before the European Human rights Commission, according to Islam Online that reported on the situation yesterday.

US Troops In Afghanistan Given Cards On Muslim Practices

The New York Times today reprints excerpts from the wallet-sized cultural sensitivity cards that the military has distributed to all 19,000 American troops in Afghanistan. Much of the text is devoted to understanding and respecting Muslim religious practices. The cards were distributed in order to prevent incidents like the burning of the bodies of two dead Taliban fighters in October that created backlash in the Muslim world.

Saudi Arabia Accuses Iraq In Distribution of Hajj Permits

In Saudi Arabia, the Hajj begins today. Saudi Arabia's Ministry of Pilgrim Affairs has accused Iraq's Shi'ite-dominated government of distributing pilgrimage permits on a sectarian basis to favor Shi'ites over Sunnis. The report appears in yesterday in Malaysia's Star. Sunni Islam prevails in Saudi Arabia. The Ministry has also accused Iraq of exaggerating its population in order to get more pilgrims admitted. The comments came after reports in the Arab media that Iraqi Prime Minister Ibrahim al-Jaafari claimed Saudi authorities had not allowed some Iraqi pilgrims into the country.

New Books Focus On Impact of Religion On Law and Policy

Two new books are discussed at length in reviews made available online. At Mirror of Justice, Patrick Brennan has posted his review of David Yamane's new book, The Catholic Church in State Politics: Negotiating Prophetic Demands & Political Realities (Rowman & Littlefield Publishers, 2005).

In Tikkun Magazine, Michael Lerner writes a lengthy Editorial titled "Hostile Takeover: Theocracy in America". It reflects the thesis of his new book The Left Hand of God: Taking Our Country Back from the Religious Right (Harper San Francisco, February 7, 2006). [Thanks to Jesus Politics for the lead.]

Faith-Based Funding Goes To Secular Programs In New York

Today's Westchester, New York Journal News says that most of the programs in New York that have been listed by the White House as receiving money in 2003-04 under the President's Faith-Based Initiative are not really religious programs. While the recipient organizations have a religious affiliation in their title, the funded programs are non-sectarian social welfare programs without a religious component.

BJC Analyzes Alito's Religion Decisions; Will Blog Hearings In Real Time

The Baptist Joint Committee for Religious Freedom on Friday issued its analysis of Supreme Court nominee Samuel Alito's views on church-state issues. It concludes, "Alito's church-state record is mixed. While some of his free exercise opinions suggest a strong commitment to protecting religious rights, his record on applying the Establishment Clause to protect religious freedom is less promising."

Senate hearings on Alito's nomination are scheduled to begin Monday. Don Byrd, who writes BJC's "Blog from the Capital", will be live-blogging the hearings, with special emphasis on the religious liberty and church-state issues that are addressed in the hearings.

Impact of Dover Intelligent Design Case Debated

Around the country, the implications of the Kitzmiller case-- which struck down the teaching of intelligent design in the Dover, Pennsylvania school system-- are being debated. On Friday, the Akron, Ohio Beacon Journal reported that Lawrence Krauss, a professor of physics and astronomy at Case Western Reserve University, told an Akron Press Club audience that Ohio's model lesson plan on the teaching of evolution is unconstitutional if the approach of Kitzmiller is applied. Most of Ohio's model lesson plan, called Critical Analysis of Evolution, is "directly from the book Of Pandas and People, which was the book that was shown in the Dover trial to be based on religion, not science," Krauss said. However, Ohio Department of Education spokesman J.C. Benton disagreed. He argued that unlike the Dover plan, Ohio's lesson plan does not mention intelligent design nor require that it be taught.

UPDATE: The Columbus Dispatch reports (Jan. 8) that pressure is growing for Ohio's state board of education to reconsider its controversial science standards.

Meanwhile, in California, school officials are faced with the question of whether it is permissible to teach intelligent design in a philosophy class, instead of in biology. The Associated Press on Friday reported that in Lebec, California, the school board, by a 3-2 vote, approved the teaching of a 4-week winter session class titled "Philosophy of Design". The course, offered by Frazier Mountain High School, is being taught by a minister's wife. Three experts on intelligent design are scheduled to speak while two evolution experts listed as guest speakers for the course are in fact not coming. One disagrees with the course, and the other listed guest speaker died in 2004. Glenn Branch, deputy-director of the National Center for Science Education said, "It doesn't matter if they label it philosophy, science or home ec. For this to be endorsed as scientifically credible is a violation of church-state separation." State Superintendent of Public Instruction Jack O'Connell, who has opposed teaching intelligent design as science, however, said "In a true philosophy class, if it's one of many concepts being discussed, I have no problem."

UPDATE: AP reported on January 10 that a suit on behalf of 11 parents has been filed by Americans United for Separation of Church and State challenging the Frazier Mountain High School course. UPDATE: Here is the text of the complaint. [Thanks to Dispatches From the Culture Wars.]

British Liquor Laws Impede Purchase of Altar Wine

The London News Telegraph reported Friday that Britain's new liquor laws which allow pubs to be open longer hours have had an unanticipated effect in another area. New licensing provisions for stores selling alcoholic beverages have made it more difficult for churches to buy wine for the altar. All but three of the 30 Christian bookshops run by the Society for Promoting Christian Knowledge, have stopped selling wine, and now the St Albans Diocesan Resources Centre, Herts, is also giving up. Many churches now have to buy wine in supermarkets.

German Muslims Challenge Questioning of Visa Applicants

In Germany, the Central Council of Muslims is challenging a regulation imposed by the Democratic Christian/Liberal-controlled German Federal state of Baden-Wertenberg. It requires every foreigner applying for a visa who wants citizenship in the state to answer a questionnaire about religious beliefs. Reports this week in Expatica and from Presna Latina differed somewhat in details. Apparently the questions are submitted to every applicant, but special attention is given to those from any of the 57 countries of the Organization of the Islamic Conference . Questions include ones such as, "Imagine that your adult son comes to you and says he is homosexual and plans to live with another man. How do you react?" Other questions include views on a wife obeying her husband; whether Muslim men are willing to be treated by female doctors in Germany; and views on forced marriage and changing religion. The state's Interior Ministry officials defend the questions, saying a segment of Muslim society in Germany does not view its faith as something which can conform to the nation's constitution.

White House Criticizes Religious Leader's Comments About Ariel Sharon

Haaretz today reports that White House spokesman Trent Duffy sharply criticized Christian broadcaster Pat Robertson for suggesting that Prime Minister Ariel Sharon's stroke was divine retribution for Sharon's withdrawal from the Gaza Strip and some West Bank settlements. On his radio program, The 700 Club, Robertson said: "[Sharon] was dividing God's land, and I would say woe unto any prime minister of Israel who takes a similar course to appease the EU, the United Nations, or the United States of America. God says, 'This land belongs to me. You better leave it alone.'" White House spokesman Duffy's reaction was: "Those comments are wholly inappropriate and offensive and really don't have a place in this or any other debate." (Transcript of Duffy's statement.)

People for the American Way has a transcript and video of Robertson's remarks on its website. Subsequently according to CBN, a Robertson spokesperson issued a statement about Robertson's comments, criticizing "People for the American Way, who have a clear left-wing political agenda and who, on an ongoing basis, lift [Robertson's] comments out of context and widely circulate them in an attempt to discredit him."

Law School Clinic Loses In 8th Circuit In Refusal To Represent Client

In Wishnatsky v. Rovner, decided yesterday by the U.S. 8th Circuit Court of Appeals, the University of North Dakota Law School's clinical program has lost the first round of a battle in its refusal to represent a client who wished to challenge the display of a statue of Themis, the Greek goddess of justice, on the top of the Grand Forks County court house.

Martin Wishnatsky had previously, in a letter to the editor of the local newspaper, criticized the law school clinic for taking a case seeking removal of the 10 Commandments from public property. He then requested assistance from the clinic to develop a lawsuit on the same basis challenging the pagan statue, claiming that viewing it made him feel like a second-class citizen. The clinic refused, saying that its current case load and limited resources precluded it from taking new cases at the time. But the clinic's director, Laura Rovner, added in her letter to Wishnatsky, "your persistent and antagonistic actions against the Clinical Education Program and faculty involved would adversely affect our ability to establish an effective client-attorney relationship with you and would consequently impair our ability to provide legal representation."

Wishnatsky sued, claiming that the denial of legal services on the basis of his criticism of the clinical program and its director violated his free speech and equal protection rights. The federal district court agreed, but yesterday the Court of Appeals reversed the trial court's judgment on the pleadings. It said: "No concern about the operation of traditional government functions supports a rule that permits institutions of higher education -- traditionally bastions of free speech and the vigorous exchange of ideas -- to discriminate on the basis of viewpoint in the administration of a clinical legal program." The appellate court added that while "decisions of a clinical program about which cases and clients to accept in an academic environment should be entitled to substantial deference", its justifications are factual defenses and should not be disposed of in a motion on the pleadings. (Here is AP coverage of the case.)

Justice Sunday III Host Criticized For Political Ties

On Tuesday, Americans United for Separation of Church and State issued a release criticizing Philadelphia Pastor Herb Lusk, who, on Sunday, is hosting the "Justice Sunday III" rally. The event, which will be held at Lusk's Greater Exodus Baptist Church, will be broadcast nationwide. It is designed to rally support for the confirmation of Supreme Court nominee Samuel Alito Jr. Americas United said that Lusk has a long history of partisan activity on behalf of Republicans and has been awarded more than $1 million in "faith-based" grants by the Bush administration. Yesterday's New York Times explored Lusk's background further.

Rev. Barry W. Lynn, exeutive director of AU, said: "Government funding too often sucks churches into partisan politics. After all, if church leaders want to keep the pipeline to tax funding open, they had better back administration policies."

Pennsylvania Senator Rick Santorum will be among those speaking at the Justice Sunday rally, according to yesterday's Pittsburg Post-Gazette.

Church's Libel Suit Rejected

Harvest House Publishers v. The Local Church, decided January 5 by a Texas state court of appeals, has rejected a libel claim by a church against a publisher and two authors who included the church in The Encyclopedia of Cults and New Religions. The court held that merely being labeled a "cult" is not actionable because the truth or falsity of the statement depends on one's religious beliefs which should not be tried in a court of law. Similarly accusing a church of accepting occult powers or promoting idolatry are statements concerning religious beliefs that cannot be proved true or false. While some of the characteristics of cults discussed in the book may have been defamatory, the court held that it cannot reasonably be found that those characteristics were attributed to every group discussed in the book.

Recently Published On Religion, Law and Politics

Recently published Books of interest:

• Former Senator Gary Hart has published God and Ceaser In America: An Essay On Religion and Politics (Fulcrum Books, Nov. 2005).
• Glenn Feldman, ed., Politics and Religion in the White South (University of Kentucky Press, 2005).
• Peter W. Edge. Religion and Law-- An Introduction (Ashgate, 2005).

Articles from SmartCILP:

• Boston University Law Professor Jay D. Wexler, The Scopes Trope, (Reviewing Larry A. Witham, Where Darwin Meets the Bible: Creationists and Evolutionists in America), 93 Geogetown Law Jour. 1693-1721 (2005).
• David L. Abney, Religion and Housing for the Homeless: Using the First Amendment and the Religious Land Use Act to Convert Religious Faith Into Safe, Affordable Housing, 8 Scholar: St. Mary’s Law Review on Minority Issues 1-15 (2005).
• B. Jessie Hill, Putting Religious Symbolism in Context: A Linguistic Critique of the Endorsement Test, 104 Mich. L. Rev. 491-545 (2005).
• Alenka Kuhelj, Religious Freedom in European Democracies, 20 Tulane European & Civil Law Forum 1-35 (2005).
• Eric Stein, The Church and the Constitution for Europe: On the Margin of ... (Reviewing Joseph Weiler, Un' Europa Cristiana -- Un Saggio Esplorativo.) 11 Columbia Journal of European Law 451-460 (2005).

From Bepress:

• Haoliang Wu and Bingbin Lu, Prior Consents: Preventing Offensive Genetic Engineering Patents Against Indigenous People's Rights, Global Jurist Frontiers: Vol. 5: No. 1, Article 3 (2005).
• Brendan Michael Groves, Winning Wirzburger and Defeating the Blaine Amendments: Arguing Present Efficacy Instead of Past Intent (2005).

Court Finds Muslim Prisoner's Dietary Requirements Were Met

In Cox v. Kralik, 2005 U.S. Dist. LEXIS 37826 (SDNY, Dec. 29, 2005), a New York federal district court rejected a Muslim prisoner's free exercise claim. It held that a prison facility need not offer him Halal food when it had given him a choice of a kosher or vegetarian diet, either of which he could eat without violating his religious beliefs.