Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Monday, February 20, 2006
No Federal Court Jurisdiction In Priest Abuse Case
Science Association Denounces States' Anti-Evolution Efforts
Sunday, February 19, 2006
Private Maryland Center Refuge For Christian State Legislators
Inside A High School Bible Class
At Harris's class last week there was nothing close to preaching. He asked students questions about aspects of the Bible, like which events in world history explained why the Old Testament was written in Hebrew and the New Testament in Greek. At another, he talked about the tensions leading to the Protestant Reformation. But other moments arguably reinforced a traditional brand of Christian thinking. Harris referred to creation and made statements such as the Bible is one book, which has 66 smaller books, 40 authors and one central theme: "The redemption of man through Jesus Christ."Rick Holliday, New Hanover County School's executive director of instructional services said that the classes have been renamed to reflect a more historical bent. The course that was "In the Beginning" is now "Old Testament I" and "The Life of Christ" is now "New Testament I." The school is also insisting that miracles are not treated as history, but instead as something “the Bible says”. Holliday says that the goal is to give the community what it wants and to follow the constitution, but adds, "That's a tough balancing act".
NH Supreme Court Rejects Foreign Islamic Divorce Of NH Domiciliaries
The court decided that another issue raised by the husband was moot. The trial court's initial temporary decree had ordered the husband "not [to] speak about the Petitioner as a Muslim/Muslim woman to the children or within hearing of the children." Since that provision was not in the final divorce decree being appealed, the Supreme Court held it did not have to determine whether it amounted to an unconstitutional prior restraint on speech.
Closing Arguments In Trial Challenging InnerChange
Lawyers for Americans United argue that the program "requires and coerces inmates to take part in religious activities." They say it discriminates against other religious beliefs, particularly Catholicism, and provides special privileges to participants. These include an opportunity to complete treatment classes required for parole earlier than they could otherwise. Defense lawyers dispute these claims, saying no one is forced to participate and that participants receive no preference for paroles. "Inmates of all faiths and no faiths are welcome," said Anthony Troy, a lawyer for Prison Fellowship. He says that those of other faiths who join the program can continue to observe their traditions
2 Prisoners Successful, 1 Is Not, In 3 Free Exercise Cases
In Bess v. Alameda, 2006 U.S. Dist. LEXIS 6079 (ED Cal., Feb. 16, 2006), a Magistrate Judge in a California federal district court recommended that a motion for summary judgment by prison officials be denied because they had failed to carry their burden of showing that their restrictions on inmates receiving religious books and materials were necessary, nor did they show they were in furtherance of a compelling governmental interest and were the least restrictive means of furthering that interest. Plaintiff, a state prison inmate complained that his free exercise rights under the Constitution and RLUIPA were being violated by a prison mail room practice of returning religious mail to the sender marked "unauthorized", without notice to the inmate to whom it was addressed. He also claimed that greater restrictions were placed on receiving religious books and materials than on comparable secular material.
In Fulbright v. Evans, 2005 U.S. Dist. LEXIS 40240 (WD Okl., Sept. 8, 2005), an Oklahoma federal Magistrate Judge recommended that a permanent injunction be granted that orders state prison officials to furnish plaintiff prisoners with a kosher diet. The opinion rejects defendants' claims that furnishing kosher food would violate the Establishment Clause, and accepts plaintiff's free exercise claims. The opinion concludes that the Department of Correction's "refusal to provide a kosher diet, in light of its provision of religious-based diets for other inmates without negative impact, is not entitled to total deference. Here, the record does not reflect more than a de minimis impact upon DOC's economic resources and does not reflect any significant negative impact upon the other concerns submitted by DOC as rational bases for the current policy."
In Murphy v. Missouri Dept. of Corrections, 2006 U.S. Dist. LEXIS 6118 (WD Mo., Jan. 30, 2006), a Missouri federal district court refused to grant a new trial to an inmate who claimed that erroneous jury instructions were given in his former trial involving free speech and RLUIPA claims. Among the instructions upheld by the court was one that characterized Plaintiff's request for religious accommodation as a request for "racially-segregated group services for the Christian Separatist Church". The court said that "racially-segregated" accurately describes the Christian Separatist Church.
Russian President Cautions About Religious Crimes
Saturday, February 18, 2006
Muhammad Cartoon Reaction Continues; Danish Editor Responds
Meanwhile, Sunday's Washington Post carries an op-ed, Why I Published Those Cartoons, by Flemming Rose, culture editor of the Danish newspaper Jyllands-Posten (the paper in which the cartoons were first published). He says:Nigerian Muslims protesting caricatures of the Prophet Muhammad attacked Christians and burned churches on Saturday, killing at least 15 people in the deadliest confrontation yet in the whirlwind of Muslim anger over the drawings.
It was the first major protest to erupt over the issue in Africa's most populous nation. An Associated Press reporter saw mobs of Muslim protesters swarm through the city center with machetes, sticks and iron rods. One group threw a tire around a man, poured gas on him and set him ablaze.
In Libya, the parliament suspended the interior minister after at least 11 people died when his security forces attacked rioters who torched the Italian consulate in Benghazi.
Right-wing Italian Reforms Minister Roberto Calderoli resigned under pressure, accused of fueling the fury in Benghazi by wearing a T-shirt emblazoned with one of the offending cartoons, first published nearly five months ago in a Danish newspaper.Danish church officials met with a top Muslim cleric in Cairo, meanwhile, but made no significant headway in defusing the conflict.
And in what has become a daily event, tens of thousands of Muslims protested - this time in Britain, Pakistan and Austria - to denounce the perceived insult.
I commissioned the cartoons in response to several incidents of self-censorship in Europe caused by widening fears and feelings of intimidation in dealing with issues related to Islam. And I still believe that this is a topic that we Europeans must confront, challenging moderate Muslims to speak out. The idea wasn't to provoke gratuitously -- and we certainly didn't intend to trigger violent demonstrations throughout the Muslim world. Our goal was simply to push back self-imposed limits on expression that seemed to be closing in tighter.UPDATE: On Sunday, two Saudi papers carried a full-page ad dated Feb. 5 in which Carsten Juste, the editor of Jyllands-Posten, apologized for the cartoons published by his paper. (Reuters.)
2nd Circuit Applies RFRA To Private ADEA Claim
Judge Sotomayor’s dissent argued first that the church and Bishop Lyght had waived reliance on RFRA, and instead were relying only on the free exercise and establishment clauses. Second, the dissent argued that RFRA only applies to claims against the government, and does not apply in suits between private parties. Finally, Judge Sotomayor argued that Congress did not intend the ADEA to apply to the selection or dismissal of clergy by a religious body.
US In Dispute Over Discovery In Suit Against Hollywood, Florida
Justice Department attorney Sean Keveney argued that had the federal government known police were watching Lopez, it would have done its own surveillance to possibly "rebut any testimony offered by the city." Keveney also said the city has provided incomplete information on why it contends Lopez’s home is not a house of worship.
Hindus Split On How Textbooks Should Portray Them
In September the state's Curriculum Commission hired Indian historian Shiva Bajpai, who had been recommended by the foundations, to review the proposals. He endorsed most of the revisions. But just before a November meeting to approve them, 50 other leading professors wrote the board urging it to reject the changes. Over the winter, hundreds of other scholars from the nation's leading research universities also wrote to protest the changes.
In the midst of this, Indian dalits ("untouchable class") in the United States became more vocal. They are demanding that the term “dalit” not be omitted from textbooks, as the Hindu groups want. The dalits also have asked that a photo of a dalit cleaning a latrine be replaced with one of a dalit engaged in a faith practice. They say that it would serve the dalits' cause better if the textbooks said that "untouchability is a living reality in India," instead of accepting the Foundations’ suggestion that to have textbooks read that it is illegal to treat someone as an untouchable. (India West report.)
Dismayed by all of this, the board of education has created a new review committee, held a private meeting and solicited the opinions of non-Hindus. In response, the Hindu American Foundation is considering legal action.
9th Circuit Hears Argument In Library Use Case
On-Premise Aid For Disabled Student At Parochial School Upheld
Friday, February 17, 2006
Grotto Historical Marker OK'd By Kentucky AG's Office
New Hampshire Supreme Court Upholds Bishop's Right To Sell Church Property
Debate On Invocation Gets Ugly In Georgia City Council
Later at the end of the meeting, the agenda called for public comment. At that time, Rev. Smith who was distressed over criticism of his opening prayer stood up to describe his reaction: "I thought I'd died and gone to hell, and the devil said, 'You're not going to pray down here'. Then I looked over to the side and I saw Barry Lurey, a Jew, down here in Hell. Looked and I seen a Catholic down here, and I had to shake myself."
US Palestinians Want Secular Palestinian State; Israeli Arab Parties Push Caliphate
Meanwhile, in Israel, according to Ynetnews, three right-wing parties yesterday asked the Central Elections Committee to disqualify the United Arab List-Ta'al party from running in the upcoming Israeli elections. Arab list chairman Sheikh Ibrahim Sarsur, in a press conference Wednesday, said that the rule on earth, or at least the rule in Arab and Muslim lands should be led by the Caliph. National Union-NRP Knesset Member Yitzhak Levy wrote to Judge Dorit Beinish, head of the the Elections Committee, saying that Sarsur's remarks called for Islamic rule in the state of Israel.
No New Trial For Defendant Told To Hide Cross He Was Wearing
St. Louis Inmate's Free Exercise Claim Moves Ahead
Thursday, February 16, 2006
Teachers May Sue School To Lead Good News Club
Teachers Konnie Pacheco and Paula Radcliffe are consulting with the American Center for Law and Justice about filing suit. School board president Kaaron Jorgen said she worries that representatives for the teachers hope to "use Grand County as a test case" for forcing public schools to allow teachers to teach religion. "It seems it's not about what's good for the kids; it's about adults trying to further their own agenda," she said.
Establishment Clause Challenge To Funding Faith-Based Prison Program Upheld
Italian Court Rules Crucifixes To Remain In Schools
Justice Ginsburg's Relation To Her Judaism Explored
On the walls of Ginsburg's chambers are framed calligraphies of the command from Deuteronomy (in Hebrew), Zedek, Zedek, tirdof ("Justice, justice shalt thou pursue"). Ginsburg points out that she has a mezuzah on the door of her office, and does not place a Christmas wreath there when other doors in the Court are decorated for Christmas. She, along with Justice Breyer, convinced their colleagues to change Court policy so that the Court would not sit on the first Monday in October when that day coincides with Yom Kippur. Asked how being Jewish affects her approach to court cases, Ginsburg replied, "I don't think that I approach cases in a particular way because I am Jewish any more than I do because I' a woman. I have certain sensitivities for both." (The opening paragraphs of the article are available online.)
Congress Urges Proclamation On American Jewish History Month
Europe Continues To React To Muhammad Cartoon Controversy
[UPDATED] Meanwhile, a story published yesterday by Islam Online and now available in Turkish Weekly reported that Norway's parliament had amended the Norwegian Penal Code to criminalize blasphemy, according to Norway's Deputy Archbishop Oliva Howika. Islam Online said that Howika told reporters after a meeting with Sheikh Yusuf Al-Qaradawi, the head of the International Union of Muslim Scholars, in Doha, Qatar, that Norwegian law now clearly prohibits despising others or lampooning religions in any form of expression, including the use of photographs. There is question, though, about the accuracy of this report. Islam Online itself has removed the article, and Judeoscope prints this cautionary statement about the report:
We reported 14 hours ago Islam Online’s claim that Norway had passed an anti-blasphemy law with a word of caution, since Judeoscope was unable to confirm the enws story independently. Calls to Norvegian diplomats and a review of Norway’s press reveal that if the Nordic country had indeed passed such legislation, its parliament is doing a magnificient job at hiding it from its constituents. It is, however, more likely that the report is tantamount to a propaganda ploy reflecting the wishful thinking of Muslim Brother Yusuf al-Qaradawi and his mouthpiece, Islam Online.
Interfax yesterday reported that the Russian Federal Media Control and Cultural Heritage Protection Service says that Russian media publishing articles that may offend people's religious feelings will be subjected to punitive measures, including the annulment of their registration.
UPDATE: Thursday's Washington Post carried an excellent article reviewing on a month-by-month basis developments in the cartoon controversy.
Wednesday, February 15, 2006
Ten Commandments Blurred In Pennsylvania Supreme Court Photo
9th Circuit Hear Arguments In Boy Scouts Case
Afghan MP Urges Women Parliamentarians To Travel With Chaperones
Ontario Bans Arbitration of Family Law Matters By Religious Tribunals
The Canadian Jewish News says that the impact of the new law on Jewish rabbinical courts (Bet Dins) is not completely clear. Apparently it will not impact their ability to issue a get in divorce actions. However, the absence of transitional provisions will call into question previous family law rulings of rabbinical courts that have not yet been incorporated into civil court decrees.
Maine Supreme Court Hears Tuition Voucher Arguments
Two Pennsylvania Prisoner Claims Rejected
In Meggett v. Pennsylvania Dept. of Corrections, 2006 Pa. Commw. LEXIS 66 (Commonwealth Ct., Feb. 13, 2006), a Pennsylvania state court upheld the state prison system's regulations on hair length and styling against a prisoner who wished to wear dreadlocks as part of his Hebrew Israelite faith. The court held that while a practice is protected even when it is not a mandatory tenet of a religious faith, here the policy was a reasonable response to legitimate penological concerns.
Tuesday, February 14, 2006
Ohio Reversal-- No Teaching of Intelligent Design, At Least For Now
Georgia Governor Proposes Constitutional Amendment To Aid Faith-Based Programs
It's Valentine's Day-- So It's Time for A Religious Freedom Lawsuit
Will Scotland Force Catholic School To Become Muslim?
St Albert's Primary school in the Glascow suburb of Pollokshields is a state-funded Catholic school. However, more than 75% of its students are Muslim. Today's Education Guardian reports that pressure is now growing to turn this school, located in the midst of Scotland's largest Pakistani community, into a Muslim school. Currently there are no state-funded Muslim schools in Scotland. Last year, Glasgow's largest mosques and Muslim organizations formed the Campaign for Muslim Schools to press the issue. It's spokesman, Osama Saeed, said, "The national policy on faith schools is that, whenever there is a demand from a faith community, there should be a school. Ergo, there should be a Muslim school here." However Scotland's first minister, Jack McConnell, seems to believe that faith schools can be divisive. He has announced that children from denominational and non-denominational schools will be brought together for various activities like school trips and drama.
Monday, February 13, 2006
Proposed Israeli Constitution Has Controversial Provisions On Religion-State
Paper Features Role Of Police Chaplains
Rev. Jerry Creek of the Southwest Arkansas Baptist Association, a former police chaplain who is now a military chaplain said that he approaches both chaplaincies alike: "No distinctions are ever made about denomination and we don’t push people towards religion. So many men and women are going off to war and many of them have questions. Our response is to ask them if they have accepted Jesus Christ as their Savior or if they are in the process. When they tell us they are in the process, we offer to help them."
Science Education In Ohio Under Examination
Today's Toledo Blade ran an article on what is actually happening in Ohio classrooms. It suggests that some of those teaching intelligent design may have aberrational views about other aspects of science as well:
Michael Maveal wants his eighth-grade students at Jones Junior High to know the truth - as he sees it. So, the Toledo Public Schools science teacher tells them that evolution is an unproven theory, as is creation. He teaches them about Nebraska man, a creature rejected by science long ago, to demonstrate the fallibility of evolution. He teaches them that Pluto has never been seen. (It has.) He teaches them that humans are not animals. (We are.) He teaches them about the famous scientific hoax, Piltdown man, once purported to be an early human ancestor.
"I'm not afraid of dealing with all the fakery that's going on in all the science community,'' Mr. Maveal said. "We have to present information to the kids so they can make an intelligent decision for themselves. "I tell them what the scientists won't admit."While Mr. Maveal is unusual in his willingness to acknowledge his disbelief in evolution, and his highly skeptical treatment of generally accepted science, his approach reveals the turmoil that exists in some science classrooms.
Muslim Prisoners Want Better Food Options In Washington State
British Artists Seek Repeal of Blasphemy Laws
Turkish Court Sanctions Teacher For Wearing Hijab
Sunday, February 12, 2006
Two Courts Refuse To Interfere With Ecclesiastical Decisions
Yesterday's New York Times reports on a decision this week by a New York trial judge permitting the Catholic archdiocese of New York to tear down Manhattan's St. Brigid's church and build residential apartments on the site. Dismissing a challenge brought by a group of former parishioners and the Committee to Save St. Brigid's, Justice Barbara R. Kapnick wrote, "This court finds that it would be an 'impermissible intrusion into Cardinal Egan's ecclesiastical authority to mandate that he use those funds to reopen the building as a church and/or to require him to operate a parish therein."
Recent Publications
Rex Ahdar (University of Otago) & Ian Leigh (Durham University), Religious Freedom In the Liberal State (Oxford Univ. Press, Dec. 2005). [from Eugene Volokh via Religionlaw listserv.]
New Article (from SmartCILP):
Kevin Pybas, Does the Establishment Clause Require Religion To Be Confined To the Private Sphere?, 40 Valparaiso Univ. Law Review 71-112 (2005).
Christian-Based Prison Proposed In Texas
Today Is Darwin Day
[T]he timeless truths of the Bible and the discoveries of modern science may comfortably coexist. We believe that the theory of evolution is a foundational scientific truth, one that has stood up to rigorous scrutiny and upon which much of human knowledge and achievement rests. To reject this truth or to treat it as "one theory among others" is to deliberately embrace scientific ignorance and transmit such ignorance to our children. We believe that among God's good gifts are human minds capable of critical thought and that the failure to fully employ this gift is a rejection of the will of our Creator. To argue that God's loving plan of salvation for humanity precludes the full employment of the God-given faculty of reason is to attempt to limit God, an act of hubris. We urge school board members to preserve the integrity of the science curriculum by affirming the teaching of the theory of evolution as a core component of human knowledge. We ask that science remain science and that religion remain religion, two very different, but complementary, forms of truth.In a related development, in Ohio last Tuesday, 23 of the 32 scientists on the state's Science Content Standards Advisory Committee sent a letter to Governor Bob Taft urging the state school board to repeal portions of its science standards and lesson plans. The Cincinnati Enquirer reported on the letter that said current state guidelines undermine evolution by urging teachers to "critically analyze" the theory.
Saturday, February 11, 2006
Criminal Charges Filed For Importing Skull For Religious Ritual
Photographer Protected Even When Art Offends Religious Beliefs
Plaintiff argues that the use of the photograph interferes with his constitutional right to practice his religion. The free exercise clause, however, restricts state action.... There is no state action complained of in this case, only the private actions of defendants. ...
Clearly, plaintiff finds the use of the photograph bearing his likeness deeply and spiritually offensive. The sincerity of his beliefs is not questioned by defendants or this court. While sensitive to plaintiff's distress, it is not redressable in the courts of civil law. In this regard, the courts have uniformly upheld Constitutional 1st Amendment protections, even in the face of a deeply offensive use of someone's likeness.... [C]onstitutional exceptions to privacy will be upheld, notwithstanding that the speech or art may have unintended devastating consequences on the subject, or may even be repugnant. They are ... the price every person must be prepared to pay for in a society in which information and opinion flow freely. [Thanks to Marc Stern via Religionlaw listserv for information.]
Unconstitutional School Prayer Persists, and Some Support It
Italian Priest Cleared of Charges Filed For Claiming Jesus Existed
Failure to Provide Christian Science Class In Prison Upheld
Friday, February 10, 2006
Satmar Dispute Decided By New York Trial Court
Rosenwasser's decision contradicts a 2004 decision (now on appeal) by a different judge that left control of the Williamsburg congregation to Zalmen's side. That case is Matter of Congregation Yetev Lev D'Satmar Inc. v Kahan.In the dispute that began over ownership of the Kiryas Joel cemetery and ballooned into a larger fight for control of the Hasidic movement, acting state Supreme Court Justice Stewart Rosenwasser sided squarely with Aron's faction. Aron's rivals support his brother, Zalmen, chief rabbi in Williamsburg.
Rosenwasser agreed with Aron's side that the cemetery belongs jointly to the main Satmar congregations in Kiryas Joel and Brooklyn, not just the Brooklyn group. But more importantly, he declared that Aron supporter Berl Friedman remains president of the Brooklyn branch, rejecting claims that the grand rebbe expelled him in 2001.
By itself, the ruling appears to place control of the Williamsburg congregation, its property and other assets back in the hands of Aron's faction. Control of the Satmar's Williamsburg core could determine which brother succeeds their father as grand rebbe, the supreme leader of more than 100,000 Satmar followers worldwide.
Finland Will Deny Licenses To New Private Religious Schools
Catholics Insulted By Australian Senate Debate On RU486
Australian Catholics were particularly offended by the approach taken during the debate by some Senators who are members of the Australian Greens Party. Especially grating was a T-shirt, distributed by the YWCA, worn by Senator Kerry Nettle which aimed its message at Health Minister Tony Abbott. Emblazoned on the front of the shirt (pictured in this article from today's Herald Sun) was the slogan, "Mr. Abbott, Get your rosaries off my ovaries." Prime Minister John Howard said that the message was offensive to Catholics across the country. But, he said, Nettle has the right to express herself and it should not be a criminal offence to make derogatory remarks about a particular religion. The full text of the bill, all speeches made in the Senate debate on it, and other legislative material relating to the bill are available from Parlinfo Web.
Colorado Court Upholds Right of Both Divorced Parents To Influence Child's Religion
Michigan Scout Troops Seek Private Sponsors To Avoid Establishment Clause Challenges
Islamic Conference Wants New UN Body To Also Prevent Religious Intolerance
However, just as delicate negotiations on details of the new Council were beginning this week, the Organization of the Islamic Conference has called for the insertion of language requiring the new Council to "prevent instances of intolerance, discrimination, incitement of hatred and violence" arising from "any actions against religions, Prophets and beliefs". Yesterday's Financial Times says that supporters of the new Council fear that the OIC demand could be exploited by countries looking to undermine the creation of the HRC for other reasons. The OIC's move, growing out of the recent international furor over published cartoons of the Prophet Muhammad, has also caused concern over infringing free speech, and over possible delays if the proposal opens the door to demands on other specific issues. (See related Update at prior posting.)
Injunction Stay Pending Appeal Denied In Indiana Legislative Prayer Case
In concluding that House Speaker Bosma had showed no irreparable harm, the court said: "The Speaker's claim that the injunction interferes with his 'ability to accommodate the religious needs of those who lead these prayers' reflects a persistent misunderstanding of the court's decision and of the applicable law. All individuals -- the Speaker, all House Members, and any guests who might be invited to offer an official prayer -- retain the right to pray and worship as they see fit in private and non-official settings."
Discussing applicable precedents at length, the court said that it was not persuaded that defendants were likely to succeed on appeal either on their challenge to plaintiffs' standing or on the merits of the case. (See prior related postings 1, 2, 3.)
Thursday, February 09, 2006
Air Force Issues Revised Religious Guidelines
The new draft of the Guidelines, now shortened to one page, call for:
- Religious accommodation for military personnel.
- No endorsement of particular religious beliefs.
- Protection of voluntary discussion of religion.
- Public prayer limited to special ceremonies, and then it must be inclusive and non-denominational.
The conservative Christian group Focus on the Family issued a release praising the revised guidelines:
UPDATE: Statements from groups such as the Anti-Defamation League and Americans United for Separation of Church and State have criticzed the Air Force's amended Guidelines. Language that was in the earlier version that discouraged public prayer at "staff meetings, office meetings, classes, or officially sanctioned activities such as sports events or practice sessions" has been omitted from the shortened revised Guidelines. (New York Sun report, Feb. 10.)The guidelines appropriately caution superiors against making comments that could appear to subordinates to be official policy. With that in mind, they properly state that "superiors enjoy the same free exercise rights as all other airmen." Just as important, we hope these guidelines will bring an end to the frontal assault on the Air Force by secularists who would make the military a wasteland of relativism, where robust discussion of faith is impossible. That has not been the history of our armed forces, and it should not be their future. We particularly thank the Air Force for specifically recognizing that "voluntary participation in worship, prayer, study and discussion is integral to the free exercise of religion." Some have claimed an offense against the Constitution at the mere mention of these matters, although nothing could be further from the truth.
Title VII Pre-Empts RFRA In Employment Discrimination Case
EU Official Suggests Media Code On Religious Reporting
Evangelical Group Moves To Intervene In AF Academy Suit
Paintings Excluded From Black History Month Display
UPDATE: Representing the artist, Liberty Counsel, a conservative legal advocacy group, demanded the city include Marcus' paintings in the display by Feb. 15 or face a federal lawsuit. (Report by AP.)
Evangelicals Urge Congress To Deal With Global Warming
Wisconsin Bill Would Ban Teaching of Intelligent Design
Wednesday, February 08, 2006
World Leaders Speak Out On the Muhammad Cartoons and Resulting Violence
PRESIDENT BUSH: ... We also talked about a topic that requires a lot of discussion and a lot of sensitive thought, and that is the reaction to the cartoons. I first want to make it very clear to people around the world that ours is a nation that believes in tolerance and understanding. In America we welcome people of all faiths. One of the great attributes of our country is that you're free to worship however you choose in the United States of America.
Secondly, we believe in a free press. We also recognize that with freedom comes responsibilities. With freedom comes the responsibility to be thoughtful about others. Finally, I have made it clear to His Majesty and he made it clear to me that we reject violence as a way to express discontent with what may be printed in a free press. I call upon the governments around the world to stop the violence, to be respectful, to protect property, protect the lives of innocent diplomats who are serving their countries overseas. ...
KING ABDULLAH: ... The issue of the cartoons, again, and with all respect to press freedoms, obviously, anything that vilifies the Prophet Mohammed -- upon him or attacks Muslim sensibilities, I believes needs to be condemned. At the same time, those that want to protest should do it thoughtfully, articulately, express their views peacefully. When we see protests -- when we see destruction, when we see violence, especially if it ends up taking the lives of innocent people, is completely unacceptable. Islam, like Christianity and Judaism, is a religion of peace, tolerance, moderation.
And we have to continue to ask ourselves, what type of world do we want for our children? I too often hear the word used as, tolerance. And tolerance is such an awful word. If we are going to strive to move forward in the future, the word that we should be talking about is acceptance. We need to accept our common humanity and our common values. And I hope that lessons can be learned from this dreadful issue, that we can move forward as humanity, and truly try to strive together, as friends and as neighbors, to bring a better world to all.
Elsewhere today, a joint statement (full text) was issued by UN Secretary-General Kofi Annan, European Union foreign policy chief, Javier Solana, and the head of the Organization of the Islamic Conference (OIC), Ekmelettin Ihsanoglu. They said: "We fully uphold the right of free speech. But we understand the deep hurt and widespread indignation felt in the Muslim World. We believe freedom of the press entails responsibility and discretion, and should respect the beliefs and tenets of all religions. But we also believe the recent violent acts surpass the limits of peaceful protest." (ISN report).
Meanwhile CNN reports new violence today over the cartoons, this time in Afghanistan where several people have been killed. New demonstrations also took place today in Iraq, Bangladesh and by Palestinians in the West Bank city of Hebron. In today's New York Times, art critic Michael Kimmelman writes a thoughtful piece on the subject titled A Startling New Lesson In the Power of Imagery.
5th Circuit Hears Arguments Today On School Board Prayers
UPDATE: This AP article summarizes what went on at the oral argument.
Civil and Religious Law On the Muhammad Drawings
Yesterday, Deutsche Welle published an overview of the laws on blasphemy and incitation to religious hatred in eleven European countries. The controversial Muhammad cartoons might run afoul of some of these laws. In France, five Muslim organizations filed suit to prevent a French paper, Charlie-Hebdo, from publishing the caricatures. Scotsman.com reported yesterday that the court dismissed the case on the technical ground that the public prosecutor's office, which is always represented in French courts, was not properly notified of the case. The paper apparently plans to publish the illustrations today.
Townhall.com yesterday carried an excellent report from CNSNews analyzing whether or not Islamic law prohibits all pictures and drawings of the Prophet Muhammad. Reporter Patrick Goodenough concludes that opinions of Muslim scholars on the issue vary. Images of Muhammad have in fact appeared in Islamic art and literature over the centuries. And the same prohibition in Islamic law applies to pictures of any person, or even of animals. However, many news stories in European and American media have claimed that a prohibition on any picture of Muhammad was behind the intense reaction of Muslims around the world to the cartoons originally published in Denmark. An extensive selection of pictures of the Prophet Muhammad in Islamic artwork over the centuries, as well as depictions in non-Islamic sources, are reproduced in an Archive at zombietime.com. And at Get Religion blog, we are reminded (with photo) that Muhammad is among the nine lawgivers depicted in the frieze on the north wall of the U.S. Supreme Court.
Health Inspectors Did Not Infringe Religious School's Free Exercise Rights
Muslim Prisoner's Free Exercise and Establishment Clause Claims Rejected
Georgia Tax Exemption For Bibles Violates Establishment Clause
UPDATE: The opinion in the case, Budlong v. Graham, is now available online. [Thanks to How Appealing.]