Christian Group Protests Proposed Indian Law On Foreign Contributions

Proposed new legislation in India, the Foreign Contribution (Management and Control) Bill, 2005, is opposed by the Federation of Indian American Christian Organizations of North America, according to today's Pakistan Christian Post. The law would require groups to register and obtain government permission in order to receive support from overseas donors. FIACONA's president, Dr. Bernard Malik, said: "the criteria for rejecting registration of an organization was so broadly and vaguely worded that they could be misused to target organizations (particularly charitable Christian organizations) on flimsy and spurious grounds. Actions that supposedly violate communal harmony which attract a severe penalty under the Bill have been so loosely defined that minority community institutions will inevitably suffer even when they are the victims of motivated attacks at the hands of religious extremists of the majority community."

L.A. City Council Debates Tax-Exempt Financing For Parochial School

Today's Daily Breeze reports that Los Angeles City Council is debating the scope of a court ruling handed down last year. In 2004, a California appellate court held that conduit financing by the state for pervasively sectarian schools violated California's constitution. In California Statewide Communities Development Authority v. All Persons Interested, a California appellate court held that t use of conduit financing, which allows schools to finance projects at a lower cost than they could through conventional financing, is a form of aid within the meaning of Cal. Const. Art. XVI, § 5, and has the direct and substantial effect of aiding religion. The case is on appeal to the California Supreme Court.

Today L.A. City Council is scheduled to vote on a plan to issue $30 million in tax-exempt bonds on behalf of Loyola High School, a Catholic parochial school. The bonds would save the high school $8 million in interest costs. The city's attorneys have recommended that the council move ahead with the transaction, saying Loyola's educational activities, and its willingness to admit students of all religious backgrounds, shows that it is not "pervasively sectarian." The bond proceeds will be used to build a new science facility. The ACLU of Southern California questions the proposed move, arguing that the school is pervasively sectarian. The city has already used tax-exempt bonds to assist three other parochial schools since 2001.

UPDATE: In its vote, the Los Angeles City Council approved the issuance of tax-exempt bonds for Loyola High School, prompting a promise from the ACLU to review the transaction to determine if it violates the state constitution's separation of church and state.

South Dakota Supreme Court Hears Case On Church Demolition

Arguments were heard yesterday in the South Dakota Supreme Court on whether an old Roman Catholic school listed on the National Register of Historic Places should be torn down. The Rapid City Journal reports on the case. A circuit judge has ruled that denying demolition of Notre Dame Academy would amount to unreasonable government interference with religion.

Oral Arguments Held In O Centro

Bloomberg reports on yesterday's oral arguments in the U.S. Supreme Court in Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal. (See prior posting.) The case challenges the federal government's attempt to bar a New Mexico church from using a hallucinogenic tea in religious ceremonies.

This is Chief Justice Roberts first religious freedom case on the Court. Roberts questioned the government's argument that it must prohibit all use of hoasca to prevent diversion to non-religious uses. "Your approach is totally categorical.'' If a religious group used only one drop of the drug a year, "your position would still be the same", Roberts told government lawyer Edwin Kneedler during the one-hour argument.

The government argued that it has a compelling interest in "uniform enforcement'' of its drug laws. But Justice Antonin Scalia pointed to an exception that Congress has made for peyote in American Indian religious ceremonies. He said, "It's a demonstration you can make exceptions without the sky falling.'' Justice John Paul Stevens followed up by asking whether the exception for peyote indicated that "maybe [the government's interest is] not all that compelling.''

Religious Freedom Moves Forward In Geogian Republic

Adventist News Network reported yesterday on a new religious freedom initiative in the Republic of Georgia. Leaders met on Oct. 23 to lauch the Georgian Religious Liberty Association. The new organization was created after the Seventh-Day Adventist Church and the International Religious Liberty Association urged that this type of step be taken. Leaders of various faith communities, representatives of human rights organizations, and government officials, covered by national television, met to inaugurate the IRLA. The event included the participation by representatives of the Patriarchate of Georgia and by government Ombudsman Beka Mindiashvili.

Candidate For Governor of Va. Talks About His Faith

Monday's Washington Post reported on the use of religion in his campaign by Timothy M. Kaine, Virginia's Lieutenant Governor, who is trying to become the state's first Catholic governor. "I'm a person of faith, and here's who I am, and you're entitled to know who I am because you ought to know about me, what's important to me," Kaine said in a recent interview in which he talked in depth about the influence of his religion on his life. "That'll give you a yardstick for judging my actions." Kaine is trying to signal that talking about his religious life doesn't mean that he represents a conservative perspective. This has created some delicate political challenges for him on two major issues: capital punishment and abortion. On both he has indicated a willingness to accept the legal status quo even though it conflicts with his religious convictions.

Alito Will Make Catholics A Majority On Court

An AP article in today's Washington Post points out that if Supreme Court nominee Samuel Alito is confirmed, for the first time a majority of the Court's justices will be Roman Catholics. Up to now, Protestants have dominated on the court. Only two Protestants will remain on the Supreme Court--David Souter and John Paul Stevens. The two other justices--Ruth Bader Ginsburg and Stephen Breyer--are Jewish. Meanwhile, Carl A. Anderson - leader of the Knights of Columbus, the world's largest lay Catholic organization with more than 1.7 million members worldwide - said Monday that Alito is "a truly excellent choice".

Kitzmiller Trial Continues

The Kitzmiller trial, challenging the policy in Dover, Pennsylvania schools on the teaching of intelligent design, drags on. (See prior posting.) The Philadelphia Inquirer today reports on yesterday's proceedings. U.S. District Judge John E. Jones 3d, who has presided over the trial calmly so far launched into an uncharacteristic blistering 10-minute cross-examination of Dover School Board President Alan Bonsell over the source of $850 used to buy high school textbooks on intelligent design.

Attempt To Vacate Mt. Soledad Cross Ruling Filed

The battle to save the Mt. Soledad Cross is not quite over, according to a report today in the Christian Examiner. On Oct. 7, a San Diego Superior Court judge nullified a July referendum vote that would have allowed the Mount Soledad Memorial to be transferred to the federal government. (See prior posting.) On October 19, a motion was filed to vacate the order by Charles LiMandri, who represents San Diegans for the Mount Soledad National War Memorial. A hearing before Superior Court Judge Patricia Cowett was scheduled for Oct. 31. The latest action came after LiMandri learned the city of San Diego is not likely to appeal the judge’s earlier ruling. LiMandri, who was appointed an unpaid special deputy city attorney to advise on the case in September, is no longer representing the city.

UPDATE: The Oct. 31 San Diego Union Tribune reported that Judge Cowett refused to hold a hearing on the motion to vacate her earlier ruling. An appeal to the 4th District Court of Appeals is planned.

Coptic Churches In Egypt Attacked By Muslims

The Associated Press reports today from Egypt that seven Coptic Christian churches in Alexandria were attacked by thousands of Muslims on the night of Oct. 21. There has been growing tension between Egypt's Muslim and Christian community. The immediate cause of this violence seems to be play put on by Christians deemed offensive to Islam. Some Muslim protesters said they had seen clips of the play on an Internet chat site with a message calling on "faithful Muslims" to gather after Friday prayers in front of St. George's church to protest. Though it has not been performed recently, Islamic extremists may have been distributing DVDs of the play to raise tensions ahead of parliamentary elections next week. The play tells the story of a Christian who converted to Islam, then became disillusioned with the religion.

Does Excommunication Violate Ky. Civil Rights Act?

The Kentucky Commission on Human Rights last month heard a case challenging the Amish practice of excommunication of those who have left the faith. The Associated Press reported yesterday on the case out of Cub Run, Kentucky. Ruth Irene Garrett, who had been excommunicated, was turned away from an Amish thrift store. Store owner Erma Troyer asserted a religious freedom defense. Taking money from the excommunicated comes with a risk of followers themselves being excommunicated, as well as being damned to an eternity in hell. Human Rights Commission staff attorney Emily Riggs Hartlage, who represented Garrett, said the incident was a violation of Kentucky's Civil Rights Act for denial of service in a public place for religious reasons. She said the investigation uncovered other ex-Amish who were denied service at Amish stores. But Troyer's attorney said the complaint essentially seeks to force the shop owner to violate Amish doctrine, which could result in her losing her religion or her store.

Alito's 3rd Circuit Religion Decisions

Here is an UPDATED list of 3rd Circuit opinions on religion issues written by Supreme Court nominee Samuel Alito (along with an overview of each holding from Lexis). (All links are to free non-subscription sources.):

Child Evangelism Fellowship of N.J., Inc. v. Stafford Twp. Sch. Dist., 386 F.3d 514 (October 15, 2004) OVERVIEW: Preliminary injunction properly ordered a school district to treat a child evangelism group like other community groups with regard to distribution of literature; group was likely to succeed on viewpoint discrimination claim under Free Speech Clause.

Blackhawk v. Pennsylvania, 381 F.3d 202 (August 20, 2004) OVERVIEW: Native American's free exercise rights were violated when he was denied a religious exemption from permit fees required because he owned two black bears. The fee regime's provisions were underinclusive and thus not generally applicable.

Fraise v. Terhune, 283 F.3d 506 (March 13, 2002) OVERVIEW: New Jersey prison policy that allowed correctional officials to designate "security threat groups" (STGs) did not violate equal protection in view of greater propensity for violence demonstrated by members of the STG.

Abramson v. William Paterson College, 260 F.3d 265, August 3, 2001, Concurrence by Alito, J. OVERVIEW: In religious discrimination suit, appellate court reversed summary judgment for the employer because the employee established a prima facie case for hostile work environment, religious discrimination, and retaliation.

ACLU-NJ v. Township of Wall, 246 F.3d 258 (April 3, 2001) OVERVIEW: Taxpayer plaintiffs failed to establish standing in their First Amendment holiday display claim where the record established that both the nativity display and the menorah at issue were donated to defendant Township.

Saxe v. State College Area Sch. Dist., 240 F.3d 200 (February 14, 2001) OVERVIEW: Public school district's student-on-student anti-harassment policy was unconstitutionally overbroad because it prohibited non-vulgar, non-sponsored student speech and did not satisfy the Tinker substantial disruption test.

C.H. v. Olivia, 226 F.3d 198 (August 28, 2000), cert. denied June 18, 2001. Dissent by Alito, J. OVERVIEW of majority opinion: Where it was not alleged that the removal of a student's poster occurred as a result of any school policy against the exhibition of religious material, judgment for school officials was remanded to allow plaintiff to amend her complaint.

FOP Newark Lodge No. 12 v. City of Newark, 170 F.3d 359 (March 3, 1999) cert. denied October 4, 1999. OVERVIEW: Police department's policy, which prohibited beards, was found to be in violation of the Free Exercise Clause of the First Amendment because it refused to make exemptions for religious reasons, even though medical exemptions were made.

ACLU NJ v. Schundler, 168 F.3d 92 (February 16, 1999) OVERVIEW: A city's display of predominantly religious symbols in holiday display was unconstitutional under the Establishment Clause; however, addition of secular and cultural symbols diluted the display's message of endorsement of religion.

Edwards v. California Univ. of Pa., 156 F.3d 488 (August 10, 1998). cert. denied February 22, 1999. OVERVIEW: University professor did not have First Amendment right to choose classroom materials and subjects in contravention of university's dictates, and his suspension with pay did not violate procedural due process where he was not deprived of employment.

Alito Will Be SCOTUS Nominee

Reuters and other media report that President Bush will nominate Judge Samuel A. Alito, Jr. (Third Circuit) to fill Justice Sandra Day O'Connor's seat on the U.S. Supreme Court. What are Alito's religion clause views? Among Judge Alito's opinions is Blackhawk v. Pennsylvania, 381 F.3d 202 (Aug. 20, 2004). It gives some clues. In the case, he found a Free Exercise clause violation in the state's refusal to waive a permit fee requirement under the Pa. Game & Wildlife Code for a Native American keeping animals for religious purposes.

Removal of Polygamous Judge Sought

Utah's Judicial Conduct Commission has asked the Utah Supreme Court to remove longtime Hildale Municipal Court Judge Walter Steed from office because he practices polygamy, according to today's Deseret Morning News. Steed married the first wife in a state-recognized civil ceremony in 1965 and married the other two in 1975 and 1985, respectively, in religious ceremonies of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, which encourages plural marriages. The Commission says that Steed's behavior interferes with justice and brings a judicial office into disrepute. Steed argues his marital status is constitutionally protected and does not affect his judicial work. The Utah Supreme Court will hear arguments in the case on Wednesday.

O Centro Case Scheduled For Supreme Court Argument Tomorrow

Tomorrow is the day for oral arguments in the case of Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal. Over the weekend, the Christian Science Monitor summarized the issues at stake, as the court considers the application of the Religious Freedom Restoration Act to the use of controlled substances in religious ceremonies. Here is the Monitor's summary of the case:

The case involves a religious sect of 130 members based in New Mexico. The group, adherents of the Brazil-based religion UDV, believes the use of sacramental tea in its ceremonies helps them connect with God. Consumption of the tea is the central ritual act of their faith.... The problem is that the tea, made from two sacred plants found in the Amazon region of Brazil, contains a hallucinogenic substance banned in the US. When US narcotics agents discovered this, they confiscated the group's supply of the sacramental tea... and barred them from importing any more from Brazil. The group sued, claiming the government was infringing on their religious rights.... A federal judge and federal appeals court agreed... and issued a preliminary injunction against the government. The court ordered the government to accommodate the UDV members by allowing them a religious exemption from the drug laws. The courts ruled that such actions were necessary under RFRA.

An important question will be the scope of the issues the Court actually decides in its ultimate opinion. (See prior posting.) Also, the government's reply brief is now available online. [Thanks to SCOTUS blog for the link.]

Schools Increasingly Avoid Traditional Halloween Rites

Increasingly, public schools are eliminating traditional Halloween celebrations, according to today's Christian Science Monitor. Some Christians object to the celebration's pagan and satanic connections. Some Muslim parents have similar feelings. Church-state separationists object to the holiday's religious roots. Halloween dates back 2,000 years to Celtic traditions. The observance was appropriated in the 600's by the Roman Catholic Church as All Saints Day. Halloween came to America with the Irish, whose traditional harvest rituals involved dressing up and chasing restless "spirits" away as winter's dark nights approached. Replacing traditional school celebrations in some places are the type of activities held in Raleigh, NC's Washington Elementary School. Pumpkins are decorated and teachers dress up, but costumes are allowed only as part of a curriculum-driven literary parade. Teachers avoid using the word Halloween. The principal though wore a shirt with the word "boo!" on it.

Prince Charles Will Urge Bush To Appreciate Islam More

Tomorrow, Britain's Prince Charles leaves for an 8 day tour of the United States. Over the weekend, the London Telegraph reported that an important part of his trip will be his attempt to persuade President George W. Bush, and Americans in general, to end America's confrontational approach to Muslim countries and to be more appreciative of the strengths of Islam. The Prince of Wales, who is about to embark on his first official foreign tour since his marriage to the Duchess of Cornwall, wants Americans to share his fondness for Islam. He has agreed to attend a seminar on religions at Georgetown University on Thursday. The seminar will look at how faith groups can alleviate social problems in their community.

Native American Prisoner's Religious Claims Rejected

The opinion has become available in a case decided several months ago, Runningbird v. Weber,2005 U.S. Dist. LEXIS 25234 (D. SD, June 8, 2005). The South Dakota federal district court rejected a number of claims by an inmate in the state penitentiary that his rights to free exercise of religion were violated. A member of the Native American Church, the prisoner objected to not receiving enough tobacco, which is a part of Native American prayer. He also objected to the confiscation of his ceremonial bag and prayer ties, the lack of a medicine man to help with religious rituals, denial of a Lowampi Ceremony, female guards observing sacred ceremonies, and time limits on performing sweats.

Washington State 10 Commandments Case Appealed

Oregon Live reports that on Oct. 12, an appeal to the U.S. 9th Circuit Court of Appeals was filed in Card v. City of Everett. A Washington state federal district court in the case held that a 10 commandments monument on public property in Everett, Washington may remain there without violating the constitution. (See prior posting.)

New Scholarly Publication

New from SSRN:

Susan Pace Hamill, An Evaluation of Federal Tax Policy Based on Judeo-Christian Ethics, to apear in the Winter 2006 Virginia Tax Review.

Football Coaches Push Prayer

Sunday's New York Times carries an interesting article titled Increasingly, Football's Playbooks Call for Prayer. It traces the increasing importance that coaches at state universities place on spiritual development of their players. For example, for 30 years in pre-season, Florida State football coach Bobby Bowden has taken his players to a church in a white community and a church in a black community in the Tallahassee area in an effort to build camaraderie. He writes to their parents in advance, explaining that the trips are voluntary, and that if they object, their sons can stay home without fear of retaliation. He remembers only one or two players ever in fact not going. On game days, Penn State players may choose between Catholic and Protestant services or not go at all. Coach Joe Paterno and the team say the Lord's Prayer in the locker room after games.

Churches Cooperate Extensively With States In Katrina Disaster Aid

The Associated Press today brings together information on a trend that has been noted already. As the Gulf Coast and surrounding states begin to focus on long-term recovery from Hurricane Katrina, a closer relationship between churches and state and local governments is developing. Churches have become more involved in disaster aid, and are tapping into state funds to reimburse them for those efforts. Counties are beginning to incorporate churches into their disaster relief plans.

Trial Challenging Indiana Legislative Invocations Begins

A trial began in federal district court in Indianapolis, Indiana today on a challenge brought by the Indiana Civil Liberties Union to opening sessions of the Indiana General Assembly with prayer. The South Bend Tribune says today that U.S. District Judge David F. Hamilton has promised a ruling before Nov. 22, when lawmakers return for a one-day session. In the past, legislative sessions have opened with a prayer from an invited member of the clergy or an elected lawmaker. This suit attempts to prohibit these opening prayers or limit them to a nonsectarian form without reference to specific deities or religious beliefs. The plaintiffs say that legislative prayer is too often marked only by Christian references and beliefs.

Ohio Issues Draft School Voucher Program Rules

The Ohio Department of Education yesterday issued Revised Draft Administrative Rules for Ohio's Educational Choice Pilot Scholarship Program. This is how the program, which includes religiously affiliated schools, was described earlier this year by the Cato Institute: "Ohio's bellwether accomplishment is the new Educational Choice Scholarship Program. It offers vouchers to 14,000 children in schools on "academic watch" or in "academic emergency" for three years anywhere in the state. Ohio is not the first to pass a statewide choice program, but Florida's older Opportunity Scholarship Program serves only 753 students and is dogged by court challenges. The ECSP will be the largest program of its kind, and prior litigation should insulate it from legal challenge."

Parent Can Require School Board To Discuss Evolution Alternatives

On Tuesday, a California federal district court opened a new chapter in the evolution-intelligent design debate. In Caldwell v. Roseville Joint Union High School District, 2005 U.S. Dist. LEXIS 24923 (ED Ca, Oct. 25, 2005), the court denied defendant's motion to dismiss a number of plaintiff's constitutional claims. The law suit filed by a parent, Larry Caldwell, challenged the Roseville School District's refusal of plaintiff's request to place on its agenda the discussion of his Quality Science Education Policy ("QSEP"). QSEP presents some of the scientific weaknesses of evolution along with the scientific strengths.

While dismissing some of plaintiff's claims on Eleventh Amendment grounds, the court denied defendants' motion to dismiss his free speech, establishment clause, due process and equal protection claims. The court found that plaintiff sufficiently alleged that defendants restricted his speech in a limited public forum on the basis of it content. Plaintiff's Establishment Clause claim asserted that defendants do not allow Christian citizens to participate in public debates and public policy-making to the same extent as non-Christians. In refusing to dismiss the claim, the court held that plaintiff sufficiently alleged that the primary purpose of the defendant's actions was to disapprove of his actual or perceived religious beliefs.

The full text of the complaint in the suit is available online, as is Caldwell's press release on his victory. Further discussion is in this post from the Center for Science & Culture.

Orthodox Patriarch Sues In Israel's High Court

Asia News reports today that the Greek Orthodox Patriarch of Jerusalem, Theophilus III, has filed suit in Israel's High Court of Justice against the Executive, which according to him is denying him civil recognition. It refuses to issue him a decree (of Ottoman origin) called Berat, that the government claims is necessary for the Patriarch to be able to act on behalf of the Patriarchate in the secular sphere (buy, sell, give orders in respect of bank accounts etc.).

The suit alleges that the Government is making the grant of the Berat conditional upon acceptance by Patriarch Theophilus of certain real estate sales in East Jerusalem made by his deposed predecessor, Irineus I, to Israeli settlers. The sales are believed by the new Patriarch to be invalid, because they were not approved by the Synod and were made for very low prices. The Government has not yet responded to the suit.

Objection To Prayers In Peoria Council Chamber

The Freedom From Religion Foundation is protesting a recent use of Peoria, Illinois City Council Chambers, according to today's Peoria Journal-Star. Peoria's mayor, Jim Ardis, invited a prayer group, the Community Builders Foundation, to use the chambers last month. During the event, dozens of Christians gathered in the council chambers to pray. One by one, they laid hands on the vacated chairs of each council member and asked God to offer guidance to them. Community Builders had previously held prayer services outside City Hall, and even in the building's rotunda. But this was the first time they were invited inside the legislative chamber.

Japan Constitution Draft Would Change Religion Provisions

Today's People's Daily reports that Japan's ruling Liberal Democratic Party has finalized its draft of a new constitution . This is the first amendment to it since it was adopted after World War II. The draft relaxes the ban on the state engaging in religious education or other religious activity. It would prohibit this only when the activity goes beyond the scope of socially accepted protocol or manners, Apparently this is an attempt to legitimize Prime Minister Junichiro Koizumi's recent visits to the war- related Yasukuni Shrine, which have been challenged as unconstitutional. (See prior postings 1, 2 .)

Inmate's Challenge To AA/NA Not Ripe

In United States v. Robinson, 2005 U.S. Dist. LEXIS 24986 (D.Kan., Oct. 25, 2005), a Kansas federal district court dismissed a prisoner's suit claiming that sentencing him to participate in drug/alcohol counseling that may include a twelve-step or an AA/NA program violates the Establishment Clause. He claims AA/NA programs are based on the religious concept of a "higher power". The court found that his claim was not ripe for adjudication since the prisoner has 19 months before his release and this requirement takes effect. At that time he may have non-religious alternatives.

Schools Get Into Disputes In Choosing Textbooks About Religion

Conventional wisdom is that there are no constitutional problems in teaching "about" various religions in the public school curriculum. However, as an article in today's Los Angeles Jewish Journal demonstrates, choosing appropriate textbooks to teach about religion can embroil schools in disputes with religious groups. California is in the final stages of the once-each-7-year adoption process for history and social studies materials for grades K through 8. The process decides which books local school districts can purchase with state funds. One seventh grade book, History Alive! The Medieval World and Beyond, published by the Teachers’ Curriculum Institute, was withdrawn from its trial in Arizona earlier this year after a series of protests from parents who objected to what they saw as distortions of Christianity and Judaism, with an overarching positive spin on Islam. Another book, The Modern Middle East, was analyzed by a team from the San Francisco Jewish Community Relations Council. The report concluded that the materials are studded with “misinformation, manipulation, omissions of key facts, oversimplification of complex issues, historical inaccuracy and lack of context.”

Danforth Decries Influence of Evangelicals In Republican Party

Former U.S. Senator from Missouri, John Danforth, a Republican who is also an Episcopal priest, yesterday strongly criticized the influence of evangelical Christians in the Republican Party, according to the Associated Press. Danforth, who also served as U.S. ambassador to the United Nations, said "I think that the Republican Party fairly recently has been taken over by the Christian conservatives, by the Christian right. I don't think that this is a permanent condition but I think this has happened, and that it's divisive for the country." He said that while people of faith have an obligation to be in politics., "I think the question arises when a political party becomes identified with one particular sectarian position and when religious people believe that they have the one answer, that they understand God's truth and they embody it politically. Nothing is more dangerous than religion in politics and government when it becomes divisive."

Prisoner Loses Claim Over Verbal Harassment and Koran Damage

The opinion of a magistrate judge from earlier this year in Singleton v. Morales, 2005 U.S. Dist. LEXIS 24776 (ED Cal., Aug. 25, 2005) has just become available. The federal district court for the Eastern District of California rejected a prisoner's free exercise claim, finding that verbal harassment of an inmate about his religion and damaging (but not destroying) of his Koran did not place a substantial burden on the prisoner's religious practice.

Church's Free Exercise and RLUIPA Claims Rejected by 10th Circuit

In Grace United Methodist Church v. City of Cheyenne, decided by the U.S. 10th Circuit Court of Appeals on October 25, the court rejected a church's appeal of a ruling that prevented it from constructing a day care center on property it owned. The church had claimed that the refusal to grant it a zoning variance violated its free exercise rights and RLUIPA, as well as its free expression, due process and equal protection rights. The court held that the City's zoning code does not amount to a system of individualized exemptions triggering strict scrutiny under the Free Exercise clause of the 1st Amendment. In determining the church's RLUIPA claim, the jury verdict which the court affirmed had found that Grace United's operation of the proposed daycare center was not a sincerely held religious belief.

Judge To Protect Free Exercise Rights As Part of Sentence

In Auburn, New York, Cayuga County Surrogate Judge Mark Fandrich agreed to take action to make certain that the religious rights a defendant he has sentenced for selling cocaine will be respected. The Auburn Citizen today reported that Judge Fandrich will order that Jimmie Clark, a Rastafarian, be allowed to keep his dreadlocks in state prison if state law in fact guarantees him that right as a matter of freedom of religion.

Dispute Over Religious Images Found In Hawaii

The Honolulu Star Bulletin reported yesterday three West Hawaii cultural and community groups are angry that they were not consulted when a residential and golf development at Kohanaiki, North Kona, found old Hawaiian wooden images in a lava tube cave last month. The three groups are the Kohanaiki Ohana, Pono I Ke Kanawai and Na Keiki Hee Nalu O Hawaii. They are threatening legal action.

More than 20 images, believed to be kii, or carved images of gods, were found. Probably dating from the first half of the 19th century, the objects might be religious images hidden when the old Hawaiian religion was overthrown. Or they might be commercial objects created for sale to foreign sailors, said Hawaiian historian Herb Kane. No human bones were found in the lava tube, said the development's archaeological consultant, Paul Rosendahl. He said, since this is not a burial site and the objects were accidentally discovered, the landowner has legal right to determine how to dispose of the artifacts. The three groups responded, "Gods do not belong to individuals; they belong to the community whose values and practices they represent. They are the cultural and intellectual property of a social group." Rosendahl said the developers are not obliged to turn the images over to any particular group that makes a claim. The developers are working with "those with the strongest genealogical and residential ties."

Miers On Church-State In 1993

Supreme Court nominee Harriet Miers has made available to the Senate Judiciary Committee a number of her speeches from the early 1990's when she was president of the Texas Bar Association. The Washington Post today reports on them. Part of a 1993 speech to Executive Women of Dallas focused on church-state issues. ProLifeBlogs has posted the full text of that speech. Here is part of her remarks:

The law and religion make for interesting mixture but the mixture tends to evoke the strongest of emotions. The underlying theme in most of these cases is the insistence of more self-determination. And the more I think about these issues, the more self-determination makes the most sense. Legislating religion or morality we gave up on a long time ago. Remembering that fact appears to offer the most effective solutions to these problems once the easier cases are disposed of. For example, if a preacher is committing fraud and it can be shown, even if he is a preacher, he should be stopped. But if we just think people are ignorant or stupid for giving their money for a blessing, that is a different matter. No one should not [sic.] be able to oppressively require a student to participate in religious activities against their will, but if a student on his or her own chooses to express him or herself in religious terms, that should not be prohibited. Where science determines the facts, the law can effectively govern. However, when science cannot determine the facts and decisions vary based upon religious belief, then government should not act. I do not mean to make very complex, emotional issues too simplistic. But some of these issued do not need to be as complicated as they have become if people deal with each other with respect and even reverence.

State To Challenge Ruling On Native American Religious Freedom

On September 7, a federal magistrate judge in Fayetteville, Arkansas ruled that a prisoner, Billy Joe Wolfe Jr., a member of the Cherokee tribe, should be allowed the use of a prayer feather in state prison so he can carry out his sincerely held religious belief that the use of feathers is necessary when communicating with the Great Spirit. Presumably the claim was filed under RLUIPA. The judge also said that officials had violated the American Indian Religious Freedom Act. She awarded Wolfe nominal damages of $1 and denied his claim for punitive damages. Yesterday, the Associated Press reported that jail officials are appealing the magistrate's recommendation, which must be approved by the district judge before it becomes final. They believe that a feather could be used either as a weapon or for sexual gratification. The judge said jail officials have legitimate concerns about safety and security but that their response was exaggerated because inmates have already have access to items such as pencils, which also can be used as weapons. Also no effort was made to consider methods such as controlled access to feathers.

House of Lords Votes To Amend Religious Hatred Bill

In Britain on Tuesday, according to the London Telegraph and the Times, the House of Lords voted 260- 111 in favor of an amendment to the Racial and Religious Hatred Bill. (See prior posting.) The amendment would require the prosecution to prove intent before a conviction could be obtained. It would also introduce a general "freedom of expression" defense making it clear that merely exposing a religion to ridicule, insult or abuse would not constitute an offence. Lady Scotland suggested that the Home Office would seek to compromise on the bill. Here is Ekklesia's report opposing the original bill, Rethinking Hate Speech, Blasphemy and Free Expression.

Sudan Closing Christian Schools For Serving Food During Ramadan

Catholic World News today reports that Christians in Sudan are protesting the government's decision to close down Catholic schools for refugees during Ramadan. The Ministry of Education has warned that any school functioning during Ramadan will be fined. The Islamic government explained that the schools were providing students with food, and eating during the day is forbidden during Ramadan. The Catholic educational system that runs 80 schools for refugees is appealing the decision. Many of the refugees they serve are severely malnourished. The Sudan Tribune commented: "It is ridiculous for the government to force non-Muslims to fast and close schools for internally displaced persons on the pretext they were offering food."

Church-State Issues Shaping Up As Important In Next French Election

Reuters today reports that the separation of church and state is shaping up as an issue for France's next presidential election as politicians look for support among France's large Muslim minority. Nicolas Sarkozy, the interior minister who is already planning his campaign for the 2007 election, staked out the issue last week by appointing a commission to study possible changes to the law separating religious and secular matters. President Jacques Chirac and Prime Minister Dominique de Villepin responded over the weekend, reaffirming their support for the 100-year-old law on secularism and announcing that a change "is not on the agenda." Catholic and Jewish leaders oppose any change in the law, and Muslims are divided on the issue. The small Protestant Federation of France is the only long-established religious community calling for a change, mostly because evangelicals face administrative problems trying to build churches.

Trial Begins On Faith-Based Prison Program

The Des Moines, Iowa Register reports that a trial begins today in U.S. District Court in Des Moines raising a Establishment Clause challenge to an Iowa prison treatment program based on Christian-oriented values. The program, the InnerChange Freedom Initiative, was established at the Newton state prison in 1999 by Prison Fellowship Ministries, founded by former Watergate figure Charles Colson. The Iowa Legislature has appropriated $310,000 from the Healthy Iowans Tobacco Trust for a "value-based treatment program" at the Newton prison. Former Virginia Attorney General Mark Earley, president of Prison Fellowship Ministries, said the state money is used for nonreligious purposes, such as vocational and general education programs, and for administrative costs. Private money covers other expenses, he said.

Native American Prisoner Can Proceed On Sweat Lodge Claim

In Prayer Feather Farrow v. Stanley (D NH, Oct. 20, 2005), a New Hampshire prisoner who is a practicing member of the Lakota Sioux Nation and the Native American Sacred Circle claimed eight separate violations of his right to practice his religion: (1) preventing him from possessing tobacco for prayer and ceremonial use; (2) denying him access to medicines and herbs for ceremonial use; (3) prohibiting him from engaging in daily group prayer with other members of the Sacred Circle; (4) failing to supply him with Native American foods on religious holidays; (5) refusing to allow him to wear feathers at all times; (6) barring the various Native American nations represented within the Sacred Circle from meeting as sub-groups; (7) failing to employ a Native American consultant to shape the DOC's religious policies; and (8) denying him access to a sweat lodge for ritual purification.

Plaintiff claimed that prison officials violated RLUIPA, the First Amendment and the Equal Protection Clause of the 14th Amendment. The federal district court granted summary judgment to state prison officials on all but one of the claims. On plaintiff's claim that he has been denied access to a sweat lodge for ritual purification, the court denied the state's motion for summary judgment and permitted the claim to move to trial. The court held, however, that defendants are entitled to qualified immunity on plaintiff's claim for monetary damages.

Newly Available Publications

The table of contents of the Summer 2005 issue of the Journal of Church and State is now available online. The issue's editorial and country notes are also available in full text online. The issue appeared in hard copy in late August.

Walter J. Walsh, The Priest-Penitent Privilege: An Hibernocentric Essay In Post Colonial Jurisprudence, 80 Indiana Law Jour. 1037-1089 (2005). [Thanks to SmartCILP].

Dispute Over Display of Crucifix In Italian Courtroom

In northern Italy, in the town of Carmerino, a judge is refusing to hold court until there are some concession on church-state issues. The Australian reports today that Judge Luigi Tosti objects to the crucifix hanging in his courtroom. While Tosti was baptized as a Catholic, he objects to favoring one religion. He either wants the crucifix taken down, or a Jewish candelabrum displayed alongside it. Judge Tosti says: "In public offices, the cross is the only theological symbol on display. That's like saying white people can come in and the blacks stay outside. It's a form of religious discrimination."

The same kind of issue has arisen elsewhere in Italy. In 2003, Muslim activist Adel Smith tried to get a crucifix removed from his son's classroom. An appeals judge ruled that the cross could stay, as a symbol of Italy's cultural heritage and values. Subsequently Smith engaged in self-help. When nurses treating his mother in a public hospital refused to take down the crucifix above her bed, he tossed it out the window.

UPDATE: On Nov. 18, Judge Tosti was convicted of failing to carry out his official duties and was sentenced to seven months in jail, according to the Associated Press. An appeal is planned.

Intelligent Design Proponents Present Effective Witnesses

The Washington Post carried an interesting article on Friday on the progress of the trial in Kitzmiller v. Dover Area School District-- the case involving the propriety of teaching about Intelligent Design. (See prior posting.) The article, by Post reporter Michael Powell, was titled "No Easy Victory Ensues In Legal Battle Over Evolution". In it, Powell says: "[B]ringing a legal case against intelligent design is a tricky business. The small band of scientists who publicly support intelligent design are able debaters, and, as became clear when [biochemistry professor Michael J.] Behe took the stand, they do not sound remotely like William Jennings Bryan, the lawyer who eight decades ago in Tennessee invoked biblical authority to decry evolution."

Editor Sentenced For Blasphemy In Afghanistan

Reuters reports today that an Afghan court has sentenced the editor of a women's magazine to two years imprisonment for writing a blasphemous article against Islam. In his article, Mohaqiq Nasab questioned the need for harsh Islamic punishment for apostates, thieves and others. Under Islamic law, blasphemy is punishable by death. Nasab can appeal the sentence.

Teheran Paper Decries Christian Missionaries

The Islamic Republic News Agency reports on an editorial in Sunday's Teheran Times that decries the activities of Christian missionaries throughout the Islamic world. The editorial contended that Fundamentalist evangelists are backed in the United States by many politicians and millions of dollars of donations. It said that the main reason of providing help for the needy in Muslim areas "is not to give humanitarian assistance but to gain sympathy and trust, which are needed for missionary activities." In many Muslim countries there are no specific laws that prohibit Christians from conducting missionary activities. The paper said such activities, however, are forbidden by the shariah (Islamic law).

Religion and Zoning In Rockland County, NY

The New York Times today focuses on Ramapo, New York in Rockland County. There is rising tension between Orthodox Jews in the community and other groups. At the center of current tensions are a rezoning plan for an area called Patrick Farms which will allow homes to be built on one acre instead of two. But this is part of a larger battle against ultra-Orthodox Jews and politically connected developers connected to them. Other groups claim they have a disproportionate influence in government. These residents point to neighboring Hassidic Jewish towns such as New Square, and fear that this is what will become of Ramapo. But Marlaine Paone, a leader of an effort to form a village called Ladentown to better control growth in Ramapo, says: "It's about development, about the environment, it's not about religion. I'm Jewish. Two-thirds of my organization is Jewish."

Indiana School Attempts To Accommodate Muslim Children

At last week's Porter Township, Indiana school board meeting, a number of parents raised objections to the way in which Porter Lakes Elementary School is attempting to deal with the enrollment for the first time of two Muslim children. The NWI Times today reports that the school set aside a room in which the Muslim children could pray, rather than forcing them to go to a corner of the cafeteria where other students might laugh at them or humiliate them. Some parents argued that this was unjustified favoritism. However, David Emmert, general counsel for the Indiana School Board Association, said that this kind of religious accommodation is required by law. The school also held a mini-assembly for the second and third grade about Muslim culture. The school defends this under it curriculum standards that call for discussion of different cultural traditions. Some parents objected that this amounted to teaching of religion because Islam was discussed as being intertwined with Muslim cultural traditions.

Some Jewish Groups Oppose DHS Funding for "Hardening" Terror Targets

UPI yesterday reported that the Union for Reform Judaism has Establishment Clause concerns over a plan by the Department of Homeland Security to provide funds for New York area non-profits (including religious institutions) that are high-risk terrorist targets to "harden" their defenses. The plan will provide up to $75,000 for each institution, including synagogues and Jewish day schools, to build such things as concrete barriers and blast-resistant windows. A total of $7.3 million will be provided to 100 non-profit group. Other Jewish leaders, however, do not oppose the funding, which is equally available to non-religious non-profit institutions.

Repeal of British Blasphemy Laws Urged

Ekklesia yesterday reported that the former Archbishop of Canterbury, Dr George Carey, has said that the UK’s blasphemy laws – which protect only Christians – are redundant and should go. Ekklesia, a UK Christian think tank agrees, and the Church of England is unlikely to oppose the proposal if other protections are in place. Ekklesia says that granting special privileges to Christianity does not help it, and restricts the free flow of argument needed on religious issues. Originally, the government had proposed an end to the blasphemy laws as part of its proposal to enact Britain's controversial Racial and Religious Hatred bill which is now also before the House of Lords. (See prior posting.) Subsequently, the government changed its mind. The proposal to repeal the blasphemy laws is being introduced in the House of Lords by Lord Avebury, a respected and long-standing campaigner for human rights, refugees and freedom of speech.

Federal Legislation Introduced To Aid Schools Educating Storm Victims

The Associated Press reported that on Thursday, Senate education leaders proposed a bi-partisan hurricane relief package containing compromise provisions on aid to parochial schools that take in storm victims. It would allow both public and private schools to seek reimbursement of up to $6,000 for each displaced student they serve, or $7,500 for each student with disabilities. The federal money would flow through public school districts, which would then be charged with making payments to the eligible private schools.

The bill would ban public money from being spent for "religious instruction, proselytization or worship." However, critics of school voucher programs said they favored a model in which public school districts purchase services from private schools but retain oversight over the money. Rev. Barry Lynn, executive director of Americans United for the Separation of Church and State said, "I don't see the difference between this program and a voucher program. This gives millions of dollars in virtually unrestricted cash grants to religious schools."

In the House of Representatives this week, leaders introduced a bill that was much closer to a pure voucher system. It would create accounts for parents of children affected by the hurricane, worth up to $6,700 per student that could be used to attend a public or private school for one year.

9th Circuit Arguments On Islam Role-Playing In Schools

The New York Sun reported yesterday on arguments in the U.S. Ninth Circuit Court of Appeals on Wednesday. Two Christian families from Contra Costa County, California appealed from a 2003 decision. They had charged Byron, California school officials with violating the First Amendment's Establishment Clause. In order to acquaint seventh graders with Islam, Excelsior Elementary School had students role play. They were to wear Islamic dress, recite phrases from the Koran, and mimic the fasting associated with the observance of Ramadan. They also engaged in a "race to Mecca". An attorney for the families, Edward White III, told the Court that during the eight-week unit on Islam, religious teachings were described as "facts" and students were instructed to wear name tags that included the religion's star-and-crescent imagery. "All of these actions are crossing the line," said Mr. White, a lawyer with a Michigan-based Thomas More Law Center.

Fired Teacher Claims Religious Discrimination

The Deseret News yesterday reported on the ongoing Utah jury trial in which South Sevier High School teacher Erin Jensen claims that her termination as a "provisional" teacher and the school's refusal to re-hire her resulted from discrimination against her on the basis of gender and religion. Rumors were circulating labeling Jensen, who is not a practicing member of the dominant LDS Church, a "witch" and a "coffee drinker". Parents of some of her students complained to the school's principal about Jensen "giving ideas" to students. They said she discussed "different belief systems" and that at one point she swore in class. Jensen's attorneys have pointed to school board meeting minutes that contain comments from parents that Jensen practices witchcraft, chooses Halloween as her favorite holiday and "prefers the dark side." Later, those minutes were changed to delete those comments.

Ohio Amish Campaign For Votes Against Zoning Restrictions

In Geauga County, Ohio, the Amish community has taken an unusual step into the political arena. Normally their religious beliefs require them to keep their distance from outsiders. The Associated Press reported yesterday however that the Amish say a Huntsburg Township ordinance restricting the size of home-based businesses prevents them from opening woodworking shops. These shops allow them to continue to work alongside their children, one of the tenets of the Amish lifestyle. Unwilling to pursue their objections through the courts, three Amish men successfully circulated a petition to put the zoning issue on the ballot. Now they are campaigning to urge voters to vote to eliminate the restrictions in the November 8 election.

Egyptian Scholars Warn Against Changes To Constitution

Egypt's Constitution (Art. 2) provides "Islam is the official religion of Egypt and Islamic Shari'ah is a main source of legislation." Islam Online yesterday reported that a number of secular, leftist and Coptic thinkers have argued that this provision should be eliminated. In response, 110 Egyptian scholars and thinkers have signed a statement warning that "Such calls put at stake social peace in Egypt". The statement argues that "a foray of groundless criticism of Islam and Islamic Shari'ah is taking place, under foreign interference...."

NY's Highest Court Upholds Restrictions On Church's Expansion

Yesterday, New York's highest court, the Court of Appeals, decided Pine Knolls Alliance Church v. Zoning Board of Appeals of the Town of Moreau. The court upheld the Zoning Board of Appeals decision that restricted a church's expansion by preventing its constructing a second driveway when the expansion could be accomplished in another manner that was less intrusive to neighboring properties. Yesterday's Newsday reported on the church's argument that prior law precluded the zoning board from requiring the church to prove that it had a need for the second road. However, the Court of Appeals concluded "there was no discussion in the ZBA determination concerning whether the Church needed its comprehensive expansion plan...
Rather, the inquiry was whether the proposed expansion could be accomplished in a manner that mitigated the negative impacts on the surrounding community."

Rep. Jones Urges Executive Order Lifting Restrictions on Military Chaplains

The Washington Times today reports that Rep. Walter B. Jones, a North Carolina Republican member of the House Armed Services Committee is circulating a letter among House colleagues to send to President Bush urging him to issue an executive order freeing chaplains in the military to pray according to their faiths. Rep. Jones says that Christian military chaplains are being told to use general terms when they pray publicly, and to not mention the name of Jesus. Army spokeswoman Martha Rudd said that branch's chaplains may speak freely if they are addressing a service of their specific faith, but in general military assemblies or services they should take a more general approach in order to show respect for all faiths.

Changes Proposed For British Religious Hatred Bill

Next week, Great Britain's controversial Racial and Religious Hatred bill will face committee hearings in the House of Lords. (See prior postings 1, 2, 3). BBC News reported today that opponents of the bill have now proposed compromise language to insure that commentators and comedians can still ridicule and criticize religion. The proposed amendments would provide that no one could be convicted under the law unless it is proved they intended to stir up hatred; that only threatening words would be banned by the bill, not those which are only abusive or insulting ; and that the law would not restrict discussion, criticism of expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or beliefs. Liberal Democrat peer Lord Lester said: "The purpose of these amendments is to take the rot out of a rotten bill."

Appellate Court Permits Kindergartener's Claim On Jesus Poster To Go To Trial

In Peck v. Baldwinsville Central School District, 2005 U.S. App. LEXIS 22368, the Second Circuit Court of Appeals on October 18 affirmed the trial court's dismissal of plaintiff's Establishment Clause claim, but vacated and sent back for trial plaintiff's First Amendment expression claim. The case grows out of a parents' challenge to the school's refusal to display their kindergarten child's environmental poster that included a picture of Jesus.

The court said: "the district court overlooked evidence that, if construed in the light most favorable to Pecks, suggested that Antonio's poster was censored not because it was unresponsive to the assignment, and not because Weichert and Creme believed that JoAnne Peck rather than Antonio was responsible for the poster's content, but because it offered a religious perspective on the topic of how to save the environment." It went on to say: "however, we do not foreclose the possibility that certain aspects of the record might be developed in such a manner as to disclose a state interest so overriding as to justify ... viewpoint discriminatory censorship. For example, The District has proffered its interest in avoiding the perception of religious endorsement as a rationale for not including Antonio's full poster in the environmental assembly." Yesterday's New York Newsday reported on the decision.

Government Reverses Its Position On Deportation of Persecuted Chinese Christian

As reported in an earlier posting, in August the Fifth Circuit Court of Appeals upheld a decision of the Board of Immigration Appeals which refused to permit a Chinese Christian who claimed religious persecution to remain in the United States. The controversial decision held that the petitioner had been punished at home for violating China's law on unregistered churches and not because of his religion. But now the government has had a change of heart. Jubilee Campaign, an international human rights organization, worked with Congressional officials and others to get a reversal of policies within the Department of Homeland Security and the Justice Department. Yesterday Agape Press reported that the efforts have been successful.

On October 4, in a surprise move, DHS filed a "Motion to Reopen and Withdrawal of Appeal" with the Board of Immigration Appeals. Then the DOJ's Board of Immigration Appeals reinstated the original decision of the immigration judge that had allowed respondent Li to stay in the United States.

Will City Pay Plaintiff's Legal Fees In Prayer Case?

Now that the U.S. Supreme Court has denied certiorari in Great Falls, SC v. Wynne, in which the Court of Appeals banned explicitly sectarian prayers at town council meetings , a battle is looming over legal fees. A federal court last month ordered Great Falls to pay $53,000 in legal fees that Darla Wynne incurred in her four-year fight over the prayers. The Rock Hill, SC Herald reported earlier this week that Town Council meets next Monday, but its agenda does not include action on the federal court order. If Great Falls does not pay this week, Wynne's lawyer, Herbert Buhl, said he will ask the federal court to enforce the order and send federal marshals to seize assets so he can collect.

AZ Police Suspended For Polygamy

The Arizona Peace Officer Standards and Training Board voted unanimously Wednesday to revoke the certifications of two Colorado City, Arizona police officers accused of practicing polygamy, according to yesterday's San Diego Union-Leader. Colorado City is dominated by Fundamentalist Church of Jesus Christ of Latter Day Saints that encourages polygamy, and this is the latest of many enforcement steps against the FLDS Church. (See prior posting.) A predecessor agency in 1990 had refused to decertify Colorado City's then-marshal on the basis of his practicing polygamy, instead deciding that it merely amounted to cohabitation.

NJ Jail Ends Kosher and Halal Meals

The Passaic County, New Jersey jail has stopped serving halal and kosher meals to inmates, according to a report yesterday from the Bergen County Record. The change comes during Ramadan and as the jail is being audited by the Department of Homeland Security's Office of the Inspector General after immigration detainees complained of poor conditions and abuse. An internal jail memo dated Monday stated, "As of 10/17/05 there will be no more kosher meals. The religious diet tray will be a vegetarian diet tray." Federal immigration detention centers are required to provide food that is prepared according to religious customs. The jail had been ordering prepackaged kosher and halal meals, but stopped because it was too expensive. The sheriff's office said that the jail will now make its own halal and kosher meals by adding two layers of plastic wrap to the tray. But inmates said the two sheets of wrap and absence of meat does not meet their religious standards.

Review Of Book On Islamic Law In Secular Asian Courts

The Hindu yesterday carried a review of Cases in the Muhammadan Law of India, Pakistan and Bangladesh, by Asaf A.A. Fyzee, edited and revised by Tahir Mahmood. Oxford University Press issued the book last year. The book looks at interpretation of Islamic law by secular courts in India, Pakistan and Bangladesh in 19 different subject areas. The reviewer points out that Islamic scholars differ among themselves on the degree of authority they give to interpretations of Islamic law by modern secular courts.

FEMA To Aid Rebuilding Religious Social Service Facilities, But Not Churches

The Washington Post reports today that the federal government will help rebuild parochial schools, nursing homes, assisted-living facilities, community centers and similar religious institutions destroyed by Hurricane Katrina. But it will not pay for reconstruction of churches or other houses of worship. James Towey, director of the White House Office of Faith-Based and Community Initiatives, announced in a conference call to reporters that religious groups that run "essential, government-type facilities" can apply for reconstruction grants from FEMA. But facilities used primarily for inherently religious activities are not eligible. Before receiving federal funds, religious groups must exhaust private insurance coverage and apply for disaster loans from the Small Business Administration. The reaction to the announcement from religious groups was mixed. This follows an earlier announcement that FEMA would reimburse churches and other religious groups that shelter and feed hurricane victims at the request of state or local officials. (See prior posting.) [Thanks to Marty Lederman via Religionlaw for the information.]

Civil Protection Order Does Not Violate Free Exercise

In Rogers v. Johnson-Norman, 2005 D.C. App. LEXIS 517 (DC Ct. App., Sept. 26, 2005), the District of Columbia Court of Appeals held that a provision in a civil protection order against an alleged stalker does not deprive him of his constitutional right to the free exercise of religion. The order requires the appellant to stay away from the church that the complaining witness attends in Maryland.

Settlement Offer In Suit Against Air Force Academy

The plaintiff in a law suit filed recently against the Air Force Academy challenging prosetylization of cadets has offered to settle. (See prior posting.) The Associated Press reported yesterday that Sam Bregman, the Albuquerque attorney representing the plaintiff who is an Academy graduate and father of a current cadet, faxed a letter to Mary L. Walker, the Air Force's top lawyer in Washington, making the offer. Bregman asked the Air Force to agree to a stipulated order in federal court that no one in the Air Force, including a chaplain, will "in any way attempt to involuntarily convert, pressure, exert or persuade a fellow member of the USAF to accept their own religious beliefs while on duty.'' He also asked that the service not permit or advance one religion over another, or over no religion.

Ark and Torah Added To Pentagon Chapel

In 2002, in the Pentagon, a chapel was built at the site where American Airlines Flight 77 hit the building on Sept. 11, 2001. The Pentagon Memorial Chapel was dedicated in memory of the individuals who lost their lives there on 9-11. Now the Chapel has a new addition to it. On Monday, The Jewish Press reported that a Torah scroll is now housed in an ornate Israeli-built ark in the Chapel. A dedication ceremony was held on September 26. Rabbi Andrew Cohen, who until recently served as chaplain at the Pentagon chapel, said that the Torah scroll will accommodate the needs of Jewish servicemen and officials at the Pentagon when prayer services may be held in the Chapel. The Aleph Institute, a national Jewish organization devoted to Jews in the military and in prisons obtained a donation for the ark and Torah scroll from the generous donor Yaakov Sopher.

Interview With Seamus Hasson On Religious Liberty

Tuesday's National Review Online carries an interesting interview with Kevin Seamus Hasson, chairman of the Becket fund for Religious Liberty and author of the new book, The Right to Be Wrong: Ending the Culture War Over Religion in America. Here are two excerpts, but the full interview is worth the read.

The biggest threat [to religious liberty in the U.S.] comes from people who think that religious truth is the enemy of human freedom — that the only good religion is a relativist one.... Practically speaking, the threat comes from lawyers, judges, and political elites who think that nativity scenes and menorahs are like secondhand smoke — something that decent people shouldn't be exposed to in the public square.... The second biggest threat is believers who let themselves be goaded into accepting the same false dichotomy between truth and freedom, only on the other side. They fall into the secularists' trap and think that in order to defend the truths of faith they have to oppose the whole idea of human freedom. Like the bureaucrats in a Cobb County, Georgia, jail who tried to prevent Catholic priests from ministering to prisoners because they were afraid some Protestant prisoners would decide to convert.

Discovery Institute Files Amicus Brief In Kitzmiller

The Center for Science & Culture reports that on Monday the Discovery Institute, the leading think tank on intelligent design, filed an Amicus Curiae brief in the Kitzmiller v. Dover Area School District urging the judge uphold the constitutionality of teaching Intelligent Design. Monday marked the beginning of the defense's presentation of evidence in the case. Dover School Board has required to read to students a statement notifying them about the existence of the theory of intelligent design as an alternative to the theory of evolution. (See prior posting.)

The 34-page amicus brief (full text) argues that there are many secular purposes for teaching the theory of Intelligent design, and that teaching it advances science education and does not primarily advance religion. The brief also has 2 Appendices, one setting out the revised expert report of Stephen C. Meyer, PhD, and the other claiming to document that Intelligent Design makes no claims about the identity or nature of the intelligent cause responsible for life.

New Data On Religiously Motivated Hate Crimes In U.S.

The FBI has recently released its report on Hate Crime Statistics for 2004, collected under the 1990 Hate Crime Statistics Act. The report shows an increase in hate crimes. It says that 16.4% of the reported hate crimes were religiously motivated. Those broke down as follows: There were 1374 total incidents of religiously motivated hate crime. Of these, 954 were anti-Jewish, 57 were anti-Catholic, 38 were anti-Protestant, 156 were anti-Islamic, 128 were anti-other religion, 35 were anti-multiple religions or groups, and 6 were anti-Atheism/Agnosticism. The Anti-Defamation League today issued a press release welcoming the report and calling for increased efforts to address the problem of hate crimes.

In Philippines, Senator Claims Permitting March Would Violate Establishment Clause

The Philippine Constitution has an Establishment Clause virtually identical to that in the U.S. Constitution. The Philippine Star today reports on a controversy over the meaning of that clause growing out of a political demonstration held last Friday. Under Philippine law, marches and demonstrations are limited to the location in the rally permit granted by the government. A number of Catholic bishops and priests were part of the group that violated that requirement and were hosed down by police while marching peacefully from Plaza Miranda in Quiapo, Manila in what they called a "prayer rally". Philippine Sen. Miriam Defensor Santiago criticized the marchers saying "The Catholic religion does not possess the governmental power to determine the venue of any rally." Because of the Establishment Clause, Santiago said that the attempt of the protesters to change the authorized venue for the rally by using two bishops, a priest and a few nuns constituted excessive entanglement. "It would turn over the traditional governmental power to regulate public assemblies to a few Catholic bishops and religious," she added. "No religion can serve to camouflage law disobedience by invoking freedom of religion. That would be creeping theocracy," Santiago said.

Indian Government Seeks Church Assistance In Health Initiative

The government of India seems to have embarked on its own version of faith-based initiatives, according to a report in today's Asia News. Anbumani Ramadoss, Health and Family Welfare Minister, during a speech on selective abortions and birth control, said that the government wishes to collaborate with leaders of Catholic and other religious communities to control disparity in the gender ratio and to upgrade the country’s health system. Fr. Alex Vadakumthala, secretary of the Health Commission of the Catholic Bishops’ Conference commented, "The Indian government has launched a programme called Rural Health Mission in which they ask for the collaboration of the Church to improve health services in villages. We have said very clearly that we intend to collaborate with the government and non-governmental organizations only if Catholic morals and ethics are respected."

Cartoonists and Miers' Religious Beliefs

From today's New York Times:

Christian Exodus Movement Attracts Few Supporters

The Christian Exodus Movement seems to be losing steam. The Greenville, SC News reports today that only 94 people attended the group's convention this weekend. The 2-year-old group seeks to convince enough like-minded people to move to South Carolina so it can take political power and transform government to reflect Christian values. (See prior posting.) Only six families, made up of 14 adults and 20 children, have moved to Christian Exodus' two target counties, though the group's leaders say it is getting unexpected support from local residents. Founder Corey Burnell said that the group's first candidates will probably run next year with a 10-year goal of seizing the Legislature. But its initial focus will be on county and city councils, sheriff's races, and school boards. He also indicated that the group hopes to make property ownership a prerequisite for voting. Burnell also said that with national power, Christian Exodus would seek to determine whether the 14th, 16th and 17th amendments to the U.S. Constitution were "ratified properly, and if not, put them up for proper ratification."

Court Upholds Size Limits For Church Building

In Vision Church v. Village of Long Grove, 2005 U.S. Dist. LEXIS 23493 (ND Ill., Oct. 7, 2005), an Illinois federal district court rejected Vision Church’s challenge to the denial of its application for a special use permit to allow construction of a church complex on its property. The Church, comprised mainly of America-born Chinese, projected that its membership would grow rapidly. However, the Village’s Public Assembly Ordinance limited the size of the Church’s building to 55,000 square feet, far smaller than the Church’s proposed building. The court rejected Establishment Clause, Free Exercise Clause, RLUIPA, Equal Protection Clause and other claims raised by the Church, and granted the Village’s motion for summary judgment on all claims.

First Edition of "The Bloudy Tenant" Discovered

A rare 1644 First Edition of Roger Williams, The Bloudy Tenent, has been discovered in the collection of the Rhode Island Historical Society according to a report in today’s Providence Journal. The book sets out Williams’ theories of religious liberty and freedom of conscience. It speaks of the need for a sturdy fence separating the sacred and the secular, and calls for an end to people being persecuted for their religious beliefs. Williams was banished from Massachusetts for his radical views. Karen Eberhart, the Historical Society’s Library Director, said that the newly discovered volume is in good shape because it was printed on paper made from cotton, rather than wood.

WI Governor Vetoes Bill Allowing Doctors Religious Objections

The Milwaukee Journal Sentinel today reports that Wisconsin Gov. Jim Doyle on Friday vetoed for the second time a bill that would have protected physicians, nurses and other medical professionals who refuse on moral or religious grounds to participate in medical procedures such as assisted suicide, euthanasia and the destruction of human embryos. The bill, A.B. 207, contained no exception for cases in which the patient’s health or life is in danger. Also there were no provisions to require the health care professional to advise patients of treatment options or to provide a referral for the patient. In his veto message, the Governor expressed special concern about the impact the bill would have in rural areas and said that the bill would put the political views of doctors ahead of the best interests of patients.

Christian Groups Urge Support For Digital TV Multicast Must-Carry Provision

Christian religious groups and Christian broadcasters are urging their followers to contact members of Congress to encourage them to support Multicast Must Carry in the Digital TV bill that is about to be introduced into Congress. This release by Trinity Broadcasting Network is typical. Last week the Christian Coalition of America held a news conference to explain the issue.

The Chairman of the House Committee on Energy and Commerce, Congressman Joe Barton, (R-TX), and Senator Ted Stevens, Chairman of the Senate Committee on Commerce, Science and Transportation are about to introduce digital television legislation. It is believed that the House Chairman opposes inclusion of a "Multicast Must-Carry" provision which would create the level playing field that religious broadcasters need in order to survive in the digital television environment.

The federal government's mandate for all television stations to convert from analog to digital technology has opened the door for broadcasters to offer more than one channel to their viewers. Conservative, faith-based and family friendly broadcasters will be able to offer up to six channels in each city that they operate in.... "Multicast Must-carry" is the only means for ensuring the ability of the Christian broadcasters to get these new channels on digital television.... The cable companies do not readily carry the Christian networks, so this "Multicast Must-carry" law will force cable and satellite companies to put these new faith and family networks on their service.

Dover Trial Drags On; Students Nonplused

The Dover Pennsylvania trial pitting proponents of intelligent design against those who argue that only evolutionary theory belongs in science classes drags on. The trial, challenging a statement questioning evolution that was to be read to all biology students, began on Sept. 26. (See prior posting.) Full transcripts of each day's testimony are available online, as is extensive coverage at Speaking Freely, a special blog set up by the ACLU of Pennsylvania. Meanwhile the York Pennsylvania Record this week interviewed a number of students in the Dover school district. They tend to have a bit more perspective, perhaps, than those more directly involved in the fray:

"It's only two sentences," said Tyler Shumaker, a ninth-grader. "It's a real short statement. It isn't going to kill anyone to listen to it." Though he doesn't believe the school should be teaching anything in the statement because he considers it religion, he said they can do what they want. He hasn't heard the statement yet, and he doesn't plan on opting out.

Megan Pfleiger, a 10th-grader, didn't opt out last year, and said, "I thought it was no big deal."

Jonathan Shreve, a senior who didn't hear the statement in class, said, "Personally, I think it's a lot over a little sentence. I know for evolution my class only spent five minutes on it."

Town Official Refuses To Remove "God Bless America" Banners

Yesterday, the Associated Press reported from Lindenhurst, New York, a Long Island town supervisor rejected requests to take down two signs reading "God Bless America". One of the signs is an 11-foot banner on the front of Babylon town hall reading "Thank You to Our Troops, God Bless America." The second, reading "God Bless America," is on one side of a two-sided sign that also serves as a community calendar. Babylon Town Supervisor Steve Bellone said, "God Bless America is practically our second national anthem and a sacred American motto. I am confident that our display of these signs is not offensive to the Constitution, and therefore I will not remove them."

PrawfsBlawg On Miers Nomination and Religious Issue

Over on PrawfsBlawg, Paul Horwitz has a long and interesting post on the role of religion in the Harriet Miers Supreme Court nomination. Here is his summary of his longer discussion:

Properly speaking, there is no religious test problem here; more broadly, events surrounding this nomination raise questions about transparency and cynicism and make clear that clumsy treatments of the intersection between religion and law are not the sole province of the left, or of the non-religious; and I am disappointed that the Becket Fund, which embraced a broad view of the Religious Test Clause where religion is a disqualification for judicial office, has not been equally liberal in its views of whether religion may permissibly serve as a qualification for judicial office.

Recent Publications Of Interest to Religion Clause Readers

Matthew J. Brauer, Barbara Forrest & Steven G. Gey, Is It Science Yet? : Intelligent Design, Creationism and the Constitution, Spring 2005 Washington Univ. Law Quarterly. [From Dispatches From the Culture Wars blog.]

Jay D. Wexler, Intelligent Design and the First Amendment: A Response, Washington University Law Quarterly (forthcoming). [from SSRN]

Victor C. Romero, An "Other" Christian Perspective on Lawrence v. Texas, Journal of Catholic Legal Studies, Vol. 45, No. 1, 2005. [from SSRN]

An updated version of Steven H. Sholk's article, A Guide to Election Year Activities of Section 501(c)(3) Organizations, is in Practising Law Institute's course materials for "Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2005".

Biblical Quote In Courtroom Not Grounds For Reversing Death Sentence

In Malicoat v. Mullin (US Ct. App., 10th Cir., October 11, 2005), the 10th Circuit Court of Appeals rejected a claim of ineffective assistance of counsel raised by a habeas petitioner who had been convicted of murder and sentenced to death. One of petitioner's claims was that his counsel on direct appeal had been ineffective for failing to argue that a carving in the courtroom bearing the Biblical quotation "An Eye For An Eye And A Tooth For A Tooth" deprived him of a fair trial. Petitioner argued that display of the maxim throughout the trial amounted to an Establishment Clause violation. The Court of Appeals held that trial judge's refusal to cover the inscription was not a structural error, and that, as a result, counsel's failure to advance a structural error argument on direct appeal did not constitute ineffective assistance of counsel to petitioner.

Suit Claims Pro-Evolution Materials Online Violate Establishment Clause

In a reversal of usual roles, yesterday the Pacific Justice Institute announced that a parent, Jeanne Caldwell, is filing a federal lawsuit against the University of California at Berkeley and the National Science Foundation over religious statements on the “Understanding Evolution” website that was created with more than $500,000 in federal funding to promote the teaching of evolution. The website directs teachers to statements by seventeen denominations and groups that adhere to the doctrine that there is no conflict between their religious beliefs and evolution. World Net Daily reported today that the website also suggests various classroom activities that use religion to promote the teaching of evolution. The lawsuit alleges that through the website, the state and federal governments are promoting religious beliefs to minor school children in violation of the First Amendment.

U.S. Report on China Finds Religious Freedom Problems

The U.S. Congressional-Executive Commission on China announced the release of its 2005 Annual Report on Oct. 11. The findings in the human rights report report express continued concern over religious freedom in China. In part, the Report said: "The Chinese government continues to harass, abuse, and detain religious believers who seek to practice their faith outside state-controlled religious venues. Religious believers who worship within state-controlled channels are subject to government regulation of all aspects of their faith. In 2005, the government and Party launched a large-scale implementation campaign for the new Regulation on Religious Affairs to strengthen control over religious practice, particularly in ethnic and rural areas, violating the guarantee of freedom of religious belief found in the new Regulation."

Congress created the Commission in 2000 to monitor human rights and the development of the rule of law in China. It is made up of nine Senators, nine House members and five senior Administration officials appointed by the President. The Commission chairman in Nebraska Senator Chuck Hagel.

Ontario Labor Board Upholds Employee's Religious Exemption From Joining Union

Today the publication, Canadian Employment Law Today, discusses an interesting case decided earlier this year by the Ontario Labor Relations Board. Under Canadian labor law, the Labor Relations Board can exempt a worker from a requirement to join a trade union if the worker objects to doing so on religious grounds. This was the first application of the exemption provision to the construction industry. At issue was the sincerity of the worker's beliefs. The Board found that the employee adequately proved that he was entitled to an exemption.

The employee belonged to a fellowship of believers in Jesus Christ, called the Brethren. A central tenet of theirs is that the Bible permits only one assembly-- the believers of Christ. Membership in a union and all other associations violates this tenet of "separation". The employee also believed in the principle of master and bondsman, which also conflicts with belonging to a union. He owed a loyalty to his employer which would be disturbed if he belonged to a union and it acted on his behalf. The principal requires a direct relationship without a union or any other body as an intermediary. To depend upon a union would detract from his belief that salvation is only through Jesus Christ.

The decision, available in full online is Allan v. I.B.E.W., Local 586 (June 15, 2005).

White House Continues To Emphasize Miers' Religious Beliefs

President Bush continues to emphasize Supreme Court nominee Harriet Miers' religious beliefs. Here is an excerpt from his exchange with reporters today.

Q Thank you, Mr. President. Why do people in this White House feel it's necessary to tell your supporters that Harriet Miers attends a very conservative Christian church? Is that your strategy to repair the divide that has developed among conservatives over her nominee?

PRESIDENT BUSH: People ask me why I picked Harriet Miers. They want to know Harriet Miers' background; they want to know as much as they possibly can before they form opinions. And part of Harriet Miers' life is her religion. Part of it has to do with the fact that she was a pioneer woman and a trailblazer in the law in Texas. I remind people that Harriet Miers is one of the -- has been rated consistently one of the top 50 women lawyers in the United States. She's eminently qualified for the job. And she has got a judicial philosophy that I appreciate; otherwise I wouldn't have named her to the bench, which is -- or nominated her to the bench -- which is that she will not legislate from the bench, but strictly interpret the Constitution.

So our outreach program has been just to explain the facts to people. But, more importantly, Harriet is going to be able to explain the facts to the people when she testifies. And people are going to see why I named her -- nominated her to the bench, and she's going to make a great Supreme Court judge.

The Washington Post reports that earlier Family Research Council leader James Dobson had said that White House aide Karl Rove informed him in advance of the choice of Miers and assured him that "Harriet Miers is an Evangelical Christian, that she is from a very conservative church, which is almost universally pro-life, that she had taken on the American Bar Association on the issue of abortion and fought for a policy that would not be supportive of abortion, that she had been a member of the Texas Right to Life."

Prisoner Sues Over Revocation of Kosher Diet

The Rocky Mountain News today reports on a law suit filed in federal court against against the Colorado Department of corrections by an Orthodox Jewish prison inmate who lost 30 pounds while subsisting on peanut butter and crackers after he was barred from eating kosher food. The suit, filed by the ACLU, alleges that prison refused to let Timothy Sherline have kosher food for a year as punishment for allegedly violating dining hall rules by putting pats of butter and packets of salad dressing in his pockets. Prisoners needing special religious diets are required to sign an agreement that allows for the diet to be revoked for a year if the inmate commits two dining hall violations. Sherline had also been accused of buying non-Kosher food at the prison commissary, but he said that he purchased it as a gift for his cell mate.

Air Force Withdraws Code Permitting Limited Proselytizing By Chaplains

The Washington Post reported yesterday that the Air Force has withdrawn "for further review" a code of ethics for Air Force chaplains that endorses the practice of evangelizing service members who are not affiliated with any specific religion. That code is separate from the Covenant and Code of Ethics for Chaplains of the Armed Forces, drafted by the private National Conference on Ministry to the Armed Forces. The NCMAF Code contains a similar provision: "I will not proselytize from other religious bodies, but I retain the right to evangelize those who are not affiliated." The Air Force action comes shortly after the filing of a law suit by a Jewish Air Force Academy graduate, a parent of a current cadet, who claims that officers and cadets impose Christianity on others at the Academy. (See prior posting.)