NY High Court Hears Arguments On Requiring Insurance Coverage For Contraceptives

Yesterday, New York's highest court, the Court of Appeals, heard arguments in Catholic Charities of the Diocese of Albany v. Serio, a case challenging New York's Health and Wellness Act that requires employers' health insurance plans to cover contraceptives. Today's Albany Times Union reports on the "fast paced" arguments over whether the legislature can define narrowly what it means to be a religious employer. The statute exempts churches and religious schools from coverage, but not social service agencies or hospitals. (See prior posting.) The suit brought by Catholic Charities and two Baptist churches argues that the statute is unconstitutional, infringing plaintiffs' rights of speech, association and free exercise of religion. Sister Maureen Joyce, CEO of Catholic Charities in Albany, says: "We're not saying our employees can't use contraceptives. We're saying as an employer we should not be mandated by the state to provide contraceptive services."

Bush's Speech On the War On Terror-- Has He Avoided A "Religious War"?

President George W. Bush yesterday delivered a major speech on the Global War on Terror (full text) to the Military Officers Association of America. In it, he faced the problem with which he has struggled ever since 9/11-- how to define Islamic extremism in a way that avoids turning the war on terror into a religious war. Here are some excerpts from the speech:

The terrorists who attacked us on September the 11th, 2001 ... kill in the name of a clear and focused ideology.... [They] ... are violent Sunni extremists... driven by a radical and perverted vision of Islam that rejects tolerance.... They hope to establish a violent political utopia across the Middle East, which they call a "Caliphate" -- where all would be ruled according to their hateful ideology....

This caliphate would be a totalitarian Islamic empire encompassing all current and former Muslim lands, stretching from Europe to North Africa, the Middle East, and Southeast Asia.... We know what this radical empire would look like.... Under the rule of the Taliban and al Qaeda, Afghanistan was a totalitarian nightmare -- a land where women were imprisoned in their homes, men were beaten for missing prayer meetings, girls could not go to school, and children were forbidden the smallest pleasures.... Religious police roamed the streets, beating and detaining civilians for perceived offenses. Women were publicly whipped. Summary executions were held in Kabul's soccer stadium in front of cheering mobs....

The goal of these Sunni extremists is to remake the entire Muslim world in their radical image. In pursuit of their imperial aims, these extremists say there can be no compromise or dialogue with those they call "infidels" -- a category that includes America, the world's free nations, Jews, and all Muslims who reject their extreme vision of Islam....

[W]e also face the threat posed by Shia extremists... This Shia strain of Islamic radicalism is just as dangerous, and just as hostile to America, and just as determined to establish its brand of hegemony across the broader Middle East.... In 1979, they took control of ... the nation of Iran, subjugating its proud people to a regime of tyranny, and using that nation's resources to fund the spread of terror and pursue their radical agenda.

Two Interesting New Online Sites Created

Two new interesting websites have just come on line. The first is Faithful Democrats. In an introductory posting, Tennessee Senator Roy Herron says:

I am tired of politicians, partisans, and preachers spelling God "G-O-P." But make no mistake — regardless of how wrong they are or how false their doctrine is, they have been frighteningly effective. Now many Americans think Jesus never rode a donkey and today rides only an elephant. The truth is, God cannot be held hostage by any political party. And American Christians should not be either.

The AP yesterday reported on the Democrats' new online initiative. [Thanks to Mainstream Baptist for the lead.]

The second entry into cyberspace is a new blog from the Alliance Defense Fund (news release), called ConstitutionallyCorrect.com. The blog has been created to focus on issues of concern to ADF, such as religious freedom in order to be able to spread the Gospel, the sanctity of human life and traditional family values. (See ADF's website.)

Both sites have been added to Religion Clause's sidebar.

Little Rock Council Moves To Non-Sectarian Invocations

Little Rock, Arkansas city council has decided to permit only non-sectarian prayers to open their meetings after a resident complained about sectarian Christian invocations. City attorney Tom Carpenter gave city council a memo on permissible practices. Some have suggested that city council should hire its own chaplain to give opening prayers, according to a report yesterday by KTAV-TV.

Air Force Academy Adds Secular Group To Extracurricular Program

The U.S. Air Force Academy has expanded its extracurricular Special Programs In Religious Education by adding a secular organization to the list of groups that participate. Free Thinkers of Colorado Springs hopes to bring prominent scientists, authors and academics to the Academy for weekly discussions. The AP yesterday reported on these developments, indicating that Free Thinkers describes itself as "a haven for people moving away from religious dogma." The Air Force Academy has been criticized for imposing Christian doctrine on its cadets. A lawsuit on those charges is pending.

Baltimore Prayer Garden OK'd Over Preservationist Objections

In Baltimore, Maryland, a housing department hearing officer has upheld the decision of Housing Commissioner Paul Graziano who decided that the Archdiocese of Baltimore can tear down a 100-year hotel building in order to build a prayer garden. WBAL-TV reports today that historic preservationists oppose demolition of the historic building located next to a remodeled church. However, they were unsuccessful in their argument that housing authorities should have made their decision without considering the impact of the federal Religious Land Use and Institutionalized Persons Act.

Russian Supreme Court Upholds Order To Tear Down Mosque

On Tuesday, Interfax reported that the Russian Supreme Court has upheld an order by the Sovetsky District Court of Astrakhan that required the local Muslim community to tear down a partially-constructed mosque that was being built without a permit. The Russian Federal Environmental, Technological, and Nuclear Control Service had banned the construction because it was too near a high-voltage power transmission line.

Scholar In Yemen Says Presidential Election Violates Islamic Law

In Yemen, a country that is struggling to have meaningful presidential elections this month, a Muslim cleric, Salafi scholar Abu Al Hassen Al Maribi, says that democratic elections are contrary to the teachings of Islam. He says that under Islamic law, "to compete with the ruler is an illegitimate act". Gulf News today reports that the statement was made during a rally supporting the re-election of current President Ali Abdullah Saleh. Not surprisingly, the campaign of opposition candidate Faisal Bin Shamlan strongly criticized the cleric's ruling, saying: "This is an affront to the constitution which provides for democracy, the multi-party system and peaceful transfer of power. And releasing such fatwas means non-recognition of constitution, laws in effect and elections." Opposition leaders called for the Supreme Committee for Elections and Referendum to ban such fatwas.

Israel To Appoint 10 More Rabbis To Conversion Courts

Yesterday's Jerusalem Post reports that ten new rabbinic judges will shortly be appointed to fill vacant places on the country's Jewish conversion courts. In recent years, rabbis have been slow to approve potential converts, and some say that the current 25 judges have little to do. There is speculation that the new appointments are an attempt to loosen up on standards for approval of converts. However, apparently some of the new judges will specifically serve the haredi (ultra-orthodox) community that has been increasingly critical of the conversion authority as not being strict enough in its screening of converts. The new appointments do not appear likely to solve the biggest problem facing the conversion courts-- screening 280,000 non-Jewish immigrants from the Former Soviet Union who may wish to convert. None of the new judges speak Russian. Rabbinic judges must determine that a potential convert is sincere in his or her desire to convert, before the conversion can be approved. Deciding this through a translator's filtering of testimony is difficult.

Azeri Women Call For Change In Rules On ID Photos

In the largely Shiite Muslim country of Azerbaijan, government regulations prohibit women from wearing a hijab, or religious headscarf, in photos on their identification documents. Now activists at a meeting of the Center for the Protection of Freedom of Conscience and Religion are calling for a change in the rules. Yesterday's Middle East Times says that women who refuse to remove their headscarves for passport and other identification photos lack equal access to jobs, health care, the right to travel and the right to vote.

Chinese Police Bulldoze Unregistered Catholic Church

China's attempts to require registration of places of worship has led to a confrontation on the island of Pingtang in Fujian province in southeast China. About 10,000 Catholics live on the island. They have refused to register with the government because they do not want to be controlled by the Patriotic Association that is trying to create a Catholic church that is not connected to the Vatican. Asia News yesterday reported that on Sept. 1, about 500 Chinese police brought in bulldozers and destroyed an illegal church building that had been completed less than two months ago at a cost of some $50,000. Police also warned that they plan to destroy another church that is being built in Ao Qian village. (See related prior posting.)

Jacksonville Sued Over Day of Faith Program

While they did not succeed in getting a court to ban the event from taking place, the American Atheists is now suing to recover for the city and its schools the $101,000 Jacksonville, Florida spent for its recent Day of Faith anti-violence rally, and to prevent future events of the same kind. The ACLU has also requested records regarding the program. The Florida Times-Union and WAWS Fox30 both report on the developments. The city has had 103 homicides so far this year. Mayor John Peyton promoted A Day of Faith: Arming Our Prayer Warriors to help combat that homicide trend. Some complain that the rally was too religious in nature for the city to have sponsored. The mayor, however, says that all citizens were invited and that secular non-profit organizations were heavily involved in the program as well.

British Lord Proposes Faith Quotas In Religious Schools

In Great Britain last month, during debates in the House of Lords on the Education and Inspections Bill (2006), Lord Baker of Dorking proposed an amendment that would require any new school that has a religious character to set aside 30% of its seats for pupils who do not practice the religion of the school. Independent Catholic News today says that the Catholic Education Service (CES) is strongly opposed to the proposal. Backers of the proposal say it would promote social cohesion, but CES argues that instead it would undermine existing harmonious intergroup relationships.

Pope And Students Discuss Evolution, Sans Intelligent Design

Reuters reported yesterday that Pope Benedict XVI had concluded his annual three day discussion with his former theology doctoral students. This year's topic was evolution. Participants said they spent very little time discussing Intelligent Design and even less talking about Creationism. The Catholic Church does not read the book of Genesis literally. It accepts evolution, but with a role for God's will in creation. Last year, Vienna's Cardinal Christoph Schonborn, one of the speakers this past week end, published a controversial article in the New York Times suggesting that the Church might embrace Intelligent Design. (See prior postings 1, 2 .)

Dutch Justice Minister Refuses To Bar Madonna's Concert

As Madonna's "Confessions" concert tour moves through Europe, Christian groups continue-- unsuccessfully-- to protest her mock crucifixion scene. On Friday, Netherlands' Justice Minister Piet Hein Donner refused requests by the Protestant Reform Party to block her appearance. CBC reported yesterday that Donner told those opposing Madonna's act; "Judgment over whether the event in question constitutes blasphemy is not up to the justice minister, but up to prosecutors and ultimately a judge." (See prior related posting.)

In Ohio State School Board Race, ID Proponent Faces Challenge

Two widely read blogs, the Daily Kos and Dispatches from the Culture Wars this past week have featured an upcoming election contest for Ohio's Board of Education in which a leading advocate of Intelligent Design, currently on the Board, is being challenged. In November, incumbent Deborah Owens Fink faces Democratic U.S. Rep. Tom Sawyer of Akron, a former school teacher who has served on education committees in both the state legislature and the U.S. House of Representatives. On his campaign website, Sawyer says, "Ohio's Board of Education spends far too much time and wastes far too much money pursuing fringe issues driven by special interest groups."

California Judge Orders Revision of State Board of Education Textbook Review Rules

IndoLink on Friday reported that in Hindu American Foundation, et al., v. California State Board of Education, a California Superior Court judge gave a partial victory to Hindu parents of California school children. On their behalf, a group of Hindu-American organizations were challenging the procedures used by the State Board of Education in approving revisions on the coverage of Hinduism in sixth grade textbooks. Judge Patrick Marlette held that the review rules used by the State Board of Education were invalid. However, instead of ordering the schools to stop using the textbooks that had been approved, he ordered SBE to correct the defects in its regulatory framework. (See related prior posting.)

UPDATE: On Sept. 6, India-West gave a more complete account of the judge's opinion, making it clear that while the judge had problems with the BOE's procedures, he found that the textbooks themselves were not unfair in their treatment of Hinduism.

Ohio Implements "Civil Registry" As Compromise On Priest Sexual Abuse Claims

This past May, the Ohio legislature passed and the governor signed Senate Bill 17, a compromise with the Catholic Church on how to deal with claims of sexual abuse of minors by priests where the statute of limitations has run. Many had urged the legislature to create a new window in which civil damage actions could be filed. Instead, new Chapter 3797 of the Ohio Revised Code was enacted. It provides for a "civil registry"that the Attorney General is to maintain on the Internet. Where a victim of childhood sexual abuse is precluded from suing for assault and battery because the statute of limitations has run, a civil declaratory judgment action can be brought instead. If the court finds by clear and convincing evidence that the defendant committed childhood sexual abuse, the court must order the defendant to be listed on the civil registry-- generally for six years, unless there are other offenses. (See LSC Analysis of Bill.)

Recently the Ohio Attorney General's Office approved rules for implementation of SB 17. Last Tuesday, the Toledo Blade reported that the Ohio legislature's Joint Committee on Agency Rule Review took the final step to make those rules effective. On Friday, the blog Dispatches From the Culture Wars launched a tirade against the Ohio law.

A Personal Note In Defense Of A Blog Posting

A little over a week ago, a posting on Religion Clause called attention to the amusing style of Oklahoma federal district Judge Ronald A. White's opinion in a Haskell County, Oklahoma 10 Commandments case. In that posting, I said:

The conclusion of the court-- that the circumstances surrounding the approval and erection of the monument do not demonstrate that the primary purpose or effect of the monument is religious-- is hardly unusual. What is unusual is the literate and amusing opinion written by federal district Judge Ronald A. White. The opinion, whose subheadings are inspired by Dante's Inferno, accomplishes the nearly impossible task of keeping the reader enthralled for 43 pages.

Normally I do not use blog posts for rejoinders to those who have responded to something I have earlier let loose into cyberspace. So when Dr. Bruce Prescott-- whose views I often agree with-- posted an entry on Mainstream Baptist misconstruing my evaluation of Judge White's opinion, I let it pass, assuming that his failure to appreciate the humor in the opinion could be written off to his having been a witness for the losing side in the case. However today, Dr. Prescott's blog post was the text of much of his half-hour commentary on his radio show Religious Talk which was broadcast over Oklahoma City's KREF, streamed over the Internet and archived as an MP3 file on the show's website. So I thought that I should clarify my position.

Dr. Prescott said in his posting and on his radio show:

Friedman might be excused for finding White's decision so entertaining. Reading some legal decisions could easily be prescribed as a cure for acute insomnia. There is a reason, however, why many legal opinions make such dull reading. Justice is far better served by methodical adherence to the rules of logical thought and by impartial application of sound reasoning to legal precedent than it is by the rapturous lyricism and judicial blandishments of misplaced poets.

My point was that Judge White was constrained by Supreme Court precedent which requires the examination of the circumstances surrounding the erection of a 10 Commandments monument to see if those circumstances indicate that the government's primary purpose was a religious one. So, while there was evidence on both sides, it was, in my words, "hardly unusual" that Judge White came out where he did. He was trying to follow somewhat murky Supreme Court precedent. What made the case worthy of note, however, was Judge White's flair in writing the decision.

In other words, a lawyer can admire elegant opinion writing even if he would not necessarily decide the case in the same way. I don't know how I would have decided the case within the confines of Supreme Court precedent since I did not hear all of the evidence. However, I believe that Dr. Prescott's quarrel is with the U.S. Supreme Court. It created the framework in which Judge White had to work. My posting-- perhaps not explicitly enough-- acknowledged that, and went on to examine what an interesting jurist did with the materials he had to work with. To borrow a tack from Judge White: The fault, dear Brutus is not in this decision, but in the precedents.

And, by the way, an editorial in today's Tulsa World, I think, agrees.

Some Iranian Clerics Press For Democracy

Challenging conventional wisdom, a piece in today's Austin Statesman says that influential members of Iran's religious elite believe that the theological underpinnings of Iran's governmental system are no longer valid. While religious councils screen candidates for office in Iran, clerics like Mohammad Ali Abtahi argue that Iran should be democratized. He says: "In Iran, you see two different understandings of Islam, one that masks democracy, human rights and tolerance, another that wants to foster them. We are trying to get the balance back (because) those in power have become blind to justice."

Presbyterian Churches Seeking To Leave Parent Body Have Precedent

Yesterday's Washington Post reported on the growing number of Presbyterian congregations that are trying to break away from the Presbyterian Church (USA) over the issue of ordination of gay clergy. The sticking point in most of these fights is whether the break-away congregation can get title to its church building and other property. Church leaders say that the national body's constitution is clear in providing that local churches hold church property in trust for the denomination.

These kinds of property disputes have a long history in American law and in the Presbyterian Church. An article in last April's issue of The Layman points out that four U.S. Supreme Court cases, beginning with the groundbreaking 1871 decision in Watson v. Jones, involved Presbyterian congregations seeking to become independent or change their affiliations.

New Books and Monographs

Princeton University Press has announced a number of new and forthcoming books of interest:

• Kent Grenawalt, Religion and the Constitution (Vol. I: Free Exercise and Fairness)
• Winnifred Fallers Sullivan, The Impossibility of Religious Freedom
• Michael Walzer (ed.), Law, Politics and Morality In Judaism
• John R. Bowen, Why the French Don't Like Headscarves
  Michael Bonner, Jihad in Islamic History: Doctrines and Practice

New from Oxford University Press:

• Walter Laquer, The Changing Face of Anti-Semitism From Ancient Times to the Present Day

From Black, Inc.:

• Amanda Lohrey, Quarterly Essay: Voting for Jesus: Christianity and Politics in Australia
• Melanie Landau, Nathan Wolski and Michael Fagenblat, New Under the Sun- Australian Jews on Faith, Politics and Culture

From Matthew Bender:

• The Second Edition of Stephen G. Gey, Religion and the State has recently been published.

Forthcoming from Random House:

• Barry W. Lynn, Piety & Politics: The Right-Wing Assault on Religious Freedom

From Sophia Institute Press:

• David Carlin, Can A Catholic Be A Democrat?

Paper Covers Growth Of Religion In Politics

Today's San Gabriel (CA) Tribune carries an interesting background article on the rise of religion in American politics. It reports that on a recent day, speakers invoked God on the floor of the House of Representatives 182 times

WV School's Replacement For Jesus Painting Continues The Controversy

On Thursday it looked like the dispute over church-state issues in the Harrison County West Virginia's Bridgeport High School was over, as the school board agreed it would not replace the painting of Jesus that had hung in the school but was stolen during litigation challenging its constitutionality. (See prior posting.) However today's Charleston (WV) Gazette-Mail reports that this conclusion was premature. Friday afternoon, students associated with the Christian Freedom Alliance donated to the school something to replace the painting. It is a mirror with a brass plate at the bottom that reads, "To know the will of God is the highest of all wisdoms. The love of Jesus Christ lives in each of us." Barry Lynn, executive director of Americans United for Separation of Church and State-- one of the groups that brought the litigation against the school-- said: "In some ways, this is even worse than the picture. This says to a minority student who looks in the mirror, 'by the way, if you know it or not, Jesus is a part of you'." At least one Harrison County School Board member seemed to agree. Wilson Currey said that he felt that the mirror was a way of baiting the groups that had sued.

UPDATE: The Associated Press reports that early Friday evening, three and one-half hours after the mirror was hung at Bridgeport High School, the plaque with the religious inscription on it was removed. Counsel who had negotiated the settlement of the lawsuit advised the move. The school board could become liable for nearly $100,000 for plaintiff's attorneys fees if the terms of the consent order requiring the removal of all religious objects is not carried out. But not all school board members were happy about the superintendent's decision to remove the inscription.

UPDATE 2: The Sept. 4 Pittsburgh Post Gazette carries an excellent piece on the whole controversy, adding some interesting details, such as the fact that the Jesus painting was first hung in the school hallway years ago to hide graffiti, and that administrators at first did not even notice it had been stolen. Also, it reports that the school board may now consider authorizing a comparative religion class and may draft policies on displaying religious items in schools.

Christian Athletes Group In Florida Schools Questioned

A story in today’s Daytona Beach (FL) News-Journal illustrates the fine lines between permissible and impermissible activities by religious groups in public schools. Some parents are upset by activities of the Fellowship of Christian Athletes at four Flagler County schools this week. The group appeared at assemblies in each school offering presentations discouraging drug use and encouraging good decision making by students. The assemblies featured BMX bike stunts, skateboarding and magic tricks, and did not have religious content. However, at the assemblies the group gave out tickets and fliers inviting students to evening events at Flagler Palm Coast High School's gym, which the group had rented with funds from local churches. Some parents complained that they were not aware that the evening activities were going to be religious in nature.

Scott Kirschner, a pastor at Palm Coast’s Parkview Baptist Church, said that the Fellowship of Christian Athletes respected school district rules at the assemblies. He conceded, however, that the main goal of "The Freedom Experience," a national tour, is to introduce youths to Christ.

Milwaukee Diocese Settles With California Abuse Plaintiffs

The Los Angeles Times today reports that the Archdiocese of Milwaukee has reached settlements totaling $13.3 million with eight California victims of clergy sexual abuse. The suits were brought in California by victims who allege that the Archdiocese of Milwaukee transferred one of its priests, who it knew was a pedophile, to California’s Diocese of Orange to get rid of him. California courts have held that they have jurisdiction of the Milwaukee Diocese in these cases.

A Flood Of Prisoner Free Exercise Cases This Week

In McClain v. Leisure (7th Cir., Aug. 23, 2006), the U.S. 7th Circuit Court of Appeals rejected an Indiana inmate’s claim that a prison employee’s seizure of his painting depicting white supremacist and Asatru imagery violated his free exercise rights.

In Runningbird v. Weber, (8th Cir., Aug. 28 2006), the U.S. 8th Circuit Court of Appeals upheld a lower court’s dismissal of an inmate’s claim that his right to practice his Native American Religion was violated. Restrictions on tobacco and sweat-lodge ceremonies, and denial of a Lowampi ceremony were found to be constitutional. It also rejected complaints of denial of a religious advisor, denial of peyote, permitting women to occasionally handle religious objects and observe ceremonies, and denial of certain sacred food for ceremonies. The court also rejected the inmate’s equal protection claim.

In Alston v. Sanchez, 2006 U.S. Dist. LEXIS 61515 (ED CA, Aug. 28, 2006), a California federal district court rejected as moot a challenge by a Rastafarian inmate to a prison’s regulation of hair length. California had changed its grooming policies in response to a 9th Circuit decision invalidating its former policy.

In VanDyke v. Southwest Virginia Regional Jail Authority, 2006 U.S. Dist. LEXIS 60325 (WD VA, Aug. 28, 2006), a Virginia federal district court rejected a series of claims by an inmate who alleged that while he was confined at the Southwest Virginia Regional Jail his constitutional rights, including his right to the free exercise of religion, were violated. The court upheld the jail’s confiscation of the inmate’s chain and crucifix because it could be fashioned into a sharp object, and the jail’s refusal to write a check for $8 from the inmate’s account as a contribution to his church.

In Williams v. Ferguson, 2006 U.S. Dist. LEXIS 61586 (ED CA, Aug. 28, 2006), a California federal district court held that prison officials did not violate an inmate’s rights under RLUIPA when they questioned him as to the authenticity of his claim that he was a practicing Muslim in order to determine whether or not he should be granted an exemption from the prison’s normal grooming standards.

In Kwanzaa v. Brown, 2006 U.S. Dist LEXIS 61703 (D NJ, Aug. 17, 2006), a New Jersey inmate sued alleging a wide variety of constitutional violations. The court permitted him to proceed on his allegation that he was denied his free exercise rights when he was not permitted to attend Ju'mah services in retaliation for his filing a grievance against a prison officer.

In Nelson v. Miller, 2006 U.S. Dist. LEXIS 60654 (SD IL, Aug. 25, 2006), the court overruled a prison chaplain’s objections to various questions in interrogatories from an inmate who was suing to challenge the chaplain’s refusal to approve his request for a diet based on the Rule of St. Benedict that prohibits eating the flesh of any four-legged animal. The court held that the clergyman's privilege does not apply to requests made to the chaplain by an inmate for a religious diet.

Ohio Settles EEOC-Justice Suit On Employee Objections To Union Dues

Today the U.S. Department of Justice and the Equal Employment Opportunity Commission announced a consent decree that resolves religious discrimination lawsuits against the state of Ohio, various state agencies and OCSEA (AFSCME, Local 11, AFL-CIO), a union that represents state employees. The suits alleged that the various defendants violated Title VII of the 1964 Civil Rights Act when they permitted members of churches that have historically opposed unionization to pay an amount equivalent to their union dues to charity, but refused to grant the same treatment to religious objectors who do not belong to these churches. They were required to pay a representation fee to the union. The suit arose out of an employee's religious objections to supporting OCSEA because the union had taken positions in favor of abortion rights and same-sex marriage. (See prior posting.) EEOC Regional Attorney Jacqueline H. McNair said that the consent decree "will protect approximately 37,000 public employees covered by the State of Ohio’s collective bargaining agreement with the Ohio Civil Service Employees Association."

Report Says EPA Right In Approach To Religious Use of Mercury

The Inspector General's office of the U.S. Environmental Protection Agency issued a report yesterday (full text) concluding that the EPA is acting properly in addressing the risks of using the toxic metal mercury in religious rituals. Certain Latino and Afro-Caribbean religions, such as Santeria, Palo, Voodoo, and Espiritismo use mercury ritualistically, wearing it in amulets, sprinkling it on the floor in it s liquid form or adding it to a candle or oil lamp. While this can pose serious health hazards to those using it and to others living in the same building, the EPA has chosen to deal with the issue through a public education campaign instead of by regulation. The report concludes that this was proper, since regulation could drive the religious practices underground and might also pose First Amendment issues. It also concluded that the problem is not widespread and that United Nations action to reduce the use of mercury may help the problem. Reuters yesterday reported on the Inspector General's conclusions.

Plaintiff In Mt. Soledad Case Terminally Ill; New Plaintiff Added

Today's San Diego Union Tribune reports that Philip Paulson, plaintiff in the long-running litigation challenging the constitutionality of the Mt. Soledad cross, has been diagnosed with terminal liver cancer. Paulson's lawyer, James McElroy, said yesterday another plaintiff, Vietnam war veteran Steve Trunk, will be added to the case so that it can continue if Paulson dies. City Attorney Michael Aguirre said he would not oppose adding Trunk as a plaintiff, saying "It's an important issue and it needs to be resolved. We seek justice based on the merits. Seeking to take a cheap procedural advantage due to someone's health would not likely be viewed favorably by the court."

While Paulson said he expected that someone would say that this is God's revenge on him, Charles LiMandri of San Diegans for the Mt. Soledad National War Memorial had a much more charitable reaction: "We'll certainly keep him in our prayers. We don't have any ill will toward anyone. We wish he would spend his time more productively than pursuing this lawsuit. We feel his time could have been better spent."

Suit Threatened Over High School Bible History Course

Texas' East Central Independent School District is one of many which have begun to offer high school courses using The Bible in History and Literature curriculum. (See prior posting.) Now David Newman, a professor at Odessa College is threatening to sue, according to a report in yesterday's Odessa American. Newman objects that the teacher for the course, James Salisbury, is a Baptist minister. Newman also objects to the fact that the King James version of the Bible is the basis for the course. He says this gives the course a Protestant slant.

City Cannot Restrict Size of Anti-Abortion Signs On Parade Route

A minister and his family in Granite City, Illinois have won the right to hold large signs reflecting their religious beliefs about abortion on the sidelines of the city's Labor Day parade, according to a report yesterday from the Madison Record. A city ordinance prohibits signs larger than 8 1/2 by 11 inches within 25 feet of a parade route. However an Illinois federal district court has ruled that this violates the free speech rights of those who want to make their views known to politicians in the parade. Judge William Stiehl wrote:

There is no valid basis for the argument that an 8 1/2 by 11 inch sign is the least restrictive alternative available to meet the goals of free pedestrian traffic, unobstructed views by parade goers and public safety.... The Court is hard pressed to think of a more public forum than a Labor Day parade full of local, state and even national politicians who will travel down a major city street. This is precisely the type of forum that the courts have recognized as a critical venue for the free expression of speech by citizens.

WV School Board Agrees Not To Replace Stolen Jesus Painting

In a surprising development, the Harrison County, West Virginia School Board on Thursday unanimously voted to end its opposition to a pending lawsuit challenging the constitutionality of the display of a painting of Jesus that used to hang in Bridgeport High School. As reported in a prior posting, after the suit was filed, an unknown intruder stole the painting from the school. Now, according to today's Charleston Gazette, after being advised by its attorneys that the high profile case is now moot, the board voted to ask the plaintiffs to drop their lawsuit. In return, the board agreed that "if the reproduction is retrieved, [it] will not put the reproduction back up as it was previously situated." The ACLU and Americans United that filed the lawsuit say they will agreed to dismiss this portion of it so long as the School Board agrees not to put up another display that unconstitutionally endorses religion. However there may still be another shoe to drop. The student sector of the Christian Alliance at Bridgeport High School plans to present the school with a something to replace the painting-- but it will not reveal until this afternoon what that will be.

Viet Nam Says Protestant Churches Are Increasing

Viet Nam's Religious Affairs Committee Chairman Ngo Yen Thi says that the Prime Ministerial directive on the working of the Protestant church issued more than a year ago has successfully led to a substantial increase in the number of Protestant congregations. Viet Nam News Service yesterday reported that a number of new Protestant confederations have been formed and recognized by the government. Recognized Protestant chapters have been given land for churches. However opposition, particularly by the United Front for the Liberation of Oppressed Races, has impeded full implementation of the government directive. (See prior related posting.)

New EEOC Chair Named

On Tuesday, the White House announced that President George W. Bush intends to designate Naomi Churchill Earp to be Chairman of the 5-member Equal Employment Opportunity Commission. Ms. Earp currently serves as Commissioner and Vice-Chair of the Commission. A Hampton Roads (VA) Daily Press story says that Earp is currently serving her second term on the EEOC, and that she previously worked at the EEOC in the 1980's as assistant to Supreme Court Justice Clarence Thomas when he served as EEOC chairman. The EEOC enforces six different federal civil rights laws that prohibit discrimination in employment, including religious discrimination.

Preacher Arrested For Decibel Level Of Revival

The Fort Payne (AL) Times-Journal yesterday reported that on Sunday, Fort Payne, Alabama police arrested an Oklahoma preacher at a tent revival, charging him with violating the city's noise ordinance. Guests at a nearby Holiday Inn had called police to complain about the noise level. Police on 3 visits to the revival requested organizers to turn down the amplifiers. While apparently some were turned off, the decibel level remained high and police finally handcuffed and arrested Rev. Dwayne Blue as he was leading the revival's closing prayer. When asked in municipal court how he wished to plead, Blue said "guilty, but I believe I was only guilty of praying". Later Blue explained, "We weren't being radical, we were just praying, and it wasn't a loud prayer. It was just a prayer to close out the services. I thought handcuffs and things of that nature were for criminals, but I don’t consider myself a criminal for praying for our country and praying for our nation and praying for revival. That’s not a criminal act." The court imposed a $50 fine, $173 in court costs and a suspended sentence of 24 months.

Some Russian Schools Introduce Courses On Religion

BBC News today reports that in four of the Russian Federation's 86 regions and republics, the history of Orthodox Christianity and its religious culture will begin to be taught as a required subject in public schools. Schools in eleven other regions will offer elective courses using a textbook on the history of world religions with extensive focus on Russian Orthodoxy. Russia's Constitution, Article 14(1) provides: "The Russian Federation shall be a secular state. No religion may be instituted as state-sponsored or mandatory religion." Officials emphasize that the new courses will focus on history, not on matters of faith. Other supporters of the move say they want to protect traditional spiritual values in the country where for many years, under Communist rule, teaching of religion anywhere was prohibited. Muslim leaders have reacted to the move by asking for more coverage in schools of Islamic culture.

UPDATE: A Sept. 5 JTA story describes the troubled reaction of Russia's Jewish community to these developments.

Indian Catholics Returning To Hinduism To Get Benefits As Dalits

In India, special laws reserve certain government jobs, bank loans and scholarships for dalits, individuals of of low-caste origin, to help remedy the discrimination that they have experienced. UCA News yesterday reported that Christians are denied these benefits because Christianity has never recognized the caste system. In the state of Raipur, the pro-Hindu BJP party has come to power, and is looking to identify Christians in order to deny them these special benefits. This has particularly impacted a group of Gada villagers who became Catholics 70 years ago, but continue to enroll their children in schools as dalit Hindus. It has also led some Christian converts to formally return to Hinduism to claim dalit status. The trend of Gada Catholics to desert their new-found religion began in the 1980's when Catholic Relief Services stopped providing aid to the villagers.

Another Church Zoning Suit Filed, This Time In Marietta, GA

In yet another zoning dispute between a church and city officials, in Marietta, Georgia, Rev. Frederick Anderson's Covenant Christian Ministries has filed suit in federal district court in Atlanta. The Atlanta Journal Constitution today said that Marietta City Council rejected a rezoning request to permit the church to build a sanctuary, school and dormitory on land the church purchased for $1.6 million. Refusing to look for a new location, Anderson says "This is where God wants us." The suit alleges free exercise, due process and RLUIPA violations.

Malay Muslims Must Sue To Get Change In Religious Status

In Malaysia, where there is ongoing debate over the respective jurisdiction of civil and Syariah courts when a Muslim wishes to convert, last Monday brought a new judicial precedent. Today's New Straits Times reports that in Malaysia's Labuan Federal Territory, a Syariah court dismissed a petition by Kenneth Wong Chun Chiak (also known as Kenny Abdullah) to have his name removed from the Labuan Federal Territory Islamic Council register. Syariah High Court judge Husin Ahamad said that Chiak had followed the wrong procedures. Wong had filed an affidavit with the Council stating that he had converted, and asking for the change in records. The court, however, said that before a Muslim could convert, he was required to file suit under the Federal Territory Syariah Court Civil Procedures Act against the Federal Territory Islamic Council, and ask the Syariah court to adjudicate whether he can renounce Islam.

Group Has Standing To Challenge California Textbook Decision

In California Parents for the Equalization of Educational Materials v. California Department of Education, CIV. S-06-532 FCD KJM (ED CA, Aug. 11, 2006). a California federal district court held that a non-profit organization formed to promote accurate portrayal of Hinduism in California's public schools has standing to pursue claims that California violated the First and Fourteenth Amendments in its 2005 revisions of its History-Social Science textbooks. The court permitted plaintiffs to proceed with their claim for injunctive relief against members of the State Board of Education. However the 11th Amendment bars their suit against state agencies themselves. CAPEEM's Aug. 11 press release give further information on the decision, as does an article in today's India Post. Another article in today's India Post gives background on the litigation. The review process in California has been contentious, and has led to at least one other lawsuit that is pending in state court.

En Banc Review Sought In Bible Monument Case

On Tuesday, according to the Associated Press, the Harris County, Texas Attorney's Office requested that the U.S. 5th Circuit Court of Appeals review en banc the 3-judge panel's August 15 decision in Staley v. Harris County. (See prior posting.) That decision upheld an Establishment Clause challenge to a monument on the Harris County courthouse grounds honoring Houston philanthropist William S. Mosher. The monument includes a Bible in a glass case as part of the display.

Is YMCA A Religious Organization?-- Colorado Tax Board Must Decide

The Colorado State Board of Assessment Appeals on Monday heard arguments in a challenge to the property tax-exemption that the state has given to the YMCA for its properties in two Rocky Mountain vacation areas-- Estes Park and Snow Mountain Ranch. The Longmont Daily Times-Call yesterday reported that the dispute centers on whether or not the YMCA's facilities are places of religious worship. YMCA attorney Stuart Lark said that the YMCA "is a Christian organization" committed to providing "a Christian environment" for people visiting the resort areas, even if those guests are not Christians themselves. Competing hotel owners say the tax exemption gives the YMCA an unfair competitive advantage.

Prayer For Rain Was Part of South Dakota's Call To Fight Drought

In a front-page story yesterday on the severe drought ravaging the Plains States, the New York Times mentioned that South Dakota Gov. Michael Rounds "recently sought unusual help from his constituents". He declared July 24-30 as a "week to pray for rain". The full text of the governor's Executive Proclamation calling for prayer focuses on the economic impact of the drought and the fire dangers it creates. In an accompanying press release, Gov. Rounds said: "We are a strong people and all can provide help in many ways, whether actually fighting the fires, providing assistance to the crews, or joining together in the power of prayer."

Religious Obedience To Husband Causes Problems For Muslim Woman

In Melbourne, Australia, a county court judge has accepted a Muslim woman's request to withdraw her guilty plea to charges of handling stolen property and obtaining property by deception. Her indictment alleged that, along with her husband, Shahida Karim-Hawchar resold stolen cars. Today's Melbourne Herald Sun reports that the woman pled guilty because her husband instructed her to do so, and she obeyed, acting in accordance with her religious and cultural traditions. Lebanese-born Mrs. Karim-Hawchar has not rejected her religious traditions in her plea change. She is withdrawing her plea because her husband has also ordered her to do so. The court refused to permit her husband to withdraw his plea.

FLDS Fugitive Warren Jeffs Is Captured

Yesterday Warren Jeffs, former head of the FLDS Church, was arrested outside Las Vegas, Nevada during a routine traffic stop. The New York Times reports that a state trooper stopped Jeffs’s 2007 red Cadillac Escalade because its temporary Colorado license tag was not fully visible. Jeffs, whose church promotes polygamy, faces charges-- including charges of being an accessory to rape-- in connection with arranging marriages between men and underage women. In May, he had been placed on the FBI's list of the 10 Most Wanted Fugitives. The FLDS Church has been the focus of extensive law enforcement attention in Utah and Arizona since last year. An AP article in the Washington Post traces some of the history of Jeff's controversial leadership and his control over the towns of Hildale, Utah, and Colorado City, Arizona.

New Mexico State Coach Sued For Religious Discrimination

Three Muslim college students who were thrown off of New Mexico State Univeristy's football team have sued the university and coach Hal Mumme for religious discrimination, according to the Associated Press yesterday. The suit, filed on behalf of Mu'Ammar Ali, Anthony Thompson and Vincent Thompson by the ACLU of New Mexico, alleges that Mumme made Muslim students feel like outcasts, questioning Ali about his attitudes toward al-Qaida. Coach Mumme had other players recite the Lord's Prayer after practices and before each game, but made Muslim players pray separately. A University investigation of the charges found no evidence of religious discrimination. (See prior posting.)

California Governor Signs GLBT Bias Bill With No Religious Exception

In California, the Campaign for Children and Families is criticizing Gov. Arnold Schwarzenegger's signing on Monday of SB 1441 that adds "sexual orientation" to the law that prohibits discrimination by any program that receives state financial assistance. Critics are concerned that there is no exception for religiously affiliated institutions. Religiously affiliated colleges enroll students who receive state financial aid, and many religiously affiliated children's day care centers and after-school programs receive state aid. CNSNews today, reporting on these developments, says that other bills calling for equal treatment of gays and lesbians are also pending in the California legislature.

Pakistani Muslim Lawmakers May Have Ripped Up Quran Verses

Last week Religion Clause reported that in Pakistan members of the Muslim alliance known as MMA tore up copies of the government's proposed Protection of Women's Rights Bill. Now, according to yesterday's Asia News, Ashfaq Chaudhry, head of the Islamabad’s chapter of the Pakistan People’s Movement, has charged those Parliamentarians with blasphemy. Apparently the text of the Bill that they tore up contained quotations from the Quran. Section 295-B of Pakistan’s Penal Code provides for life in prison for desecrating the Quran. MMA President Qazi Hussain Ahmed however argues that the draft bill did not contain Quran verses.

Ohio's Blackwell Thanks Pastors For Endorsement

In Columbus, Ohio yesterday, a group of conservative pastors from across the country held their planned news conference to endorse Republican gubernatorial candidate Kenneth Blackwell. The Associated Press reported that in thanking the clergy for their endorsement, Blackwell said:

I stand with you this morning as a defender, as an advocate, for religious liberty. I will fight for the right of the nonbeliever to non-believe, because we all have a right to be wrong. I, in fact, understand that we cannot strip God and faith and religion out of the public square and be the self-governing democracy that we've been for 230 years. From our first president to this president, there's been an innate understanding that a self-governing people must be a community or society that is built on a moral foundation.

Blackwell's Democratic opponent, Ted Strickland, commented, "I think whenever the church allows itself to become a tool of a political movement, or a particular political party, that the church is in danger of losing its moral authority."

Church Members Bless Public School

In Columbus, Ohio last Sunday, 180 members of four local churches surrounded Woodward Park Middle School to bless the building and those who use it. Yesterday's Columbus Dispatch reported on the event. The ACLU of Ohio had sent a letter to the school principal and the district's superintendent, arguing that the event would be perceived as showing favoritism toward particular religious groups. However a school spokesman said that like anyone else, these individuals can walk onto school grounds during the week end. ACLU Litigation Coordinator Gary Daniels warned that "Allowing ministers to bless a public building will open a Pandora's box of other groups that will want to come in and perform similar ceremonies."

German Chancellor Wants Christian Roots In EU Constitution

After meeting with Pope Benedict XVI, German Chancellor Angela Merkel said that Europe needs a constitution that reflects its Christian roots, arguing that "Christianity has forged Europe in a decisive way". Merkel, the daughter of Protestant minister, will assume the European Union's rotating presidency next year. Her views are supported by Spain, Italy and Poland, but mention of Christianity in the document is opposed by France, Britain, Sweden and Denmark. Merkle's position also creates problems for largely-Muslim Turkey as a potential EU member. Merkel's remarks are reported by ANSA, the Guardian, and UK's Muslim News.

School Prayer Challenged In Missouri Law Suit

Last month, the ACLU of Eastern Missouri filed a federal lawsuit against the Doniphan School District in southeast Missouri, alleging that during two honors assemblies at Doniphan Elementary School, teachers led the students in sectarian Christian prayer. The complaint alleges that sectarian prayer at these assemblies, where student attendance was mandatory, violated the Establishment Clause. The suit was filed after attempts to obtain informal resolution of the issue failed. The suit is discussed in an ACLU press release and in a story by Agape Press. The full text of the complaint in Doe v. Doniphan R-I School District is available online as is the ACLU's July 25 Memorandum in Support of Motion for Preliminary Injunction.

California Episcopal Diocese Lays Legal Foundation For Breaking Away

This week's Christian Century reports on legal moves by the Diocese of San Joaquin, California that could permit it to successfully break away from the Episcopal Church in the USA (ECUSA) over opposition to the ordination of women. The major hurdle that a breakaway diocese faces is the legal doctrine that requires civil courts to permit the internal machinery of hierarchical churches to resolve theological disputes within the denomination. San Joaquin Bishop John-David Schofield has has taken steps to make his diocese sufficiently independent of ECUSA that it can argue that it is not part of an hierarchical church. In October 2005, the San Joaquin diocese convention amended its constitution to provide that it takes precedence of national church policy. Then in March 2006, the diocese amended its bylaws to provide that ECUSA no longer has to approve San Joaquin's choice of bishop.

Fearing the impact of these moves on all California dioceses, four other bishops filed charges in an ecclesiastical tribunal against Bishop Schofield, seeking to remove him from the Church. A letter from one of those who filed the charges, San Francisco bishop William Swing, and a response from the Chancellor of the San Joaquin diocese, are available in full text from Virtue Online. Bishop Swing's letter argues that Schofield "has taken actions that put all Episcopal dioceses in the State of California in jeopardy" by undercutting the argument that ECUSA is an hierarchical church. In response, San Joaquin Chancellor Russell VanRozeboom argued that Canon IV.9. under which charges have been brought against Schofield only applies when there is an attempt to affiliate with a religious body that is not in communion with the Episcopal Church. He says that San Joaquin, if it breaks away, will remain in communion with the broader, more conservative world-wide Anglican Church.

VanRozeboom also argues that Bishop Schofield cannot be disciplined for action taken by the the Diocese Convention to amend its constitution, and that the October 2005 amendment only impacts the civil law issue of who is chief officer of the Diocese under California's Corporation Code, not the ecclesiastical issue of who should be Bishop.

Christian Century reports that meanwhile, the conservative Anglican Communion Network (ACN), that claims 900 parishes as members, has taken further steps toward its ultimate goal of becoming a separate Anglican province, with its own seminaries, churches and hierarchy. ACN was formed in 2004 after more conservative Episcopalians became upset with the ordination of a gay man as a bishop in New Hampshire.

Wife's Religious Spoofs Become Central In Custody Case

Newswire Today reports on a child custody case that has gained high profile in the blogosphere. Rachel Bevilacqua is active in the Church of the SubGenius, a "parody religion" that produces materials and engages in satire, performance art, and comedy that take aim particularly at Christian religious denominations. Attempting to gain sole custody of their son, Bevilacqua's former husband introduced photos of Rachel performing in an adult-oriented parody of Mel Gibson's movie, "The Passion of the Christ." Even though Bevilacqua's son has never attended any of the SubGenius events, the offensive photos led an Orleans County, New York judge to take away Rachel's joint custody and give sole custody of the Bevilacqua child to his father. This, in turn, has led to a flurry of online criticism by defenders of free expression. The case has now been reassigned to a different judge.

Early American Textbooks Filled With Christian References

Today's Wall Street Journal Online carries an article on the religious content of textbooks used in schools in the United States in the 18th and early 19th centuries. Christian references were embedded in all sorts of subject matter. In spelling, "A was for Adam, B was for the Bible and C was for Christ." In arithmetic, books asked, "How many days is it since the birth of Our Savior?" Science books said, "All parts of the solar system are framed and adjusted to answer exactly the purpose intended by the Creator." As the country became more diverse in the 19th century, explicit Christian references were dropped, but textbook material still attempted to teach values like virtue and obedience to the law.

Political Scientist on Islam and Christianity In Europe Today

Zenit yesterday carried an interesting interview with political scientist Hans Maier. The interview was conducted in July by the Italian daily Awenire. Maier, who was minister of Education and Culture in Bavaria from 1970 to 1986 and president of the Central Committee of German Catholics from 1976 to 1988, spoke about Europe's relations with Islam and the role of Christians in Europe's public life. Here are some excerpts:

To import in Europe the same Islam that has been structured in Arab countries would mean the suppression of present-day Europe to create another, radically different continent. This does not mean that we cannot have a Euro-Islam, an Islam adapted to Europe. But it presupposes on the part of Muslims respect for religious freedom, pluralism of thought and the distinction between religion and politics. It requires that the mullahs accept to live their faith along with the Jewish synagogues and Christian cathedrals. It is a process of transformation and maturation to which we must call Muslims, if they wish to be part of this Europe of ours.

Political and social participation ... becomes a responsibility that weighs on all Christians, especially in times such as our own, in which all withdraw in the first person from direct commitment. ... Christians are called to unite, to seek ties with others. It must never be forgotten that one of the factors that led to the affirmation of Nazism in Germany was the division between Catholics and Protestants, who were unable to form a common front.

The "secular" state is also in need of values expressed by citizens. It lives from the impulses and binding forces that religious faith itself transmits to its citizens. Hence the reason why it is good for the state to recognize the role of religion. And in Europe this means to be aware of the importance exercised by the Judeo-Christian tradition.

Alabama Dems Tell Holocaust Denier To Leave Party

The executive committee of the Alabama Democratic Party passed a resolution on Saturday telling Holocaust-denier Larry Darby that he is not welcome in the Party. According to the Associated Press, the resolution calls the Holocaust "a vile example of anti-Semitism." Darby, former director of the Atheist Law Center, said that the resolution demonstrates that party leadership is "intellectually and morally bankrupt." Earlier this year, Darby ran and lost in the Alabama Democratic primary for state attorney general. (See related prior posting.)

India's Supreme Court Orders State TV To Show Controversial Film

A panel of India's Supreme Court has ordered the state-owned television channel, known as DD, to televise an award-winning documentary film "Father, Son and Holy War," according to Ohmy News today. The film, produced by Anand Patwardhan, deals with religious zealotry and violence. The television station refused to show the film because of the classification it received from the Indian Censor Board. However the court said that every national award-winning film must be broadcast on DD. It concluded: "DD being funded publicly, could not have denied access to viewers to screen the respondent's documentary except on specified valid grounds."

Plaintiff In Landmark Church-State Case Dies

United Press International reports that Vashti McCollum, plaintiff in a landmark 1948 U.S. Supreme Court case, McCollum v. Board of Education, died yesterday at the age of 93. In the 1948 case, the Court by a vote of 8-1 struck down Illinois' plan that permitted the teaching of religion in school classrooms during school hours by outside religious teachers. Students whose parents did not consent to their attending one of the religious classes left their regular classroom and pursued secular studies elsewhere in the school. Justice Frankfurter's concurring opinion is particularly interesting to reread. It traces the development of the notion of "separation of church and state" in the setting of public school instruction.

New Poll On Religion and Public Life

Last Thursday, the Pew Forum on Religion and Public Life issued a new poll on Religion and Politics. The poll, which surveyed a national random sample of 2,003 adults last month, covers religion and public life, religion and politics, religion and science, and religious beliefs. The report's summary says:

While the public remains more supportive of religion's role in public life than in the 1960s, Americans are uneasy with the approaches offered by both liberals and conservatives. Fully 69% of Americans say that liberals have gone too far in keeping religion out of schools and government. But the proportion who express reservations about attempts by Christian conservatives to impose their religious values has edged up in the past year, with about half the public (49%) now expressing wariness about this.

The Democratic Party continues to face a serious "God problem," with just 26% saying the party is friendly to religion. However, the proportion of Americans who say the Republican Party is friendly to religion, while much larger, has fallen from 55% to 47% in the past year, with a particularly sharp decline coming among white evangelical Protestants (14 percentage points).

The survey found that white evangelical Christians make up 24% of the population. While 32% identify themselves as liberal or progressive Christians, this group is split among themselves on many issues. The Associated Press and Blog from the Capital have discussed the poll's findings.

Recent Articles and Books Of Interest

From SmartCILP:

• Thomas B. Colby, A Constitutional Hierarchy of Religions? Justice Scalia, the Ten Commandments, and the Future of the Establishment Clause, 100 Northwestern University Law Review 1097-1139 (2006).
  
• Frederick Mark Gedicks, Spirituality, Fundamentalism, Liberty: Religion At the End of Modernity, 54 DePaul Law Review 1197-1235 (2005).
  
• Judge William H. Pryor, Jr., The Religious Faith and Judicial Duty of an American Catholic Judge, 24 Yale Law & Policy Review 347-362 (2006).
  
• Christopher L. Eisgruber, Justice Stevens, Religious Freedom, and the Value of Equal Membership, 74 Fordham Law Review 2177-2185 (2006).
  
• Eduardo Moises Penalver, Treating Religion as Speech: Justice Stevens's Religion Clause Jurisprudence, 74 Fordham Law Review 2241-2257 (2006).

_________________________________
Recent Books:

• Ann Coulter, Godless: The Church of Liberalism (Crown Forum, June 6, 2006).
  
• John Danforth, Faith and Politics: How the "Moral Values" Debate Divides America and How to Move Forward Together (Viking Adult, September 19, 2006).
  
• Mel White, Religion Gone Bad: The Hidden Dangers of the Christian Right (Tarcher, September 7, 2006).

School Board Successfully Defends Against Claim It Promoted Baptist Doctrines

In Marsh v. School Board of Marion Community Unit School, 2006 U.S. Dist. LEXIS 59552 (SD IL, Aug. 23, 2006), an elementary school student and her father sued a school board in Marion, Illinois and its superintendent alleging that the superintendent, who was also a church deacon, was using the public schools to indoctrinate students with teachings of the Baptist faith. Apparently plaintiff had at one time belonged to a Baptist church but had been "kicked out" of it. The court rejected on various grounds Establishment Clause challenges based on distribution of flyers about Baptist youth programs, alleged discriminatory hiring practices, school assemblies featuring a minister as a speaker on secular topics, distribution during school time of tickets for a pizza party with religious content, alleged religious content in the school's curriculum, and religious content in a summer theater program and in a teaching institute. Among the grounds for dismissal were mootness, lack of standing, and lack of evidence to support some of the constitutional claims. Documents presented in support of plaintiff’s unsuccessful motion for summary judgment included a letter that plaintiff had fished from defendant's trash dumpster.

Cleric Urges Vatican-Israel Mutual Recognition

Asia News today published an interview with Fr. David-Maria A. Jaeger, an Israeli citizen who is the new head of “The Church and Israel Public Education Initiatives”. In 1992, the Vatican and the state of Israel signed the "Fundamental Agreement" that was supposed to lead to mutual recognition. Jaeger’s goal is to obtain full implementation of this and a follow-up agreement on the Legal Personality of the Church entered in 1997. Jaeger says this is necessary for meaningful survival of the Catholic community in Israel.

Bangladeshi Madrassa Grads Can Now Sit For Civil Service Exams

An op-ed in Bangladesh’s Financial Express today strongly criticizes a decision taken last week by the government of Bangladesh to recognize degrees from Islamic madrashas as equal to degrees from mainstream educational institutions. This will for the first time permit madrasha graduates to sit for the Bangladesh Civil Service Exams. Columnist Enayet Rasul asserts: "after becoming civil servants they will not help the end of good governance any because of their sheer knowledge deficiency and, on the other, many of them can be expected to work behind the wings for the Islamic extremists to wage Islamic revolution or to Islamise the administration."

Katherine Harris On Church-State, Religion and Politics

In a controversial interview published Thursday by the Florida Baptist Witness, U.S. Rep. Katherine Harris (R-FL) gave her views of the role that religion should play in politics and government:

[W]e have to have the faithful in government and over time, that lie we have been told, the separation of church and state, people have internalized, thinking that they needed to avoid politics and that is so wrong because God is the one who chooses our rulers. And if we are the ones not actively involved in electing those godly men and women and if people aren't involved in helping godly men in getting elected than we’re going to have a nation of secular laws. That’s not what our founding fathers intended and that’s certainly isn't what God intended. So it’s really important that members of the church know people’s stands. It’s really important that they get involved in campaigns…. It’s time that the churches get involved. Pastors, from the pulpit, can invite people to speak, not on politics, but of their faith. But they can discern, they can ask those people running for election, in the pulpit, what is your position on gay marriage? What is your position on abortion? That is totally permissible in 5013C organizations. They simply cannot endorse from the pulpit. And that’s why I’ve gone to churches and I’ve spoken in four churches, five churches a day on Sunday and people line up afterwards because it’s so important that they know. And if we don’t get involved as Christians then how could we possibly take this back?

Today’s Orlando Sentinel published strong criticisms of Harris' statements by a wide variety of political and religious leaders, many of whom focused on another statement in her interview: "if you’re not electing Christians then in essence you are going to legislate sin".

UPDATE: The Orlando Sentinel reported on Sunday that Katherine Harris spoke while campaigning, attempting to explain away her remarks in her Baptist Witness interview about religion and politics.

A New Group Of Prisoner Free Exercise Cases

In Jackson v. Federal Bureau of Prisons, 2006 U.S. Dist. LEXIS 59119 (D DC, Aug. 22, 2006), the D.C. federal district court dismissed RLUIPA claims against the federal Bureau of Prisons and its director by a Muslim prisoner who claims he was denied a pork-free diet as required by his religious beliefs. The court held that RLUIPA applies only to state and local governments, and not to the federal government.

In Scott v. California Supreme Court, 2006 U.S. Dist. LEXIS 59573 (ED Cal., Aug. 22, 2006), a California federal district court rejected claims by a Hebrew-Israelite prisoner that his First Amendment rights and his rights under RLUIPA were violated when the prison warden refused to permit him to legally change his name to a religious name.

Jackson v. Department of Corrections, 2006 Mass. Super. LEXIS 363 (Middlesex County, July 27, 2006), involved challenges by male Muslim prison inmates in Massachusetts to pat-searches by female guards and to provision of religious services only once every two weeks. A Massachusetts trial judge denied the state's motions for summary judgments on state statutory and RLUIPA claims, finding that facts remained in dispute. The court granted the state's motion to dismiss claims of cruel and unusual punishment and discriminatory treatment of Muslims.

In Carrio v. Texas Dept. of Criminal Justice, (5th Cir., Aug. 23, 2006), the U.S. Fifth Circuit Court of Appeals rejected a prisoner's claim that a prison's property-storage rules violated his free exercise rights under the First Amendment and RLUIPA. It rejected various other claims because they had not been raised in the trial court.

Anti-Jewish Cartoon Exhibit In Iran

In a front page story today, the New York Times reports on an anti-Semitic art show in Iran. The display of 200 drawings in Tehran's Palestinian Contemporary Art Museum that opened this month is called "Holocaust International Cartoon Contest". The offensive display is variously justified as a response to cartoons of Muhammad published in the West last year and as a protest against the treatment of Palestinians by Israel. The exhibit, which is not technically sponsored by the government, has attracted little attention from Iranians. The show's curator argues that the exhibit is not anti-Jewish, but merely opposed to Israeli "repression".

New Lawsuit Filed Over Mt. Soledad Cross

Yesterday, a new lawsuit over the Mt. Soledad cross was announced by the ACLU which filed a complaint on behalf of the Jewish War Veterans and several San Diego residents challenging the constitutionality of the continued display of the cross now that the federal government has taken ownership of the land on which the Mt. Soledad Veterans Memorial stands. The full text of the complaint in Jewish War Veterans v. Rumsfeld, filed in federal district court for the Southern District of California, chronicles the long history of the dispute over the Mt. Soledad Cross. The complaint asks for a declaratory judgment that the continued display of the cross violates the Establishment Clause. It seeks an injunction against its display and asks the court to encourage and permit the cross to be moved, at the expense of individual citizens, to an appropriate non-governmental site.

The ACLU has posted background material about the dispute here and here.

Clergy Group Will Endorse Blackwell For Ohio's Governor

Continuing the high profile of religious leaders in Ohio's gubernatorial race, the Associated Press reports that an inter-racial group of ministers from around the country, Clergy for Blackwell, will hold news conferences on Monday in Columbus and Cincinnati. Acting in their individual capacities, the clergymen will endorse conservative Republican candidate Blackwell. Clergy in the group include the director of the Memphis-based Coalition of African-American Pastors, Bishop George McKinney of St. Stephen's Cathedral Church of God in Christ San Diego and Bishop Harry Jackson, chairman and CEO of the Maryland-based High Impact Leadership Coalition.

Blackwell's opponent, Democrat Ted Strickland-- who is a Methodist minister-- says that clergy have the right to endorse candidates in their personal capacity. However, he says, "certain clergy have allowed Mr. Blackwell to become so identified with their church and their religious work in the minds of the public they are indistinguishable."

Now 4 GOP Candidates Have Called For Religious Profiling Of Muslims

An Al-Jazeerah editorial yesterday says that Florida Republican Congressional candidate Mark G. Flanagan has become the fourth candidate for political office to endorse profiling of Muslims. In an August 21 statement he urged that airline passengers who appear to be Arab or Muslim should be subjected to additional special screening. Last week, House Homeland Security Chairman Peter King (R-NY) expressed similar sentiments (see prior posting). Republican Paul Nelson, running in the 3rd District of Wisconsin, who has endorsed similar approaches was asked on a radio show how he would identify who was a Muslim male. He responded, "If he comes in wearing a turban and his name is Muhammad, that's a good start." And Republican candidate for governor of New York, John Faso, also calling for profiling, said "Looking for Muslims for participation in Muslim jihad is not playing the odds. It is following an ironclad tautology."

Ohio Supreme Court Decides 2 More Priest Abuse Limitations Period Cases

On August 23, the Ohio Supreme Court summarily affirmed the court of appeals holdings (see prior posting) on statute of limitations in two priest sexual abuse cases. In Miller v. Archdiocese of Cincinnati and Doe v. Archdiocese of Cincinnati, the Supreme Court affirmed the lower court's refusal to extend the statute of limitations. The summary affirmance was based on a decision handed down by the Supreme Court last May. (See prior posting on that decision.)

Navajo-Hopi Dispute Over Sacred Lands Continues

Over the last week, three stories in the Gallup (NM) Independent traced the most recent development in the decades-old Navajo-Hopi land dispute. See newspaper's articles at 1, 2, 3 . Since 1958, the Hopi Tribe and the Navajo Nation have been involved in litigation over ownership of 3.5 million acres of land in Arizona. Both tribes want access to the disputed land for religious ceremonies. In 1974, Congress authorized a compact to settle the major lawsuit. Over the last four years, Navajo and Hopi negotiating teams have reached agreement on language for the proposed compact. The compact must be approved by both tribal councils, by U.S. District Court Judge Earl Carroll and by the Secretary of the Interior. Under the proposed settlement, the Navajos retain ownership of the disputed land and both tribes will maintain access to the other's land for religious ceremonies. However, last Monday the Government Services Committee of the Navajo Nation Council voted 3-2 against the proposed settlement. A few members of the Navajo nation have filed suit seeking an injunction against the approval of the compromise, claiming it was negotiated in secret. Portions of the compact that identify the precise location of sacred Hopi sites are to remain confidential, available only to tribal officials with responsibility for enforcing the compact.

Seizure Of Gospel Tracts By Secret Service Appealed

Agape Press yesterday reported that an appeal has been filed with the U.S. 5th Circuit Court of Appeals by the Great News Network whose religious flyers were confiscated by Secret Service agents. The government claims the flyers violate counterfeiting prohibitions. (See prior posting.) GNN has distributed gospel tracts that resemble $1 million bills, a non-existent denomination of U.S. currency. On the back, the tract says: "The million-dollar question: Will you go to heaven?" Brian Fahling, senior trial attorney with the Center for Law & Policy who represents GNN, says that no one would confuse these with real currency. They say, "This bill is not legal tender"and "from the Department of Eternal Affairs".

Malaysian Official Wants More Restrictions On Proselytization

Malaysia's Constitution, Part II, Sec. 11(4) provides: "State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam." Bernama reported yesterday that cabinet minister Mohamed Nazri Aziz has demanded that four Malaysian states that have not yet done so amend their constitutions to forbid the proselytization of Muslims.

Cert Petition Filed In NYC School Holiday Symbols Case

A petition for certiorari has been filed with the U.S. Supreme Court in Skoros v. Tine, a Second Circuit case in which the Court of Appeals, by a 2-1 vote, upheld a New York City Department of Education policy that allows the menorah to be displayed as a symbol of the Jewish holiday of Chanukkah and the star and crescent to be displayed as a symbol of the Islamic holiday of Ramadan, but permits only secular symbols, and not a creche or nativity scene, to be displayed as a symbol of Christmas. (See prior posting.) The Thomas More Law Center, which yesterday announced its filing of the petition on behalf of a parent and two school children, is apparently asking the Supreme Court to make major changes in its Establishment Clause jurisprudence. The petition asks the Court to abandon the "endorsement test that it increasingly uses in Establishment Clause cases, arguing that the test "is unworkable and incapable of consistent application." It is making this argument, even though the dissent in the 2nd Circuit used the endorsement test as the basis for arguing that the school policy was an unconstitutional endorsement of Judaism and Islam.

NJ School Appeals Football Coach Prayer Decision

To the surprise of many observers, the East Brunswick (NJ) Public Schools yesterday filed a notice of appeal with the U.S. Third Circuit in a case involving football coach Marcus Borden. The Asbury Park (NJ) Press reports that the school system asked the appellate court to overturn a lower court's ruling that Borden can participate in student-initiated non-sectarian prayers offered by football team players. (See prior posting.) Press releases by the school system following the district court decision had suggested that the board was satisfied with the ruling delivered from the bench by U.S. District Judge Dennis Cavanaugh.

Malaysia Uses Religious Rehabilitation Camps

In an article about Muslims who convert to Christianity in Malaysia, today's New York Times discloses that Malaysian religious authorities sentence converts to "religious rehabilitation camps". The article reviews the high profile case of convert Lina Joy pending in the Federal Court, Malaysia's highest court. The case seeks a ruling that civil courts can order a change of religion on Joy's identity card without approval of her conversion from a Shariah court. (See prior posting.) Shariah courts would likely consider Joy an apostate, and if she did not repent it would likely sentence her to several years in an Islamic rehabilitation center. Joy's case is seen as a critical test of whether Malaysia will remain a secular country.

Meanwhile the New Straits Times says that the Federal Court has indicated that it will not be rushed into rendering its decision in Lina Joy's appeal.

9th Circuit Reaffirms Constitutionality Of RLUIPA Land Use Provisions

In a brief opinion yesterday, the U.S. Ninth Circuit Court of Appeals in Elsinore Christian Center v. City of Lake Elsinore, (9th Cir., Aug. 22, 2006), again upheld the constitutionality of the Religious Land Use and Institutionalized Persons Act. It citied a decision it handed down earlier this month upholding RLUIPA. (See prior posting.) According to a release by the Becket Fund for Religious Liberty, the lower court decision that was reversed yesterday was the only decision in the country that had found RLUIPA's land use provisions unconstitutional. The decision allows the Elsinore Christian Center to base its church in a downtown building it owns.

Report On Evangelicals and US Foreign Policy

The Council on Foreign Relations yesterday issued a background paper titled Christian Evangelicals and U.S. Foreign Policy. The report says that the influence of evangelicals on international human rights issues has been growing and they have been increasingly active in support of the state of Israel. Evangelicals have also shown an increasing interest in "creation care," i.e. environmental issues.

New Zealand Moves To Give Guidelines On Religion In Schools

In New Zealand the country's Education Ministry is preparing to issue guidelines on prayer and other religious practices in schools. The New Zealand Herald today reports on testimony before a Parliamentary committee by Martin Connelly, the Ministry's senior manager. The country's Education Act requires teaching in all primary and intermediate schools to be only secular, except that schools can, with advance announcement, be "officially closed" up to one hour per week for religious instruction. The Education Ministry is proposing new guidelines that will require an opt-in, instead of merely permitting an opt-out, for students for religious instruction. Prayers at school assemblies are not permitted because all students are required to attend assemblies. Secondary schools are not bound by these limitations.

The issue of religion in schools has been complicated in New Zealand because of the existence of Maori language schools. Maori customs and traditions-- Tikanga-- have elements of spirituality. However they are central parts of instruction in Maori schools, even when they use Maori prayer (karakia). Meanwhile, Pat Newman, head of the New Zealand Principal's Association, says the proposed new guidelines are impractical and unworkable. He says many aspects of New Zealand culture have Christian aspects to them. Even the national anthem could be viewed as a prayer. (Report by stuff.co.nz.)

The National Party has called for the Education Ministry to scrap the guidelines. Education officials say folowing the guidelines is voluntary for schools, but failure to do so could lead to parent complaints to the Human Rights Commission. (stuff.co.nz).