Court Orders Deacons To Turn Church Control Back To Pastor

In Pike County, Alabama, a state trial court judge has issued a temporary injunction ordering two deacons of Troy, Alabama's New Mount Pleasant Baptist Church to turn the keys to the church and church documents over to the pastor and a majority of the congregation, and to refrain from interfering with church services. According to last Thursday's Troy Messenger, the deacons were upset that the pastor was disclosing financial information to the congregation outside the once-a-year business meeting. So they essentially took over the church. The court, however, ruled that a majority vote of the congregation controlled. The deacons-- one of whom had served in that capacity for 67 years-- had argued that the supposed majority were inactive members, and that there were only 15 members who actively attend and pay their tithes.

High School Teacher Found To Be Prevailing Party For Court Costs Recovery

The clerk's office in federal district court in Santa Anna, California has determined that nearly $20,000 in court costs should be borne by high school student Chad Farnan who sued his high school history teacher James Corbett, the school district and the teachers' union over anti-Christian remarks made by Corbett. While the court found that one statement by Corbett amounted to a violation of the Establishment Clause, it held that Corbett was not liable for damages because he was entitled to qualified immunity. (See prior posting.) That led the clerk's office to decide that Corbett was the prevailing party entitled to receive an award of court costs. The fees are to be paid by Advocates for Faith & Freedom, a Christian legal group that represented Farnan pro-bono. The school district and teachers' union, whose attorneys also represented Corbett, now plan to file a motion to recover over $378,000 in attorneys' fees. Reporting these developments, the Orange County Register says that Farnan's attorney now plans to ask the judge to review the ruling on court costs.

Islamic Group Still Pressing For International Ban On Insulting Religions

Despite the United Nations Human Rights Council's recent adoption of a compromise resolution on freedom of opinion and expression (see prior posting), the Organization of the Islamic Conference and the African Group are pressing for much more robust protections against publications that insult or negatively stereotype religion and religious ideas. According to Nigeria's Vanguard on Friday, these groups have asked the Human Rights Council's Ad Hoc Committee for the Elaboration of Complementary Standards to develop:

"new binding normative standards relating to religious ideas, objects and positions while incorporating contemporary issues" such as "defamation of religions, religious personalities, holy books, scriptures and symbols"; "provocative portrayals of objects of religious veneration as a malicious violation of the spirit of tolerance"; "prohibition of the publication of gratuitously offensive attacks on matters regarded as sacred by the followers of any religion and ; "abuse of the right to freedom of expression in the context of racio-religious profiling".

A group of NGO's has written to the U.N. committee objecting to these proposals, saying that they threaten freedom of expression and the protection of equality.

U.S. Army For First Time Allows Sikh To Serve While Wearing Turban

According to a press release Friday from the Sikh Coalition, for the first time in 23 years the U.S. Army has agreed to allow as Sikh physician, Captain Kamaljeet Singh Kalsi, to wear his religiously-mandated turban and long hair while serving on active duty. The decision does not represent a change in Arny policy, but instead a waiver granted at this point only to Capt. Kalsi. According to Stars and Stripes, if Kalsi is transferred to another command or deploys, he will be required to apply for another waiver from the Army’s uniform policy. The Sikh Coalition has been pressing for a broader change in Army policy and the Army has indicated a willingness to review its policy that excludes Sikhs. (See prior posting.)

Houston Sued Over City Council Prayer Policy

KTRK-TV News Friday reported that a lawsuit has been filed against the city of Houston, Texas challenging the constitutionality of its opening its city council meetings with a prayer. Invocations are offered either by Council members or invited clergy of various religious faiths. According to 39online.com, City Councilwoman Anne Clutterbuck was also named as a defendant. She often opens Council sessions with the Lord's Prayer. Plaintiff in the lawsuit is Kay Staley who sued and in 2007 obtained removal of a monument displaying the King James Bible at the Harris County (TX) courthouse. (See prior posting.)

Teenage Convert Ordered Back To Ohio; Transcript of Police Interview Released

There are at least two new developments in the case of Rifqa Barry, the 17-year old convert to Christianity who fled to Florida from Ohio, saying she was afraid that her Muslim family would kill her or send her back to Sri Lanka. Yesterday Florida Judge Daniel Dawson issued an order to the Florida Department of Children and Families to relinquish its emergency jurisdiction over the girl and arrange for her to be transported to the proper authorities with Franklin County Children Services in Ohio. The order was issued after the judge received the paperwork he had requested showing the girl's immigration status and confirming that she could remain enrolled in on online school in which she started while in Florida. (MyFoxSpokane; 13CentralFloridaNews). (See prior posting.) Also yesterday, Florida's Department of Law Enforcement released the full transcript of its interview with the girl on Aug. 24 shortly after she arrived in Florida. (See prior posting.)

Catholic Bishops, Rep. Kennedy Spar Over Health Care Reform

Earlier this month, the U.S. Conference of Catholic Bishops sent a letter (full text) to every member of Congress saying that the Bishops "will have no choice but to oppose the bill" if the final legislation does not meet three principles they have set out: (1) Exclude mandated coverage for abortion, and incorporate longstanding policies against abortion funding and in favor of conscience rights; (2) Adopt measures that protect and improve people's health care; and (3) Include effective measures to safeguard the health of immigrants, their children and all of society. In response to the letter, Rhode Island Rep. Patrick Kennedy told CNS News Thursday (in part):

I can't understand for the life of me how the Catholic Church could be against the biggest social justice issue of our time where the very dignity of the human person is being respected by the fact that we're caring and giving health care to the human person – that right now we have 50 million people who are uninsured. You mean to tell me the Catholic Church is going to be denying those people life saving health care? I thought they were pro-life.

Now, according to AP, Rhode Island Catholic Bishop Thomas Tobin has responded to Kennedy's statement, saying:

Congressman Kennedy continues to be a disappointment to the Catholic Church and to the citizens of the state of Rhode Island. I believe the Congressman owes us an apology for his irresponsible comments.

[Thanks to Scott Mange for the lead.]

Wiccan Sues For Employment Discrimination

A Hartford, Connecticut woman who was employed as a sales manager for Bath and Body Works filed suit alleging employment discrimination, wrongful termination and infliction of emotional distress after she was fired because she was a follower of Wicca. The complaint (full text) in Uberti v. Bath and Body Works, LLC, (D CT, file 10/15/2009), filed in a Connecticut federal district court, alleged that Gina Uberti's new regional manager objected to her practice of taking a week of her vacation time in October to travel to Salem, Massachusetts to celebrate Samhain (the start of the New Year). Her former manager had approved the vacation time. However her new manager questioned her priorities in light of a project being rolled out by the company and fired her, saying: "I will be damned if I have a devil-worshipper on my team." Yesterday's Courthouse News reported on the lawsuit. [Thanks to "Janus" for the lead.]

Challenge To Illinois Drivers License Rules Survives Motion To Dismiss

In Baer-Stefanov v. White, 2009 U.S. Dist. LEXIS 98132 (ND IL, Oct. 22, 2009), an Illinois federal district court rejected the Illinois Secretary of State's motion to dismiss a lawsuit challenging the Illinois statute and regulations governing issuance of drivers licenses to individuals who have religious objections to furnishing their social security number. The statute and regulations grant an exemption, but only if the applicant includes a statement from his or her religious leader that use of a social security number is against the applicant's faith. Also the statute permits the Secretary of State to determine which religious orders or sects have bona fide religious convictions that prohibit applying for a social security number. Plaintiffs challenged these provisions on free exercise and equal protection grounds, as well as under the Illinois Religious Freedom Restoration Act.

First German Bank To Offer Sharia Financial Products Will Open

Today's Spiegel reports that the first bank in Germany to offer Sharia-compliant financial products to German Muslims will open next year in Mannheim. Kuveyt Turk Beteiligungsbank will have a large potential market since four million Muslims who live in the country. German financial regulators will host an international conference next week to discuss promoting financial institutions that offer Islamic products.

9th Circuit Hears Oral Arguments In Student Speech Appeal

On Tuesday, the 9th Circuit Court of Appeals hear oral arguments in Arizona Students for Life v. Crow. At issue is the extent to which the University may require a student group to show proof of insurance in order to display a pro-life exhibit or hand out literature from a table on campus. ASU attorneys say the university has put in place a less restrictive policy since the incident in question, but the student group says it is entitled to damages, and that there are still concerns about future problems. LifeNews reported that during oral arguments Judge Alex Kozinski suggested that it would be better for the parties to attempt to settle the case out of court. Retired U.S. Supreme Court Justice Sandra Day O’Connor sat on the panel that heard the case. The 9th Circuit has posted a recording of the full oral arguments online.

Iranian Cleric Says Nuclear Weapons Violate Islamic Law

Intelligence and Terrorism Information Center reported this week that a senior cleric in Iran, Ayatollah Hossein-Ali Montazeri, has issued a fatwa stating that developing and using nuclear weapons are a violation of Muslim religious law. His ruling said that the use of nuclear weapons would lead to the deaths of innocent people and harm future generations. The report says that in the past, other Iranian clerics have issued competing rulings on the issue. In the past, senior Iranian figures have claimed that Supreme Leader Ayatollah Ali Khamenei issued a fatwa (never made public) prohibiting the development of nuclear weapons.

B.C. Will Seek Supreme Court Clarification on Constitutionality of Polygamy Law

In Canada, British Columbia's Attorney General has decided that instead of appealing the dismissal of polygamy charges that were filed against the leaders of two FLDS factions, (see prior posting) the province will instead ask the British Columbia Supreme Court for clarification on the law. CBC News reported yesterday that the Attorney General will ask the Supreme Court to rule on whether the province's anti-polygamy law is consistent with the Charter of Rights and Freedoms, and to clarify the meaning of the provisions of Section 293 of the Criminal Code. In a press release, the Attorney General said: "Until Canadians and the justice system have clarity about the constitutionality of our polygamy laws, all provinces, including ours, face a lengthy and costly legal process in prosecuting alleged offences." The Province has published a helpful timeline of developments in the long-running case.

9th Circuit Issues Opinion on Release of Names of Referendum Petition Signers

The U.S. 9th Circuit Court of Appeals has now released its opinion in John Doe #1 v. Reed, (9th Cir., Oct. 22, 2009), explaining its order issued last week clearing the way for release of the names of those who signed referendum petitions in Washington state seeking review of the state's domestic partnership law. (See prior posting.) The court held that applying Washington state's Public Records Law to the referendum petitions does not violate the 1st Amendment right to anonymous political speech. It said that the signatures on the petitions are not anonymous. It concluded further that the district court was incorrect in applying strict scrutiny, saying that petition signing should be seen as "expressive conduct" subject to intermediate scrutiny. The state's asserted interests in preserving the integrity of the election and furnishing voters information about who supported placing a referendum on the ballot were found to be sufficiently important to justify their incidental limitation on speech. The incidental effect was found no greater than necessary to carry out the state's goals. [Thanks to Eugene Volokh for the lead.]

Senate Gives Final Approval To Hate Crimes Bill

The U.S. Senate yesterday by a largely party-line vote of 68-29 approved HR 2647, the 2010 National Defense Authorization Act as recommended by the Conference Committee. The bill contains an expansion of federal hate crimes legislation, the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act. The House has already approved the Conference Committee version (see prior posting) and the bill now goes to President Obama who is expected to sign it. The Washington Post reports that Republicans who opposed the hate crimes provisions were upset that the Democrats attached them to a defense spending bill, daring them to vote against the military budget.

9th Circuit Denies En Banc Review Of Arizona Tuition Contribution Tax Credits

In Winn v. Arizona Christian School Tuition Organization, (9th Cir., Oct. 20, 2009), the full U.S. 9th Circuit Court of Appeals refused to grant en banc review in a case challenging Arizona's program of tax credits to provide scholarships, mostly for students in religious schools. In the case, a 3-judge panel ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. (See prior posting.)

The denial of en banc review however produced 40-pages of opinions. Eight judges joined in Judge O'Scannlain's 23-page dissent. He wrote in part:

I dissent not only because Winn cannot be squared with the Supreme Court’s mandate in Zelman, but also because the panel’s holding casts a pall over comparable educational tax credit schemes in states across the nation and could derail legislative efforts in four states within our circuit to create similar programs. In short, the panel’s conclusion invalidates an increasingly popular method for providing school choice, jeopardizing the educational opportunities of hundreds of thousands of children nationwide.....

I am at a loss to understand how a reasonable observer—one fully informed about all matters related to the program—could conclude that the "government itself" has endorsed religion in this case. Multiple layers of private, individual choice separate the state from any religious entanglement: the "government itself" is at least four times removed from any aid to religious organizations.....

Responding with their own 17-page opinion, the three judges on the original panel (with a fourth indicating agreement) argued that "the program alleged here neither makes scholarships available to parents on a religiously neutral basis nor gives them a true private choice as to where to utilize the scholarships." Giving to taxpayers the choice of allocating their contributions to religious schools was not enough to break the circuit between government and religion. AP reports on the decision. [Thanks to Bob Ritter for the lead.]

UPDATE: The Institute for Justice Arizona Chapter which supports the tax credits and represents several clients in the case says it will seek Supreme Court review of the 9th Circuit's decision. The Arizona Attorney General's office has not yet decided whether it too will appeal to the Supreme Court. (Arizona Republic, Oct. 22).

Louisiana Catholic Archdiocese Settles 20 Abuse Lawsuits

Yesterday's Lafayette (LA) Daily Advertiser reports that the Catholic Archdiocese of New Orleans has settled twenty lawsuits alleging sexual and physical mistreatment of children some 40 to 50 years ago at Catholic homes for troubled boys. The settlement totalling $5.182 million was reached only after years of mediation and negotiation.

Hungary's President Wants Religion Questions On 2011 Census

Hungary's President Laszlo Solyom has refused to sign a bill passed by Parliament to govern Hungary's scheduled 2011 census. According to MTI today, the President sent the bill back to lawmakers to eliminate the the ban on asking census questions regarding health status or religion. The 2001 census included questions on these issues. Solyom says the information is important and that the census should be consistent to facilitate comparisons.

Pennsylvania School Will Temporarily End Enforcement of Speech Code

Yesterday a Pennsylvania federal district court issued an Agreed Temporary Consent Order in E.B. v. West Shore School District, (MD PA, filed 10/5/2009). The case grew out of an incident in which a Lewisberry, Pennsylvania middle school student was told by school officials to remove his T-shirt which carried the message "Abortion is Not Health Care". He wore the shirt to school on the day President Obama was delivering a national address to school students. The student's father sued on his son's behalf alleging in the complaint (full text) that the school's Student Expression Policy violates the 1st and 14th Amendments as well as Pennsylvania's Religious Freedom Protection Act. The complaint alleges in part that the Policy prevents his son "from incorporating his private religious expression into his clothing based solely on the religious and political nature of his expression." (ADF press release.)

Under the consent order issued yesterday (which remains in effect until Jan. 15), in exchange for plaintiffs not seeking a preliminary injunction, the school agreed not to enforce certain provisions in its Expression Policy. It will not bar expression on the ground that it "seek[s] to establish the supremacy of a particular religious denomination, sect, or point of view," nor will it enforce the ban against expression that might be "otherwise deemed harmful to impressionable students." The school will also not enforce the portion of its Dress and Grooming Policy that bans "clothing which creates a hostile educational environment or evidences discriminatory bias or animus." An Alliance Defense Fund release reported on the temporary order.

Santeria Priest Who Won Legal Victory Is Profiled

Yesterday's Dallas Observer carries a long background piece on Jose Merced, the Santeria priest who recently won a 5th Circuit victory allowing him to continue animal sacrifices at his Euless, Texas home, despite the city's health and safety concerns. (See prior posting.) Here is a short excerpt:

The litigation had taken its toll on Merced. His testimony and the media attention that followed brought many of Santería's secrets into the open and unnerved those devotees who saw its mystery as part of its theology as well as its enchantment.

He had written letters to the several hundred Santeros he had met over the years, asking each to contribute $100 to his legal defense fund. But many turned him down. Some were fearful that his case would reveal the secrets that gave power and meaning to their religion; others felt his case was his own personal crusade and not a cause for all who practice Santería. "They want to keep on hiding," Merced says, "which I don't understand."

Last night, for the first time in over three years, Merced was to resume his sacrifices of four-legged animals in a ceremony designed to heal the severe back pain, depression and loneliness of a follower. She would be initiated into the priesthood through the sacrifice of animals which, according to Santeria belief, must die so she can live a healthy and spiritual life. Meanwhile the Euless city attorney is exploring whether there are other routes available to end Merced's practices.

Canadian Court Dismisses Graduate Student's Religious Discrimination Claim

In Maughan v. University of British Columbia, (BC Ct. App., Oct. 20, 2009), the Brisish Columbia Court of Appeal agreed with the trial court that a graduate student at UBC had not shown that tensions between her and her English professor resulted from religious discrimination. Cynthia Maughan, an Anglican student in her mid-40's, pursuing an M.A. in English, received a low grade in Dr. Wier's seminar on "The Proper: From Derrida to Delgamuukw." Her primary complaint revolved around an incident in the seminar when she argued a passage from a Derrida text comparing the Holy Eucharist to "mystical cannibalism" was a misinterpretation of the Bible. Other students strongly defended Derrida, and Maughan described those exchages as "shocking" and the passage as "intense sacrilege." The Court of Appeal, dismissing her claims for negligence and breach of British Columbia's Civil Rights Protection Act, concluded: "In our view, Ms. Maughan’s claim is not based on the evidence per se, but on her interpretation of the evidence and the inferences she drew from the evidence founded on her firm conviction that she was subjected to discriminatory treatment by the respondents on the basis of her religion." Xtra West reported on the decision yesterday.

Settlement Reached In Suit Over Grooming Rules For Federal Building Guards

The Fresno Bee and the Sikh Coalition this week reported on the settlement of a lawsuit over the Department of Homeland Security's grooming rules for security officers hired under contract to guard federal buildings. Raghbir Singh, a Sikh who wore a turban and beard, was hired through a private security firm in 2005 to guard an IRS building. However he was forced off the job after he refused to comply with regulations of the Federal Protective Service that required security guards to be clean-shaven and wear a uniform and hat. After a lawsuit was filed in 2007, the FPS informally agreed to make religious accommodations in its grooming and headgear policy. In this week's settlement of the case, the federal government paid Singh $50,000 in damages for wrongful termination and the FPS has changed its grooming rules.

European Court Says Italian Catholic Unversity Infringed Faculty Applicant's Rights

Lombardi Vallauri v. Italy, (ECHR, Oct. 20, 2009) [full text in French, Word.doc], decided yesterday by the European Court of Human Rights, held that the rights of a Lecturer at Milan's Catholic University of the Sacred Heart were infringed by procedural irregularities in refusing to consider his application for a permanent faculty position. As explained by the Court's press release on the case, Luigi Lombardi Vallauri had taught on the Faculty of Law under temporary contracts for over 20 years. When competition for permanent appointment to the post opened, the University's Faculty Board refused to consider his application because the Congregation for Catholic Education, an institution of the Holy See, informed the President of the University that some of Vallauri's views were "in clear opposition to Catholic doctrine." Approval by the Congregation for Catholic Education was one of the conditions for being considered for the position. The Court concluded, that while Italian courts could not review the substance of the decision, the Faculty Board should have explained how Vallauri's views were liable to affect the University's interests. Failure to do so infringed the procedural aspects of the protection of free expression under Art. 10 of the ECHR, as well as his right under Art.6(1) to effective access to a court. One judge dissented. [Thanks to Dott. Pasquale Annicchino for the lead.]

Atheist Ads Will Appear In New York Subway Stations

A coalition of eight groups calling themselves the Big Apple Coalition of Reason have purchased space for posters in a dozen New York subway stations. CNN reports that beginning Monday, posters raising awareness of those who do not believe in God will be displayed. The ads will read: "A million New Yorkers are good without God. Are you?" The goal of the campaign is to reach out to those who have similar views. Funded by a $25,000 anonymous donation, this is part of a broader national campaign. New York's Metro Transit Authority says that its advertising guidelines respect freedom of speech and religion.

Alito Complains About Questions Over Catholic High Court Majority

AP reports on a speech given Tuesday by U.S. Supreme Court Justice Samuel Alito to Philadelphia's Justinian Society, a group Italian-American lawyers, judges and law students. According to the report, Alito expressed frustration over persistent questions about the court's 6-Justice Roman Catholic majority. He complained: "This is one of those questions that does not die."

Vietnam Recognizes Assemblies of God Church

Earth Times reports that in a ceremony in Vietnam's Ho Chi Minh City on Monday, the government's Committee for Religious Affairs granted formal recognition under the 2007 Law on Religion to the Vietnamese branch of the Assemblies of God church. The church, the world's largest Pentecostal Christian denomination, has 40,000 members in Vietnam. It has been active in the country since 1989, and had received warnings from the government. However sanctions were never imposed because of ambiguities in the law. Apparently it will take another year for the church's status to become fully legal.

UPDATE: Christian News Today provides more legal details. The recognition process was delayed until now because Vietnam's Religion Law requires 20 years of stable organization before the process can begin. Now it has received an "operating license" which allows it to carry on religious activities in the country for the next year. During that time it must prepare a doctrinal statement, a constitution and bylaws and a four-year working plan. If these are approved by the government, then the Church can hold an organizing assembly.

Congress Passes Extension of Special Immigrant Nonminister Religious Worker Program

Following House passage last week, the U.S. Senate yesterday passed and sent on to the President the Conference Committee's version of H.R. 2892, the Department of Homeland Security Appropriations Act. Section 568(a) of the bill extends until Sept. 30, 2012 the Special Immigrant Nonminister Religious Worker Program. (See prior posting.) Under prior law that program expired three weeks ago. The bill also requires Citizenship and Immigration Services to submit a report to Congress on the risks of fraud and non-compliance by program participants, and a plan to improve the integrity of the program. In June 2009, the Department of Homeland Security Office of Inspector General issued a report (full text) on steps taken recently to reduce fraud in the program.

6th Circuit Hears Oral Arguments In Long-Running 10 Commandments Case

The 6th Circuit yesterday heard oral arguments in the long running 10-Commandments case, ACLU of Kentucky v. McCreary County. In 2005, the U.S. Supreme Court upheld a preliminary injunction barring the a display of the Ten Commandments along with other historical documents that refer to God in two Kentucky county courthouses. A majority concluded that the displays violated the Establishment Clause because the predominant purpose of the displays was the advancement of religion. (See prior posting.) However Justice Souter added: "we do not decide that the Counties' past actions forever taint any effort on their part to deal with the subject matter." Meanwhile the counties put up yet a third display, a broader "Foundations of American Law and Government" display that included the Ten Commandments along with other historical documents. On that basis, on remand the district court refused to issue a permanent injunction, but also refused to find that the counties had purged themselves of their original religious motivation. (See prior posting.) The Cincinnati Enquirer says that yesterday's oral arguments in the 6th Circuit focused on whether the counties have done enough to eliminate their original religious motivation.

Tentative Settlement Reached in "Flying Imams" Case

Fox News reported yesterday that a tentative settlement has been reached by all parties in the so-called "flying imams" case. The lawsuit, filed by six Muslim clergy against US Airways and the Minneapolis-St. Paul Metropolitan Airport Commission, alleged false arrest, unreasonable search and seizure and equal protection violations. The six plaintiffs were removed from a U.S. Airways flight in 2006 as they were returning from the North American Imams Federation conference held in Minneapolis. (See prior posting.) Details still need to be worked out in the settlement agreed to by the parties on Monday, and federal court approval is still required. None of the parties would comment on specifics of the settlement.

Vatican Invites Conservative Anglicans Into New Affiliation

Surprise developments today out of Rome, London and Washington create new possibilities for dissident Episcopal congregations that are increasingly splitting off from ECUSA and affiliating with new more conservative Anglican provinces. (See prior related posting.) The Vatican's Congregation for the Doctrine of the Faith announced:

[T]he Catholic Church is responding to the many requests that have been submitted to the Holy See from groups of Anglican clergy and faithful in different parts of the world who wish to enter into full visible communion.... [T]he Holy Father has introduced a canonical structure that provides for such corporate reunion by establishing Personal Ordinariates, which will allow former Anglicans to enter full communion with the Catholic Church while preserving elements of the distinctive Anglican spiritual and liturgical patrimony. Under the terms of the Apostolic Constitution, pastoral oversight and guidance will be provided for groups of former Anglicans through a Personal Ordinariate, whose Ordinary will usually be appointed from among former Anglican clergy.

Bloomberg News characterizes the new initiative as a way "to integrate disaffected Anglicans and enable the faith's married priests to become Roman Catholic clerics." In London, Roman Catholic Archbishop Vincent Nichols of Westminster and Anglican Archbishop Rowan Williams issued a joint statement saying that today's announcement from the Vatican "brings to an end a period of uncertainty for such groups who have nurtured hopes of new ways of embracing unity with the Catholic Church." However, writing in the London Telegraph, Jonathan Wynne-Jones says this about the developments:

Interestingly, the archbishop says that "this new possibility is in no sense at all intended to undermine existing relations between our two communions or to be an act of proselytism or aggressions". He is either putting on a brave face for the sake of Anglican pride, being incredibly naive or had this part dictated to him by somebody in Rome. For there is no way that this won't undermine the archbishop’s position and weaken the Church of England.

Meanwhile in the United States, the head of the U.S. Conference of Catholic Bishops quickly issued a statement from Washington saying in part:

Today the United States Conference of Catholic Bishops has received word of the new Provision in the form of an apostolic constitution issued by the Holy See for the reception into full communion with the Catholic Church of groups from the Anglican tradition. The USCCB stands ready to collaborate in the implementation of that Provision in our country.

The New York Times reports on today's news conference held in the Vatican by Cardinal William Levada, the prefect for the Congregation for the Doctrine of the Faith:

Asked at the Vatican news conference what would happen if an Anglican congregation led by a woman priest wanted to join the Catholic Church, Cardinal Levada smiled and said, “I would be surprised” if that happened.

Justice Kennedy Reinstates Injunction Against Release of Petition Signers' Names

Yesterday, U.S. Supreme Court Justice Anthony Kennedy issued an order (full text) reinstating the preliminary injunction issued by a federal district court in Washington state in John Doe #1 v. Ried. The injunction bars release of the names of signers of referendum petitions seeking to overturn a recently-enacted state domestic partnership law. The 9th Circuit last week reversed the district court (see prior posting), and plaintiffs seeking to prevent release of the names immediately petitioned Justice Kennedy. The full text of both appellants' application to Kennedy and the response by Washington's Secretary of State are available online. AP reports on the case, and Eugene Volokh weighs in on the latest developments.

UPDATE: On Tuesday, the full Supreme Court (Justice Stevens dissenting) confirmed Justice Kennedy's reinstatement of the district court's preliminary injunction, "pending the timely filing and disposition of a petition for a writ of certiorari." (Full text of order.) [Thanks to Eugene Volokh for the lead.]

South Carolina Republican Officials Use Anti-Semitic Stereotypes

A letter to the editor published in Sunday's Orangeburg (SC) Times and Democrat from the chairmen of two South Carolina County Republican Party organizations reflects, at the very least, insensitivity to the anti-Semitic nature of comparisons they draw. Defending South Carolina U.S. Senator Jim DeMint's opposition to earmarks in budget bills, Bamberg County chairman Edwin O. Merwin Jr. and Orangeburg County chairman James S. Ulmer Jr. wrote:

There is a saying that the Jews who are wealthy got that way not by watching dollars, but instead by taking care of the pennies and the dollars taking care of themselves. By not using earmarks to fund projects for South Carolina and instead using actual bills, DeMint is watching our nation’s pennies and trying to preserve our country’s wealth and our economy’s viability to give all an opportunity to succeed.

JTA reports on the letter, quoting a conservative website in the state (The Palmetto Scoop) that said remarks like these "make many folks fear for the future of the once Grand Ole Party."

UPDATE: AP reported on Tuesday that the two county Republican officials have apologized for their remarks. Ulmer's apology was straight forward; however the apology from Merwin still suggested he did not understand the history of the stereotype he invoked. He said his original statement was was "truly in admiration for a method of bettering one's lot in life" and he meant nothing derogatory.

Opposing Religious Coalitions Active On Maine's Same-Sex Marriage Ballot Issue

Yesterday' Bangor (ME) Daily News reports on religious coalitions on opposing sides of Maine's Question 1-- a referendum on the November ballot that would overturn a law passed earlier this year permitting same-sex couples to marry. (See prior posting.) The Religious Coalition for the Freedom to Marry in Maine held rallies around the state on Sunday to urge a "No" vote on Question 1. Rev. Bob Emrich, founder of the Maine Jeremiah Project which opposes same-sex marriage and urges a "yes" vote on the referendum, says the issue is not discrimination, but redefining marriage.

Asst. Secretary of State for Democracy, Human Rights and Labor Sworn In

Yesterday, the new head of a little-known bureau within the State Department was formally sworn in, though he has been on the job for over three weeks. Michael Posner was sworn in as Assistant Secretary of State for Democracy, Human Rights, and Labor. Posner previously served as president of Human Rights First. In her remarks (full text) at the ceremony, Secretary of State Hillary Clinton described the work of the Bureau: "It trains NGOs and civil society leaders to try to turn the principles of democracy into practice, to combat violence and discrimination against women and minorities, to promote interfaith dialogue and fight exploitation in the workplace." Posner's actual confirmation by the Senate was Sept. 22, and immediately afterwards he led the first U.S. delegation to the UN Human Rights Council, sponsoring with Egypt a compromise resolution on freedom of expression and religion. (See prior posting.)

Smithsonian Will Add Evolution Exhibit; Explore Religion and Science

USA Today reported last week that the Smithsonian's Natural History Museum will open a new 15,000 square foot permanent exhibit next March on the "discovery and understanding of human origins." The Museum has also created a Broader Social Impacts Committee to address the interaction between religion and science. However Jim Miller, co-chair of the committee and an official with the Presbyterian Association on Science, Technology and the Christian Faith, says that the evolution exhibit is "a scientific exhibit so it's not there to make a religious point." But, he says, he hopes the new exhibit, which opens on the 100th anniversary of the Museum on the National Mall, will provide an opportunity "for sound scientific discovery to enrich religious experience." [Thanks to Institute on Relig. & Public Policy for the lead.]

Wilmington Catholic Diocese Files For Chapter 11 Protection

Last night, the Catholic Diocese of Wilmington (covering Delaware and Maryland's Eastern Shore) became the seventh U.S. Catholic diocese to seek Chapter 11 bankruptcy protection. The filing delays the trial that was scheduled to start today in a clergy sex abuse case against the diocese. AP reports that today's case was the first of over 100 filed under a 2007 Delaware law that gave victims a 2-year window to file even though the prior statute of limitations had run. (See prior posting.) In the bankruptcy filing, the diocese listed its assets as between $50 million and $100 million, with liabilities between $100 million and $500 million. Since 2002, the diocese has paid out $6.2 million to settle clergy sex abuse lawsuits, and additional undisclosed amounts to victims who did not file suit.

UPDATE: According to Thursday's Wilmington News Journal, attorneys for clergy abuse victims will ask the bankruptcy court to include property of the parishes along with diocesan property as assets in the bankruptcy proceeding. The Diocese is incorporated under Delaware's nonprofit corporation law, while each parish is individually incorporated under either the Delaware or Maryland statue relating to religious societies or religious corporations.

IRS Receives Comments On Proposed Church Audit Rule Change

Today's BNA Daily Report for Executives [subscription required] summarizes four sets of comments the Internal Revenue Service has received on proposed changes in its Regulation governing which official has authority to authorize church tax inquiries. (See prior posting.) The proposal is designed to clarify the confusion over who has that authority after a 1998 IRS reorganization. Comments from D.C. attorney Marcus Owens object to the IRS conclusion that the authority should be given to the Director of Exempt Organizations. He urges that the authority should be vested in an official who has experience in making high-level sensitive policy decisions and who does not have church tax compliance as a significant part of his responsibilities.

Recent Articles of Interest

From SSRN:

• Roberta Rosenthal Kwall, Book Review: Intellectual Property Law and Jewish Law: A Comparative Perspective on Absolutism, (Yale J. Law & Humanities, Vol. 22, 2010).
• Susan J. Stabile, Vocation, Formation and the Next Generation: The Role of Catholic Law Schools in Light of Catholic Social Thought, (Villanova Journal of Catholic Social Thought, Forthcoming).
• László Blutman, In Search of a Legal Definition of Religion, (Americana, Vol. V, No. 1, Spring 2009).
• Robert F. Blomquist, Beyond Historical Blushing: A Plea for Constitutional Intelligence, (2009 Cardozo L. Rev. de novo 244).

From SmartCILP:

• Brian Bloch, Creating a Faith-Based Conflict Management System, 14 Harvard Negotiation Law Review 249-270 (2009).
• Samantha Crane, Book Review, (Reviewing Carol Gilligan and David A.J. Richards, The Deepening Darkness: Patriarchy, Resistance, & Democracy's Future), 32 Harvard Journal of Law & Gender 505-533 (2009).
• Douglas NeJaime, Inclusion, Accommodation, and Recognition: Accounting for Differences Based on Religion and Sexual Orientation, 32 Harvard Journal of Law & Gender 303-381 (2009).
• Mark Strasser, When Churches Divide: On Neutrality, Deference, and Unpredictability, 32 Hamline Law Review 427-475 (2009).

British MPs Want Christian References Removed From Constitutions of Territories

Sunday's London Mail reports on efforts by the Foreign Affairs Committee of Britain's Parliament to have references to Christianity removed from the Preambles of the Constitutions of two British territories. Beginning in 1999, the British Foreign Office initiated efforts to have territories under British sovereignty update their Constitutions. However, when Parliament's Foreign Affairs Committee saw the redrafts from two territories, it raised objections. On the Cayman Islands draft, the Committee wrote in a letter to the Commonwealth Office:

we consider it inappropriate that both the preamble and the main text contain specific reference to the Christian religion and "Christian values". This gives the impression, even if it is a misleading one, that Christians will be granted more favourable treatment under the Constitution than people of other faiths or of none. Second, we regret the absence of explicit mention of sexual orientation as a prohibited ground for discrimination in clause 16.

In examining the draft of the proposed Constitution from St. Helena, Ascension Island and Tristan da Cunha, the Committee objected to a reference to "Christian and family values" in the Preamble. However in a letter, the Commonwealth Office said that other provisions in the document assure protections against religious discrimination. Meanwhile church leaders in Britain criticized Parliament for its concern with "spurious political correctness."

U.S. Attorney General Speaks On Hate Crimes

U.S. Attorney General Eric Holder addressed the Anti-Defamation League's 2009 American Heritage Dinner in Las Vegas Saturday night. His address (full text) focused primarily on hate crimes, including anti-Semitism which is one of the ADL's primary concerns. Holder hailed the fact that expanded hate crimes legislation is about to pass in Congress. (See prior posting.) He said that "on the day that it becomes law, we will hasten to begin using it." Then focusing on problems being faced by Muslim-Americans, he said:

Crimes against Muslims and those perceived to be Muslim have escalated dramatically since September 11th. Some hate-mongers seem to have adopted the twisted logic that an attack on innocents can somehow be avenged by another attack on innocents.... I have heard from Muslim Americans who feel uneasy about their relationship with our government, who feel isolated and discriminated against by law enforcement. They report feeling denied the full rights of citizenship and also, just as importantly, the full responsibilities of citizenship.

I realize that we can become emotionally overwhelmed by acts of terror committed in the name of Islam. We can, perhaps, fail to see that virtually all Muslim Americans are, just like us, trying to do what all Americans wish to do - lead fulfilling, honorable lives, raise their children, love their families, support their communities, and serve their country. The tension that arises among citizens of different faiths, and between government and citizens of a particular faith, is unacceptable to me. It is inconsistent with what America is all about.

Cyprus Benefits From No Civil Marriage Laws In Israel and Lebanon

AP yesterday reported on the thriving civil marriage industry in Cyprus, catering to residents of Israel and residents of Lebanon. In both of those countries, civil marriage does not exist and religious authorities will not perform interfaith marriages. In Israel the Orthodox rabbinate is particularly strict in determining who is Jewish for purposes of marriage. Last year, 523 couples from Lebanon and 1,533 from Israel were married in Cyprus.

9th Circuit: Names of Referendum Petition Signers Can Be Released

Last month, a federal district court in Washington state enjoined release of the names of individuals who signed petitions supporting a referendum to overturn a recently-enacted state domestic partnership law. The Public Records Act request for the documents had been filed by two gay rights groups that wanted to be able to contact the signers to complain about their support for the referendum. (See prior posting.) In an order issued last Thursday, the 9th Circuit in John Doe #1 v. Ried, (9th Cir., Oct, 15, 2009), cleared the way for release of the names, holding that the district court had relied on an "incorrect legal standard" in granting the preliminary injunction. It said that "an opinion setting forth the reasons for the court’s reversal of the Preliminary Injunction Order shall be issued expeditiously and in due course." The Seattle Times reported Thursday that Protect Marriage Washington, the group supporting the referendum, will seek en banc review of the 3-judge panel's reversal of the injunction. Meanwhile, according to the Seattle Post-Intelligencer, there is still a temporary restraining order outstanding from a state court barring release of the information about petition signers. [Thanks to Alliance Alert for the lead.]

Canadian Court Decides Dispute Between Church Factions Over Control of Funds

Ethiopian Orthodox Church of Canada v. Hohite Semay St. Mary Ethiopian Orthodox Tewahido Church, (BC Sup. Ct., Oct. 9, 2009), involved a dispute over which of two factions in a Vancouver congregation in the Canadian province of British Columbia was entitled to control over $280,000 of church funds. The congregation was made up primarily of immigrants from Ethiopia and Eritrea whose first language is Amharic. The dispute grew out of the firing of the congregation's priest and inaccurate corporate filings when the congregation was created that had initially registered the congregation in the name of the Toronto-based Ethiopian Orthodox Church of Canada. That Church, as plaintiff, is aligned with the smaller of the two factions in the congregation. The British Columbia Supreme Court (as a trial court) held: "the conduct of the parties shows that there was never any intention that the funds raised by and for the benefit of members of the Vancouver Church were for the beneficial ownership of the plaintiff.... The plaintiff is not, and never was, the owner of the funds at issue."

Recent Prisoner Free Exercise Cases

In Putzer v. Donnelly, 2009 U.S. Dist. LEXIS 94467 (D NV, Oct. 9, 2009), a federal district court adopted a magistrate's recommendation to deny a preliminary injunction (2009 U.S. Dist. LEXIS 94472, Aug. 17, 2009). A Jewish prisoner, alleging RLUIPA and 1st Amendment violations, objected that he was not permitted to attend a candle-lighting ceremony on Friday evenings just before sundown, in celebration of the Sabbath.

In Albrecht v. Williams, 2009 U.S. Dist. LEXIS 95070 (D NJ, Oct. 13, 2009), a New Jersey federal magistrate judge found that there were factual disputes that precluded summaryjudgement for either side ina suit by a Catholic prisoner who complained that he was disciplined for refusing to work at his prison job on Sundays, while accommodations were made for Jews, Muslims and Seventh Day Adventists to avoid work on their Sabbaths.

In Henderson v. Hubbard, 2009 U.S. Dist. LEXIS 95652 (ED CA, Sept. 25, 2009), a California federal district court refused to issue a preliminary injunction granting a Muslim prisoner conjugal visits. Plaintiff claimed that his religious faith mandates sexual intercourse with his spouse.

In Nixon v. Brown, 2009 U.S. Dist. LEXIS 95610 (SD FL, Oct. 14, 2009), a Florida federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 95615, Sept. 18, 2009) finding that a former prisoner sufficiently stated a claim that he was prevented from worshiping and that his Kufi cap was confiscated. However his claim for declaratory and injunctive relief is now moot and he is not entitled to recover damages for emothonal injury unaccompanied by physical injury.

In State of Vermont v. Hall, (VT Sup. Ct., Oct. 8, 2009), the Vermont Supreme Court held that an inmate's free exercise rights are not violated by requiring him to submit a DNA sample.

Tax Liens Complicate Efforts To Reform FLDS UEP Trust

Saturday's Salt Lake (UT) Tribune reports that growing numbers of tax liens are complicating the work of the Utah court-appointed trustee of the FLDS United Effort Plan Trust. The trust holds land in Colorado City, AZ and Hildale, UT on which FLDS members, many in polygamous relationships, live. A combination of misunderstandings, disagreements and complexity has led to taxes not being paid on many properties in Colorado City, as trustee Bruce Wissan still seeks to remove the religious elements from the trust and allocate some land to former FLDS members who left or were expelled from the Church. (See prior posting.) Tax liens have been filed on homes, businesses and school buildings, vacant land and a 54-acre community park and zoo. In February, tax liens on 35 large communal properties were sold at auction, giving the buyers the right to foreclose if back taxes are not paid within three years. Part of the problem is that non-FLDS members placed on land by the trustee have not paid their share of communal taxes. Also Wissan has not applied for tax exemptions for some of the properties that previously had exemptions. Furthermore, some tax lien sales stem from unpaid taxes on only a small portion of a communal lot.

UPDATE: Sunday's Dallas Morning News has a long article that more broadly reviews the unexpected problems being faced being faced by the state of Utah in its attempts to reform the UEP Trust.

Canadian Court Hands Down Decision In Botched Ritual Circumcision Case

In Canada, the Supreme Court of British Columbia (which is the province's superior trial court) this week ruled that the Crown had proved the elements of criminal negligence in the case of a man who performed a botched ritual circumcision on his 4-year old son. It ruled that the defense can now proceed with its claim that the father is entitled to a constitutional exemption because the circumcision was motivated by defendant's desire to fulfill his religious duty. The opinion in Regina v. D.J.W., (BC Sup. Ct., Oct. 14, 2009), contains rather graphic descriptions of the facts underlying the case.

The exact nature of the accused's religious beliefs is not clear. He is not Jewish, but follows both the Old and New Testaments of the Bible. He believed that it was necessary to circumcise his son before Passover. Counsel argued that defendant was entitled to relief in the nature of a constitutional exemption under s. 24(1) of the Charter of Rights and Freedoms. Wednesday's Vancouver Sun reports on the decision.

British National Party Agrees To Eliminate Racial Membership Limits

Thursday's London Telegraph reports that the British National Party has agreed to settle a complaint brought against it in August by Britain's Equality and Human Rights Commission. The party's Constitution (full text) limits membership to those who descend from indigenous Caucasian British ethnic groups. The Commission charged that this violates Britain's Race Relations Act. (EHRC Letter Before Claim to BNP). In settling the case, the BNP has agreed to use "all reasonable endeavours" to revise its constitution to eliminate discrimination on the basis of "protected characteristics" including race, gender and religious belief. The court gave party leader Nick Griffin ten days to submit a signed agreement undertaking to present party members with a revised constitution at the BNP's general meeting next month.

Plaintiff Who Challenged Teacher's Remarks Now Speaks At Republican Fund Raisers

Earlier this year, California high school student Chad Farnan and his parents won a mixed victory in a lawsuit against Chad's former high school history teacher James Corbett. They alleged that Corbett made comments in class hostile to religion, particularly to Christianity. A federal court found that one of the teacher's comments violated the Establishment Clause, but on various grounds denied any sort of relief. (See prior posting.) Now, according to yesterday's Orange County (CA) Register, 17-year old Farnan is speaking at fund raisers for Republican candidates. At an event for Shawn Black, a candidate for the 70th Assembly District in Orange County, Farnan told the audience: "Now is the time to fight back, so our rights as Christians and conservatives can be taken back." The fundraiser's master of ceremonies told the audience: "We need to pray for [Farnan] because he is under attack for his faith." The Capistrano Valley High School senior has given about ten fund raising speeches since May.

Group Challenges Constitutionality of IRS Parsonage Allowance Provisions

The Freedom from Religion Foundation and 21 of its members, represented by Michael Newdow, filed a federal lawsuit today challenging the constitutionality of two provisions of the Internal Revenue Code that give special tax deductions to "ministers of the gospel." the complaint (full text) in Freedom from Religion Foundation v. Geithner, (ED CA, filed 10/16/ 2009) alleges that Sections 107 and 265(a)(6) of the Revenue Code violate the Establishment Clause by discriminating against secular organizations and excessively entangling the government with religion because determinations whether the sections apply turn on religious criteria and inquiries.

Section 107 exempts from income the rental value of a parsonage, or the amount of a parsonage allowance, furnished to a "minister of the gospel." Section 265(a)(6) allows a minister of the gospel to claim deductions interest and property taxes, even though the money used to pay such amounts was received from a church in the form of a tax-exempt §107 allowance. The concern is not a literal interpretation of "minister of the gospel"-- courts have not limited application of these IRS regulations to Christian denominations. (Background). Instead the objection is to the requirement that to be deductible, the parsonage allowance must be received as compensation for service performed in the exercise of a religious ministry. This requires an examination of whether the clergy person is performing religious worship or conducting the activities of a religious organization.

The lawsuit also challenges Sections 17131.6 and 17280(d)(2) of the California Revenue and Taxation Code which track the federal provisions being challenged. ABC News 10 reported on the lawsuit.

Colbert's Satirical Review of Arguments In Sunrise Rock Cross Case

There has been much commentary on last week's oral arguments before the Supreme Court in Salazar v. Buono-- the case involving the Sunrise Rock Cross located in the Mojave Preserve war memorial . (See prior posting.) In paticular pundits have focused on Justice Scalia's questioning. (St. Louis Post Dispatch.) Stephen Colbert's satirical take on the arguments is among the more interesting reactions to Scalia. Thanks to Don Byrd for pointing out this video clip:

The Colbert Report	Mon - Thurs 11:30pm / 10:30c
The Word - Symbol-Minded
http://www.colbertnation.com/
Colbert Report Full Episodes Political Humor Michael Moore

President Attends White House Diwali Celebration

According to the Washington Post, on Wednesday, President Obama became the first U.S. President to attend a celebration of the Diwali holiday in the White House. While the White House Diwali celebration tradition began during the George W. Bush Administration, previously only cabinet members and White House staff attended. Diwali is celebrated by Hindus, Sikhs, Jains and Buddhists, although with different traditions in each religion. The White House blog has also posted an account of the President's participation in the ceremony, along with a video greeting extending holiday wishes. At the ceremony the President lit the White House diya (earthen lamp) which is traditional for the festival. He also signed an executive order (full text)reestablishing the Initiative on Asian Americans and Pacific Islanders and setting up an Advisory Committee on Asian Americans and Pacific Islanders.

Supreme Court Hears Arguments On Attorneys' Fees In Civil Rights Cases

The U.S. Supreme Court Wednesday heard oral arguments in a case that could have important implications for the recovery of attorneys' fees by prevailing parties who assert Free Exercise claims against state and local governments. Perdue v. Kenny A. is an appeal from an 11th Circuit decision that raises the question of whether attorneys' fees awarded under 42 USC Sec. 1988 can be enhanced based solely on the quality of performance and results obtained in the litigation. The attorney fee provisions of Sec. 1988 apply to actions under Sec. 1983, under RFRA and under RLUIPA. SCOTUS Wiki has background on the case and links to all the briefs as well as the 11th Circuit opinion below. The Supreme Court has posted the full transcript of the argument. SCOTUSBlog carried a summary of the arguments.

USCIRF Urges Secretary of State To Press Iran On Religious Freedom

The U.S. Commission on International Religious Freedom on Tuesday wrote Secretary of State Hillary Clinton (full text of letter) urging her to press Iran on its human rights and religious freedom record as the U.S. pursues talks over Iran's nuclear program. Iran has been designated a "country of particular concern" under the International Religious Freedom Act (IRFA) since 1999. (See prior posting.) USCIRF letter recommends that the U.S. impose sanctions on Iran under the IRFA by barring entry entry into the United States and freezing the assets of Iranian government officials who have engaged in particularly severe religious freedom violations.

NY City Council Candidate Is a Neopagan Priest

Religion Dispatches yesterday reports on Dan Halloran, a Republican candidate for New York's City Council from Queens. Halloran is a practicing Neopagan. He is a priest of Theodism, a form of Norse Paganism which is a branch of Heathenism (or Asatru). Halloran says he believes in God and that faith is a cornerstone of his life. Explaining his views in a letter to a Neopagan blog, Halloran said: "I honor my Ancestors and cling to my Hiberno-Norse Culture’s Worldview. I revere my God (Tiw)- and henotheistically I may add... I have never hidden my religion—it's on my Facebook.... I've been the corporate counsel for a variety of pagan groups—and have lectured and discussed theology all over the U.S."

Christian Sports Camp Group Sues School That Excluded Its Flyers

On Wednesday, a religious group that operates Christian summer sports camp programs throughout the Midwest filed a federal lawsuit against the Lee's Summit (Missouri) School District challenging its policies governing its Backpack Flyers for Students Program. Only groups specifically named in the school policy statement (with a limited exception for Boy Scouts and Girl Scouts) are allowed to send flyers home with students. None of the named organizations are religious in nature. The complaint (full text) in Victory Through Jesus Sports Ministry Foundation v. Lee's Summit R-7 School District, (WD MO, filed 9/14/2009), alleged that the school's refusal to send home flyers on Victory's soccer camp amounted to a content- and viewpoint-based prior restraint of speech and denied Victory equal protection of the laws. Liberty Counsel yesterday issued a press release on the case.

Ute Tribal Court Rejects Religious Challenge To Fish Hatchery

Yesterday's Vernal, Utah Express reports that a Ute Tribal Court ruled Monday in favor of the Tribe against tribal members challenging the Tribe's construction of the Big Springs Tribal Fish Hatchery. Tribal religious leaders say "the springs are a traditional religious site that must flow naturally without being tapped into a pipeline." While the court rejected these arguments, it did order a 30-day halt in construction of the pipeline to give time to bring concerned parties together to re-evaluate the situation.

Virginia Supreme Court Will Review Episcopal Church Case

According to yesterday's Washington Post, the Virginia Supreme court has agreed to review a lower court's decision in In Re: Multi-Circuit Episcopal Church Property Litigation (see prior posting). The lower court held that under Virginia's "Division Statute," church properties belong to the congregations and not to the Episcopal Church USA and the Diocese. The Episcopal Church argues that the congregations never legally "divided," but instead a conservative faction merely decided to leave and affiliate elsewhere.

Hawaiian Court Gives Key Ruling For Plaintiff In Cemetery Case

As previously reported, last July a descendant of Hawaiian royalty filed suit in Hawaii state court to require Honolulu's Kawaiahao Church and the state Department of Land and Natural Resources to fully comply with state burial laws in a construction project on land that was once a cemetery. Now, according to yesterday's Honolulu Advertiser, plaintiff has won a key ruling. The court rejected the argument that because the church maintains an active cemetery, it is subject to less stringent regulations. The court said that a full hearing before the Oahu Island Burial Council to review the project is required because it is on property that contains burial remains.

One Faith-Based Task Force Urges Involvement In Israeli-Palestinian Issues

On Tuesday, the White House Office of Faith-Based and Neighborhood Partnerships Advisory Council released preliminary drafts of recommendations from its six task forces. (See prior posting.) The Forward reported yesterday that a draft recommendation from one of the Task Forces (the one on interreligous dialogue) recommended that the Faith-Based Office should "create a working group of multi-religious and community organizations focused on the Israeli-Palestinian conflict, to advise administration officials at the National Security Council and the State Department on a just resolution of the conflict." Jewish leaders say this is outside the scope of the Office, and predict the recommendation will not make it into the final version of the Task Force reports.

Meanwhile, the task force on reform of the faith-based office proposed three recommendations for strengthening church-state separation: (1) Strengthen prohibitions against proselytizing program beneficiaries; (2) Post a list of grant recipients online; and (3) Strengthen language in the Executive Order creating the Office to emphasize that following constitutional principles is as important as distributing funds efficiently.

2nd Circuit: Ministerial Exception, Not RFRA, Bars Pastor's ADEA Suit

In Hankins v. New York Annual Conference of the United Methodist Church, (2d Cir., Oct. 13, 2009), the U.S. 2nd Circuit Court of Appeals held that the constitutionally-based "ministerial exception" doctrine requires dismissal of a pastor's age discrimination complaint. Plaintiff claimed that the United Methodist Church's policy requiring ministers over 70 to retire violated the federal ADEA and the New York State Human Rights Law. The court's decision affirmed the result the trial court had reached, but concluded (contrary to its own earlier holding) that it was the ministerial exception doctrine, not the Religious Freedom Restoration Act, that leads to that result. [Thanks to Steven H. Sholk for the lead.]

South African Court Rules Forced Circumcision of Teenager Is Unconstitutional

South Africa's Weekend Post reported yesterday on a decision by a High Court Judge in the town of Bhisho in South Africa's Eastern Cape Province. Teenager Bonani Yamani, now a second-year university student, sued his father and ten other men for abducting him and forcibly performing a traditional Xhosa circumcision on him in 2007 just three months after he had already been circumcised in a hospital. Bonani argued that the traditional circumcision violated his religious beliefs. The court ruled that the forced circumcision violated Bonani's constitutional rights. The teenager had also named the Eastern Cape Congress of Traditional Leaders of South Africa as a defendant. However he withdrew his complaint after the current head of the group apologized for comments made by his predecessor urging that people who refused traditional circumcision should be ostracised.

Russia's Justice Ministry Proposes Controversial Religion Law Amendments

Russia's Justice Ministry is proposing controversial new amendments to the country's law on religion, according to a report yesterday by Georgian Daily. Religious organizations will be required to seek registration from regional rather than local authorities. Also no one who has been convicted of inciting inter-ethnic or inter-religious hostility or "other crimes of an extremist nature" can be listed among the group's members seeking registration. Of more concern among established groups is the proposed new restriction on missionary activity. Government approval will be need before a religious group can engage in any kind of proselytizing activity-- defined as "the dissemination of one’s own faith among people who are not members, participants or followers of that religious organization." Missionaries from abroad must have an invitation form a group within Russia. The Russian Orthodox Church is strongly opposed to these provisions, calling them "spiritual terrorism against missionaries." This opposition may well lead to changes or rejection of the proposals.

Court Reverses Order Barring Autopsy Finding No Evidence of Religious Objections

In Harris County Medical Examiner v. Saghian, (TX Ct. App., Oct. 8, 2009), a Texas state court of appeals reversed a trial court's 2007 decision barring the county medical examiner from performing an autopsy on a Jewish man who apparently had committed suicide. The court rejected the trial court's finding that the autopsy violated the Texas Religious Freedom Restoration Act because, while several rabbis testified as to Orthodox Jewish beliefs regarding autopsies, there was no evidence that the deceased and his wife were in fact observant Orthodox Jews. The only evidence before the court was that the husband and wife consulted with one of the rabbis on several occasions and that the deceased attended events and classes sponsored by a Jewish organization.

Court Says Church Could Be Liable For Harassment of Summer Camp Employees

Nunez v. Mariners Temple Baptist Church, (NY Sup. Ct., Oct. 8, 2009), involved a lawsuit by the father of two teenagers who alleged sexual harassment by their supervisor at a children's summer camp where they were employed. A New York trial court held that the lawsuit could be maintained against a Church that owned the building and yard where the camp operated, as well as against the non-profit organization that ran the camp. The court concluded that the complaint raised a triable issue of fact as to whether the two organizations should be considered an integral enterprise for the purposes of liability. In the case the Church also asserted a claim against its insurance company seeking a declaration that the insurer is obligated to defend and indemnify it in the case. The court refused to conclude that the claim against the Church was excluded from coverage under its insurance policy.

British Tribunal Reverses Exclusion of Dutch Politician Geert Wilders

BBC News reports that yesterday Britain's Asylum & Immigration Tribunal reversed a government decision that refused right-wing Dutch politician Geert Wilders entry into the country last February. Wilders called the Tribunal decision a victory for free speech. Wilders, known for his strong anti-Islam views, had been invited to show his inflammatory film Fitna in the upper house of Britain's Parliament. (See prior posting.) Wilders plans a visit to Britain next week. An appeal by the Home Office, or a ban on different grounds, are possible responses. The Home Office can keep the travel ban in place pending appeal only if it obtains permission from the Court of Appeal.

Brooklyn's Ultra-Orthodox Jews More Willing To Use Civil Authorities In Abuse Cases

The New York Times yesterday reported on the sharp rise in child sexual abuse cases brought recently by prosecutors in Brooklyn (NY) against members of the ultra-Orthodox (haredi) community. After decades in which almost no abuse prosecutions were brought against ultra-Orthodox Jews, a number of developments have led to members of the haredi community for the first time being willing to go to civil authorities to file complaints. The Jewish press, therapists, Orthodox Jewish social workers, rabbis, Jewish blogs and new organizations, combined with the failure of rabbinical courts to deal effectively with molesters, have led parents of victims and the victims themselves to overcome the traditional stigma of going to civil authorities instead of internal religious courts. Brooklyn District Attorney Charles J. Hynes has begun a program called Kol Tzedek (Voice of Justice) that cooperates with Orthodox social workers and sends speakers into schools and community centers to talk about sexual abuse.

UPDATE: According to Wednesday' Forward, despite these developments several national rabbinic leaders urge that Orthodox rabbinic courts continue to screen allegations of sexual abuse to decide whether they should be forwarded to civil law enforcement authorities.

Florida Judge Will Order Teenage Convert Back To Ohio's Jurisdiction

The Orlando (FL) Sentinel reported yesterday that a Florida judge will order 17-year old Fathima Rifqa Bary back to her home state of Ohio where an Ohio court wants jurisdiction. A foster home for the girl has been identified in Ohio. Bary, who converted from Islam to Christianity, fled in August to Florida to husband and wife pastors she had met through Facebook. Rifqa claimed she was afraid her father would kill her because of her conversion. Currently the girl is in custody of Florida's Department of Children and Families. (See prior posting.) Bary's family says that Rifqa's fears are unfounded, but the girl's Florida lawyer says she still is afraid of being returned to her native Sri Lanka.

Florida Circuit Court Judge Daniel Dawson says he will not order the girl returned until her family submits paper work clarifying her immigration status which so far have not been forthcoming despite several court orders seeking them. He also wants assurances that Rifqa will be able to continue studying in a Florida online school. Several people in an Ohio courtroom participated by phone in yesterday's hearing in Florida, including lawyers for Rifqa's parents, her Ohio lawyer, an Ohio prosecutor and a judge. Rifqa spent much of the hearing thumbing through a Bible.

California Governor Vetoes Bill Mandating Police Educational Material On Kirpans

On Sunday, California's Governor Arnold Schwarzenegger vetoed a bill passed by the state legislature that would have required the Peace Officer Standards and Training Commission (POST) to create additional training materials for law enforcement officers on how to deal with Sikhs carrying kirpans. (See prior posting.) The governor said that AB 504 is unnecessary because POST already has authority to create this type of material if it finds it is needed. Religion News Service yesterday quoted Neha Singh of the Sikh Coalition who said the Sikh community was "outraged" by the veto. Singh said that police officers often do not know what they are looking at when they see a kirpan. However a POST spokesman said that statistically the kirpan is not a significant issue.

Postal Service's 2009 Holiday Stamps Are Being Issued

As reported (with photos) by Collectors Quest, the U.S. Postal Service is in the midst of issuing its 2009 holiday season stamps. Last week at the American Stamp Dealers Association show in New York it issued a set of four Winter Holiday stamps with non-religious designs on them-- a reindeer, a snowman, a gingerbread man and a toy soldier. Next week USPS will issue a Christmas stamp with a religious theme. It will feature a painting of Madonna and Child by the 17th century Italian painter Giovanni Sassoferrato. According to a USPS news release, this stamp will be issued Oct. 20 at the Hearst Castle in San Simeon, CA. The the Sassoferrato painting was acquired by William Randolph Hearst in 1926.

Also at the New York ASDA show last week, the Postal Service issued a new Hanukkah stamp featuring a Menorah with nine lit candles and a new brightly colored Kwanzaa stamp. A second Christmas stamp featuring an angel playing a lute was originally also going to be issued this year, but was dropped because of the Postal Service's budget problems. (Stamp News 3/19/2009.)

Senate Majority Leader Criticizes Mormon Church's Support For Proposition 8

The Salt Lake Tribune reported yesterday that U.S. Senate Majority Leader Harry Reid, in a meeting with three organizers of last weekend's National Equality March in Washington criticized the Church of Jesus Christ of Latter Day Saints for its support of California's Proposition 8 last year. Proposition 8 banning gay marriage passed by a 52% vote after a campaign in which the LDS Church and many of its members contributed significant funds and other support. (See prior posting.) Reid, a Senator from Nevada and himself a Mormon, said he thought it was a waste of Church resources and good will for the LDS Church to focus on such a divisive issue.

Recent Prisoner Free Exercise Cases

In Dedrick v. Wilner, 2009 U.S. Dist. LEXIS 92618 (D CO, Sept. 23, 2009), a federal prisoner complained that he is being required to attend a drug abuse education program in violation of his free exercise rights as a condition of obtaining supervised release, and that he will be required to attend a 12-step program with religious content upon release. The court held that his claim regarding future requirements is not ripe, and that his claim regarding his current conditions of confinement need to be filed as a Bivens action instead of a habeas corpus action.

In Lewers v. Pinellas County Jail, 2009 U.S. Dist. LEXIS 92702 (MD FL, Sept. 18, 2009), a Florida federal district court held that a Jewish inmate may proceed with his claim that he was denied a kosher diet. However it rejected his claim that he is entitled to be furnished free of charge with Jewish reading materials, a Torah and a Talmud. The court held that plaintiff failed to adequately allege an equal protection claim, but gave him leave to file an amended petition to cure pleading deficiencies as to his free exercise claims.

In Holley v. Johnson, 2009 U.S. Dist. LEXIS 94126 (WD VA, Oct. 1, 2009), a Virginia federal district court held that plaintiff had adequately alleged violations of his rights under RLUIPA and the First Amendment stemming from confiscation of religious materials and denial of the Common Fare Diet. Plaintiff claimed that the only reason for these actions was that prison authorities do not consider Nations of Gods and Earths to be a religion. The court held that an inmate's sincere, but personal, religious beliefs are entitled to consideration regardless of whether they are shared by all of the members of a religious sect.

Conservative Christian Groups Oppose Current Heath Care Reform Proposals

Liberty Counsel yesterday issued a press release endorsed by 34 other conservative Christian groups saying that "it is time to start over" on health care reform, with a "nonpartisan approach." The statement said in part:

We oppose funding for abortion. Abortion is not healthcare. We support the sanctity of human life from conception to natural death.... We support conscience laws protecting hospitals and healthcare providers from coerced participation in abortion. We oppose government policies pressuring people to forgo or limit treatment because of age or illness..... Every proposed bill funds abortion, including the so-called Baucus bill from the Senate Finance Committee. This is unacceptable. We will not support any bill that funds abortion.

... We support legal reform to stop frivolous lawsuits ...[,] portability, allowing people to take their healthcare with them so it is not tied to employment...[,] options to purchase health insurance across state lines.... We support competition; coverage of pre-existing conditions; wellness care and prevention incentives; tax relief that provides a dollar-for-dollar deduction for every dollar spent on premiums or other medical or prescription costs; and a dollar-for-dollar tax deduction with no limit from gross income for every dollar contributed to nonprofit organizations providing healthcare for free or at reduced cost to the needy..... We oppose a single-payer, government-run insurance program or the so-called public option.

Christian Scientists Want Coverage Under Health Care Reform Bill

Today's St. Petersburg (FL) Times reports on concerns of Christian Scientists as to proposed health care reforms. They want Christian Science practitioners and similar prayer-based healing covered by health insurance. Some of the drafts of health care reform legislation mandate this type of coverage. Other drafts merely exempt religious objectors from the requirement to obtain health insurance.