British Court Rejects Claim Of Burial Benefits Discrimination

In England last month, the Court of Appeal handed down an interesting decision rejecting a discrimination claim by Muslim families who had recently migrated to the United Kingdom. The families sought government benefits to pay for a funeral in their home countries rather than in Britain. In Esfandiari v. Secretary of State for Work and Pensions, [2006] EWCA Civ 282 (March 23, 2006), the court held that it did not violate the European Convention on Human Rights to allow burial benefits only for funerals in the United Kingdom, even though funerals abroad might be no more expensive. The Court said that recent migrants are not a group protected from discrimination by the Convention on Human Rights, as applied by the Human Rights Act 1998. Yesterday's Asian News discussed the case.

2nd Circuit Upholds Church's Right To Shelter Homeless Outside

On Wednesday, the 2nd Circuit Court of Appeals in Fifth Avenue Presbyterian Church v. City of New York, (2nd Cir., April 26, 2006), upheld a permanent injunction granted by a federal district judge in 2004 barring New York City police from dispersing or arresting homeless people sleeping out-of-doors on stairways of the Fifth Avenue Presbyterian Church. The court below in granting the injunction had found that the Church's practice of allowing homeless persons to sleep on its property is an exercise of sincerely held religious beliefs. [LEXIS link to trial court opinion.] The Becket Fund, which filed an amicus brief in the case, has background information on its website.

Pakistan Charges Foreign Papers, Internet Firms With Blasphemy, Capital Offense

Pakistan's Daily Times reports that the Muhammad cartoon controversy is still alive. Iqbal Haider, head of the People’s Support Movement in Pakistan, convinced Pakistan's Supreme Court on Tuesday to order police to register charges under Pakistan's blasphemy law against the Danish newspaper, Jyllands-Posten, its editor, publisher, a cartoonist, and newspapers in France, Italy, Ireland, Norway and the Netherlands that published derogatory drawings of the Prophet Muhammad. Violations of the blasphemy law can be punished by a sentence of death. Also charged were the Internet companies, Yahoo, Hotmail, and Google, who allowed access to the offending drawings. Haider says that now the government should contact the Interpol to bring the offenders to court in Pakistan. Prosecutors, however, say that Pakistan's courts have no jurisdiction since the offenses were committed outside the country. [Thanks to Jawa Report for the lead.]

Reform Rabbinical Leader Speaks At Liberty University

Earlier this week, Rabbi Eric Yoffie, President of the Union for Reform Judaism, spoke at Jerry Falwell's Liberty University. The liberal rabbi stressed those things that his Reform Jewish Movement believes in common with fundamentalist Christians. These include support for Israel, love for America's religious vitality, and concern about America' moral crisis. Yoffie's talk (full text) also emphasized the importance of church-state separation in the United States:

It is understandable, perhaps, that we may feel victimized and under attack and look for quick fixes. And so we hear calls, sometimes from evangelicals and sometimes from others, for prayer in the schools and lowering the wall of church-state separation. But let us beware of simple answers. As a Jew, I don't like it when other Jews find an anti-Semite under every bed; I don't believe that Judaism is seriously imperiled, and I don't think that Christianity is under siege either. Neither do I want to ask the government to solve our problems by imposing its will. Government coercion generates resentment, not godliness, and it is never a good idea to put the government in charge of our thinking.

Today's Forward has an excellent article on the talk that was given at as part of a Wednesday morning prayer service that is mandatory for students and faculty at the University.

Maine Supreme Court Upholds Vouchers Limited To Non-Sectarian Schools

Maine's Supreme Court on Wednesday upheld the state's ban on the use of school tuition vouchers at religious schools. In Anderson v. Town of Durham, (April 26, 2006), the court, in a 6-1 decision, reaffirmed the conclusion it had reached in a 1999 case. It found that subsequent U.S. Supreme Court precedents hold that the State may be permitted to pass a statute authorizing some form of tuition payments to religious schools, but it is not compelled to do so. Today's Morning Sentinel reports that 17,000 students from 145 small towns with no high schools are covered by the voucher program. Towns may pay for those students to attend a non-sectarian public or a private school, but they may not pay for attendance at religious parochial schools.

Coast Guard Relents On Merchant Marine Photo Rule

In March, the New York Civil Liberties Union sued the Coast Guard over rules that required every Merchant Marine license applicant to submit a photograph that showed the applicant without a head covering, such as a Muslim kufi. (See prior posting.) Newsday (as well as an NYCLU Release) reported yesterday that just before a Monday conference in Hakim v. Chertoff with Judge Jed S. Rakoff, the Coast Guard issued NMC Guidance Document No. 2-06 directing its field offices to enforce the regulation to accommodate religious beliefs and medical needs. This will permit applicants to wear religiously-required head coverings, so long as the applicant can be identified in the photo. The NYCLU said it will not dismiss the case until it is certain that the rule change is permanent.

California Sentencing Judge's Reference To Religion OK'd

In People v. Scharf, 2006 Cal. App. Unpub. LEXIS 3372 (Cal. 3rd Dist. Ct. App., April 24, 2006), a California court of appeals rejected a defendant's claim that a trial judge's comments made during sentencing violated the Establishment Clause. Glyn Scharf was convicted of murdering his estranged wife, even though her body had not been found. After sentencing Scharf to prison, the judge appealed to Scharf's religious convictions in urging him to disclose the location of his wife's body. The court of appeals held that this did not constitute judicial misconduct: "The trial court's appeal to defendant's religious beliefs (present or former) did not express the court's favor of one religion over another, or religion over no religion. At most, the trial court suggested that the revelation of the location of Jan's body would inure to defendant's benefit within the belief system of the religion to which defendant himself had once adhered and might still adhere. Thus, even if the court's exhortation to defendant can be construed as a 'comment on religious questions,' defendant has failed to show that it is the sort of comment that contravened the principal of neutrality."

House Committee Defeats Duplicative Anti-Discrimination Amendment To Telecom Bill

Broadcasting & Cable reported that yesterday the House Commerce Committee found itself in the uncomfortable position of voting 29-23 against an amendment to a bill on video franchising that would prevent discrimination in service based religion (as well as race, sex, or national origin). Committee Chairman Joe Barton said that everyone on the committee opposed discrimination; however it is already prohibited by current law. If the amendment to the Communications Opportunity, Promotion, and Enhancement Act of 2006 had been adopted, the bill could have been referred to the Judiciary Committee, where its passage could be delayed.

Churches Moving To Retail and Commercial Space

In RLUIPA, Congress made it clear that public policy favors permitting churches to relocate to new sites. Yesterday's Pittsburgh Post-Gazette carries an interesting article on the problems that some communities and commercial firms anticipate from a growing trend by churches to relocate to strip shopping malls, big box store locations, and corporate campuses. Some churches see these locations as attractive because they are cheaper than building from scratch, and shoppers at nearby stores might be drawn to the church. However many communities are unhappy because churches, as nonprofits, will not pay property tax. Parishoners coming from elsewhere may create traffic problems and increase demand for city services. For nearby retailers, there are concerns about teens from the church roaming the stores, with church members taking up parking spaces, and with the fact that a church may draw less traffic to the retail location than would another store.

Florida House Votes Property Tax Exemption For Holy Land Experience

Yesterday, the Florida House of Representatives passed HB 7183 by a vote of 93-25. The bill will grant a property tax exemption to non-profit organizations for property they use for Biblical displays. It is aimed at resolving a battle between The Holy Land Experience theme park and the Orange County Property Appraiser, according to an Orlando Sentinel blog. The theme park has already succeeded in obtaining a trial court ruling that it is entitled to a property tax exemption under current law, but Orange County has appealed. A Senate version of the tax exemption bill (SB 2676) has not yet been scheduled for a floor vote.

Government and Human Rights Groups Urge Tadic To Reject Serbia's New Religion Law

Last week Religion Clause reported on the controversial new Church and Religious Communities bill passed hurriedly by Serbia's National Assembly. Now a number of governmental and non-governmental organizations are criticizing the bill and urging Serbian President Boris Tadic not to sign it into law. The OSCE and the Council of Europe issued a joint statement on Tuesday saying that the law needed "more precise criteria to define the discretionary powers [of] ... state and religious authorities." It pointed out that the effect of non-registration of religious groups was unclear, as was the legal status of canon laws and ecclesiastical decisions. The statement also criticized the speedy manner in which the bill was adopted, leaving insufficient time for review and public debate.

On Wednesday, the U.S. Helsinki Commission issued a statement criticizing the law's "ambiguous registration requirements, limitations on naming rights, ill-defined state deregistration powers, speech limitations, improper public disclosure requirements, and undue deference to registration decisions of other EU countries." The statement also criticized provisions that would require many minority religious communities now registered to re-register with authorities.

Finally, according to B92 News, a letter signed by nine human rights organizations in Serbia said that the bill brings Serbia's secular character into question. The letter says the new law is contradictory to human rights guarantees in the country's constitution. It charges that the law moves Serbia back toward medieval times and away from modern Europe.

UPDATE: Despite these pleas, Makfax reported Thursday afternoon that Serbia's President Boris Tadic signed the Church and Religious Communities Act into law.

ACLU Questions Louisiana Mayor's Bible Study Class

The Louisiana Chapter of the American Civil Liberties Union is raising questions about a weekly Bible study class being held in City Council Chambers by Mandeville, Louisiana Mayor Eddie Price, according to an Associated Press report yesterday. Price says the classes are non-denominational and are open to anyone, and that they merely serve as a way to educate people about God. He said the class does not violate church-state separation-- its just about reading the Bible. Chuck Staub, a local minister, defending the class said, "All we're dealing with is Jesus of Nazareth", noting that the participants study what Jesus did and why that is important. "Everybody is welcome to come."

Joe Cook, Louisiana ACLU executive director, argued that the sessions advance Christianity over other religions, and said that some city employees may feel pressured to attend. City Attorney David Cressy, however, argued that the classes are permissible because they are a private function, primarily for individuals who work at City Hall.

Challenges To Kentucky Funding For Religious Colleges Filed

The Lexington Herald-Leader reported yesterday that two separate lawsuits have just been filed in Kentucky to test the constitutionality of state funding for religiously-affiliated colleges. Funds have been appropriated for a new Pharmacy School and Pharmacy scholarships at the University of Cumberlands. Also funds are earmarked for a technology center upgrade at Baptist-affiliated Campbellsville University. After the the Executive Director of the Kentucky Fairness Alliance filed suit to challenge funding for Cumberlands' pharmacy school, the Governor's Office for Local Development filed a separate suit asking the court to validate the appropriations for both the University of the Cumberlands and Campbellsville University. The Cumberlands funding became particularly controversial after the school expelled student Jason Johnson because he said on a website that he was gay.

Kentucky Governor Ernie Fletcher says that two of his top advisers differ on the constitutionality of the funding. His chief of staff believes it is unconstitutional. However, his general counsel takes the position that the state's Constitutional ban (Sec. 189) on using tax money to support sectarian schools applies only to elementary and secondary schools and not to colleges.

LDS Church Wants To Buy Part of ASU Polytechnic Campus

The Church of Jesus Christ of Latter-day Saints wants to purchase part of Arizona State University Polytechnic's campus in Mesa, according to a report in today's ASU Web Devil. It proposes to build an LDS Institute of Religion on the site to offer religious courses to students. Both LDS and non-LDS students would be welcome to enroll, but the courses would involve the teachings of the LDS church. Some on the University's Space and Capital Planning Committee worry that the plan would convey a message that the University favors one religious group. At any rate, under current law ASU is not allowed to sell off parts of the campus. In the meantime, LDS has leased a house next to campus to use for an Institute of Religion until it can build permanent facilities.

California May Pass Law Limiting Funeral Pickets

Yesterday's Contra Costa Times reports that California may join a number of other states in enacting legislation to ban protests near funerals or memorial services. AB 2707 was introduced largely in response to protests at veterans' funerals around the country led by Topeka, Kansas Rev. Fred Phelps of the Westboro Baptist Church. Phelps and his followers carry signs claiming that soldiers are dying in Iraq and Afghanistan because God is punishing the United States for being tolerant of gay and lesbian behavior. Attorney Shirley Phelps-Roper, one of Rev. Phelps' daughters argues California's bill is unconstitutional: "They may not remove us from sight or sound of our target audience. What (AB 2707) has done is targeted our religious message, and they are prohibiting the free exercise of our religion." Last week's Mail & Guardian discusses Phelps' activities. Phelps' website, "God Hates Fags" lists upcoming funerals at which he and his followers will be carrying picket signs.

Florida State Charitable Campaign Sued By Religious Charities For Access

Yesterday, the Association of Faith-Based Organizations filed suit in federal court in Florida challenging the refusal by Florida’s State Employees’ Charitable Campaign to include religious charities in the organizations to which state employees may contribute funds. Attorneys from the Alliance Defense Fund and the Christian Legal Society represent AFBO. (News Release.) The complaint (full text) alleges that the policy violates free exercise, speech and associational rights of religious charities and denies them equal protection of the laws. A somewhat similar suit is pending in Wisconsin.

Rastafarian Prisoner Can Move Ahead On One Claim

In Acoolla v. Angelone, 2006 U.S. Dist. LEXIS 21559 (WD Va., April 10, 2006), a Rastafarian prisoner sued the Virginia Department of Corrections claiming that his religious beliefs require him to keep his hair and beard uncut; wear religious beads in his hair; eat a vegan-kosher diet; use prayer oil; and participate in group worship on Saturday in a ceremony that includes the use of drums, chanting, readings, and religious conversations. A Virginia federal district court rejected all of the prisoner's claims of access to these, except for his request for a kosher vegan diet. On that claim the court denied summary judgment, finding that the record was insufficient at present to support a finding that defendants' refusal furthered a compelling interest by the least restrictive means.

First Use Of Utah's Hate Crime Law May Be For Religious Bias In Assault

The county attorney in Utah County, Utah, says that the first prosecution under the state's new hate crimes law may be in the offing. An 18-year-old man was arrested for aggravated assault after he allegedly harassed a 21-year-old Orem man about the LDS Church, and then attacked him with a bat. Yesterday's Deseret News reported on the arrest. The new law provides for a one-step misdemeanor enhancement in sentencing for hate crimes. It also permits the impact of a hate crime to be considered as an aggravating factor in sentencing. Even though the effective date of the new law is May 1, prosecutors apparently believe it is available for a crime committed before that date.

Judge Apologizes To Sikh Excluded From Courtroom

A judge in Laurens County, Georgia has written a letter of apology to Tarun Singh Kataria, a Sikh who was denied entry to the court last August under its "no hats" policy. Sunday's Panthic Weekly reported that the court has also formally changed its security policy on religious head coverings to explicitly permit Sikhs wearing turbans into the courthouse. The Sikh American Legal Education and Defense Fund (SALDEF) intervened for Mr. Kataria, obtaining not only an apology from Judge Helen Harper, but a refund of the traffic fine Kataria was coming to court to contest.

Two Cases Reject Church Autonomy Jurisdictional Challenges

Wooten v. Crayton, (Mass. App., April 24, 2006) involved a dispute between two factions of a congregational church over congregational votes to disaffiliate with the United Church of Christ, to authorize the building of a new church, and to affiliate with the American Baptist Church Conference. A Massachusetts appellate court held that the trial court should not have completely dismissed the case on church autonomy grounds. Instead "in recognition that there is a secular interest in facilitating a peaceful solution", the court concluded that it could enforce the decision of the body that had authority to govern the church. Finding that the church by-laws called for governance by the church membership, the appellate court held that the membership votes should be enforced.

In a recently available decision in Passmore v. Sixth Judicial District, 2005 Mont. LEXIS 705(Mont. Sup. Ct., Nov. 16, 2005), the Montana Supreme Court refused to intervene to stop a trial court from proceeding in a case against a church alleging negligence in hiring, retaining and supervising the church's pastor. Petitioners had claimed that the trial court's proceedings would impinge on the church's teaching of religion or free exercise of religion.

Professional Football Team To Wear Bible-Themed Jerseys

The Establishment Clause only applies to limit governmental action. It does not apply to conduct of private parties. However the line between "state action" and private action is sometimes fuzzy, for example where a private party and a state entity act together to carry out a program. The resolution of where that line lies may be important in evaluating an interesting new promotion by the Birmingham (Alabama) Steeldogs, a football team run by its private owner, but whose games are played in a public stadium, the Birmingham-Jefferson Convention Complex. The Steeldogs announced last week that on Friday, May 5, for the first time in sports history, a professional franchise will wear Bible-themed jerseys during a game.

On the jerseys, "Steeldogs" is replaced by "Samson", referring to the Old Testament hero known for his strength. On the back of the jerseys, the player's last name will be replaced by a book of the Bible. The number on the jersey will correspond to a chapter and verse of that particular book. Fans in attendance will be able to find the reference in free Bibles that will be handed out to everyone courtesy of Spiritual Outdoor Adventures. After the game, the jerseys will be auctioned off, with the proceeds going to local non-profit ministries. This event is the first of three "Barber's Dairy Faith Nights" with the Steeldogs.

Texas School Board Offers To Settle Suit With Bible Club

The Plano, Texas school board has offered to settle a lawsuit filed against it by Liberty Legal Institute challenging the school's refusal to allow a student bible group to place its information on the Haggard Middle School website along with information from other student groups. (See prior posting.) When the suit was filed, the school agreed to give the students website access, but Liberty Legal also objected to the failure to give the group a faculty sponsor. Under the settlement proposal, as reported by the Dallas Morning News, all noncurricular groups will get equal access to bulletin boards, fundraising activities, student activity accounts and other privileges, and will be entitled to have a faculty sponsor. However, school staff will only be able to attend religious meetings "in a nonparticipatory capacity". The settlement offer came after a federal judge granted the student group, Students Witnessing Absolute Truth, a preliminary injunction. (Fort Worth Star-Telegram.)

Satmar Grand Rabbi Dies Without Resolving Power Battle Between His Sons

Litigation over the last several years in New York courts between supporters of two rival sons of the leader of the Satmar sect of Hasidic Jews has been part of the larger question of who will succeed Satmar Grand Rabbi Moses Teitelbaum. (See prior posting.) WABC-TV New York reports that yesterday the 91-year old Grand Rabbi died without explicitly announcing which son he wished to succeed him. Queens College Professor Samuel Heilman suggested that Teitelbaum may have left either a traditional will or a "moral will" indicating who should take over his position. Ultimately there may be more than one leader.

UPDATE: According to a report by the Associated Press on Tuesday evening, the Satmar's Rabinnical court has announced that Rabbi Moses Teitelbaum left a will naming Zalmen Teitelbaum, the third of his four sons, as the next Grand Rabbi. However, Richard Schwartz, an adviser to the followers of rival son, Aron Teitelbaum, said "The will is not the vehicle for establishing succession if history is to be our guide." He argued that Moses Teitelbaum was not in a lucid state of mind when he wrote the will and that Satmar tradition provides for the oldest son to be the successor.

UPDATE 2: The New York Times reports that less than 2 hours after the Moses Teitelbaum's death, New York Judge Stewart A. Rosenwasser issued several orders at the request of Aaron Teitelbaum's supporters. They included requirements to maintain order and decorum during the funeral and the mourning period, and to assure that neither Aaron's nor Zalmen's supporters were shut out. But Zalmen Teitelbaum's supporters say the orders also solidify Aaron's claim to power, and the filed an appeal. Tuesday afternoon, an appellate judge struck parts of Rosenwasser's ruling.

Viet Nam Official Announces Government Policy On Religion

Viet Nam News Service yesterday reported that Ngo Yen Thi, head of Viet Nam's Committee for Religious Affairs has affirmed that the country's policy is to respect and ensure freedom of belief and religion for all Vietnamese citizens. Speaking at a press conference at the 10th National Communist Party Congress, Thi summarized the Party's policy:

1. Belief and religion are the spiritual need of a portion of the population, which exists and will continue to exist within the nation during the process of socialism construction in Viet Nam. Fellow citizens of all religions are part of the great national unity bloc.

The State will continue to implement the consistent policy of respecting and ensuring the right to freedom of belief and religion and normal religious activities in accordance with the law.

2. The Government would implement the consistent policy of great national unity; unite fellow citizens of different religions and unite fellow citizens who are religious and who are not; strictly prohibit discrimination against citizens on the grounds of belief and religion; and strictly prohibit misuse of belief and religion for superstitious activities, contravention of the law and State policies and incitement to sow division among people and ethnic groups, or disturb and infringe national security.

Thi also outlined provisions of law regarding recognition of religious groups and reviewed achievements of the past years in implementing the government's religious policies.

The timing of Thi's remarks may not have been coincidental. The annual report of the U.S. Commission on International Religious Freedom will go to Congress on May 1. (Associated Press report.) Viet Nam did not fare well in last year's report. (See prior posting.)

6th Circuit Denies En Banc Review of 10 Commandments Case

In a 9-5 decision today in ACLU of Kentucky v. Mercer County, (6th Cir., April 24, 2006), the U.S. 6th Circuit Court of Appeals refused to grant en banc review of a decision by a 3-judge panel of the Court that upheld the constitutionality of a display containing the Ten Commandments. The display, in a court house in Mercer County, Kentucky, was identical in content to the display in McCreary County, Kentucky, that was struck down by the U.S. Supreme Court in June 2005. Nevertheless, the 3-judge panel found that Mercer County lacked the religious purpose that McCreary county had evidenced. (See prior posting.) A strong dissent to the refusal to rehear the case was written by Judge R. Guy Cole. He said: "The panel read Mercer County’s action of quickly and exactly copying its fellow counties’ embattled and religiously motivated display out of the record. Rather, the panel held as a matter of law ... that the reasonable observer would perceive a predominantly secular purpose behind Mercer County’s display."

The American Center for Law and Justice, which represented Mercer County, issued a statement praising the decision. It said: "This is an important defeat for the ACLU and other groups that are committed to removing our religious heritage and traditions from the public square." The Louisville-Courier Journal reports on the en banc determination.

Cert. Denied In "Jesus Poster" Case

The U.S. Supreme Court today denied certiorari in Baldwinsville Central School District v. Peck (05-899). The Second Circuit Court of Appeals had rejected an Establishment Clause challenge, agreeing with the school district that there was no evidence that teachers or administrators had acted with the intent to inhibit religion when they folded a kindergarten student's environmental poster in half to hide a robed figure representing Jesus before displaying the poster at a school assembly. The Court of Appeals, however, did conclude that the case should be remanded for trial to determine whether the school district engaged in unconstitutional viewpoint discrimination that violated the student's speech rights. (See prior posting.) The Associated Press reports on the denial of cert.

Norway Opens Hearings On Church-State Separation Proposal

Norway today opened hearings on a proposal to amend the country's constitution to provide for separation of church and state, according to Mainichi Daily News. A State-Church Panel recommended the move after three years of study. (See prior posting.) The government has asked 2,500 people and groups, including every congregation and city in Norway, to comment on the Panel's proposal by Dec. 1. For 469 years, the Church of Norway has been the established church in the country. With its Lutheran ideology, the Church of Norway is funded by the government that also hires its clergy. About 86% of Norway's population are formally members of the Church. However, since registration at birth is automatic, a far smaller number are actually active members.

Homeowners Association Settles Suit On Religious Group's Use of Community Room

Recently there has been increased concern about rules of private homeowners associations, coop boards and tenants associations that bar residents from using common space for religious meetings, worship or for religious symbols. (See prior postings 1, 2.) The latest example is a settlement announced April 19 by the Arizona Attorney General's office. A lawsuit was filed against the Sunland East Homeowners Association in Mesa upon the complaint of a group of residents who belong to the Church of Jesus Christ of Latter Day Saints. The Homeowners' Association first attempted to charge a fee, and then barred use of the community room by religious groups. The Arizona Attorney General sued alleging that this was religious discrimination that violated the state's Fair Housing Act. The court has approved a settlement that will lead to a revision of the room-use rules and training of employees and residents to acquaint them with the state's fair housing requirements. The East Valley Tribune on Friday reported on the settlement.

Vatican-China Move Toward Normalizing Relations

Yesterday's Washington Post reported that China and the Vatican are close to normalizing their relations. The Vatican has signaled that it is willing to break diplomatic ties with Taiwan and set up diplomatic relations with Beijing as part of an overall agreement that would protect the Church's role in China. The other major dispute between the Church and China is over who has the power to appoint Catholic bishops. This is also moving toward resolution, as the Chinese government has begun to select bishops it knows have already been chosen by the Vatican. However, Chinese leaders are still concerned that the Vatican might encourage activity in opposition to government policies among Catholics in China.

South African Court Hears Discrimination Claim By Hindu School Girl

The Cape Times today reports on a court hearing in Pietermaritzburg, South Africa last Friday, appealing the decision handed down last year by the Durban Equality Court. The magistrate below had rejected a discrimination claim by Sunali Pillay, a 16-year old high school girl who has been barred from wearing a gold nose stud. Pillay claims that the stud is a cultural and religious practice that has been adopted by South Indian Hindu women. The school says it is merely a fashion item.

French Far Right Presidential Candidate Opposes "Islamization" of France

In France, right-wing politician Philippe de Villiers, head of the anti-immigrant Mouvement Pour La France party, began his 2007 presidential campaign on Sunday by denouncing the Islamisation of the country and contending that Islam is incompatible with France's secular values. He called for the government to stop all mosque construction, according to a Reuters report yesterday. He also proposed a citizen's charter that would require strict separation of religion and state, freedom to change religions, and respect for the equality of men and women.

More Religion In Ohio Political Ads

In Ohio, candidates in the upcoming May 2 primary continue to affirm their religious credentials to fundamentalist Christians. (See prior posting.) In the latest example, reported by the Associated Press on Thursday, State Auditor Betty Montgomery, who is a Republican candidate for state Attorney General, has taken out an ad in a newspaper distributed by Fairfield Christian Church, the congregation of Ohio Restoration Project leader Rev. Russell Johnson. The ad features Montgomery standing on the Seal of Ohio outside the State House. She is in front of the state motto, "With God all Things Are Possible". The motto is inscribed in the bronze flatwork outside the State House. The ad’s tagline: "Betty Montgomery has fought all the way to the top to protect our values." In today’s Toledo Blade, columnist Russ Lemon reports that Montgomery is also incorporating the state motto into her latest radio ads.

By the way, the state motto, taken from the New Testament (Matthew 19:26), was upheld against an Establishment Clause attack in an en banc U.S. Sixth Circuit Court of Appeals decision in 2001. The source of the motto does not appear in the version outside the State House. This link will take you to a photo of the motto as it appears on the State House plaza.

Native American Prisoners In New Hampshire Seek Sweat Lodge Use

Yesterday’s New Hampshire Union-Leader carried an article about the ongoing efforts by Native American prisoners in New Hampshire to obtain the use of Sweat Lodges for religious ceremonies and the negotiations with state correctional officials over the rules that will apply.

Background On A.D. vs. C.E. Labeling For Historical Dates

I recently posted a story on the debate over the Kentucky Board of Education’s decision to begin using C.E. and B.C.E. along with B.C. and A.D. in teaching historical dates. Here is some additional background. (Sources include Wikipedia, and April 2005 Washington Times.)

The practice of referring to years in relation to the date of the birth of Jesus was originated by a Scythian Monk, Dionysius Exiguus, in Rome in 525. It came into common use in the 8th century. Historians now agree the Exiguus was a few years off in setting the year of Jesus’ birth. Jesus appears to have in fact been born between 4 and 8 B.C. (B.C.E.) Pope Gregory continued using the B.C./A.D. designations when he created the Gregorian calendar in 1582. The notations have always been a low level source of irritation to non-Christians, reminding them that Western civilization defines itself in Christian terms. Particularly the use of A.D. ("in the year of our Lord"), not just "after Christ", seems to require the user to proclaim a religious acceptance of Christianity. Jewish scholars for over a century have used. C.E. (common era) and B.C.E. (before the common era) in their work.

The leaders of the French Revolution attempted to introduce a dating system that counted years from the beginning of the "Republican Era", i.e. the day the First French Republic was proclaimed. In the United States, dating of official documents from the date of the Declaration of Independence, along with the use of A.D., was a practice that was sometimes used. The Constitution of the United States concludes with the following:

Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth.

It was only in the 1990's that a movement began to use C.E. and B.C.E. more generally. The United States Supreme Court recognizes the problem that the notation poses for some attorneys. Its instruction form for applicants for admission to the Supreme Court bar tells attorneys how to request a certificate of admission reflecting the date of the lawyer’s admission without the accompanying phrase "in the year of our Lord".

In 2000, the Southern Baptist Convention adopted the following Resolution opposing the secularization of dates, and at the same time reflecting why use of the traditional system is problematic for non-Christians:

WHEREAS, Historically, our (Gregorian) calendar marked the centrality of the incarnation of the Lord Jesus by the designation B.C. (before Christ) and A.D. (anno Domini…); and WHEREAS, Some recent publishing practices alter this designation in favor of B.C.E. … and C.E….; and WHEREAS, This practice is the result of the secularization, anti-supernaturalism, religious pluralism, and political correctness pervasive in our society. WHEREAS, The traditional method of dating is a reminder of the preeminence of Christ and His gospel in world history; and WHEREAS, This retention is a reminder to those in this secular age of the importance of Christ’s life and mission and emphasizes to all that history is ultimately His Story.

Therefore, be it RESOLVED, That the messengers to the Southern Baptist Convention…, encourage Southern Baptist individuals, churches, entities, and institutions to retain the traditional method of dating and avoid this revisionism.

Utah To Have Faith-Based Initiative Office

Utah’s Gov. Jon Huntsman Jr. has just agreed that his state will become the 25th to set up an Office of Faith-Based and Community Initiatives, according to yesterday’s Salt Lake Tribune. The office will help Utah’s religious and secular charities access federal funding. The predominance of the Mormon Church (LDS) in Utah led previous governors to refrain from setting up such an office out of concern about church-state separation. The LDS Church has traditionally not gone after public funds because it dislikes the conditions attached to government grants. It is unclear how many non-Mormon religious charities there are in Utah that would want to access faith-based funding.

Federal V.A. Charged With Providing Unconstitutional Spiritual Treatment

An interesting suit was filed on Wednesday against the U.S. Department of Veterans Affairs by the Freedom From Religion Foundation (FFRF) challenging the integration of religion by the VA chaplains corps into the medical services provided by the Veterans Health Administration. (News Release.) The suit, filed in federal district court in Wisconsin, claims that "As part of the evaluation of each patient's health care needs, the VA requires that a spiritual and pastoral care screening assessment be provided to each patient as part of the interdisciplinary admissions process; VA chaplains then are to determine the 'need' for any pastoral care interventions deemed necessary if 'spiritual injury or sickness' is assessed by the chaplain." The chaplain’s assessment becomes part of the patient’s medical chart.

The complaint was accompanied by sample "spiritual inventories" (1, 2) used by VA chaplains. The complaint (full text) alleges that the funding of these kinds of chaplaincy services, which go far beyond merely accommodating the religious free exercise rights of hospitalized veterans and their families, violates the Establishment Clause. The Madison, Wisconsin Capital Times quotes Annie Laurie Gaylor, co-president of FFRF, who said that this was an invasion of patients’ privacy by the VA that justifies its practices as "holistic" medical treatment.

UNESCO Moves On Preventing Future Insults To Religions

On April 3, the Executive Board of UNESCO adopted an Agenda Item proposing that UNESCO’s Director General take steps to adopt "a binding international legal instrument to ensure respect for prophets, beliefs, sacred values, religious symbols and places of worship." CNS News reports that this is part of a continuing effort by the Organization of the Islamic Conference undertaken in the wake of the controversial publication earlier this year of caricatures of the Prophet Muhammad. OIC’s secretariat, based in Saudi Arabia, is pressing both the United Nations and the European Union to counteract what OIC calls "wanton provocation and reckless, blasphemous libertarianism cowering behind so-called freedom of the press."

New Publications On First Amendment Religion Topics

From SSRN:

• Paul Horwitz, Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion In Judicial Nominations.
• Steven R. Obert, Public Prayer In the Navy, forthcoming in Naval Law Review.

From Bepress:

• Asma T. Uddin, Evolution Toward Neutrality: Evolution Disclaimers, Establishment Jurisprudence Confusions, and a Proposal of Untainted Fruits of a Poisonous Tree (April 2006).

From SmartCILP:

• Colin McRoberts & Timothy Sandefur, Piercing the Veil of Intelligent Design: Why Courts Should Beware Creationism's Secular Disguise., 15 Kansas Journal of Law & Public Policy 15-56 (2005). (Blog entry about article.)

Howard Dean's Controversial Statement On Churches and Politics

A statement on religion and politics to the Christian Science Monitor in an interview on Wednesday has created a good deal of controversy for Democratic National Committee Chairman Howard Dean. He said, "The religious community has to decide whether they want to be tax exempt or involved in politics." Joseph Cella, president of Fidelis, a Catholic advocacy organization, said, "Howard Dean's statement makes it clear that he wants to muzzle America's churches and religious groups from professing what they believe on important issues facing our society." CNS News on Friday, reporting on the controversy, also reviewed a number of supportive statements that Dean has made since 2004 in speeches to religious groups and in other attempts to reach out to people of faith.

Malaysia's High Court To Hear Case On Jurisdiction Over Converts

Malaysia’s highest court, the Federal Court, announced on April 13 that it would hear a sensitive religious freedom case posing the question of whether a Sharia court must approve a Muslim’s conversion to Christianity, according to Friday’s Christian Post. Azlina Jailani converted to Christianity in 1998. The National Registration Department agreed to change her name on her identity card to her new Christian name, Lina Joy. However, it said it could not change her designated religion without permission from a Sharia court that has jurisdiction in civil and family matters over Muslims. This is preventing Ms. Joy from marrying a non-Muslim since the civil registry only marries those who are officially non-Muslim. Joy’s attorney argues that Malaysia’s Constitution does not require Islamic court approval to convert out of the Muslim faith.

Three Recent Prisoner Free Exercise Cases

In Larson v. Schuetzle, (N.Dak. Sup. Ct., April 19, 2006), the North Dakota Supreme Court upheld prison officials’ confiscation of religious magazines given to inmate Reuben Larson by other inmates, and officials’ order to Larson to remove from his cell wall a picture of an American flag that he had cut out of a newspaper. The court found that prison rules prohibiting possessing various types of contraband were valid and did not violate Larson’s constitutional rights. The case was covered by the Grand Forks Herald last Wednesday. Larson is serving a 28-year sentence for a 1992 shooting of a judge in his courtroom while he was hearing Larson’s child support case.

In Earl v. Gould, 2006 U.S. Dist. LEXIS 19861 (WD NC, April 11, 2006), a North Carolina federal district court rejected a number of claims by a Muslim prisoner brought under the First amendment and RLUIPA. For various reasons, the court rejected inmate Vincent Earl’s claims that he was denied the right to participate in Ramadan services, that he did not receive the specific version of the Quran that he requested, that Friday Jumah Prayer Services were held at the wrong time, and that the prison refused to recognize his name change. The court also rejected Earl’s complaint that Muslim inmates were required to file an "Inmate Request for Religious Assistance Fact Sheet”, while Christian prisoners were not, and that more Christian than Muslim services were held at the correctional facility. The court said that the Constitution permits allocation of religious resources based on the different numbers of prisoners in each religious group.

In Walls v. Schriro, 2006 U.S. Dist. LEXIS 19833 (D Ariz., April 13, 2006), an Arizona federal district court denied a preliminary injunction to an inmate of the Hare Krishna faith who claimed the lacto-vegetarian diet provided to him in prison did not meet his religious requirements because it include caffeinated beverages, garlic and onions, and was not prepared by a member of the Krishna sect. The court found it unlikely that inmate Rex Walls would succeed on the merits of his First Amendment or RLUIPA claims, given the high costs of the prison’s further tailoring diets to inmates’ religious needs.

Serbia's Parliament Passes New Religion Law

Yesterday, Serbia's National Assembly passed the country's controversial new religion law just before the Serbian Easter recess, according to Forum18. The vote was 120 for the law, 4 votes against and 5 abstentions, with the remainder of the 250 parliamentary deputies absent. The final text of the law has not yet been made publicly available. Unconfirmed reports are that the law requires new religious communities to obtain 8,000 signatures in order to be approved for registration.

Students Sue Over High School Speech Code

The Philadelphia Inquirer reports that on Wednesday three high school students, represented by the Alliance Defense Fund, filed a federal lawsuit against the Downingtown (Pennsylvania) Area School District, claiming that they were barred from displaying the words "Christian" and "Bible". The students, who wanted to call their school group the "Bible Club," were told it had to be called "the Prayer Club" instead. In addition, they allege that they were barred from expressing their views on the "sinful nature and harmful effects of homosexuality." District policy prohibits students from expressing opinions that seek "to establish the supremacy of a particular religious denomination, sect or point of view." The lawsuit alleges that the Downingtown East High School students want to express their belief "that there is a superior religious point of view to other competing views that would, for example, affirm a homosexual lifestyle." The high school's speech code is similar to others that ADF has challenged on the college level.

Georgia Church Challenges Denial of Zoning Variance In Suit Filed By ACLU

The ACLU of Georgia announced Wednesday that its cooperating attorneys, King & Spalding, have filed a federal lawsuit on behalf of the Tabernacle Community Baptist Church which was denied a zoning variance to permit it to establish a house of worship in East Point, Georgia. An East Point zoning ordinance prohibits churches from occupying buildings that were originally used for commercial purposes, even though a similar non-religious commercial enterprise could purchase the building. The complaint (full text) claims that the denial violates the the church's freedom of religion, speech, association and assembly protected by the U.S. and Georgia constitutions , denies the church equal protection of the laws and due process of law, and violates the federal Religious Land Use and Institutionalized Persons Act.

Hamas Authorities In West Bank Town Press YMCA To Close

WorldNetDaily today reports that in Qalqiliya, a town in the West Bank under control of the Palestinian Authority, the YMCA has been warned by Hamas to close its offices or face possible Muslim violence. The action follows coordinated sermons against the YMCA in local mosques last Friday. Muslim organizations and mosques in the city, along with municipal leaders, sent a letter to the PA interior minister accusing the YMCA of missionary activities and demanding the Palestinian government immediately shut them down. The letter said "Qalqiliya doesn't need such offices, especially since there are not many Christians in our city." It continued, "The act of these institutions of the YMCA, including attempting to convert Muslims in our city, will bring violence and tension." The YMCA denies engaging in missionary activities, saying its work in Qalqiliya is limited to athletic activities, general educational programs and financial aid.

9th Circuit Lets School Ban Anti-Gay T-Shirt

In a 2-1 decision, the U.S. 9th Circuit Court of Appeals yesterday upheld the right of a California high school to ban a student from wearing a T-shirt proclaiming: "Be Ashamed, Our School Embraced What God Has Condemned", and "Homosexuality Is Shameful". In Harper v. Poway Unified School District, (9th Cir., April 20, 2006) (majority opinion, dissent), the court, in a decision written by Judge Stephen Reinhardt, refused to grant Tyler Chase Harper a preliminary injunction finding that it was unlikely that he would succeed on the merits of his free speech, free exercise of religion or establishment clause claims. The court found that Harper's wearing of his T-shirt collided with the rights of other students' right to be free from verbal assault. The court also held that there was no evidence that the school's actions imposed a substantial burden on Harper's free exercise of religious belief. It said the Constitution does not prohibit the school from teaching the virtues of tolerance, even if that is inconsistent with a student's religious views. Finally the court found that the school had a legitimate secular purpose in taking the action it did.

Judge Alex Kozinski dissenting, argued that the court should have granted a preliminary injunction preventing the school from banning Harper's T-shirt and barring the school from enforcing its anti-harassment policy as overbroad. He argued that the school was engaged in viewpoint discrimination, and that there was insufficient evidence that the statements on Harper's T-shirt in fact harmed gay and lesbian students. Today's Los Angeles Times reports on the decision.

Jamaica's Prime Minister Moves To Ally Churches With Government

Jamaica's recently-elected prime minister, Portia Simpson Miller, has created a good deal of concern in her nation as she has taken steps to mix religion with government. Yesterday's Trinidad & Tobago Express carried an editorial raising questions about her claim that she was appointed by God to run the country, and about her proposal to name pastors to all state boards. Today's Jamaica Express reports that Miller has won support of the influential Jamaica Council of Churches (JCC) for her proposal that clergy become members or chairmen of all new state boards. Philip Robinson, president of the JCC, said that the Prime Minister's moves "ought to have been a natural expectation since we are a Christian country". The JCC represents most of the mainline Protestant, Catholic and Orthodox churches in Jamaica.

Religious Freedom An Issue During China President Hu's Visit To Washington

As China's President Hu Jintao visited the White House yesterday, he may have been less than pleased at the extent to which issues of religious freedom in China found their way onto his agenda. In his welcoming remarks at Hu's arrival ceremony (full text), President Bush said: "As the relationship between our two nations grows and matures, we can be candid about our disagreements. I'll continue to discuss with President Hu the importance of respecting human rights and freedoms of the Chinese people. China has become successful because the Chinese people are experience the freedom to buy, and to sell, and to produce -- and China can grow even more successful by allowing the Chinese people the freedom to assemble, to speak freely, and to worship."

Hu's remarks contained only the following generalization on the issue: "We are ready to enhance dialogue and exchanges with the U.S. side on the basis of mutual respect and equality to promote the world's cause of human rights."

During the welcoming ceremony, a Chinese woman reporter from The Epoch Times who had been admitted into the White House grounds with press credentials began shouting at Hu: "President Hu, your days are numbered. President Bush, make him stop persecuting Falun Gong." (Reuters report.) Outside the White House, hundreds of demonstrators from Falun Gong, and from a Tibetan youth group, among others, carried signs and shouted slogans. In today's edition, The Epoch Times apologized for its reporter's actions, but reiterated its concern over charges that Falun Gong practitioners are being killed so that their organs can be used for transplantations.

In Tuesday's New York Sun, the Chair and Vice-Chair of the U.S. Commission on International Religious Freedom had published a detailed op-ed piece outlining China's human rights problems. It called on President Bush to urge China's release of all individuals imprisoned or detained because of their religious beliefs or practices.

A.D. vs. C.E.-- Is This The New Christian Political Flash Point?

The Associated Press reports on a fascinating new controversy swirling around an educational decision made by the Kentucky Board of Education this week. At issue is whether schools should drop the traditional way of indicating historical dates. Should the designations B.C. (before Christ) and A.D. (Anno Domini, Latin for "In the Year of Our Lord") be changed in teaching and texts to a designation becoming more common—C.E. (Common Era) and B.C.E. (Before the Common Era)? A draft of a new teachers' guidebook proposed moving to the new designation. This however led to objections from groups like the Family Foundation of Kentucky, which said, "Not only will this lead to confusion on the part of the students, but this is a not-so-subtle way of hiding the substantial influence of religion in the history of Western civilization."

Kentucky Governor Ernie Fletcher also announced his opposition to the change during a ceremony in which he signed a recently passed bill permitting display of the 10 Commandments on public property. Lisa Gross, a spokeswoman for the Kentucky Department of Education, said that the new designations are coming into wider use, and students need to know about them in case they encounter them on college placement tests. Finally, the Kentucky Board of Education found a compromise. (WorldNetDaily, Louisville Courier-Journal.) It voted on Tuesday to use both versions, so that textbooks will reflect a date as 700 A.D./C.E. The Kentucky Family Foundation is still not happy. It accuses the Board of merely attempting to be "politically correct"-- a position taken in a formal Resolution in 2000 by the Southern Baptist Convention.

Over the week end I will post more background on this issue that could become another flash point in U.S. politics of religion.

Report On Future Of Religious Freedom In U.S.

The Report from an October 2005 Conference on "The Future of Religious Freedom In America" sponsored by McCormick Tribune Freedom Museum and the First Amendment Center has been released online. The release announcing the report says that its major recommendations include: updating and widely distributing consensus guidelines on religion in public schools; developing new consensus guidelines on religion in the public square and religious accommodation in the workplace; educating government officials on religious freedom issues; creating a task force on protecting Native American religious practices and traditions; and exploring international religious liberty issues, especially in relation to U.S. foreign policy.

Suit Challenges Mobile Home Park's Prayer Ban

The United States Justice Foundation announced on Wednesday that it had filed a lawsuit against a Warner Springs, California mobile home park to force it to permit residents to use the park’s common areas for prayer meetings. The suit claims that harassment and interference with tenants’ prayer meetings violate the U.S. and California constitutions, and California’s Unruh Civil Rights Act.

Toledo Courthouse 10 Commandments Monument OK'd By Court

On Tuesday, a federal district court in Toledo, Ohio, rejected an ACLU challenge to a 10 Commandments monument on the grounds of the Lucas County courthouse. Finding that the monument had been donated by the Fraternal Order of Eagles to combat juvenile delinquency, the court in ACLU v. Board of Commissioners of Lucas County, Ohio (ND Ohio, April 18, 2006), held that neither the primary purpose nor effect of the display was to endorse religion. In so holding, the court followed the lead of the U.S. Supreme Court last June in its Van Orden v. Perry decision involving a similar monument. Having rejected the federal constitutional claims, the court declined to exercise supplementary jurisdiction over a claim that the display violated the Ohio constitution. It dismissed that portion of the suit without prejudice. Wednesday’s Toledo Blade reported on the decision. [Thanks to How Appealing for posting the full decision.]

Louisiana Sales Tax Exemptions For Religions Held Unconstitutional

In New Orleans Secular Humanist Association, Inc. v. Bridges, 2006 U.S. Dist. LEXIS 20020 (ED La., April 17, 2006), a Louisiana federal district court granted a preliminary injunction, finding that five Louisiana statutes that grant various sales tax exemptions explicitly to religious organizations, and not to others, violate the First Amendment’s Establishment Clause. The court concluded that the statutes have both the purpose and effect of benefiting religion.

Nevada Summit On Faith-Based Grants Organized By Sen. Reid

Last Tuesday, U.S. Democratic Senator Harry Reid convened the Northern Nevada Faith-Based Services Summit in Reno, according to yesterday’s Reno-Gazette Journal. The participants discussed issues such as housing, senior services, drug abuse and gang violence. The event was designed to acquaint religious organizations with federal resources available to them and provide them information on how to apply for faith-based grants. It was also aimed at bringing together religious and secular social service providers and private business. Many of the speakers were skeptical of President Bush’s Faith-Based Initiative. Dr. Bob. Edgar, general secretary of the National Council of Churches of Christ said, "There's been a lot of talk about the faith-based initiative. It is my fear that President Bush thought the faith-based initiative would simply be, 'Lets take all the welfare programs and dump that on the churches and synagogues and mosques.' The faith-based initiative must be based on partnership."

Hastings Christian Legal Society Loses Challenge To Anti-Discrimination Regs

On Monday, the Christian Legal Society at Hastings College of Law, lost its attempt to gain recognition as a student group while excluding non-Christians and those whose sexual activities violate Christian beliefs. (See prior postings 1, 2.) A California federal district court in Christian Legal Society v. Kane, (ND Cal., April 17, 2006), held that the University may apply its anti-discrimination policy and require recognized groups to eschew discrimination on the basis of religion or sexual orientation.

Examining the parties’ dispute over whether the University’s anti-discrimination rules regulate speech or conduct, the court found that they are permissible whichever way they are characterized. Even if it is a regulation of speech, the school has created a limited public forum, so that viewpoint neutral reasonable regulations are permissible. The fact that a policy particularly affects a group with a certain perspective or belief system does not render the policy viewpoint based. Also, the court found that the school was not forcing CLS to admit anyone as a member or officer; it was merely placing a condition on receiving university funding and using campus facilities. The court concluded that the University’s anti-discrimination policy does not violate CLS’s First Amendment rights to speech, association, or free exercise of religion. Nor does it deny CLS equal protection of law. The San Francisco Chronicle reported on the case on Tuesday. [Thanks to Blog from the Capital for the information, and Alliance Alert for posting the opinion.]

Towey, Head of Faith-Based Initiative Office, Resigns

H. James Towey, director of the White House Office of Faith-Based and Community Initiatives has resigned in order to become president of St. Vincent College in Latrobe, Pennsylvania. President Bush issued a statement thanking Towey for his more than 4 years of service. Americans United for Separation of Church and State urged the President to use the occasion of Towey's departure to close the Office of Faith-Based and Community Initiatives.

Police Charged With Violating Religious Rights In Questioning Muslim Girl

The Associated Press today reports that in Davis, California, the family of a 17-year old Muslim girl is suing Davis police for violating the girl's religious values. A male police officer questioned her without another adult being present. The girl was taken for questioning in her pajamas about 9:30 p.m. on June 13, after police suspected her of leaving the scene of a minor auto accident. The suit is continuing even though a judge has now thrown out the misdemeanor hit-and-run accident charge against the girl.

Malaysia Court Accused of Applying Sharia To Non-Muslims

In Kuala Lumpur, Malaysia, a dozen demonstrators protested a court decision last week that upheld a charge of indecency against an ethnic Chinese couple charged with kissing and hugging in a public park. The Washington Times today reports the protesters claimed authorities were applying Sharia legal principles to the non-Muslim Chinese and Indian communities. They said,"This is a manifestation of Islamization of Malaysia without respecting the rights and freedom of the non-Muslims." However, the Federal Court ruled broadly that kissing and hugging were not the norm for any Malaysians or other Asians. It said they were accepted only by Western moral standards.

Comment On Jury Selection In the Gerald Robinson Case-- What About Privacy?

Jury selection in the Fr. Gerald Robinson murder case in Toledo raises an interesting constitutional question: Is there a right to keep one's religious beliefs private? As the Toledo Blade reports today, potential jurors in the high profile case have been quizzed extensively about their religious backgrounds and beliefs. Several have been disqualified from serving either because their beliefs would make it difficult for them to convict a priest, or because they have anti-Catholic views. Admittedly this case-- where a former priest is accused of murdering a nun in a Catholic chapel-- is one where religious beliefs are relevant in assessing jury bias. However, suppose a potential juror objects to disclosing of his or her religious beliefs?

There seems to be surprisingly little precedent on this issue. Back in 1960, the U.S. Supreme Court decided a case that might shed some light on the question. In Shelton v. Tucker, 364 U.S. 479 (1960), the Court, in a 5-4 decision, struck down an Arkansas statute that required public school teachers to list every organization to which they had belonged or regularly contributed during the prior 5 years. The Court held that this requirement chilled teachers' 1st Amendment associational rights. It places pressure on teachers to avoid unpopular or minority organizations. The case as to jurors, however, is closer. The inquiry is more narrowly drawn-- they are not being asked about every organization to which they belong-- and the state interest is very strong. However, it is still troubling to contemplate the individual who is a member of an unpopular religious group being forced into court and quizzed at length on his or her beliefs.

FLDS Church Loses Attempt To Keep Seized Documents Secret

A federal district court in Colorado has rejected an attempt by the Fundamentalist Church of Jesus Christ of Latter Day Saints to obtain a return to it of "religious" documents seized in connection with the prosecution of FLDS leader Warren Jeffs. In United States v. Jeffs , 2006 U.S. Dist. LEXIS 19358 (D. Colo., April 4, 2006), the court also refused to issue a protective order prohibiting public disclosure of the documents. The FLDS Church had argued that their public disclosure would impinge on its free exercise of religion. However, the court characterized this claim as "somewhat inexplicit and wholly unsupported", holding that merely calling the documents "sacred" is not enough to justify a protective order. (See prior related posting.)

Supreme Court Denies Cert. In Church Resistance To Subpoenas

The U.S. Supreme Court yesterday denied certiorari in two cases involving attempts by the Roman Catholic Diocese of Los Angeles to quash grand jury subpoenas for personnel records of two former priests who were being investigated for molesting minors. The cases are Roman Catholic Archbishop v. Superior Court of California (05-1017) and Does 1 and 2 v. Superior Court of California (05-1039), cert. denied, April 17, 2006. According to yesterday's New York Times, the Church had argued that the subpoena "inherently entangles the state in the internal religious life of churches and intrudes into religious practice." The California Court of Appeal, in a lengthy opinion, had upheld the subpoena. (See prior posting.) Today's Los Angeles Times also covers the case.

Author Reviews Presidents' Uses Of Public Religion

An interesting column by Jon Meacham, titled U.S. Benefits From Public Religion, is published in today's Detroit Free Press. It reviews both the sincere and the cynical use of religion and public prayer by past U.S. presidents, saying, "Cynics may dismiss prayer breakfasts and public piety as political, but the language of faith has been a perennial force at the highest levels." Meacham, is the author of "American Gospel: God, the Founding Fathers, and the Making of a Nation".

New Appointees To U.S. Holocaust Memorial Council

The White House announced yesterday that the President intends to appoint nine individuals to fill vacancies on the U.S. Holocaust Memorial Council. The Council has 65 members, 55 of whom are appointed by the President. All of the present appointments are for the remainder of five-year terms expiring January 15, 2011. Among the appointees are Nobel laureate Elie Wiesel and television personality Rebbetzin Esther Jungreis. The other appointees are: Debra Abrams of Florida; Norma Lerner of Ohio; Marvin A. Pomerantz of Iowa; Alan Neil Rechtshaffen of New York; J. Philip Rosen of New York; Bradley David Wine of Maryland; and Judith Yudof of Texas.

Recent Law Review Articles

Recently published articles from SmartCILP:

Nathan J. Brown & Clark B. Lombardi, The Supreme Constitutional Court of Egypt on Islamic Law, Veiling and Civil Rights: An Annotated Translation of Supreme Constitutional Court of Egypt Case No. 8 of Judicial Year 17 (May 18, 1996), 21 American University International Law Review 437-460 (2006).

Symposium: Law and Religion, 82 University of Detroit Mercy Law Review 509-686 (2005):

Hazard, Geoffrey C., Jr., McElroy Lecture. Law, Ethics and Mystery.
Baker, Anthony V., "through a glass darkly ...": Christianity, Law and Capital Execution In Twenty-First Century America.
Hartigan, Emily Albrink., Law Fragments.
Litman, Donna, Jewish Law: Deciphering the Code By Global Process and Analogy.
Richards, Peter Judson, Property and Epikeia: Theory, Life and Practice in the Western Christian Tradition.
Young, Stephen B., The Moral Basis of American Law: An Hypothesis.

Professor Says 1st Amendment Protects Political Preaching

Notre Dame Law Professor Rick Garnett has an interesting op-ed column this morning in USA Today. Titled Campaigning From the Pulpit: Why Not?, Garnett says that the First Amendment protects "political preaching and faith-filled activism". He concludes: "Of course, there are good reasons — religious reasons — for clergy to be cautious and prudent when addressing campaigns, issues and candidates.... A hasty endorsement, or a clumsy or uncharitable political charge, has no place in a house of worship or during a time of prayer — not because religion does not speak to politics, but because it is about more, and is more important, than politics."

Detroit Challenged Under Establishment Clause On Super Bowl Clean-Up Grants

Today's Detroit News reports that a resident of Detroit and American Atheists, Inc. are suing the city and Detroit's Downtown Development Authority, demanding that they seek repayment of grants given to two downtown churches so they could fix up their building exteriors and parking areas as the city hosted this year's Super Bowl. The federal court suit seeks recovery of $690,000 given to Central United Methodist Church and Second Baptist Church as part of the Lower Woodward Facade Improvement Program. The complaint alleges that the grants violated the Establishment Clause of the U.S. Constitution, and Article 1, Sec. 4 of the Michigan Constitution that prohibits use of public funds for the benefit of any religious sect or society.

Today Religion Clause Blog Is 1 Year Old !

Today-- April 17-- is the first birthday of Religion Clause blog. Thanks to all who have been loyal readers. Here are two things that you can do to help celebrate:

(1) post a Comment, or send me an e-mail, with your thoughts on the blog; tell me how regularly you read it; and let me know what would lead you to read it more regularly;

(2) recommend the blog to others who you think might be interested in it; link to it on your site if you have not already done so.

Litigant's Free Exercise Claim Against State Judges Is Moot

In Donkers v. Simon, (6th Cir., April 6, 2006), the U.S. 6th Circuit Court of Appeals dismissed a challenge by a state court litigant in Michigan who claimed that her free exercise rights were infringed when a state court judge insisted that she rise when he entered and exited the court room. Plaintiff Catherine Donkers claimed that rising for the judge violated her sincerely-held religious beliefs. As a result of Donker's suit in federal court raising this claim and seeking a declaratory judgment and injunction against the state judges, all the judges in the state judicial district disqualified themselves and her case was reassigned to a neighboring county. The 6th Circuit held that this mooted her claim for injunctive and declaratory relief.

Poll: Even Split On Propriety of Teaching Bible In Public Schools

Taking a poll on what the Constitution means is not a very useful interpretive technique. Nevertheless, a CBS poll released Sunday did just that. It asked whether teaching the Bible in public school violates church-state separation. Respondents were evenly split: 46%, yes; and 46%, no.

More Prisoner Free Exercise Claims Decided

In Howard v. Wilson, (5th Cir. April 11, 2006), the 5th Circuit Court of Appeals affirmed a Mississippi federal district court's dismissal of a prisoner's free exercise challenge to the refusal of state prison officials to recognize the prisoner's adoption of a Muslim name. The appeal was dismissed as frivolous.

In Mark v. Off, (WD Wis., March 31, 2006), a Wisconsin federal district court rejected a former state prison inmate's free exercise claims brought under the First Amendment and RLUIPA. Mark Off variously claimed he was a Wiccan, a pagan, and a ritual magician. He brought suit challenging prison officials' removal of his "magic seals" from his cell walls and door.

In Keesh v. Smith, 2006 U.S. Dist. LEXIS 18834 (ND NY, March 2, 2006), a New York federal district court refused to issue a preliminary injunction to require New York correctional authorities to accommodate two prisoners' requests to practice the religion of "Tulukeesh". One of the prisoners identifies himself as the "Savior and Teacher" of Tulukeesh and says its tenets and practices are set out in the book "Holy Blackness," which he authored.

In Andreola v. Wisconsin, 2006 U.S. Dist. LEXIS 19123 (ED Wis., April 4, 2006), a lawsuit that has already been up to the 7th Circuit once, a Wisconsin federal district judge issued orders clarifying the remaining issues in a prisoner's lawsuit seeking greater accommodation of his request for kosher food than Wisconsin authorities are willing to grant. The court rejected plaintiff's claim under the First Amendment, but found that a claim under the higher standard of RLUIPA remains.

Ohio's Leading Democratic Candidate For Governor Has Strong Religious Roots

The religiosity of the candidates is apparently an important issue in Ohio's gubernatorial race this year. Dueling Republican candidates Kenneth Blackwell and Jim Petro have been touting their Christian credentials for months. Now leading Democratic candidate Ted Strickland apparently wants to make certain that the voters know that he is just as committed. An article on Strickland in today's Toledo Blade prominently includes a profile of Strickland's religious credentials, beginning with his experiences at a church summer camp as a 12-year old.

In India, Arrest For Preaching Christianity On Easter

DNA India reports that in Bhopal, police arrested two women on Easter Sunday for preaching Christianity without first getting permission from authorities. According to the chief of police of Jabalpur District in Madha Pradesh, "The women were distributing pamphlets telling people how they may overcome their problems by following the Bible."

White House Sends Easter Greetings

A White House release on Thursday (full text) conveyed Easter greetings from President and Mrs. Bush to those observing the holiday. It said in part:

Christ's extraordinary sacrifice and compassion continue to inspire people around the world. His promise of new life gives hope and confidence to His followers. His service and love for His neighbors offer a profound lesson for all people.

During this Easter season, we celebrate God's gifts of freedom and justice. We pray for peace and ask for God's blessings on the brave men and women who wear our Nation's uniform and their families.

Priest's Trial For Bizarre Murder Begins Monday In Toledo

There is a reason that my home town is know as "Holy Toledo!" On Monday in Toledo, Ohio Common Pleas Court, jury selection begins in one of the most bizarre murder cases imaginable. Catholic priest Gerald Robinson is being tried for the murder of a 71-year old nun that took place 26 years ago. In 1980, on the day before Easter, a nun was strangled, then stabbed between 27 and 32 times in the chest and neck in the sacristy next door to the chapel in a local Catholic hospital. Her undergarments had been pulled down over her ankle. The victim, Sister Margaret Ann Pahl, had gone to prepare the chapel for Holy Saturday Mass.

In Saturday's Toledo Blade, religion editor David Yonke does an excellent job of chronicling the background of what may have been a ritualistic murder carried out by a Satanic cult to which Father Robinson belonged. Robinson could be tried by the Church under canon law as well-- though experts think this is unlikely.

Finally, in a tip for locals who are used to immensely convenient parking, the Blade informs readers that there will be a loss of some of the on-street meter parking around the courthouse during the trial as the space is taken up by television satellite trucks, including Court TV that plans gavel to gavel coverage.

Suit Challenges Prayer At School's Teachers Meetings

In Pocola, Oklahoma, a lawsuit has been filed against the superintendent and school board members by Frank Makinson, the school district’s federal program coordinator. The Fort Smith, Arkansas Times-Record reported Friday that the suit challenges the practice of opening the schools' annual teacher and staff meeting with a prayer, led by the high school principal who is also a Baptist minister. Makinson says that his challenge to prayers has led to his being ridiculed and accused of being a Communist. His lawsuit also challenges the opening of school board meetings with an invocation that Makinson says is sectarian.

Rally In Conn. To Oppose Church-State Separation Draws Unwanted Support

Minutemen United, an Ohio-based Christian group, is planning to hold a rally on Tuesday in Danbury, Connecticut, according to last Thursday’s Danbury News-Times. The rally will call for an end to the separation of church and state. Its location was chosen because Thomas Jefferson’s famous reference to “a wall of separation between church and state” is found in his 1802 letter to the Danbury Baptist Association. After a neo-Nazi group, the Grey Wolves, said they would attend the rally, Danbury officials revoked Minutemen United’s permit to hold the rally on Danbury Green and asked them to find private property for the gathering so they can control who attends. Minutemen United says they are opposed to any association with the white supremacist group, according to a second story in the News-Times.

7th Circuit Says Notre Dame Might Need To Repay Government Funds

On Thursday, in a decision written by Judge Richard Posner, the Seventh Circuit Court of Appeals in a 2-1 decision reversed the lower court's dismissal of a taxpayers' Establishment Clause challenge to federal funding of a Catholic teacher training program. The case is Laskowski v. Spellings (7th Cir., April 13, 2006). While the court agreed with the lower court that plaintiffs' petition for an injunction was moot since all the appropriated funds had been spent, it held that there was still the possibility that the court could order the recipient of the funding, Notre Dame University, to repay the funds it received to the federal Treasury if it turns out that the Department of Education unconstitutionally transferred tax money to Notre Dame. Judge Diane Sykes dissented arguing that the plaintiffs never asked for the restitutionary relief that the majority says is possible, and such relief is inconsistent with the cases on taxpayer standing which have never recognized a private party's right to seek repayment to the Treasury as a remedy in Establishment Clause cases. The Chicago Sun Times and the Ft. Wayne News-Sentinel covered the decision.

New Illinois Law Protects Condo Owners' Right To Put Up Mezuzahs

Illinois Governor Rod R. Blagojevich today signed legislation that was designed to guarantee condominium owners the right to observe their religion at home, specifically including the display of objects on their front door. (Press release.) The legislation, S.2165 was prompted by several cases where Chicago co-op boards passed rules banning the display of religious symbols in hallways-- including barring Jewish residents from placing mezuzahs on their doorposts. The bill passed unanimously in both the state House and the Senate. It becomes effective January 1, 2007.

President Extends Passover Greetings

President George W. Bush yesterday issued a statement (full text) extending Passover greetings to all those observing the holiday. The 8-day long Jewish festival begins at sundown tonight. Beginning his statement with a quotation from the Biblical book of Exodus, the President concluded with this wish:

During this celebration of faith and hope, we are reminded that freedom is the Almighty's gift to every man, woman, and child. We pray for a more peaceful and hopeful world where the blessings of liberty are bestowed upon all mankind.

Church Refuses Social Services To Transsexual

A new sort of conflict between non-discrimination rules and faith-based social services has arisen in St. Francis, Minnesota. UPI reported yesterday that the Missouri Synod Trinity Lutheran Church will no longer take clients from Anoka County, Minn. The church refused to serve day-care lunch to a transsexual-- now a woman who had undergone a sex change from her prior identity as a man. The church said the gender change violates its religious beliefs.

Navajo Family's Claim Regarding Autopsy and Cremation Dismissed

The Associated Press reports that a New Mexico federal district court on April 4 dismissed the remaining state free exercise of religion claims in a suit by a Navajo family who accused the state Office of the Medical Investigator of violating tribal religious traditions when it performed an autopsy and then erroneously cremated the body of Abel Taylor. An earlier opinion in the case, Taylor v. Zumwalt, upheld plaintiffs' standing under New Mexico's RFRA statute.

South Carolina Considering Religious Release Time Law

The Charlotte Observer today reports that the state Senate is about to consider a bill that would authorize high schools to provide "release time" for students to attend religious courses. Even without the legislation, 71 schools in South Carolina already offer such programs-- all so far run by Protestant organizations.

Two New Scholarly Articles Online

Here are two new articles recently posted on Bepress:

Jeffrey H. Goldfien, Thou Shalt Love Thy Neighbor: RLUIPA and the Mediation of Religious Land Use Disputes (April 1, 2006).

Maxim Grinberg, Combating Defamation of Religion v. Freedom of Speech: Finding the Balance in a Democratic Society (March 25, 2006).

Serbian Orthodox Face Problems In Macedonia

The Christian Science Monitor yesterday reported on the severe problems faced by the the Serbian Orthodox Church in Macedonia. Its followers meet in secrecy in Skopje. The Macedonian chapter of the Helsinki Committee for Human Rights filed a complaint with the European Court of Human Rights last month after Macedonia's highest court upheld a law barring the Serbian Orthodox Church from functioning in Macedonia. The dispute centers around controversial Archbishop Jovan Vraniskovski who broke with the Macedonian Orthodox Church in July 2002. He has previously been jailed for his religious activities, but is also charged with financial misconduct from 2001 and 2002 when he was still affiliated with the Macedonian Orthodox Church. (See prior related posting.)