Suit Against Air Force Academy Dismissed Without Reaching Merits

A New Mexico federal district court yesterday dismissed a suit by several recent Air Force Academy graduates, the father of a currently enrolled cadet, and an Air Force recruiter. The suit, originally filed by Academy alum Mikey Weinstein, claims that the Air Force Academy has a policy of evangelizing and proselytizing cadets, that the the Air Force's Interim Guidelines on Free Exercise of Religion were unconstitutional and that recruiters are both subject to religious proselytization and proselytize recruits. (See prior postings 1, 2 .)

In Weinstein v. United States Air Force, (D NM, Oct. 27, 2006) the court found that some of the plaintiffs lack standing because they have graduated from the Academy. As to others, they "do not allege ... that there is 'a real and immediate threat' that they will have 'personal contact' with the alleged Establishment Clause violations...." The Air Force recruiter's claims were barred on several grounds, including statute of limitations, failure to exhaust administrative remedies and the speculative nature of future injuries. Plaintiffs' attempt to obtain a declaratory judgment on the constitutionality of the Air Force Guidelines was dismissed because of delay in seeking to add the claim.

Claims against the Secretary of the Air Force were dismissed without prejudice. The court suggested that any future suit raising the same claims probably should be filed in federal court in Colorado, Virginia, or Washington, D.C. instead of New Mexico. The Air Force Times covers the story.

Court Denies Enlisted Doctor Conscientious Objector Status

Earlier this month, a Boston anesthesiologist successfully claimed conscientious objector status and avoided being ordered to active military duty. A Massachusetts court decided she should be discharged, with her agreeing to repay, with interest, the money the government spent on her medical education. Now it turns out that her attorney, within days, also sued on behalf of two other anesthesiologists who are seeking conscientious objector status allegedly developed after their enlistments. Yesterday's Detroit News reports that Detroit federal judge Avern Cohn has sided with the army and rejected the CO application of one of them, Dr. Ryan Hae Kwon, a Christian who was born in South Korea and who moved to Hawaii as a child. Major David M. Wilson, who investigated Kwon's claim for the Army, said Kwon developed sincere beliefs against war over the course of a year after seeing accounts and photos of events in Iraq. The army, however, said that it is short on anesthesiologists.

Amish Couple Challenge USCIS Photo Requirement

Immigration rules of the U.S. Citizenship and Immigration Services require that applicants for permanent residency in the United States file, as part of their paper work, two photos. In Pittsburgh, according to an Associated Press report published today, an Amish couple has filed suit challenging the requirement on religious grounds. Old Order Amish interpret the Biblical commandment against making "graven images" as prohibiting photos. The government, because of increased terrorism concerns, has ended its past practice of waiving the photo requirement for religious objectors. However, the couple's attorney is asking for a waiver so the husband, who is a Canadian citizen, can remain in the U.S. and eventually apply for U.S. citizenship. The couple has filed the lawsuit anonymously because they could be excommunicated from their Amish community for violating its principles of non-resistance if the community learned of the suit.

Danish Court Dismisses Defamation Suit Against Jyllands Posten For Cartoons

Yesterday in Aarhus, Denmark, the City Court dismissed a defamation suit that had been brought by seven Danish Muslim groups against the Jyllands-Posten for publishing now-infamous caricatures of the Prophet Muhammud last year. Yesterday's London Times says that the Danish court found that while the cartoons may have been offensive to some Muslims, there was no evidence that the paper had intended to insult the Prophet or mock the Islamic religion. When it published the cartoons, the Jyllands-Posten said its purpose was to challenge perceived self-censorship among artists who were afraid to offend Islam.

The court's dismissal of the defamation action immediately generated criticism in the Middle East (International Herald Tribune) and Pakistan (Examiner).

Muslim Taxi Drivers At Minneapolis Airport In Inter-Communal Fight

Last month, the media reported widely on steps being taken at Minneapolis-St. Paul International Airport to provide for Somali Muslim cab drivers to avoid picking up passengers who are carrying alcohol. (See prior posting.) Yesterday's Minneapolis Star Tribune carried a fascinating article suggesting that the matter is even more complex that it first appeared. Apparently neither Somali culture nor religious tradition bans carrying alcohol for people as part of a commercial enterprise. Instead, it appears that the initiative to focus on the taxi issue originated in a fatwa issued in June by the Minnesota chapter of the Muslim American Society (MAS). That group however is made up of Arab Muslims, not African Muslims. So this is apparently part of a struggle within the Islamic community in Minnesota in which the MAS is attempting to use the more vulnerable Somali community to rally support for its Middle East agenda.

Religious Remarks To Jewish Audience At Candidate Forum Backfire

In Arizona, attempts by a spokesman for Baptist Congressman J.D. Hayworth to appeal to the religious beliefs of voters has backfired, according to an article in this week's Forward. Jewish religious law generally permits abortion to protect the life or health of the mother. The National Council of Jewish Women (NCJS), supports abortion rights more broadly. Jonathan Tratt, a Jewish spokesman for Hayworth appearing at a candidates' forum sponsored by the Arizona Section of NCJS, defended Hayworth's anti-abortion stance by arguing that the Baptist congressman was “a more observant Jew” than the audience members. This led to a walk-out by many of those present.

Any Problem With Polling Places In Churches?

An article in yesterday's Salem, Virginia Times-Register raises the question of whether locating polling places in churches creates any Establishment Clause issue. It says that in past years, a number of churches objected to being used as voting locations out of concern about government intrusion into religion.

Israeli Government Sued By Individuals Required To Go Abroad For Marriage

Israelis attempting to effect a change in their country's law to permit civil marriages have devised a new tactic. The Association for Rights of Mixed Families (ARMF) has filed suit in Haifa's Magistrate's Court on behalf of two couples who had to travel abroad to marry. Where a Jew is marrying an individual who is not Jewish under halacha (Jewish law), or where the individuals marrying have no religion, there is no way for them to celebrate a wedding in Israel. Today's edition of Haaretz reports that the plaintiffs in the lawsuits are seeking damages for their wedding costs, and for humiliation and discrimination caused by the state's negligence in failing to provide a way for them to marry inside Israel. ARMF plans to file 10 to 15 similar suits, and hopes that they will be consolidated for a single hearing.

Florida Supreme Court Avoids Decision In Wiccan Challenge To Sales Tax Exemption

Yesterday the Florida Supreme Court issued an opinion avoiding a definitive decision in a case challenging the state's sales tax exemption for religious publications and various ceremonial objects. A Wiccan group had challenged the constitutionality of the exemption. (See prior posting.) The Florida Supreme Court had agreed to review the appellate court's dismissal of the suit on standing grounds, assuming that it was in conflict with other Florida cases on taxpayer standing. However in Wiccan Religious Cooperative of Florida v. Zingale, (FL Sup. Ct., Oct. 26, 2006), after oral argument, the Supreme Court concluded that the court of appeals' dismissal of the suit did not actually involve taxpayer standing, but instead was based on the conclusion that the Wiccan group had itself benefited from the exemption it was challenging. The Supreme Court was then required to dismiss the appeal since its only basis for review was Florida Rules of Appellate Procedure, Rule 9.030(a)(2)(A)(iv), that permits a discretionary appeal when a court of appeals decision directly conflicts with a decision on the same question of law by another court of appeal or the supreme court. Yesterday's Bradenton (FL) Herald reported on the decision.

Wisconsin City Opens Square For December Religious Displays

Racine, Wisconsin's city council last week decided to deal with Christmas by opening the town square for a coalition of churches to put up a nativity scene, and similarly allowing other religious groups to erect their displays during the same 4-week period around Christmas. Yesterday's Racine Journal Times reported that the 14-1 city council vote (that must be repeated next month because of a noticing error) repudiates attempts by a local man to get the city itself to put up a creche.

Court Approves New Trust Terms To Privatize FLDS Property

The Salt Lake City (UT) Deseret News reports that in a long-awaited move, a Utah judge on Wednesday signed an order reforming the terms of the UEP Trust that was set up by Warren Jeffs, former leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, to hold the property on which his church members-- many of them in polygamous relationships-- lived. The court's plan will ultimately privatize property in Hildale, Colorado City, and Bountiful, British Columbia, and will create "spendthrift" trusts to temporarily place UEP's assets under the control of a trustee. To avoid involving the new trust in illegal activity, it will not inquire whether anyone living on UEP land is practicing polygamy. Authorities fear, however, that FLDS members will resist the changes as their former leader Warren Jeffs has urged. (See prior related posting.)

Florida Appeals Court Again Orders Release of Convicted Midwives

Last week a Florida trial judge essentially defied the ruling of a state court of appeals and refused to release on bond two women who had been convicted of acting as midwives without a license. The court of appeals had held that the women had a reasonable religious freedom defense, and so were entitled to bond pending appeal. (See prior posting.) Yesterday in McGlade v. State of Florida, (FL Ct. App., Oct. 25, 2006), the court of appeals again held that the women were entitled to be released on bond and appointed a different judge as the court of appeals' commissioner to recommend appropriate conditions for the post-trial release of the women. Today's Sarasota (FL) Herald Tribune reports on the court's decision.

Mississippi: Differential Penalties Create No Establishment Problem

In Dimaio v. State of Mississippi, (MS Ct. App., Oct. 24, 2006), a Mississippi court of appeals this week found no Establishment Clause problem with state statutes that set the penalty for burglary of a place of worship at twice the length of the penalty for other burglaries. The court said: "The fact that the statutes in question provide harsher penalties for crimes committed in places of worship does not amount to government endorsement of religion. Rather the harsher penalties reflect a common view that crimes committed in places of worship are more repugnant to the community. Accordingly, we find it unnecessary to conduct a full Lemon test analysis, since it is clear from the face of the statutes that they do not represent government endorsement of religion."

Governments Focus On Jewish Divorce Issue

Should government assist Orthodox Jewish women whose husbands have refused to grant them a religious divorce ("get")? Known as an "agunah", a woman who has not received a get from her husband is precluded from remarrying under Jewish law. In Canada, the Supreme Court has agreed to hear an appeal in a case of a woman seeking damages from her husband for withholding a get. Before they married, Jessel (Jason) Marcovitz of Montreal signed an agreement that if a civil divorce was granted in his marriage to Stephanie Bruker, he would appear before a rabbinic court to grant his wife a get. When Jessel refused for 15 years to carry out this agreement, Stephanie sued in civil court. The trial court awarded Stephanie $47,500 in damages for breach of contract. However in September 2005, a Quebec appellate court held that civil courts could not enforce a contract that requires an individual to engage in a religious act. (See prior posting.) Today's Canadian Jewish News reports that the Canadian Civil Liberties Association is intervening in the appeal to the Supreme Court because of the importance of the case in deciding how religious practices and obligations are treated by the courts.

Meanwhile, in Israel a committee of the Knesset has created an advisory committee that will focus on the plight of the agunah. Arutz Sheva reported yesterday that the parliamentary Committee for the Advancement of Women has created the committee to consult with the Chief Rabbinate, rabbinical courts, advocacy organizations and Knesset members.

Accommodating Muslims Seen By Some As Anti-Christian

At various places around the United States, arguments are beginning to surface that attempts to accommodate Muslims in fact amount to anti-Christian discrimination. Cincinnati, Ohio's WCPO yesterday reported that some Mason, Ohio residents complained that Mason High School was discriminating against Christian students when it made noon-time office space available to two Muslim students during Ramadan so that they could avoid being in the cafeteria while they were fasting. A Mason school board member argued that this was part of a pattern of forcing Christianity out of the school hallways. Other examples she cited were the renaming of "Easter Break" as "Spring Break"and the banning of nativity scenes on school property.

Meanwhile, the Thomas More Law Center objected to sensitivity training regarding Ramadan given to U.S. military personnel in Iraq. Agape Press yesterday reported that Edward L. White III, trial counsel for the Center, says that the courts, the schools, and even the military are favoring religions that do not represent the values and traditions of America.

Polygamy In Canada and U.S.-- New Perspectives

Canada's Department of Justice has recently issued a report titled Polygyny and Canada's Obligations under International Human Rights Law. [Note: "Polygyny" is the correct technical term when referring only to men taking multiple wives. The more common term "polygamy" encompasses both polygyny and polyandry.] Described in the Oct. 25 issue of Today's Family News, the report, written by University of Toronto law professor Rebecca Cook, contends that Canada is violating international human rights law by failing to enforce its legal prohibitions on polygyny. In particular, various human rights treaties to which Canada is a party prohibit discrimination of any kind against women. Responding to the argument that the prohibition of polygamy would violate the protection of religious freedom found in Canada's Charter of Rights and Freedoms, the report noted the distinction between regulating beliefs and regulating religious practices: "While Canada is not entitled under international law to restrict religious belief, it is entitled and in fact obliged in some circumstances to restrict religious practices that undermine the rights and freedoms of others."

Meanwhile in Utah, Communities In Harmony-- an organization of groups that practice polygamy-- has sent out questionnaires to candidates running for political office in Utah seeking their views on polygamy. The organization then rated the candidates for Congress, the Utah Legislature, the judiciary and Salt Lake County district attorney as either "open minded" or "negative". A report by the Associated Press yesterday says many candidates failed to respond to the poll. Wednesday's Salt Lake Tribune also has a story on the poll, and has linked to the Voter Guide online.

Idaho City Will Vote On 10 Commandments Display

In the upcoming November 7 election in Boise, Idaho, voters will be asked to cast ballots on a referendum to approve building a new Ten Commandments monument in the city's Julia Davis Park. KBCI2 TV News yesterday reported that the Interfaith Alliance of Idaho, made up of local leaders from Islamic, Buddhist and several Christian denominations, gathered on the steps of city hall to announce their opposition to the new monument. For some of them, the concern was that the move would open the park for other monuments as well. Others articulated religious arguments against placing the monument on public property.

Prince Charles Wants Second Interdenominational Coronation

According to a report yesterday from This Is London, Britain's Prince Charles wants to make changes in the traditional coronation ceremony when he becomes king. Some time after the formal Christian coronation ceremony in Westminster Abbey, Charles wants a separate interdenominational ceremony in Westminster Hall to acknowledge Britains of other religious faiths. This is consistent with a proposal made some month ago by Lord Carey, the former Archbishop of Cantebury. Prince Charles also rejects the precedent created at his mother's Coronation when television cameras were required to withdraw during certain sacred parts of the Coronation ceremony.

Conflict of Interest Charges In Wake of Christian Band Dispute

An article in this morning's Toledo (OH) Blade reviews the complex aftermath of what began as a straight-forward church-state dispute over the appearance of a Christian rock band at a Rossford, Ohio high school assembly. After Rossford school administrators cancelled the band's performance, fearing church-state problems, the band unsuccessfully sued in federal district court alleging religious discrimination. An appeal to the 6th Circuit is pending, but a divided Rossford school board voted not to spend money to defend its position in the appeal. School Superintendent Luci Gernot, however, opposes entering any settlement with the band, known as Pawn.

Whatever the outcome of the litigation, all of the publicity has been good for the band. It is getting more gigs and charging more for each appearance. Meanwhile the controversy has led to charges of conflict of interest among school board members. The father of band member Kyle Kleeberger-- who was also until recently the band's unpaid manager-- is on the Rossford school board. Kyle did not join in the band's lawsuit, but his father, David, has continued to vote on issues concerning the band. Michael Spahr was a member of the school board until recently. His son had been a member of Pawn until 2003. Meanwhile, the secular band that was picked to replace Pawn at the school assembly was Blind Ambition-- a group led by Kevin McAlear, whose father Mike managed the band and was also a member of the Rossford school board.

Richard Hotz, a former Rossford school board member, said: "The matter was never a religious issue to begin with - it was more about David Kleeberger wanting his son's band to get exposure." Kleeberger denied this, saying his goal was to "open religious thought" to the school.

Rally Supports Tennessee School's Religious Activities

In Mt. Juliet, Tennessee, 800 people turned up yesterday for a prayer rally to support Lakeview Elementary School and the Wilson County School District. The school is defending a suit brought by the ACLU challenging religious activities such as the "Praying Parents" group that meets in the school cafeteria during school hours and drops off fliers in classrooms to let children know the group has prayed for them. (See prior posting.) The Tennessean reports that yesterday's rally caused a 2.5 mile traffic jam. Today's Tennessean interviewed Stephan and Susan Scappaticci, parents who attended the rally. Stephan said: "we're very pleased that our children are in a school with a largely Christian staff and Christian parents who are praying." And Susan added: "We don't feel they have done anything to indicate that they're Christian other than showing kindness and things that anybody could promote, things that make the world a better place and that has a better place to have a positive effect on our children."

"Eruv" Project Faces Environmental Concerns

The California Coastal Commission finds itself in the middle of an unusual conflict between Orthodox Jews and environmentalists, according to an AP story carried yesterday by the San Diego Union-Tribune. Families that attend an Orthodox synagogue on Venice Beach's boardwalk are seeking permission to build an eruv, a symbolic enclosure that would permit them under Jewish law to carry objects and push strollers and wheel chairs to synagogue on the Sabbath when various activities otherwise are prohibited. The $20,000 project would entail stringing 200-pound test fishing line along four miles of beach front between lamp posts and steel poles above 19 welcome-to-the-beach signs. A major problem, however, is that the line would run near a nesting area for dozens of endangered California least terns. Proponents suggest hanging reflective streamers on the string in this area so the birds will not run into it.

Mark Massara, director of the Sierra Club's California Coastal Program, criticizes the proposal that he says allows public property to be used for religious purposes. Coastal Commission staff is considering approval of the eruv for a three-year trial period.

Court Invalidates Canada's Definition of Terrorism

Yesterday, an Ontario Superior Court of Justice decision struck down a key provision in Canada's anti-terrorism law. In Queen v. Khawaja, (Ont. Super. Ct. Justice, Oct. 24, 2006), Justice Rutherford held that the law's definition of "terrorist activity" violates Sec. 2 of Canada's Charter of Rights and Freedoms that protects freedom of religion, thought, belief, opinion, expression and association. The provision at issue, Sec. 83.01(1)(b)(i)(A) of Canada's Criminal Code limits prohibited conduct to activity that is undertaken "in whole or in part for a political, religious or ideological objective or cause". The court said that this definition will focus investigative and prosecutorial scrutiny on political, religious and ideological beliefs and will have a chilling effect on the exercise of protected rights. Relying on writings by academics, the court said that this definition will lead to "the shadow of suspicion and anger falling over" those connected with groups identified with particular terrorist acts.

The court pointed out that one of the purposes of the clause in question was to limit the range of activities that would otherwise be covered by the act. However, the court said, this justification is outweighed by the freedoms-infringing impact of the provision. The court held that the act should be applied as if this clause did not exist. The Toronto Globe & Mail, covering the decision yesterday, pointed out that it will likely make it easier to obtain convictions under the act. Yesterday's New York Times article on the case quotes Lawrence Greenspon, lawyer for defendant Mohammed Momin Khawaja, a Canadian-born software developer who was charged in connection with a bomb plot, as saying that the definition of terrorism as a politically or religiously motivated crime has led to abuses by police and intelligence officers. He added, "That's why they're knocking on Muslim Canadians' doors and questioning and detaining people who are Arab or followers of Islam."

Newdow's Libel Suit Survives SLAPP Motion

Yesterday in Newdow v. Miles, (CA Ct. App., Oct. 24, 2006), a California appellate court rejected a motion to dismiss a libel action filed by Michael Newdow against Austin Miles, an"interdenominational chaplain", growing out of statements made by Miles in an Internet posting. Miles claimed that Newdow committed perjury in Newdow's lawsuit challenging the constitutionality of the phrase "under God" in the pledge of allegiance. Newdow says that the testimony attributed to him was fabricated by Miles. Miles moved to dismiss the lawsuit under California' SLAPP law that is designed to prevent using defamation actions to silence speech on controversial public issues. The court found that Newdow had made a sufficient prima facie showing of facts that support his claim to avoid dismissal under the statute. [Thanks to How Appealing for the lead.]

Intelligent Design An Issue In Iowa Lt. Governor Race

In Iowa, the teaching of Intelligent Design in public school science courses has become an issue in the race for Lieutenant Governor. Today's Des Moines Register reports that Republican Lt. Gov. candidate Bob Vander Plaats has publicly supported the teaching of intelligent design along with evolution in public schools. 35 faculty, students and others from several Iowa universities have signed a letter sent to the media opposing Vander Platts' position. Drafted by Hector Avalos, a religion professor at Iowa State University, the letter says: "we see intelligent design as a faith-based claim that is being misrepresented as a scientific one."

Nuns Risk More Jail For Refusing To Pay Restitution To Air Force

In Denver, Colorado, a federal judge has rejected a proposal by three nuns that they be excused from paying restitution to the U.S. Air Force for damage they caused in a demonstration against U.S. nuclear policy. According to this week's Denver Post, Sisters Ardeth Platte, Carol Gilbert and Jackie Hudson, who have already served substantial prison time for obstructing national defense and damaging government property, seek to engage in community service work instead of paying $3,082 for the damage they caused in cutting through a chain link fence at a missile silo. The nuns object on conscientious grounds to paying any money to the military because of the uses the military would make of the funds. That refusal may mean they are returned to jail. [Thanks to How Appealing for the lead.]

Intelligent Design An Issue In Ohio School Board Races

This morning's Toledo Blade covers the somewhat differing views on the teaching of intelligent design held by the four candidates running in a non-partisan contest for a vacant north-central Ohio seat on the State Board of Education. John Bender (a registered Democrat) believes that intelligent design has no place in science classes. He is supported by outgoing term-limited board member Martha Wise. Candidate Roland Hansen, an independent, favors alternatives to evolution being taught in optional courses. Candidate Ken Ault says he is undecided on the issue. And candidate Kathleen McGervey, a registered Republican and former parish religious school teacher, says: "The scientific facts that support evolution should be taught and the scientific facts that call it into question should be taught and it should be done in science [classes] because they are scientific arguments."

Five of the eleven elected seats on the 19-member board are being decided in next month's election, and intelligent design is an issue in other districts as well. (See prior posting.) Intelligent design has been hotly debated in recent years by the state board.

Dispute At U of Tennessee On Student Funds For Christian Band

At the University of Tennessee at Martin, a controversy has erupted over the use of Student Activities Council (SAC) funds to sponsor last night's concert by the Christian band Sonicflood. Today's issue of The Pacer reports that the band was brought to campus after student government president James Orr encouraged the campus ministries to request SAC sponsorship of the program. Adam Francis, a senior philosophy major, questioned the constitutionality of using $10,000 of student funds for the concert by starting a group on the social networking website Facebook captioned "Why is UTM using my money to book a Christian band?"

RLUIPA Dispute Brewing Over Expansion of California Synagogue

Yesterday's San Francisco Chronicle reported on a threatened lawsuit under RLUIPA in a dispute over the expansion of the sole synagogue in wealthy Marin County, California. In May, the Town of Tiburon Planning Commission denied congregation Kol Shofar's application for a conditional use permit. (Minutes of May 10 and May 31 Commission meetings.) An appeal to the Town Council followed, and a decision is expected on Nov. 15. The building expansion, which may cost up to $15 million, is opposed by neighbors who claim it will increase traffic and noise and provides inadequate parking. [Thanks to both Eric Rassbach and Steven H. Sholk for sending information on this.]

UPDATE: Wednesday's San Francisco Chronicle reports on the hearing held Tuesday night by the Tiburon Town Council to discuss the Planning Commission's recommendation. The hearing pitted two high profile First Amendment lawyers against each other. Derek Gaubatz, director of litigation for the Becket Fund represented Congregation Kol Shofar, while law professor Marci Hamilton represented the synagogue's neighbors who are objecting to its expansion plans.

President's Statement On Eid al-Fitr

Yesterday the White House released a statement by President Bush extending best wishes to Muslims in the United States and around the world who are celebrating Eid al-Fitr, the end of Ramadan. The White House website has a page devoted to Ramadan, which also contains links to the President's statement on the beginning of Ramadan and his statement at an Iftaar dinner at the White House on Oct. 16.

New Civil Marriage Bill Proposed In Israel

Israel's government plans to introduce into the Knesset a limited civil marriage bill according to reports yesterday by the Jerusalem Post and Y-Net News. The bill, drafted by Justice Minister Meir Sheetrit, will permit civil marriage in Israel only between Israeli citizens who are defined as non-Jews according to Orthodox Jewish law and who do not belong to any other religion. It will have the odd effect of requiring individuals to prove that they are not Jews in order to take advantage of the bill's provisions. The new law will not permit civil marriages between Jews and non-Jews, nor will it permit Jews to marry in Israel in ceremonies performed by Conservative or Reform rabbis, or by civil authorities. The move comes as part of an agreement for Avigdor Lieberman's Yisrael Beitenu Party to join the Kadima-led coalition government. (Y-Net News.)

The main beneficiaries of the new law will be many Russian immigrants to Israel who cannot prove to rabbinic authorities that they are Jewish under Orthodox rabbinic standards. This approach has the backing of Chief Rabbi Shlomo Amar and the Shas religious party, since it does not conflict with Jewish religious law. However some rabbis fear that this is merely a first step to permitting civil marriages between Jews and non-Jews.

Court Approves Settlement Of West Virginia School Jesus Portrait Suit

The high profile lawsuit in Harrison County, West Virginia over a portrait of Jesus that had hung for many years in Bridgeport High School came to a quiet end last Wednesday as a federal judge approved a settlement submitted by both parties-- but whose text has apparently not been publicly released. (West Virginia Record, Oct. 19). Both parties, represented respectively by the Alliance Defense Fund (release) and the Americans United announced two weeks ago that they had reached a settlement. The only description of it was in AU's press release: "The settlement today ensures that the school board will not allow a display of Sallman's 'Head of Christ' or unconstitutional displays of 'any pictures, paintings, posters, prints, statues, carvings, or other items with religious content' at Bridgeport High School. " An Oct. 6 letter to the editor of the Huntington (WV) News by the lone dissenter on the school board was equally cryptic. He said that the settlement did clarify some important points and indicated that he would back the full board's decision, even though he had voted against it. He also indicated that funds that had been donated for the school's legal defense would be returned to donors. He promised that the Alliance Defense Fund would release a summary of the settlement in the coming weeks, but so far there appears to be no sign of that release.

UPDATE: I now have a copy of the Consent Judgment (thanks to Ed Brayton). In exchange for plaintiffs dropping the suit and making no claim for attorneys' fees or expenses, the school system agreed that it:

will not restore the Head of Christ portrait or another copy of that portrait to Bridgeport High School. Nothing in this agreement will preclude the adoption of a textbook or other professionally published curriculum-related material that includes a reproduction of the portrait, so long as [it] ... is selected for constitutionally valid secular purposes and in accordance with Defendants' normal policies and practices.

... any pictures, paintings, posters, prints, statues, carvings, or other items with religious content displayed by, or under the authority or direction or with the approval or endorsement of, the Defendants acting in their official capacities will be displayed only: (a) for constitutionally valid secular purposes ...; and (b) in accordance with the Defendants' educational mission....

Nothing in this agreement will ... prevent individual Bridgeport High School employees or staff from possessing, displaying, or using religious items in their personal work areas ... in a manner consistent with relevant court decisions and statutory law.

New Study of Pentacostals and Charismatics

The Pew Forum on Religion & Public Life earlier this month released a new ten-country survey of Pentacostals and Charismatics titled Spirit and Power. The report says: "Renewalist Christians' strong focus on the supernatural has led to the widespread perception that the movement is largely apolitical in outlook. Although renewalists are focused on spiritual matters, many also say there is a role for religion in politics and public life. In nine of the 10 countries surveyed, for instance, at least half of pentecostals say that religious groups should express their views on day-to-day social and political questions; support for this position is equally widespread among charismatics. In every country surveyed, furthermore, renewalists are at least as likely as others to express this view." This week's Christian Century discusses the study.

Israeli Mother Launches Symbolic Challenge To Role Of Jewish Law

Today's Jerusalem Post reports on an odd case that is about to go to Family Court in Israel. In Israel Jewish marriage, divorce and personal status issues are governed by Jewish law (Halacha), sometimes applied by rabbinic courts and sometimes applied by the civil Family Court. (Background.) Under Jewish law (halacha), a child born from an adulterous relationship holds the status of "mamzer" and in Israel is only permitted to marry a convert to Judaism or another mamzer. However there is a strong presumption that a child conceived while a woman is married was in fact fathered by the woman's husband. Surprisingly, a mother-- whose name is not reported-- is seeking to have the Family Court rule that her son (identified only by the pseudonym Moshe) was in fact a mamzer, even though she was eight months pregnant before she was formally divorced from her husband.

Represented by an organization that defends the rights of unconventional families, the mother-- a secular Jew-- wants a DNA test to show that Moshe's father is in fact the man who she married after her divorce from her first husband was final. Rabbi Moshe Rauchverger, a senior member of the Chief Rabbinate's Governing Council and Haifa marriage registrar, says that the mother should protect her son's presumed legitimacy. The mother's attorney, however, emphasized the point that the lawsuit aims to make: "It is absurd that in Israel of the 21st century people like Moshe have to suffer because of Halacha."

British Summit On Inclusion By Faith Schools

Today's Guardian reports that in Britain, representatives of the country's major religions are meeting today with Education Secretary Alan Johnson for an "inclusion summit". The Secretary will discuss the government's recently proposed legislation to require new (but not existing) faith schools to admit up to 25% of their student body from faiths other than that of the institution's sponsor, or else obtain an exemption. The Church of England has announced that it will voluntarily do this in its schools. Most new faith schools that will be subject to the proposal are expected to be Muslim. (See prior related posting.)

UPDATE: This Is London on Monday reported that the British government has plans to give Ofsted (Office For Standards In Education) inspectors the power to grade state-supported faith schools on how much they contribute to "community cohesion" by employing teachers of different religious backgrounds.

UPDATE: On Oct. 27, Britain's Education Secretary Alan Johnson announced that he was dropping the proposal to require new faith schools to take 25% of their students from other religious groups. (ePolitix)

New Books On Religion, Law & Public Policy

A number of new books of interest have recently been published:

Brooke Allen, Moral Minority: Our Skeptical Founding Fathers ,(Ivan R. Dee Publisher, Sept. 2006), reviewed in Sunday's New York Times.

Darryl Hart, A Secular Faith: Why Christianity Favors the Separation of Church and State, (Ivan R. Dee Publisher, Sept. 2006).

Sam Harris, Letter to a Christian Nation, (Knopf, Sept. 2006).

David Pryce-Jones, Betrayal: France, the Jews and the Arabs, (Encounter Books, Oct. 2006).

Robert Royal, The God That Did Not Fail: How Religion Built and Sustains the West, (Encounter Books, Aug. 2006).

Lew Daley, God and the Welfare State, (MIT Press, Oct. 2006).

David Yonke, Sin, Shame & Secrets: The Murder of a Nun, the Conviction of a Priest, and Cover-up in the Catholic Church, (Continuum International, Nov. 2006).

Andrew Greeley & Michael Hout, The Truth about Conservative Christians: What They Think and What They Believe, (University of Chicago Press, Fall 2006).

Jewish Dems List Worst Members of Congress On Jewish Issues

This week's Philadelphia Jewish Voice reports on a recent rating of members of Congress by the National Jewish Democratic Council Political Action Committee. The NDJCPAC has named its "Backward Eighteen"-- the 18 members of Congress up for election this year whose records are worst on issues of importance to the American Jewish community. Not surprisingly, considering the group that compiled the list, the 4 Senators and 14 Representatives on the list are all Republicans. The list includes legislators from Arizona, Colorado, Florida, Indiana, Missouri, Montana, New Jersey, New York, Ohio, Pennsylvania, Texas, Virginia, Wyoming.

Mississippi City Sued By Preachers Who Were Kept Off Sidewalk

On Friday, the Alliance Defense Fund filed a federal lawsuit against the city of Wiggins, Mississippi and various of its officials on behalf of two Christian preachers who were threatened with arrest for carrying signs and engaging in religious speech on a public sidewalk using a microphone and amplification system. The complaint (full text) says that police told the individuals that they were violating the city's noise ordinance, its sign ordinance, were obstructing traffic and endangering public safety. Police told the two Christian evangelists to obtain a permit, but they were later told that the city did not have a permit system. The complaint alleges that the city's conduct violated the 1st and 14th amendments to the U.S. Constitution, as well as provisions of the state constitution protecting speech and assembly.

Rising Orthodox Jewish Population Impacts Much In New Jersey Town

Today's Newark (NJ) Star-Ledger carries a long article on the changes taking place in Lakewood Township, NJ as the Orthodox Jewish population has expanded rapidly. Members of the Orthodox community-- who generally avoid assimilating into the more general culture-- have been elected to various municipal offices and boards. There are almost three times as many children in Orthodox Jewish day schools as there are in public schools. Disputes on allocation of state funds for pre-school special education have arisen. The state Department of Education held that black and Latino children in the Lakewood district have received too little; whites tend to be in more expensive all day pre-school programs. The Department's finding is under appeal. An Orthodox neighborhood watch group formed after an Orthodox woman was abducted and raped has been denounced by the Lakewood Public Safety Director as a private police force. Housing discrimination complaints are high. The other rapidly growing ethnic group in Lakewood is undocumented Mexicans. Rabbi Moshe Zev Weisberg says that small incidents are blown out of proportion and framed as an "Orthodox conspiracy".

While unofficial websites describe Lakewood Township as a hub of Orthodox Judaism (Wikipedia), the Township's official web site makes almost no mention of this. Its listing of houses of worship includes only two of the more than 100 Orthodox synagogues in the township, and its listing of private elementary schools lists none of the many Orthodox institutions. [Thanks to Steven H. Sholk for the lead.]

Niqab Controversies In US, Britain, Egypt

Around the world, the niqab-- a veil covering the face that is worn by some Muslim women-- is creating heated controversy.

Earlier this month in Britain, a Muslim teaching assistant was suspended after she refused to remove her niqab while teaching 11-year olds who speak English as a second language. Yesterday's Telegraph reported that the teacher, Aishah Azmi, sued for discrimination in an employment tribunal after she was suspended for failing to comply with management instructions. She argued that her rights under the Employment Equality (Religion or Belief) Regulations 2004 were violated. The tribunal rejected her discrimination claim, but award her damages for injury to her feelings. A second report by the Telegraph says that Azmi's lawyer plans to seek legal aid funding to appeal the case to the European Court of Human Rights. However, a Muslim member of Parliament, Shahid Malik, called for Azmit to drop the suit, saying that there is no support for it from Muslim parents.

In Egypt, the Provost of Helwan University angered some Muslims when he issued an order that any students wearing a niqab must be checked by security women to verify their identity before they will be permitted into the school's dormitories. Gulf News today reports that the university is concerned that a man could walk into female dormitories hidden behind a niqab, or that other criminal activity could be hidden. However students and human rights groups are protesting the order issued a few weeks ago. Illustrating the strength of the feelings on the issue, last week a female Muslim preacher was threatened with death after stating on a television broadcast that the niqab was not required by Islamic law. And the Muslim Brotherhood has filed a complaint with the Prosecutor-General seeking an investigation into alleged exclusion of niqab-wearing students from government-run universities.

Meanwhile, niqab controversies also have come to the United States. Today's Detroit Free Press reports that in a small claims dispute in Hamtramck (Michigan) District Court, a judge has said that he will dismiss a case after a Muslim woman refused remove her niqab before testifying in her lawsuit against a rental car company. The judge said he needs to see the woman's face while she is on the witness stand in order to help assess the truthfulness of her testimony.

Former German Official Criticizes Religious Motivations Of Bush

The Associated Press today reports on excerpts from a new book by Germany's former Chancellor Gerhard Schroeder in which the German leader expresses concern about the religious motivations behind decisions of U.S. President George W. Bush. In excerpts published by Der Spiegel, Schroeder says: "We rightly criticize that in most Islamic states, the role of religion for society and the character of the rule of law are not clearly separated. But we fail to recognize that in the USA, the Christian fundamentalists and their interpretation of the Bible have similar tendencies." Schroeder's book is titled Decisions: My Life in Politics.

Role of Religion In Connecticut Senate Race

Today's Hartford (CN) Courant discusses the role of religion in the high profile Senate race between Democratic nominee Ned Lamont and current Senator Joseph Lieberman who is running as an Independent after losing in the Democratic primary. A column by Mark Silk, director of the Center for the Study of Religion in Public Life, reports that in the primary, Lieberman carried the Catholic and Jewish vote. However Lamont carried the Protestant vote and won by a 3-1 margin among those who have no religious affiliation and by a 2-1 margin among adherents of non-Judeo-Christian faiths. Lieberman, who is Jewish, received 61% of the Jewish vote in the primary. Many Jews, however, are strong supporters of church-state separation and object to Lieberman's strong emphasis on religion in his campaign.

Archbishop of Cantebury In China

A Reuters article in today's Washington Post reports on the two-week visit on the Archbishop of Cantebury Rowan Williams to China. He has talked with government officials on issues of concern such as the environment, an aging society, censorship and the death penalty. On Sunday he held a service in Beijing and encouraged Chinese Christian leaders and intellectuals to play a role in discussions on China's public policy issues.

UPDATE: As the Archbishop of Cantebury ended his trip to China, Tuesday's London Times reports that human rights activists charge Williams did not press Chinese officials strongly enough on issues of religious freedom.

California City Will Settle Lawsuit By Christian Dance Group

The city of Chula Vista, California has agreed to settle a suit filed last year on behalf of the Jesus Christ Dancers-- a group of six girls who were excluded from performing last year in the city's Holiday Festival even though a Hawaiian prayer dance group was allowed to perform. Subsequently the mayor apologized to the Christian dance group and City Council agreed to permit religious expression at future Holiday Festivals. (See prior posting.) A federal court hearing on the settlement will be held Tuesday. Yesterday's San Diego Union Tribune reports that the settlement provides for the city to pay $31,000 in damages, and to furnish training to police officers and managers on First Amendment rights, particularly the rights of religious persons to express their faith in the public square.

Developments In RLUIPA Land Use Cases

There have been developments in two RLUIPA land use cases. The first is reported by today's Orange County (CA) Register. In Santa Ana, California, a federal district court granted the Quan Am Buddhist Temple of Garden Grove a temporary restraining order to permit it to hold worship services in several suites in an office building that it purchased almost two years ago. Several applications to build a Temple on the site have been rejected. (See prior posting.) Garden Grove’s City Manager says that his main concern has been to preserve valuable office space for the city. The judge’s order prohibits anyone from staying overnight or cooking over an open flame in the office building, and the Temple must bring all its rooms up to code within 30 days. UPDATE: The full decsion in Vietnamese Buddhism Study Temple in America v. City of Garden Grove, which granted a preliminary injunction (not a TRO) is now available at 2006 U.S. Dist. LEXIS 81635 (CD CA, Oct. 20, 2006).

Meanwhile, according to today's South Florida Sun-Sentinel, the Hollywood, Florida, neighbors of a Chabad Lubavitch synagogue have appealed a federal district court ruling that precluded them from challenging the settlement of a religious discrimination lawsuit brought by Chabad against the city. (See prior posting.) The neighbors argue that the settlement created a zoning change to which they should have been able to object.

Recent Articles of Interest In Law and Religion

From NELLCO:
David A. Skeel, Jr., The Unbearable Lightness of Christian Legal Scholarship, (Aug. 2, 2006).

From SSRN:
Kathleen Boozang, Divining a Patient's Religious Beliefs in Treatment Termination Decision-Making, (Sept. 28, 2006).

Alan E. Brownstein, Taking Free Exercise Rights Seriously, (Sept. 21, 2006).

From SmartCILP:
Jim Wedeking, Quaker State: Pennsylvania's Guide to Reducing the Friction for Religious Outsiders Under the Establishment Clause. 2 New York University Journal of Law & Liberty 28-85 (2006).

Wisconsin Diocese Charged With Election Violations

Wisconsin election law requires any group that spends over $25 to support or oppose a state referendum to register with the State Elections Board. The Wisconsin Democracy Campaign (WDC) has sent a memo to the State Elections Board charging that the Catholic Diocese of Madison violated this provision when Bishop Robert Morlino passed out a flier to all parishioners urging them to support a November 7 constitutional amendment to ban same-sex marriages. Channel 3000 today reports Morlino's response: "a law that tells me I should have recourse to the state or commission in order to teach the truth of Christ about marriage in my own churches is an obstacle to our own free expression of religion." WDC has also issued a release on the matter.

Evangelist's Tax Evasion Trial Continues

Today's Pensacola (FL) News Journal reports on the ongoing tax evasion trial in federal district court of Pensacola evangelist Kent Hovind. At Hovind's Creation Science Evangelism Ministry, which includes Dinosaur Adventure Land, Hovind has failed to withhold federal income, social security and medicaid taxes, taking the position that he and his employees work for God, are paid by God and therefore aren't subject to taxation. Yesterday, Rebekah Horton, senior vice president of Pensacola Christian College testified for the prosecution saying that tax evasion is against the Scriptures. Pensacola Christian College, concerned about its students who worked for Hovind, apparently brought the situation to the attention of the IRS.

Times Series On Religious Exemptions Continues, As Does Comment On It

The New York Times today ran a fifth installment of its series on the benefits religious organizations receive from regulatory and tax exemptions. (See prior posting.) Today's installment, titled Ministry's Medial Program Is Not Regulated, focuses on exemptions of medical bill-sharing ministries from state insurance laws. One such group, the Christian Care Ministry, is facing a hearing next week on a complaint by the Kentucky Office of Insurance that the organization should in fact have to register as an insurance company.

The Times series has led to an unusual amount of editorial comment, both pro and con. The Times itself ran an editorial last Monday that argued "the wall between church and state is being replaced by a platform that raises religious organizations to a higher legal plane than their secular counterparts." However, yesterday the Weekly Standard carried an article by John DiIulio, Jr., first director of the White House Office of Faith-Based and Community Initiatives, strongly critical of the New York Times series. [Thanks to Steven H. Sholk for the lead to the Weekly Standard.]

Chicago Suburb Sued Over Design Of Vehicle Stickers

In the Chicago suburb of Burbank, Illinois, Nichole Schultz filed suit this week because the city is requiring her to display a sticker on her automobile that she says endorses Christianity. The sticker depicts a soldier with a rifle, kneeling before a grave marked a cross. City officials say the cross is a generic symbol, while Shultz argues that the city is forcing her to Christianize her car. Today's Chicago Tribune reports that Schultz-- who apparently is an atheist-- is not asking the city to change the sticker, but instead is seeking an exemption from the requirement to display it. Earlier attempts to reach an out-of-court solution with the city failed. Now however the city says that Schultz could cover or cut out the cross on the sticker.

New York High Court Upholds Women's Health Act Under New State Constitutional Test

Yesterday in Catholic Charities of the Diocese of Albany v. Serio, NY Ct. App., Oct. 19, 2006), New York's highest court upheld a provision in the state's Women's Health and Wellness Act (WHWA) that requires faith-based organization to include contraceptive coverage for women in any prescription plan that they offer employees. (See prior posting.) The statute includes an exemption for most churches and religious schools where contraception is contrary to the institution's religious tenets. However, the exemption does not cover religiously affiliated social service agencies or hospitals. In this case, a group of ten faith-based social service agencies claimed that the law requires them to violate their religious beliefs by supporting conduct they believe to be sinful. However the court rejected both federal and state constitutional challenges to the law.

The court held that a First Amendment free exercise challenge failed under the Smith test, since this was a neutral law of general applicability. The fact that it exempts a narrow group of religious institutions from its coverage does not make it non-neutral. The more important part of the decision was the court's creation of a new test for free exercise of religion claims under Art. I, Sec. 3 of the New York constitution-- a test that is more protective of religion than the U.S. Supreme Court's Smith decision, but less protective than a "strict scrutiny" rule.

The court held that when general legislation creates an incidental burden on the free exercise of religion, "substantial deference is due the Legislature, and ... the party claiming an exemption bears the burden of showing that the challenged legislation, as applied to that party, is an unreasonable interference with religious freedom." In the court's view, plaintiffs here failed to show that the WHWA imposed an unreasonable interference. The state has a substantial interest in providing women with health care and institutions could ultimately avoid violating their religious principles by not offering prescription drug coverage at all. The court said that it would be a more difficult case if these institutions only hired employees who shared their views on the sinfulness of contraception.

Today's New York Law Journal carries an extensive analysis of the case.

Canadian Marriage Commissioner Appeals Gay-Marriage Requirement

LifeSite News yesterday reported on a case pending in a Manitoba (Canada) Court of Queen's Bench brought by a former provincial marriage commissioner who was forced to surrender his license after he refused to perform same-sex marriages. After the legalization of same-sex unions in Canada in 2004, Manitoba adopted a policy requiring commissioners to perform them. However Ken Kisilowsky says that the policy violates his evangelical Christian beliefs. Clergy are not required to perform same-sex marriage, but others who hold licenses as marriage commissioners are. After the Manitoba Human Rights Commission rejected his religious discrimination claim, he filed the pending appeal. A number of marriage commissioners in Manitoba, Saskatchewan, Newfoundland and British Columbia have resigned over similar requirements. [Thanks to Alliance Alert for the lead.]

Missouri School Board Asked To Reinstitute "Christmas" Break

In Strafford, Missouri, supported by 30 people in attendance at the meeting, Dee Wampler last week asked the Strafford School District to change the name of "Winter Break" to "Christmas Break". The Springfield, Missouri News Leader reported today that Wampler told the board: "I'm not here today to say this is a religious thing. I'm saying this is our history, our national tradition, that we should recognize." However, others clearly thought it was a religious issue. Dennis Gromer, husband of a Strafford teacher and a local said, "This is a chance for us as Christians to make a stand on what we say that we stand for." No action will be taken until the Board discusses next year's calendar at its January meeting.

IRS Complaint Filed Against Church For Pastor's Political Endorsement

Citizens for Responsibility and Ethics has filed a complaint with the Internal Revenue Service against a Brooklyn Park, Minnesota church alleging that the church violated the terms of its tax exempt status when its minister personally endorsed a Congressional candidate from the pulpit last Saturday night. Yesterday the Associated Press reported that Rev. Mac Hammond of the Living Word Christian Center says that he misunderstood IRS guidelines, and says that this will not happen again. Speaking at the church, Republican candidate Michele Bachmann said that God had called on her to run for Congress. Videos of Bachmann's speech at the church can be viewed on YouTube.

New York Court of Claims Lacks Jurisdiction Over RLUIPA Cases

In a decision handed down two months ago, the New York State Court of Claims held that it lacks jurisdiction over a damage claim brought under the Religious Land Use and Institutionalized Persons Act alleging that a state prisoner's right to religious freedom was violated. In Gill v. State of New York, (NY Ct. Cl., Aug. 28, 2006), the court held that while state courts have concurrent jurisdiction with federal courts to adjudicate RLUIPA claims, New York law has not given jurisdiction in such cases to the Court of Claims. The court also held that damages from the state are not available for a violation of the New York constitution's protection of free exercise of religion, and that the state Supreme Courts, and not the Court of Claims, have jurisdiction over violations of New York's Correction Law, Sec. 610, that protects the free exercise of religion by prison inmates.

European Court OKs Turkish School's Required Photo Without Headscarf

On Monday, the European Court of Human Rights rejected an attack on regulations promulgated by Turkey's Higher Education Council, according to a report in Zaman. After losing in Turkey's administrative courts and State Council, Emine Arac, a student at the Marmara University Theology Faculty, appealed to the European Court claiming that her school required her to submit a picture of herself without her headscarf when she registered for classes. However the court held that the requirement does not violate the protections for religion and expression, or infringe the right to an education, guaranteed by the European Convention on Human Rights.

Christian Agency Entitled To Hire On Basis of Religion Under Title VII

In Jackson v. Light of Life Ministries, Inc., 2006 U.S. Dist. LEXIS 75265 (WD PA, Oct. 16, 2006), a Pennsylvania federal district court rejected a Title VII religious discrimination claim that was brought by a part-time program aide at a Christian social service agency that provided food, shelter and outreach to the homeless. Raymond Jackson, a Jehovah's Witness, claimed that he was not hired full-time because of his religion, and then was fired in retaliation for filing an EEOC complaint. The court found that Light of Life was clearly a religious organization entitled to hire on the basis of religion under Title VII, and that the exemption applied even though Jackson's job did not require him to engage in religious counseling or religious activities.

Politician Promises Restoring Of Land To Bulgarian Orthodox Church

In Bulgaria, popular nationalist politician Volen Siderov, chairman of the National Union Attack party, recently met with the acting head of the Bulgarian Orthodox Church, Metropolitan Bishop Kiril, promising legislation to restore properties of the Church that were nationalized in 1945. The Sofia Weekly reported on Tuesday that Siderov and the Bishop have also discussed introducing religious studies in schools, and proposals to make the Orthodox Church Bulgaria's official religion.

DC Circuit Upholds Terrorist Designation Of Jewish Website

On Tuesday, the U.S. Court of Appeals for the DC Circuit upheld the Secretary of State's decision to designate Kahane Chai as a Foreign Terrorist Organization and to designate its website, Kahane.org, as an alias of the organization. In Kahane Chai v. Department of State, (DC Cir., Oct. 17, 2006), among other things, the court rejected claims by Kahane.org that the government had discriminated against it on religious grounds because websites of other Foreign Terrorist Organizations were not targeted. Jurist yesterday reported on the decision.

Muslim Scholars Write Pope On His Regensburg Speech

Earlier this week, 38 Muslim scholars from 20 countries-- some of the who are also government officials-- sent a letter to Pope Benedict XVI criticizing the interpretation of Islam in the Pope's recent speech at the University of Regensburg, in Germany. A report by the Catholic News Services points out that one focus of the scholars' letter was on the Pope's remarks about the concept of jihad. The letter also said to the Pope: "We share your desire for frank and sincere dialogue, and recognize its importance in an increasingly interconnected world. Upon this sincere and frank dialogue we hope to continue to build peaceful and friendly relationships based upon mutual respect, justice, and what is common in essence in our shared Abrahamic tradition." The full text of the letter, and the list of its signers, has been published by Independent Catholic News.

Air Force Changes Chaplain Guidelines As Mandated By Congress

As a previous posting notes, last month, a Conference Committee report on the Defense Authorization Act called for both the Air Force and the Navy to repeal their recent regulations governing the activity of chaplains and reinstate policies from earlier rules. Now Jews On First reports that on October 2, three days after Congress passed and the President signed the Defense Appropriations Act, the Air Force issued new guidelines for chaplains. The new rules appear to implement the mandate to reinstate policies from the Air Force's 1999 guidelines. The guidelines now provide that the Chaplain Service "requires awareness of, and sensitivity to, the diverse religious needs of Air Force members". They define the Chaplain Service's Global Ministry as one that is sensitive to the "religiously pluralistic environment" in which it operates, and state that "chaplains adhere to the requirements of their endorsing religious organizations while providing for the spiritual and religious needs of all Air Force members, their families, and other authorized personnel".

However, according to the same report by Jews On First, Mikey Weinstein, president of the Military Religious Freedom Foundation, charges that "Air Force leadership went about issuing these [new] guidelines in a subversive manner, without engaging in an open dialogue about the proper role of religion and chaplains within the Air Force."

Limitations Issues In Priest Abuse Case Decided

Last month, an Illinois appellate court, after a rehearing, filed a modified opinion in a priest sexual abuse case that decides interesting questions relating to statute of limitations issues. In Softcheck v. Imesch, (IL 3d Dist. App., Sept. 1, 2006), the court held that 2003 amendments to Illinois' statute of limitations cannot apply retroactively to revive claims for which the prior limitations period had run before 2003. In a 2-1 decision, the court held that the prior statute of limitations had not been tolled under the discovery rule. Plaintiffs' allegations that they did not, until recently, realize the wrongfulness of defendants' conduct were insufficient to prevent the statute from running. Finally, the court held that it was not being asked to unconstitutionally pass on the validity of church doctrine by allegations that defendant priests assured plaintiffs that instructions of the Church were infallible and complying with directions of priests would be beneficial. The original appellate decision had been handed down in January.

Minneapolis Bus Driver Can Avoid Busses With Offensive Ad

The McClatchy Newspapers yesterday reported on a decision by Minneapolis (MN) transit officials to accommodate religious beliefs of a bus driver. The driver objected on religious grounds to an ad carried on some 25 of the city's 150 busses. The ad promotes a local magazine aimed at gay, lesbian, bisexual and transgendered readers. An internal memo by the Transit Authority gives the employee permission to refrain from driving any of the busses that carry the offensive ad. The decision is of particular interest in light of last month's decision by Minneapolis-St. Paul airport officials to accommodate Muslim cab drivers who object to transporting passengers who bring alcohol in the cab.

Rabbis Seek Move To Jewish Religious Courts For Civil Cases In Israel

In Israel yesterday, a group of rabbis and experts in Jewish law launched "Gazit", a chain of nine Jewish religious courts that they hope will replace the nation's civil courts. Today's Jerusalem Post says that the organizers hope that tort and contract disputes will be settled according to Jewish law in these courts instead of in civil courts under Israeli civil law. They envision the Jewish law courts being used by both Jews and non-Jews. Currently the decisions of these courts will already be recognized by civil courts in the same way that decisions of other arbitral bodies are enforced. Experts say that for this initiative to succeed, issues relating to testimony of women and of non-Jews in Jewish religious courts will need to be worked out.

California Courts Hear Arguments Over Cross and Constitution

Two separate appellate courts in California yesterday heard arguments in cases involving challenges to alleged unconstitutional uses of a cross by local authorities. In Pasadena, a panel of the U.S. 9th Circuit Court of Appeals heard arguments in a case challenging a 2004 decision by Los Angeles county to remove a cross from the county's official seal. Today's Los Angeles Daily Bulletin reports that the suit was filed by the Thomas More Law Center on behalf of county Department of Public Works employee. He alleges that the change in the county's seal violated the Constitution by conveying a state-sponsored message of disapproval and hostility toward Christianity. The county has already spent $700,000 replacing the old seal with the new one that features a mission and an American Indian.

Meanwhile, in a state appellate court in San Diego, oral arguments were being held on one aspect of the long-running dispute over the Mt. Soledad cross. The San Diego Union Tribune today reports that the "lively" two-hour oral argument focused on a 2005 trial court ruling that Proposition A-- a voter initiative transferring land under the Mt. Soledad cross to the federal government-- was unconstitutional. The lower court had found that the voters had intended to aid religion in violation of California's constitutional provisions prohibiting such aid or favoritism.

Indiana Released Time Program Challenged

In Morgan County, Indiana, a federal lawsuit has been filed by an elementary school parent challenging the Weekday Religious Education Program offered to Neil Armstrong Elementary School students. IndyStar today reports on the litigation, filed through the ACLU of Indiana. The complaint (full text) alleges that the religious classes are offered from a trailer on school property, and that school officials monitor enrollment and single out students who elect not to participate. Mary Parker, an adviser to Morgan County Schools on the program, said that the trailer is on the edge of school grounds for convenience, and that utilities and other costs are paid by the non-profit group offering the program. However, she said that if necessary to avoid controversy, the location of the program would be moved. 1500 3rd and 4th graders in Morgan and Adams counties participate in the one-hour-per-week Christian education program.

Requiring Midwifery License Might Violate Religious Freedom

A Florida state appellate court has held that Linda and Tanya McGlade, convicted of practicing midwifery without a license, may be able to challenge their convictions under Florida's Religious Freedom Restoration Act. The women sought to post bond pending appeal of their convictions, but the trial court refused, according to yesterday's Manatee Herald. Bond is allowed under Florida law (Title XLVII, Sec. 903.132) only if the appeal is "in good faith on grounds not frivolous but fairly debatable". The appellate court reversed the denial of bond, saying that the Religious Freedom Restoration Act is a reasonable, arguable ground for the appeal by the women who had been sentenced to 30 months in prison in the case that involved the death of the mother whose delivery they assisted.

UPDATE: Saturday's Manatee Herald reported that trial judge Edward Nicholas has refused to grant release to the McGlades, despite the appellate court ruling. Nicholas on Thursday refused to permit the women to post bond because he believes that they would likely continue their illegal activity if released. Defense attorney Colleen Glenn filed an emergency motion with the appellate court on Friday to reverse the denial. Saturday's Sarasota Herald Tribune has more background on the case. The woman whose childbirth was aided by the McGlades was a relative. The McGlades believe that the licensing law was not meant to apply to that kind of situation.

Recent Prisoner Cases On Religious Rights

In Campbell v. Alameida, 2006 U.S. Dist. LEXIS 73111 (ND CA, Sept. 25, 2006), a California federal district court rejected an inmate’s claims that the refusal to permit him to purchase and keep religious oils in his cell violated his rights under the 1st and 14th Amendments. It found that while the refusal may have violated his rights under RLUIPA, defendants had qualified immunity from damages, and no injunctive relief was available because now prison authorities were permitting plaintiff to have the requested oils.

In Jesus Christ Prison Ministry v. California Department of Corrections, 2006 U.S. Dist. LEXIS 73813 (ED CA, Sept. 28, 2006), a federal magistrate judge ruled that a California prison’s policy of permitting religious literature, audio tapes and CDs only from approved vendors violates the free speech and free exercise rights, as well as rights under RLUIPA, of prisoners, as well as the rights of non-approved organizations wishing to distribute religious literature.

In Long v. Boehnemann, 2006 U.S. Dist. LEXIS 74532 (SD TX, Oct. 12, 2006), a Texas federal district court dismissed a suit alleging that a county jail’s kitchen manager denied plaintiff reasonable provisions during Ramadan. The court found that plaintiff had failed to exhaust his administrative remedies, that his transfer made his claims for injunctive relief moot, that federal law bars monetary damages absent a physical injury, that no First Amendment violation was shown, and that RLUIPA allows recovery only against governmental entities.

In Tayr v. Wisconsin Department of Corrections, 2006 U.S. Dist. LEXIS 74835 (ED WI, Sept. 29, 2006), a Wisconsin federal district court rejected a Muslim prisoner's claims that he was denied the right to use his religious name and was denied a religious diet, in violation of the First Amendment and RLUIPA. The court permitted claims relating to the denial of the use of religious property to move ahead.

Court Invalidates Eagle Protection Act Implementation As RFRA Violation

Last week, a federal district court in Wyoming granted a motion to dismiss criminal charges that had been filed against Winslow Friday, a member of the Northern Arapaho Indian Tribe. In United States v. Friday, (Case No. 05-CR-260-D, Oct. 13, 2006), the court held that the government's implementation of the Bald and Golden Eagle Protection Act (BGEPA) violates the defendant's right to the free exercise of religion as protected by the Religious Freedom Restoration Act.

The BGEPA provides for a permitting process for the taking of eagles for Native American religious purposes. The government, however, discourages requests for permits and issues almost none. The court held that the government failed to demonstrate that this policy is the least restrictive means of advancing its interest in preserving eagle populations and protecting Native American culture, particularly in light of the recent recovery of the species. It concluded:

Although the Government professes respect and accommodation of the religious practices of Native Americans, its actions show callous indifference to such practices. It is clear to this Court that the Government has no intention of accommodating the religious beliefs of Native Americans except on its own terms and in its own good time.

The court also upheld Friday's standing to challenge the futile permitting process even though he never applied for a permit.

The full text of the case is available through PACER. The Jackson Hole (WY) Star Tribune today reported on the court's decision. (Also see prior related posting.)

UPDATE: The decision is now available on LEXIS at 2006 U.S. Dist. LEXIS 74970.

Virginia Ballot Will Have Proposal To Permit Churches To Incorporate

Virginia voters this November will be asked to approve an amendment (full text) repealing a provision in Art. IV, Sec. 14 of the state's constitution that prohibits the legislature from granting a charter of incorporation to any church or religious denomination. Today's Hampton Roads Pilot reports that the vote will have little practical significance since a federal District Court in 2002 ruled that the ban violates the First Amendment's guarantee of free exercise of religion.

House of Lords To Consider Removing Christian Prayer In Schools Requirement

Great Britain's House of Lords this week will debate a proposed amendment to the Education and Inspections Bill that would remove the requirement that schools to provide a daily "act of collective worship" that must be "wholly or mainly of a broadly Christian character". The amendment instead calls for assemblies that are inclusive of all children, according to a press release issued by a coalition of religious groups, teaching unions and the British Humanist Association. A briefing paper issued by the coalition supporting the change points out that the new language will call for school assemblies that further pupils' "spiritual, moral, social and cultural education". (See prior related posting.)

FBI Hate Crimes Stats For 2005 Released

The FBI yesterday released data on hate crimes in the United States for 2005. Overall, such crimes were down by 6% from the previous year, according to a report by the Associated Press. Just over 17% of all hate crimes in 2005 targeted victims because of their religious beliefs. The detailed data is available from the FBI's website.

7th Circuit Rejects RLUIPA Challenge To Forced Feeding

In O'Malley v. Litscher, (7th Cir., Oct. 16, 2006), the U.S. Seventh Circuit Court of Appeals yesterday rejected a prisoner's claim that prison officials violated his rights under the Religious Land Use and Institutionalized Persons Act by force feeding him to end his protest fast. Robert O'Malley claimed he was using the power of prayer and fasting to ask God to move his former accusers to recant testimony that led to his conviction for sexual assault. Ultimately prison officials obtained a court order permitting them to force feed O'Malley. The court held that the choice of methods to end O'Malley's fast did not implicate his religious rights. It also held that carrying out a state court's order is not an independent violation of the constitution or of RLUIPA. [Thanks to How Appealing for the information.]

Alaska Supreme Court Decides Church Property Dispute

The Alaska Supreme Court this week, in a case of first impression under Alaska law, decided how property disputes should be resolved following a schism between a church an its parent body. In St. Paul Church Inc. v. Board of Trustees of the Alaska Missionary Conference of the United Methodist Church, Inc., (AK Sup. Ct., Oct. 13, 2006), the court applied an approach that relied on neutral principles of law to determine that the Alaska Missionary Conference (AMC) was entitled to possession to two parcels of property acquired by St. Paul's when it was affiliated with the United Methodist Church. However, the court held that St. Paul's Church was entitled to retain its independent corporate existence and name. The court also upheld trespass and conversion claims against individuals connected with St. Paul's who entered the church, changed the locks and held services in it over the objections of AMC.

City's Public Access Channel Pulls Religious-Political Videos

After a complaint from the president of the East County (California) Democratic Club, the City Manager of El Cajon, CA has removed videos created by David Barton, Vice Chair of the Texas Republican Party, from the city-owned public access television channel, according to the Raw Story yesterday. The city had a policy that it would not accept programming that directly promotes religious beliefs or religious philosophies for broadcast. Nevertheless, it had paid over $2500 per year for videos produced by WallBuilders that focus on "the Godly foundation of our country" and had political, historical and Christian themes. (The videos on DVD are available on WallBuilders website for $19.95 each.) In particular, Democrats objected to the airing of a video titled "The Role of Pastors & Christians in Civil Government".

Illinois Bishops Issue Statement On Conscience and Voting

Yesterday, the six Catholic bishops of Illinois issued a statement on Elections, Conscience, and the Responsibility to Vote. In part, it reads:

Catholics should always vote for that person most committed to being a public servant dedicated to the common good. ...[A]ny candidate who supports a public policy where part of humanity (such as the pre-born, the elderly, the handicapped, or the sick) is excluded from the protection of law and treated as if they were non-persons is gravely deficient in his or her view of the requirements of a just society.

Too often, the choice of candidates for elected office falls short of a vision of the common good as rich and full as Catholic social teaching. This may be discouraging, so we call on Catholics who understand and accept the Church’s teaching to become more engaged in political life.... In Illinois, we make up almost one-third of the population.... For Catholics, voting ought not to be seen as just an option or a privilege but a duty. By voting with an informed conscience, a renewed "Catholic vote" could become a political force for justice....

Cert. Denied In Scouts' Suit Against Berkeley Non-Discrimination Policy

On Monday, the U.S. Supreme Court, after agreeing to permit several groups to file amicus briefs, denied certiorari in Evans v. City of Berkeley, (No. 06-40). In the case, the California Supreme Court had upheld the right of a city to suspend free use of its marina by the Sea Scouts (a Boy Scout affiliate) because the scouts refused to confirm that they would not discriminate against gays and atheists. (See prior posting.) The Los Angeles Times, covering the denial of cert., reported "Some conservative groups had joined the challenge to the Berkeley policy, saying that advocates of 'traditional moral values' were being subjected to discrimination nationwide by 'politically correct' government officials." Here are the full amicus briefs filed by the United States Justice Foundation, and by the Boy Scouts of America. [Thanks to Steven H. Sholk for the lead.]

Ballot Measure On Alcohol Sales Raises Church-State Issues

In Arkansas City, Kansas, voters are being asked to vote to overturn city council's decision to permit the sale of alcohol on Sundays. The Ark City Traveler on Monday reported that many who oppose the ballot measure see it as an infringement on the separation of church and state, while some who support the ban on Sunday alcohol sales see it as supporting the mandate in the Ten Commandments to honor the Sabbath.

Cert. Petition Filed In Polygamy Case

A petition of certiorari has been filed seeking U.S. Supreme Court review of the Utah Supreme Court's decision in State of Utah v. Holm. (See prior posting.) Today's Salt Lake Tribune reports that the petition asks the high court to review the constitutionality of polygamy laws, arguing that the right to privacy precludes states regulating intimate relationships that occur outside of marriage. Rodney Holm is a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints that considers taking multiple wives to be a religious obligation. Utah's polygamy law permits prosecution of person like Holm who do not enter multiple legal marriages, but merely take additional wives in religious ceremonies.

New Zealand Will Penalize Excessive Political Activity By Churches

In New Zealand, government rules under the new Charities Act of 2005 will permit the country's Charities Commission to strip churches (and other charities) of their tax exempt status if their predominant activity is political advocacy for social change rather than engaging in charitable activities. Political advocacy as a "subsidiary activity" will still be allowed, according to a report today in the Dominion Post.