Christmas Wars Raise Funds For Christian Advocacy Groups

An article yesterday from Religion News Service says that conservative Christian groups are using the supposed "War Against Christmas" as a fund raising device. Sales of buttons, bumper stickers and other items through their websites have been brisk. Anita Staver, president of Liberty Counsel, says: "When its an issue affecting Christmas people will sit up and take notice."

College, Seeking To Hire Christians, Challenges Workforce Investment Act

The federal Workforce Investment Act provides for federal financial assistance to state employment and job training agencies to encourage them to create "One-Stop Career Centers". The WIA (Sec. 188(a)(2)) requires that programs funded under its provisions may not discriminate on various grounds, including religion.

The Pennsylvania Department of Labor & Industry set up a federally-financed Internet-based job listing service for use by job seekers. An employer can list a position in the system only if the employer agrees to non-discrimination requirements. Geneva College, a Christian university, requires all employees to articulate a commitment to Jesus. However, the Department of Labor & Industry refused to permit the College to include religious criteria in its job postings with the agency. Yesterday, Geneva College, along with the Association of Faith-Based Organizations, filed suit in federal court in Pittsburgh against the U.S. Department of Labor and the Pennsylvania Department of Labor & Industry challenging their refusal to permit religious organizations to use otherwise permissible faith-based criteria in their job listings.

The complaint (full text) alleges that the refusal infringes the First Amendment expression and religion rights of religious employers, as well their equal protection rights and their rights under the Religious Freedom Restoration Act. Plaintiffs are represented by the Christian Legal Society and the Alliance Defense Fund, (ADF Release.) Today's Pittsburgh Tribune-Review reports on the case.

Yemeni Editor's Sentence Suspended Pending Appeal

In Yemen yesterday, the Sana'a Appeals Court suspended the prison sentence of a newspaper editor and the closure of his paper, pending appeal of his conviction for publishing Danish cartoons of the Prophet Muhammad. Kamal Al-Olufi, editor-in-chief of Al-Rai Al-A'am weekly, had been in hiding for 17 days to avoid beginning the one-year jail sentence that had been handed down last month. (See prior posting.) Meanwhile, according to the same report in the Yemen Observer yesterday, lower courts continue to convict other journalists for reprinting the cartoons.

Deutsche Oper Finally Performs Controversial Mozart Opera

Germany's Deutsche Oper yesterday finally performed the controversial Mozart opera, Idomeneo. In September, the scheduled performance of the opera was cancelled out of fear of Muslim backlash. (See prior posting.) In one scene, the severed heads of Muhammad, Jesus, Buddha and Poseidon tumble out of a sack lifted by Idomeneo. The Associated Press reports that heavy security caused a half-hour delay yesterday in the curtain rising before the nearly-sold-out house. Germany's Interior Minister Wolfgang Schaeuble attended along with six representatives of Islamic organizations he had invited to the performance. However Ali Kizilkaya, head of Germany's Islamic Council, turned down the invitation. When the controversial scene was performed, one person in the audience yelled "stop it", while several others responded "continue, continue".

Court Finds No Jurisdiction Over Church Decision To Rehabilitate Cemetery

The Ravenna, Ohio Record-Courier last Friday reported on a decision by the Ohio 11th District Court of Appeals dismissing a suit against the Catholic Diocese of Youngstown, Immaculate Conception Parish in Ravenna and its pastor, the Rev. John-Michael Lavelle. Plaintiffs challenged the Church's decision to permit the cutting of trees in St. Mary's Cemetery in order to widen access roads, construct new buildings and prevent damage to above-ground headstones. They claimed that the tree removal violated the terms of a charitable trust of which they, as cemetery plot owners, were beneficiaries. The court, however, ruled that it lacked jurisdiction to infringe on the Church's decision regarding the use of its own property.

UPDATE: Here is the full opinion in Plough v. Lavelle, (OH 11th Dist. Ct. App., Nov. 24, 2006).

Alaska School Gets Federal Funds After Filing Corrective Plan

In October 2005, the U.S. Department of Education (DOE) withdrew $450,000 of Congressionally earmarked funds from Alaska Christian College after a federal investigation found that the school had been spending the money on religious instruction. (See prior posting.) Today's Anchorage Daily News reports that the College has now gotten back a $100,000 federal grant after filing a plan with DOE promising to separate some academic and religious functions. The school also has promised to spend the federal money only for secular purposes such as tutoring the school's Alaska Native students, and teaching them writing and mathematics. Becket Fund director of litigation Derek Gaubatz, attorney for the College, says that corrective plans such as the one filed by the College are becoming common.

Another Menorah Dispute- This Time In Colorado

Yesterday's New York Times reports on the dispute in Fort Collins, Colorado over a rabbi's request to place a menorah on publicly-owned property for the eight days of Hanukkah. For the second year in a row, the Fort Collins Downtown Development Authority has refused to permit the menorah in Old Town Square. Several city council members, backing the decision, said they were concerned that permitting the menorah would open the way for many other religious groups and organizations to demand that their symbols be placed in Old Town Square as well. Many in Fort Collins think that the city is wrong is excluding the menorah. This year, as it did last year, CooperSmith's Pub and Brewing in Old Town Square has permitted the rabbi to place the 9-foot tall menorah on its privately-owned premises. Many other businesses and residents are displaying their own small menorahs in support of the city's small Jewish population.

Property Fights Looming As Conservative Episcopal Churches Leave the Fold

New legal fights over ownership of church property may lie ahead as two large and influential Episcopal parishes in Fairfax and Falls Church, Virginia voted yesterday to leave the Episcopal Church in the United States (ECUSA) and affiliate with the Convocation of Anglicans in North America, a branch of the Nigerian Anglican church led by conservative archbishop Peter J. Akinola. The action of these parishes, and five smaller ones elsewhere in Virginia, result from disagreements with ECUSA over its increasingly liberal policies, culminating in the 2003 ordination of an openly gay bishop. Today's New York Times reports that while both sides want to avoid legal battles, Bishop Peter James Lee of the Episcopal Diocese of Virginia says that under church law, parish property is held in trust for the denomination and the diocese. He added: "As stewards of this historic trust, we fully intend to assert the church’s canonical and legal rights over these properties."

New Articles and Book On Religion and Law

From SSRN:
Jaynie R. Randall, Sundays Excepted: Originalism, the Blue Laws, and the Christian Nation, (Dec. 2006).

Nicholas Aroney, The Constitutional (In)Validity of Religious Vilification Laws: Implications for Their Interpretation, (Federal Law Review, Vol. 34, p. 287, 2006 ).

David Burnett, Atheism and the Courts, (May 2006).

From SmartCILP:
Decisions and Families: A Symposium on Polygamy, Same-Sex Marriage, and Medical Decision Making. Articles by Armand H. Matheny Antommaria, John E.B. Myers, Elizabeth B. Cooper, Christine Talbot and Irwin Altman. 8 Journal of Law & Family Studies 293-394 (2006).

New Book:
Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts, (Cambridge University Press, 2006) (Abstract).

Oregon Suits By Abuse Victims Against Archdiocese Settled

In Eugene, Oregon last week, U.S. District Judge Michael Hogan, at a press conference with church officials and lawyers for abuse victims, announced a settlement between the Archdiocese of Portland and almost 150 plaintiffs. Last Friday's Catholic Sentinel says that the settlement does not require the Archdiocese to sell off parish or school property. Among the suits settled is one that pushed the Archdiocese into bankruptcy proceedings in 2004. Insurance companies will contribute $50 million to the settlement fund, and the rest of the undisclosed settlement amount will come from the sale of non-parish and non-school real estate. Creditors, including abuse victims, must still vote to approve the settlement. Part of the settlement plan will result in parishes and schools being incorporated separately as charitable entities separate from the archdiocese.

5th Circuit Issues Splintered Decision On School Board Prayer

The U.S. 5th Circuit Court of Appeals on Friday issued an important decision on the opening of school board meetings with sectarian prayer. In Doe v. Tangipahoa Parish School Board, (5th Cir., Dec. 15, 2005), the court, in three divergent opinions, affirmed in part and vacated in part an injunction against opening school board meetings with religious invocations that had been issued by the district court in 2005. The district court, in its opinion, had held that the proper test to be applied was the Supreme Court's three-part Lemon test, rather than the legislative prayer exception of Marsh v. Chambers.

In the 5th Circuit, only Judge Stewart agreed fully with the district court. Judge Clement's opinion said that Marsh rather than Lemon applies to school board invocations, and found that all of the challenged prayers were permissible under Marsh. None of them "exploited the prayer opportunity either 'to proselytize or advance any one, or to disparage any other, faith or belief'." Judge Barksdale assumed, without deciding, that Marsh applied, but found that the prayers at issue were overtly sectarian, and were therefore not permitted by Marsh. The result of these splintered opinions was that the trial court's injunction was affirmed as to four specific prayers, but vacated insofar as it more broadly prohibited all prayer at board meetings.

The decision was covered by today's New Orleans Times-Picayune.

Bankruptcy Court Invites Free Exercise Challenge To Nearly-Repealed Chapter 13 Provision

Shortly before Congress passed an amendment to the Bankruptcy Act that would change the court's result, a New Mexico Bankruptcy Court refused to confirm a Chapter 13 plan that allowed over-median income debtors to deduct charitable contributions as a reasonably necessary expense. However the court gave the debtors 45 days to show that Congress infringed their free exercise of religion by distinguishing between above- and below-median income debtors in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. In the case, In re Meyer, 2006 Bankr. LEXIS 3383 (D NM Bankr., Dec. 4, 2006), the United States Trustee supported the debtors who were attempting to protect their ability to continue to make charitable contributions before obligations to other creditors were satisfied. The statutory change to Chapter 13 that will protect charitable contributions is awaiting the President's signature.

Russia's NGO Law Burdens Religious Organizations

Reuters reports that church leaders in Russia are asking the government for an exemption from the country's Law on Non-Governmental Organizations enacted earlier this year. The law, which takes effect in April 2007, requires NGOs to register with a special state agency and supply details of membership, sources of finance and a record of all meetings. Moscow's Catholic Archbishop says this means it would need to report the number and names of attendees at every Mass the church conducts. The Russian Orthodox church says the new requirements are reminiscent of the Soviet era. The Moscow Orthodox Patriarchate told Interfax last week that a number of the provisions of the law are impossible to observe. It suggests that religious organizations should be exempted from the requirement to report on the number of members.

Christian Group's Suit Against Chicago Police Survives Dismissal Motion

In Marcavage v. City of Chicago, 2006 U.S. Dist. LEXIS 90443 (ND IL, Dec. 14, 2006), an Illinois federal district court refused to dismiss First Amendment free expression and equal protection claims brought by volunteers for Repent America, a Christian ministry, against the Chicago police department. Plaintiffs alleged that police limited their ability to pass out leaflets during Chicago's "Gay Games" last July by attempting to restrict them to "Free Speech Zones". The court also refused to dismiss plaintiffs' claims under the Illinois Religious Freedom Restoration Act.

Religious Day Cares Resist Regulation In Pennsylvania

Today's Lancaster (PA) Sunday News carries a lengthy article on the ten-year battle in Pennsylvania over state licensing of religiously affiliated day-care centers. The state's welfare department has threatened to close down a dozen unlicensed non-profit day cares. The religious day-care centers do not object to health and safety inspections, but rear that licensing will lead to state regulation of hiring and curriculum.

Church Orders Kenya's Catholic Clergy Out Of Politics

In Kenya, a pastoral letter issued by the Kenya Episcopal Conference on behalf of the country's 27 Catholic bishops prohibits Catholic clergy in the country from accepting positions on governmental boards. It also says that priests should not take sides in party politics. Friday's East African Standard reports that the mandate was issued as the Kenyan government began to try to enlist the support of churches for President Kibaki in next year's elections. The directive seems to particularly be directed at Father Dominic Wamugunda, the Dean of Students, University of Nairobi, who has been increasingly active in government affairs.

4th Circuit Upholds Good News Club Challenge To School

Yesterday in Child Evangelism Fellowship of South Carolina v. Anderson School District Five, (4th Cir., Dec. 15, 2006), the U.S. 4th Circuit Court of Appeals reversed the trial court and found that the unfettered discretion given to South Carolina school officials to waive fees for use of school facilities violates the First Amendment. Child Evangelism Fellowship had been denied a fee waiver for religious Good News Club meetings it wished to hold in the school. The court found that permitting fee waivers when it is "in the district’s best interest" could invite administrators to discriminate on the basis of content or viewpoint of a group's speech. (See prior posting on lower court’s decision.) The Associated Press reported on the 4th Circuit’s decision.

Creche Opponents Find Different Tactics

In Clio, Michigan, after failing to convince the city to remove a nativity scene from city-owned land downtown, the Freedom From Religion Foundation has requested to lease space next to the creche to put up its own message that would read: "At this season of the Winter Solstice, may reason prevail. There are no gods, no devils, no angels, no heaven or hell. There is only our natural world. Religion is but a myth and superstition that hardens hearts and enslaves minds." The Flint Journal yesterday reported that the land in question is owned by the city, but operated by the Chamber of Commerce.

Meanwhile, elsewhere others have moved to self-help in their opposition to nativity scenes on public property. The San Diego Union Tribune today reports that this year almost two dozen thefts of baby Jesus figures from nativity scenes have been reported. The paper says these kinds of thefts "have become something of a holiday tradition".

White House Issues Hanukkah Greetings

Yesterday, the White House released the President’s 2006 Hanukkah Message. It recounts the history of Hanukkah: "Judah Maccabee and his followers courageously set out to reclaim Jerusalem from foreign rule. Though their numbers were small, the Maccabees' dedication to their faith was strong, and they emerged victorious." It continues: "the glow of the menorah is a reminder of the blessings of a just and loving God and the sacrifices made over the centuries for faith and freedom."

Egypt's High Court Rules Against Bahais

Egypt's Supreme Administrative Court today ruled against Egyptian Bahais' right to be identified by their proper religion on government documents. Ekklesia says that the decision, which reverses a lower Administrative Court, "upholds current government policy, one which forces the Baha'is either to lie about their religious beliefs or give up their state identification cards. The policy effectively deprives Egyptian Bahais of access to most rights of citizenship, including education, financial services, and even medical care."

Middle East Online reports that Judge Sayed Nofal said: "the constitution promotes freedom of belief for the three recognized heavenly religions and they are Islam, Christianity and Judaism. As for the Bahais, Islamic jurists have all agreed that the Bahai faith is not one of the threerecognizedd religions. Those who belong to this religion are apostates of Islam, because the faith's principles contradict the Islamic religion and all other religions." (See prior posting on lower court decision.) The case began when a Bahai couple applied to have their daughters added to their passports that listed their faith as Bahai. Human rights organizations condemned today's decision, but many in Parliament support it. (See prior posting.) The case is seen by many as an important test of religious freedom in Egypt.

UPDATE: UPI reports on Monday that the U.S. State Department has criticized the decision of Egypt's Supreme Administrative Court.

Recent Prisoner Free Exercise Cases

In Buckley v. Alameida, 2006 U.S. Dist. LEXIS 87579 (ED CA, Dec. 4, 2006), plaintiff was a black Orthodox Jew incarcerated in California Correctional Instutition. He claimed that his free exercise rights were violated when prison officials confiscated his kosher food package in retaliation for his filing a citizen's complaint against a correctional officer. A federal magistrate judge recommended that his free exercise and equal protection claims be dismissed, but that his retaliation claim based on this incident move ahead. He claimed that in a separate incident his menorahs, candles and radio were confiscated, depriving him of his ability to celebrate Hanukkah. The court found that his claim of intentional religious discrimination growing out of this incident could also move forward.

In Bell v. Dretke, 2006 U.S. Dist. LEXIS 89376 (SD TX, Oct. 23, 2006), a Texas federal Magistrate Judge recommended rejection of a prisoner's claim that his free exercise rights were violated. The prisoner, who was under a cell restriction disciplinary sanction, was not permitted to attend eve of Ramadan services nor served a "fasting meal".

In Bilal v. Lehman, 2006 U.S. Dist. LEXIS 89430 (WD WA, Dec. 8, 2006), a federal district court dismissed on the grounds of mootness and immunity a former Muslim prisoner's claim that his rights were violated when prison authorities refused to provide him with a Halal diet. The court said, however, that "Defendants should not construe the court's ruling ... as a license to ignore future dietary requests from inmates with sincerely held religious beliefs."

In Muhammad v. McDonough, 2006 U.S. Dist. LEXIS 89439 (MD FL, Dec. 8, 2006), a Florida federal district court dismissed a prisoner's complaint that his First Amendment rights were violated when prison officials refused to change his name in his official records to his new religious name. Prison policy called for the adding of his new name to his identification tag, but not for its use for other purposes.

In Moore v. Camp, 2006 U.S. Dist. LEXIS 89986 (MD FL, Dec. 13, 2006), a Florida federal district court permitted a Muslim prisoner to proceed against several defendants on his claims that his free exercise rights were violated by the removal of a prayer towel as contraband, a delay in furnishing him a Quran, and his not receiving a diet in conformance with his Muslim beliefs.

In McDonald v. Schuffman, 2006 U.S. Dist. LEXIS 90004 (ED MO, Dec. 13, 2006), a Missouri federal district court dismissed a suit by civilly committed residents of the Missouri Sexual Offender Treatment Center. One of plaintiffs' claims was that their right to free exercise of religion was violated by MSOTC's policy on what items are allowable and because there is a lack of religious service offerings.

Courthouse Christmas Tree Furor In Toronto

In Canada, CTV and UPI both report that a Toronto judge has created a good deal of consternation by ordering her staff to move a small Christmas tree out of the courthouse lobby and into a back hallway where it is hidden by frosted glass doors. Justice Marion Cohen, in a letter to her staff, said that when the tree is in the lobby, visitors are confronted with it and it makes non-Christians "feel they are not part of this institution". A Canadian Muslim leader, Ontario's Premier and several religious groups have all criticized the judge's move. Tarek Fatah, founder of the Muslim Canadian Congress, said that "they should ban political correctness, not Christmas trees." Court employees say that the tree has been displayed in the lobby for decades.

Pakistan Court Acquits Bookseller Of Making Additions To Quran

In Pakistan, according to today's Daily Times, the Peshawar High Court bench has acquitted Abdul Ahad Noorani of charges of Tehreef (making additions to the text of the holy Quran). A lower court had imposed life imprisonment on the shop owner who, it was alleged, was selling the booklets of "Yasin Maghribi" and "Ayatul Kursi", in which he had done Tehreef. The lower court had statements from 12 eyewitnesses and had received a fatwa from a local mufti who said Noorani had added to the real text of books. In addition to acquitting Noorani due to lack of evidence, the High Court urged the government to create a religious scholars' body to issue fatwas on important issues, and to end the practice of unofficial fatwas.

Turkey's Muslims Celebrate A Secular Christmas

The McClatchey Newspapers today carry an interesting story on how Christmas has caught on in Turkey, a country that is officially secular but whose population is 99% Muslim. Around the country trees are trimmed, children await presents from Father Christmas (Santa Claus), and shopping malls are filled with blinking lights. However, despite angels and stars as part of the decorations, Christmas has no religious significance in the country. Another difference-- belly dancers are also a Christmas tradition. In Turkey, Christmas is celebrated on December 31-- half way between the December 25 date used by Western Christianity and the January 7 date used by Eastern Orthodox Christians.

Jewish Community Divided On Menorahs In Public Square As Hanukkah Begins

Tonight begins the Jewish holiday of Hanukkah. Papers around the nation report on the campaign by the Chabad movement to have Hanukkah Menorahs displayed in public places, and the ambivalence of other portions of the Jewish community about this push. The Berkshire Eagle reports on Sunday's planned Menorah lighting at the Berkshire Mall. Rabbi Leo Volovik, director of Chabad of the Berkshires says: "We assemble in the Berkshire Mall to light a public menorah to tell people that the lesson of Hanukkah is universal." But Rabbi Deborah Zecher of the Hevreh of Southern Berkshire synagogue says: "I disagree. Religious symbols belong in religious places."

A similar debate is taking place in Nashville where, according to The Tennessean, this year for the first time there will be a Menorah in Nashville's Riverfront Park. It will be lit by Nashville Mayor Bill Purcell. Chabad Rabbi Yitzchok Tiechtel has led an effort for several years to get Menorahs in public places. For the past four years, one is placed on the state capitol grounds. Tiechtel has gotten Menorahs into malls and grocery stores. Next Thursday, shoppers at the Mall of Green Hills will construct a 10-foot-tall menorah made out of of Legos. Tiechtel justifies all of this by saying: "It's a holiday of religious freedom. And I personally feel that a lot of Jewish people feel like they would like to have a display of something of their own on the holiday, that their holiday gets lost." However, again, others in the Jewish community do not all agree. Rabbi Laurie Rice says: "On the one hand, Jews in general feel good when they see menorahs displayed publicly because they feel like there's some equity, even though we live in a such a Christian culture. On the other hand, Hanukkah is not a major holiday in Judaism, and are we inflating it only because of competition with Christmas?" Rice said she personally believes "we're just commercializing Judaism and, in the same way that Christians take the season to heart, it's probably equally as frustrating."

An interesting article run last year by The Forward suggests that Christian activists have used Chabad's campaign for Menorahs in public places as leverage to demand nativity displays on public property. [Thanks to Joe Knippenberg for the lead to this article.]

"Christmas Wars" Discussed At Pew Forum

The Pew Forum on Religion & Public Life has posted a transcript of an interesting discussion it hosted on Tuesday titled The Christmas Wars: Religion in the American Public Square . Speakers were Jon Meacham, managing editor of Newsweek and Michael Novak, resident scholar at the American Enterprise Institute. [Thanks to Joseph Knippenberg for the lead.]

Amish In New York May Be Violating Labor Laws

Agape Press today reports that Amish families in the western New York town of Lyndonville have been told that they are violating state labor laws in employing their 14 to 17 year old children as apprentices in sawmilling, metalwork and construction businesses. Old Order Amish tradition is to send children to formal schools only through the eighth grade and then to start them working with their parents. New Yorkers for Constitutional Freedom is talking with legislative leaders about resolving the problem. Apparently labor unions oppose any change in the law.

Removal of Cross From College Chapel Challenged

In October, the president of the College of William and Mary (part of the Virginia state system) asked the director of the campus to change College practice and display the historic 2-foot high bronze table cross in the College's Wren Chapel only during Christian religious services or, as requested, for individual worship. He wanted to make the chapel more welcoming to all faiths. (President's November statement to Board of Visitors.) Students and alumni have been campaigning to bring the cross back, and even have their own website. Now, according to the Associated Press, Mathew Staver, a lawyer with Liberty Counsel, is suggesting that a lawsuit might be filed. He says that the president's decision violates constitutional guarantees of free expression and free exercise of religion.

RLUIPA Held To Authorize Some Damage Claims Against Prison Officers

Last week, an Illinois federal district court decided the question of what kinds of damages are available to prisoners suing prison officials under the Religious Land Use and Institutionalized Persons Act. In Agrawal v. Briley, 2006 U.S. Dist. LEXIS 88697 (ND IL, Dec. 6, 2006), the court held that RLUIPA authorizes claims for monetary damages against state officials in their individual capacities. Nominal and punitive damages are available, but claims for compensatory damages are barred by the Prison Litigation Reform Act when the prisoner alleges only mental or emotional injury, unaccompanied by physical injury.

Australian Appeals Court Reverses Hate Speech Findings Against Christian Pastors

In Australia, the Victoria Court of Appeals yesterday decided Catch the Fire Ministries, Inc. v. Islamic Council of Victoria, (Vic. Ct. App., Dec. 14, 2006), remanding the case for it to be determined by a differently constituted panel of the Victorian Civil & Administrative Tribunal. The court held that the Tribunal had improperly interpreted a key provision of Victoria's Racial and Religious Tolerance Act when it found that two Christian pastors had illegally vilified Muslims. The charges stemmed from comments made by Pastor Daniel Scott at a seminar on Islam sponsored by Pastor Danny Nalliah's Catch the Fire Ministries, and comments in an online newsletter. (See prior posting.) The pastors had been ordered to correct their statments and issue an apology.

Sec. 8(1) of the Act provides that "A person must not, on the ground of the religious belief or activity of another person or class of persons, engage in conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of, that other person or class of persons." The appeals court held that this section is not focusing on "a causal connection between the religious belief or activity and the conduct engaged in; but rather pertains to the question of whether an audience was incited to hatred of a particular person or class of persons because of the religious belief or activity of such person or class." Perth Now covers the decision.

School Board Settles Suit With Christian Rock Bank

Today's Toledo Blade reports that the Rossford, Ohio school board yesterday voted 3-1 to settle a lawsuit that had been brought against it by four of the members of a Christian rock band whose performance at a high school anti-drug assembly was cancelled by the school superintendent. (See prior posting.) The superintendent was concerned that the performance might be seen as promoting of religion. The trial court upheld the superintendent, but when the band appealed to the 6th Circuit, the board decided to give up the fight. (See prior posting.) The settlement provides that the trial court's decision-- and thus the precedent it sets-- will be vacated and the school board will amend its policy on school-sponsored productions to provide that "neither the board nor any teacher or administrator may disfavor or discourage a district-sponsored or school-sponsored publication or production on an otherwise suitable topic merely because of the speaker’s status or reputation for holding or advocating a particular religious belief or perspective." However, the settlement does not provide for the band to perform at Rossford High School. The suit is complicated by the fact that School Board President David Kleeberger's son is a member of the rock band, though he was not one of the plaintiffs. (See prior posting.)

Lansing, MI Council Debates Religious Exemptions From Human Rights Law

Members of Lansing, Michigan's city council are talking with religious leaders as they attempt to draft a broad human rights ordinance prohibiting discrimination in housing, employment, public facilities and public accommodations. Lansing's City Pulse reports that while religious leaders agree that the ordinance is needed, leaders of local Roman Catholic churches and a number of African-American clergy have concerns over the scope of exemptions for religious institutions from provisions prohibiting employment discrimination against gays, lesbians, bisexuals and transgendered persons. Bishop David Maxwell, vice president of the Clergy Forum of Greater Lansing and director of the Mayor's Office of Faith Based Initiatives says that the original draft of the law exempted religious organizations' hiring of officers, religious instructors and clergy from the law. However, Black pastors also want an exemption for hiring of staff or others that act contrary to a church's moral belief. Council's General Services Committee is now proposing an amendment that would provide: "It is permissible for a religious organization or institution to restrict employment opportunities, housing facilities or public accommodations that are operated as a direct part of religious activities to persons who conform with the moral tenets of that religious institution or organization"

Last week, representatives of the Catholic Diocese of Lansing asked for even broader exemptive language in the ordinance. They proposed a provision that would read: "This ordinance does not limit the right of an individual or an organization of any kind to speak, write, assemble, act or refrain from acting in accordance with religious belief." Councilwoman Kathie Dunbar, who introduced the ordinance, rejected this proposal as discriminatory.

Teaching Evolution Challenged In Russian Court

Maria Shreiber, a 15-year old student in St. Petersburg, Russia, has sued the city's education committee claiming that the treatment of evolution in the 10th-grade biology textbook used at the Cervantes Gymnasium is offensive to believers. The suit says that the book refers negatively to religion and the existence of God. At a court hearing on Monday, the girl's father argued that the biology textbook should be revised to reflect alternatives to evolution. An Associated Press report on the case says this is the first lawsuit of its kind in Russia.

European Parliament To Consider "Charter of Muslim Understanding"

This week the European Parliament will be presented with a "Proposed Charter of Muslim Understanding" authored by Sam Solomon, a Sharia law expert. According to this week's Human Events, the document, which backers hope will be signed by European groups representing Muslims, calls on Muslims to respect other religions, promote the precedence of national laws over Sharia, and respect the Western traditions of freedom of belief and expression. Reporting on the proposal, today's Jerusalem Post quotes London Member of the European Parliament, Gerard Batten, who will introduce the proposal: "The views of so-called fundamentalists who believe in Islamic theocracy are simply incompatible with Western liberal democracy..."

Diocese, Insurers Argue Over Release Of Church Records

In Pittsfield, Massachusetts yesterday, a Berkshire Superior Court judge heard arguments by insurance companies that they should have access to 7,500 pages of records held by the Roman Catholic Diocese of Springfield. The insurers claim they need the documents to determine how the diocese has historically handled claims of sexual abuse by its priests in order to determine if claims against the diocese are "accidents" as defined in its insurance policies. Today's Springfield Republican reports on the case. John J. Egan, a lawyer for the diocese, said that the documents come under the state's statutory "spiritual counseling" privilege, as well as under the constitutional protection for the free exercise of religion. He said that some of the priests who faced possible expulsion from the priesthood were being counseled about the sacrament of Holy Orders. The insurers say the documents do not have anything to do with spiritual counseling.

High School's Use Of Church For Graduation Questioned

In Enfield, Connecticut, the ACLU has questioned plans by school officials to hold the 2007 graduation ceremony for Enrico Fermi High School at the First Cathedral of Bloomfield. Today's Hartford Courant says that in a letter to school officials, the ACLU asks authorities to find a neutral venue for graduation, claiming that using the church violates the Establishment Clause. The Board of Education Committee that chose First Cathedral says that it offered the most room and services for least cost, and that the church would remove religious artifacts for the graduation.

Romanian Council Says Religious Symbols Should Be Removed From Schools

Ekklesia yesterday reported that in Romania churches have criticized a Nov. 21 ruling by Romania's National Council for Combating Discrimination. The ruling called for a ban on most religious symbols in schools. A complaint was filed before the Council by a parent, Emil Moise. He said that Orthodox icons in his daughter's classroom at Margareta Sterian Art High School in Buzau violated the constitutionally protected right of freedom of conscience and religion and the principle of separation of church and state. In response, the Council ruled that the education ministry should "prevent discrimination towards agnostic pupils" by requiring schools to limit faith symbols to religious education classes and to "spaces specially assigned for religious instruction". The Prime Minister has referred the Council's ruling to Parliament. This Wikipedia article discusses the ruling at length.

Utah Pardons Board Cleared Of Religious Favoritism Charge

In Granguillhome v. Utah Board of Pardons, [scroll to pg. 76] (D UT, Dec. 7, 2006), a Utah federal district court rejected claims by inmates at a Utah state correctional facility that the state's Board of Pardons and Parole has given preferential treatment to sex offenders who are members of the Church of Christ of Latter Day Saints. The court held that plaintiffs had failed to produce sufficient evidence to support their Free Exercise claim. The court also rejected plaintiffs' Establishment Clause claims. It found one instance of the Board's questioning of an inmate about his religious beliefs to be troubling, but said that there is no evidence that this kind of questioning is routine.

Student's Right To Sing "Awesome God" In Talent Show Upheld

On Monday, a federal district court in New Jersey held that a second-grade student's free expression rights were violated when her elementary school refused to permit her to sing "Awesome God" in an after-hours school wide talent show. (Alliance Defense Fund release.) The school had said that the overtly religious message and proselytizing nature of the song made it inappropriate for the show. In O.T. v. Frenchtown Elementary School District Board of Education, (D NJ, Dec. 11, 2006), the court held that the limited oversight of the talent show by the school meant that the performance could not be considered school-sponsored speech. The court held that the school board was prohibited from engaging in viewpoint discrimination in the talent show, regardless of whether it is categorized as a limited public forum or a non-public forum. Finally it distinguished this case from cases involving prayers at school graduations and concluded that the talent show did not create Establishment Clause problems. Today's Newark Star-Ledger reports on the case, pointing out that the ACLU filed an amicus brief in the case in support of the student's right to perform the song.

California Pastor Cleared Of Anti-Muslim Hate Charges

In Palmdale, California, Pastor Audie Yancey, a retired U.S. Marine Corps veteran, was cleared of hate incident charges that had been filed against him before the Antelope Valley Human Relations Task Force. A Muslim cleric filed the charges after Yancey, at a Palmdale City Council meeting, while holding a copy of the Quran handed out 200 copies of a gospel tract that read: "Remember 9/11: In the name of Allah they brought destruction and death to thousands. In the name of Jesus Christ you can have eternal life." USA Religious News, reporting on the case yesterday, quoted Pacific Justice Institute president Brad Dacus who hailed the ruling, saying: "If we allow Islamic clerics to silence pastors and Christians in this country, then we have lost, without question, not only the war against terrorism but, even more importantly, the war against Christianity and religious freedom."

Minister Uses Invocation To Lobby Against Civil Union Bill

What are the appropriate limits on the content of an invocation opening a legislative session? The Newark Star-Ledger yesterday reported that Rev. Vincent Fields, pastor of Greater Works Ministries, offered a controversial prayer at the opening of the New Jersey Senate on Monday. Just as the Senate's Judiciary Committee approved legislation to allow gays and lesbians to form civil unions with the same rights as married couples, the minister in his invocation said: "We curse the spirit that would come to bring about same-sex marriage." Sen. Loretta Weinberg, sponsor of the civil union bill, said that it is inappropriate to use the invocation to lobby for or against legislation.

UPDATE: New Jersey Senate President Richard Codey said that Rev. Fields will not be invited back to deliver an invocation. In the past, Fields has also been criticized for not keeping his invocations non-sectarian. (Newark Star-Ledger, Dec. 13.)

Suit Seeks Permission For Creche In Village Park

Henry Ritell, a Catholic resident of the Village of Briarcliff Manor, New York, has filed suit seeking a temporary injunction to permit him to put up a creche in Law Park. Briarcliff Manor has its own holiday display in Law Park that includes a "Peace on Earth" banner and a 9-foot Menorah. The suit was announced yesterday by the Alliance Defense Fund. The complaint alleges that the village's refusal of Ritell's request violates Ritell's free speech, free exercise of religion and equal protection rights under the U.S. and New York constitutions.

Investigation Requested Of Christian Video Filmed Inside Pentagon

Yesterday, the Military Religious Freedom Foundation asked the Defense Department's inspector general to investigate a video produced by Christian Embassy featuring endorsements of the group by high-ranking active-duty military officers in uniform. Christian Embassy, formed 31 years ago to promote Christian values among government officials, holds weekly meetings throughout the Pentagon. The Associated Press reports that much of the 10-minute video was filmed inside the Pentagon, with permission from the Defense Department. Robert Varney, executive director of the Christian Embassy, says that his group will add a disclaimer to the video telling viewers that the group does not represent the government or any federal agency.

UPDATE: The Military Religious Freedom Foundation has expanded its Freedom of Information Act request to the Pentagon, asking it to also look into whether it gave Christian Embassy office space or other accommodations in the Pentagon. Christian Embassy says it received no special treatment. Meanwhile Christian Embassy has removed the controversial video from its website. (ABP News, Dec. 14).

Minister Sues Police After Arrest For Disciplining Children

The Associated Press yesterday reported on a lawsuit filed last month in federal court in New Haven, Connecticut against two police officers by a minister claiming false arrest, malicious prosecution and the violation of his First Amendment right to the free exercise of religion. Rev. Walter Oliver had been charged with assault and risk-of-injury charges in 2001 for beating two children with a belt because they disobeyed their mother. A jury acquitted him after he claimed that the spankings were meted out with the permission of the boys' mother and were done to carry out God's law. Rev. Oliver points to the verse from Proverbs 23:13-14: "If you beat him, he will not die, but you will save his soul from hell."

California Church Claims Marijuana Use Is Protected

California Newswire yesterday reported on the arrest last month of Reverend Craig X Rubin, leader of Temple 420 that believes its members receive communion by burning marijuana as a sacramental herb. After an undercover agent purchased 3.5 grams of sacrament, "PurpleErkle", at the church Rubin was arrested, the supply of the sacrament was seized, and the church's financial assets were frozen. Rubin claims that under the U.S. Supreme Court's 2005 ruling in the O'Centro case, their use of marijuana is a protected practice of religion.

Land Use Dispute- Is It a House of Worship Or A School?

The Journal-News reported yesterday on a religious land use controversy in Ramapo, New York. Rabbi Chaim Rottenberg wants to remodel a two-story home into a synagogue to be used by about 25 to 30 young men for religious services, prayers and study. Deputy Building Inspector Steve Conlee has decided that the building will not fall under the category "house of worship", but instead will be a "school of religious instruction" which requires at least a 2-acre lot under the county's zoning code. Neighbors object to the project, and now proponents will either need to seek a review of Conlee's decision or seek a variance from the town's Zoning Board of Appeals if it does not change its building plans. The town's Planning Board meets again in January to discuss site plan approval.

Hearing Officer Recommends Rejection Of Complaint About Harry Potter

The Atlanta Journal-Constitution today reports that Georgia's State Board of Education is considering a draft opinion from a hearing officer rejecting a parent's complaint over Harry Potter books in a Gwinnett County school libraries. Laura Mallory had argued the Harry Potter books promote witchcraft and the Wicca religion. At the state appeal hearing on her request, Mallory argued that the books encourage children to perform spells and feature characters who lie, cheat and steal and are not punished. The hearing officer's opinion says that Mallory failed to show that the Gwinnett County school board broke any laws or abused its discretion in refusing to ban the books. Mallory's evidence, the opinion says, consisted of unverified hearsay that she obtained from the Internet. Mallory may appeal to Gwinnett County Superior Court if the hearing officer's decision is accepted by the Board. (See prior related posting.)

UPDATE: On Thursday, the State Board of Education, without discussion, voted to accept the hearing officer's recommendation. Laura Mallory is considering whether to file an appeal. (AP).

New Official Declines County Tradition of Oath Affirming Belief In God

The Frederick (MD) News-Post yesterday carried an op-ed about the decision of new county commissioner Kai Hagen who, in being sworn in, asked that a statement declaring his belief in the existence of God not be included. Circuit Court Clerk Sandra Dalton says that taking the oath with that addition as been a "Frederick County tradition", but it is fine with her if a commissioner does not want to include it. Two alderwomen who declined to include the statement when they were sworn in last year said that their refusals were about separation of church and state. News-Post columnist Joe Volz says: "it seems to this commentator that if a public servant declines to take an oath supporting God, he should be more than willing to explain his position."

Seattle Airport May Rethink Its Removal Of Christmas Trees

Fifteen Christmas trees were displayed at Seattle's Sea-Tac Airport until late last week, but they were taken down last Thursday. Today's Seattle Post-Intelligencer reports than in October, a representative of Chabad Lubavitch began talking with the airport about placing an 8-foot tall Menorah beside the largest of the Christmas trees. When the Port of Seattle Commission did not move ahead with the request, Chabad threatened to sue. The airport's response was to remove its Christmas trees. Rabbi Elazar Bogomilsky says that this was not the response that his organization wanted, and that it will not be filing a lawsuit. Airport officials claim that they took the step because they were threatened with nearly immediate litigation. There appears to be some disagreement over when the possibility of litigation was mentioned. But, at any rate, many feel that this was an over reaction, and it is likely that tomorrow the Port Commission will authorize the trees to go back up along with decorations recognizing other holidays as well. Commissioner Bob Edwards said: "It's an international gateway -- why not celebrate other cultures?"

UPDATE: The Seattle Times reported on Tuesday that the Christmas trees went back up in Sea- Tac Airport overnight. Authorities agreed to discuss ways to represent all faiths in next year's display.

Student Loses Religious Discrimination Suit Against Private University

In Schumacher v. Argosy Education Group, Inc., (D MN, Dec. 6, 2006), a Minnesota federal district court rejected religious discrimination claims by a Christian student who was dismissed from a graduate psychology program at Argosy University, a private college, because of his verbal impulsivity and lack of social awareness. The student alleged that the faculty was biased against him because of his evangelical Christian religious views, and particularly his views opposing homosexuality. The court rejected his argument that the school was engaged in "state action" because it acted as a "gatekeeper" for state licensing of psychologists. Absent state action, the school's decisions were not subject to federal or state constitutional limitations. As to statutory discrimination claims, the court found that there was no evidence that the student was discriminated against on the basis of religion. Instead, it found that he was dismissed for academic reasons. The court also rejected breach of contract and defamation claims.

Ohio Governor Will Appoint Evolution Backers To State School Board

Ohio's state Board of Education is comprised of 19 members, eight of whom are appointed by the Governor. Outgoing governor Bob Taft has four appointments to make, and last week he told reporters that he would only appoint individuals who support the teaching of evolution. The Columbus Dispatch reported last week that Taft said this is one of the lessons he has learned. All but one of the board members elected by the voters in November are backers of teaching evolution. (See prior posting.) [Thanks to Dispatches from the Culture Wars for the lead.]

Maldives Rejects Supreme Islamic Council

Minivan News reports that in the Maldives, the interim Constitutional Parliament today rejected a proposal for an Iran style Supreme Islamic Council with power over all other state institutions. Currently, the Maldives has a Supreme Council of Islamic Affairs operating under the authority of the President.

Preliminary Injunction In Michigan Church Dispute

The AP today reports on a preliminary injunction issued on Nov. 27 by Kalamazoo, Michigan County Circuit Judge J. Richardson Johnson giving the Western Michigan Conference of the United Methodist Church access to the building of the Lane Boulevard Church over the objection of members of the congregation who voted to remove "Methodist" from the church's name. The church was originally independent, but later joined the Evangelical United Brethren Church which in 1968 merged with the United Methodist Church. That makes the church subject to the hierarchical authority of the United Methodists. However the congregation has been at odds with the United Methodists over management issues and the movement's liberal social positions. The move to leave the United Methodist movement was triggered by the denomination's plan to remove the congregation's pastor. The dispute will come to trial next year.

Statue of Pope Raises Church-State Issues In France

In the French town of Ploermel, a new statue of Pope Paul II is raising controversy. The International Herald Tribune yesterday reported that the statue was unveiled this weekend on a square named for the Pope after his death last year. Opponents argue that the statue violates France's 1905 law on separation of church and state. The town's mayor says that the statute was a gift from the artist and that no public funds were used for it. However a group trying to block the statue says that the town approved spending $172,00 for the statue's construction and the inauguration ceremony.

New Articles of Interest

From SSRN:
Donald B. Tobin, Political Campaigning by Churches and Charities: Hazardous for 501(c)(3)s; Dangerous for Democracy, (forthcoming Georgetown Law Journal).

Linda C. McClain, God's Created Order, Gender Complementarity, and the Federal Marriage Amendment, (Brigham Young University Journal of Public Law, Vol. 20, 2006).

Noya Rimalt, Equality with Vengeance- Women Conscientious Objectors in Pursuit of a “Voice” and Substantive Gender Equality , (Columbia Journal of Gender and Law, Vol. 16, No. 1, 2006).

From Bepress:
Nathaniel J Odle, Privilege through Prayer: Examining Bible-Based Prison Rehabilitation Programs under the Establishment Clause, (Dec. 1, 2006).

From SmartCILP:
Arskal Salim, The Influential Legacy of Dutch Islamic Policy on the Formation of Zakat (Alms) Law in Modern Indonesia, 15 Pacific Rim Law & Policy Journal 683-701 (2006).

Symposium Issue: World Views Collide. Articles by Hon. Richard F. Suhrheinrich, Ryan R. Wilmering, Jay Alan Sekulow, Erik Michael Zimmerman, Jeffery J. Ventrella, David A. Friedman, Nadine Strossen and Marvin N. Olasky. 23 ThomasM. Cooley Law Review 1-156 (2006).

Bible Briefly In Jury Room Does Not Result In Mistrial

In Columbus, Mississippi, attorneys for Kristi Leigh Fulgham failed in their call on Saturday for a mistrial after Bailiff James Austin complied with a juror's request to leave a Bible in the jury room during jury deliberations. Yesterday's Columbus Commercial Dispatch reports that the Bible was in the jury room for only 15 minutes at the beginning of the jury's deliberations on whether Fulgham should receive life in prison or the death sentence for the murder of her husband in 2003. The jury returned a sentence of death by lethal injection. Bailiff Austin, a minister, said he regrets his actions.

Pope Addresses Legal Experts On Secularism

AGI yesterday reported on an address by Pope Benedict XVI to the Union of Italian Catholic Law Experts. The Pope's topic was secularism. The Pope said: "We must demonstrate that without God man is lost and that the exclusion of religion from social life, in particular the marginalization of Christianity, ruins the foundations of human coexistence," that "before having a social and political nature it has a moral nature."

White House Projects Largely Secular Christmas So Far

Those who follow church-state issues closely like each year to examine the White House's public celebration of Christmas to see how religious it is in content. This year, so far the secular and commercial elements of Christmas seem to clearly outweigh the religious ones in the White House celebration. This year's White House theme is Deck the Halls and Welcome All.

Prominently featured on the White House website is an amusing video titled Barney's Holiday Extravaganza. Barney is the President's dog-- a Scottish terrier, and apparently this is his eighth video . The short movie stars the President and Mrs. Bush, Press Secretary Tony Snow, Karl Rove, Treasury Secretary Henry Paulson, OMB Directory Rob Portman, Education Secretary Margaret Spellings, country music star Dolly Parton, football and reality show star Emmitt Smith, and others. The only religious element in the video comes from a close focus on some of the instrumental musical score. Interestingly the White House furnishes a link to the iTunes website, apparently for members of the public who wish to legally download the music.

This year's White House Christmas card has just been sent out. Wall of Separation blog goes to great lengths to point out that the card does not mention the word "Christmas", and includes a quotation from Psalms ( "Thy word is a lamp unto my feet, and a light unto my path"), but nothing from the New Testament. The card is not yet on the White House website, but is available online from U.S. News & World Report.

The one exception to the overwhelmingly secular and commercial celebration of the holidays by the White House was the President's remarks at the lighting of the National Christmas Tree last Thursday. His statement, while largely non-religious in nature, included these lines: "Christmas is a season of glad tidings, and a time when our thoughts turn to the source of joy and hope born in a humble manger 2000 years ago... We come together to celebrate a simple and inspiring story. It's a story of a miraculous birth in a humble place. It is a story of a single life that changed the world -- and continues to change hearts. And for two millennia, this story has carried the message that God is with us and He offers His love to every man, woman and child."

Some Challenge Brightness of Cross On Church Property

In Palm Desert, California, some residents think that a large cross on a hill next to an Episcopal church is too bright, and they are looking into the legality of the cross that is illuminated with 46,800 lumens of fluorescent light. Today's Palm Springs (CA) Desert Sun reports that the cross, lit with 39 13-watt fluorescent bulbs, can be seen for miles around. If built today, the cross would clearly violate city and county lighting ordinances. However, the predecessor to today's cross was put up 25 years ago, under a permit that allowed 40 light bulbs of 25 to 100 watts each. It is not clear whether required governmental approval was obtained when today's brighter version was put up 10 years ago.

Court Upholds Las Cruces School System Against Establishment Clause Challenges

In Weinbaum v. Las Cruces Public Schools, (D NM, Dec. 7, 2006), a New Mexico federal district court, after a bench trial, held that neither the use of a logo featuring a sunburst with three crosses on Las Cruces school vehicles, nor a mural created by elementary school students that depicts three crosses in its design, violates the Establishment Clause. The court found that the primary purpose of the logo on Las Cruces school district maintenance vehicles was to make them readily identifiable. The mural's design originated with children in a secular arts-based educational program. The court pointed out that the name "Las Cruces" means "The Crosses", and probably refers to crosses placed on the graves of massacre victims in the area. Today's Las Cruces Sun-News reported on the decision. (Also see prior posting.)

Sharia Compliant Investing Uses World's Commodities Markets

A report today from Reuters highlights a trend that may ultimately pose questions for U.S. financial regulators. Islamic investors, whose religion forbids them from investing in many conventional financial products, have begun to place substantial amounts of money into the commodities markets. Islamic law allows financial returns only from genuine business activities. So banks, instead of paying interest, will sell a Muslim investor commodities at a discount that equals what would otherwise be paid as interest on the investor's funds. The investor immediately resells the commodity at a profit. This legal fiction satisfies the requirements of Sharia, though some Islamic scholars are unhappy about arrangements where legal title changes on paper, but commodities never physically move between buyers and sellers. Trades are usually carried out on the London Metal Exchange.

Religious Rehab Programs In US Prisons Examined

Sunday's New York Times carries a long article on governmentally-financed religious programs in state and federal prison facilities. The article, Religion for Captive Audiences, With Taxpayers Footing the Bill, is another of a series of articles by Diana Henriques (this one co-authored by Andrew Lehren) on governmental support for religious programs and organizations. (See prior postings 1, 2.)

UPDATE: Sunday's Lawrence (KS) Journal-World reports that likely presidential candidate Sen. Sam Brownback spent Friday night in the Louisiana State Penitentiary to promote faith-based programs n prisons.

Pennsylvania Supreme Court Won't Review Catholic Student Center

On Nov. 21, the Pennsylvania Supreme Court denied review in Diocese of Altoona-Johnstown v. Zoning Hearing Board, a case in which the appellate court held that a proposed Catholic Student Center at Penn State University should be classified for zoning purposes as a structure that will primarily be used as a place of worship, even though portions of the building would be used for other purposes as well. (See prior posting.) The Centre Daily Times today reports on the decision and the disappointed reaction of neighbors who were trying to keep the university facility our of their residential neighborhood.

Britain's Blair Calls For More Cultural Integration of Religious Groups

The AP reports that in Britain today, Prime Minister Tony Blair pressed for greater cultural integration of immigrants. He announced that grants to religious groups would only be given to those that promote understanding between different sectors of society. He said that all faith schools should team up with schools teaching a different religion and supported laws that require preachers arriving in Britain from overseas to be able to speak English.

Defendant Sues To Reverse Sentence To 12-Step Program

In October, Mindy Gayle Offutt pled guilty in a Rogers, Arkansas state court to a misdemeanor charge of possessing a controlled substance. Trial judge Doug Schrantz gave Offutt a 30 day suspended jail sentence and ordered her to attend 12 Narcotics Anonymous meetings. The suspension of the sentence would be revoked if she failed to attend. The Northwest Arkansas Morning News reports that yesterday in federal court in Fayetteville, Offutt sued to obtain an injunction so she is not forced to go the NA 12-step program (as well as damages). She claims that the program has a religious theme and that all participants are required to pray at the end of each session. She says that the First Amendment prohibits government from forcing anyone to participate in a religious activity.

Pakistan's Supreme Court To Hear Challenge To Agreement With UK On Child Custody

The United Kingdom-Pakistan Judicial Protocol on Children Matters is being challenged in Pakistan's Supreme Court. The Protocol provides that when a child is wrongfully removed from, or retained in, the UK or Pakistan, the courts in that country will not normally make decisions about residence (custody) or contact. Instead, they will order the child to be returned to his or her home country, so that the courts there can hear the case. (UK Foreign and Commonwealth Office summary.) However, according to the Pakistan Daily Times, today the Supreme Court will hear a case in which a father claims that principles of Islamic law should override the Protocol. At issue is a legal battle for custody of a British girl, now held by her father in Pakistan. The Lahore High Court had ruled that the girl should be returned to her mother. However her father says that Islamic law prohibits the girl being sent to her mother who is living in an adulterous relationship with another man. He claims that Pakistani law does not give effect to the Protocol.

Las Cruces Case Appealed To 10th Circuit

Yesterday's Las Cruces Sun-News reports that an appeal has been filed with the U.S. 10th Circuit Court of Appeals in Weinbaum v. City of Las Cruces, New Mexico. (See prior posting.) In the case, the trial court dismissed a claim that the city of Las Cruces had endorsed religion by adopting a logo that contains 3 crosses.

Israel-Vatican Commission Will Meet Shortly

Two meetings of the Israel-Holy See Permanent Bilateral Commission are scheduled in the near future-- one in December to be attended by experts, and a second in January to be attended by government ministers. They will deal with differences over the implementation of the 1993 Fundamental Agreement between the Holy See and the state of Israel. While mutual recognition treaties were signed by Israel and the Vatican in 1993 and 1997, negotiations on details have never been completed. Zenit yesterday reported that the Vatican hopes that these new negotiations will finalize an agreement to assure the Church ownership of Christian holy places, and to confirm the Church's tax exemptions. (See prior related posting.)

Bill To Protect Tithing In Chapter 13 Bankruptcies Passes Congress

A press release from the office of U.S. Senator Barak Obama reports that the House of Representatives yesterday passed the Obama-Hatch Tithing Bill, S. 4044. The bill protects an individual's right to continue reasonable charitable contributions, including religious tithing, while going through a Chapter 13 bankruptcy proceeding. Already passed by the United States Senate, the bill will now be sent to the President for his signature. The bill reverses the holding in a recent case that prevented the inclusion of tithes to a church or other charitable donations as "reasonably necessary" expenses for debtors in Chapter 13 who have incomes above their state's median.

Fallout Continues On Congressman Taking Oath Using Quran

At yesterday's White House press briefing (full text), Press Secretary Tony Snow was asked about last week's announcement by newly-elected Minnesota Congressman Keith Ellison that he intended to take his oath of office on the Quran. (See prior posting.) Here is Snow's exchange with a reporter (also covered by WorldNet Daily):

Q- Members of Congress, the Judiciary -- have been sworn in with a Bible since our nation began, including Jewish members, even though they don't subscribe to the New Testament. Now Congressman-elect Ellison of Minnesota has asked that he be sworn in with the Koran. And my question, the first of two: Does the President support this request, because he believes the Koran teaches nothing contrary to the freedoms in our Constitution? And if so, would he support the Book of Mormon being used to swear in LDS members of Congress if they ever ask for that?

MR. SNOW: That is an issue that the President does not need to adjudicate, and therefore, will not.

The Ellison debate was triggered by an article by conservative talk-show host Dennis Prager who insisted that Ellison should use a Bible for his oath of office. Yesterday the Council on American-Islamic Relations called on President Bush to rescind Prager's recent appointment to the U.S. Holocaust Memorial Council. The appointment, made last August, is for a term ending in 2011.

Religious Rhetoric Grows In Latin American Politics

A column in today's Miami Herald by Andres Oppenheimer reports that a growing number of Latin American politicians are embracing religion, or at lest pretending to do so. He cites examples from a number of countries, saying: "Many analysts see a growing political manipulation of religious fervor in the region, alongside a greater church influence in state affairs. Some fear that, much as in other parts of the world, religion will soon be used to fuel domestic and even regional confrontations."

Somalia Town Officials Threaten Beheading For Failure To Obey Prayer Mandate

In Bulo Burto, a town in southern Somalia, Islamic Courts officials are announcing over loud speakers that people need to pray five times a day. Public places such as shops and tea houses must close during prayer times and no one should be on the streets. Sheik Hussein Barre Rage, the chairman of the town's Islamic court, told the Associated Press yesterday that anyone who does not follow this edict "will definitely be beheaded according to Islamic law." The decision is not binding in other towns. The Council of Islamic Courts has occupied most of southern Somalia since taking over Mogadishu in June. (See prior posting.)

Ministerial Exception Applies To Connecticut Discrimination Statutes

Yesterday the Connecticut Appellate Court released its opinion in Rweyemamu v. Commission on Human Rights & Opportunities, (CT App., official release date Dec. 12, 2006), holding that the ministerial exception applies to preclude the state's Commission on Human Rights and Opportunities, as well as state courts, from exercising jurisdiction over a priest's racial discrimination claim against his diocese. The plaintiff, a black African ordained Catholic priest from Tanzania argued that he was passed over in favor of a less qualified white deacon for the position of parish administrator. Deciding an issue of first impression, the court held that the "ministerial exception" applies to Connecticut's employment discrimination statutes. In order to preserve First Amendment protections, secular institutions must defer to the decisions of religious institutions in their employment relations with their religious employees. The court also concluded that the state's Religious Freedom Restoration Act did not displace the ministerial exception. Yesterday's Stamford (CT) Advocate reported on the decision.

Articles Analyze Place Of Religion In Today's Europe

Two articles in today's papers explore the growing influence of religion in Europe. The International Herald Tribune carried an AP piece titled Church-State Relations Across Europe Heading Toward 'New Landscape'. Meanwhile Spero News carries a long analysis by Jytte Klausen titled Counterterrorism, Integration of Islam in Europe .

Peyote Damage Suit Against US, Utah, and County Dismissed

In Mooney v. United States [scroll to pg. 112] (D UT, Dec. 5, 2006), a Utah federal district court dismissed on sovereign immunity grounds a suit brought against the United States and the state of Utah for damages. Plaintiffs claim that they were being improperly prosecuted for using peyote in religious rituals. The court also dismissed plaintiffs' claims against Utah County, finding that there are no facts that show that the county has an official policy that infringes plaintiffs' right to use peyote in religious rituals. Yesterday's Salt Lake Tribune reports that the case stems from a dispute that began when police raided the Oklevueha Earthwalks church in Benjamin, Utah. (See prior posting.) There police seized 12,000 peyote buttons and charged the church's founders, James "Flaming Eagle" Mooney and Linda Mooney, with first-degree felonies. The charges were dropped after the Utah Supreme Court held that Utah law permits the use of peyote by members of the Native American Church, regardless of whether they are members of a federally recognized Indian tribe. (See prior posting.)

Indian Court Lets Dalits Enter Hindu Temple

In India on Tuesday, the Orissa High Court ruled that every Hindu, regardless of caste, has the right to enter any Hindu Temple. The ruling came in a case challenging the exclusion of lower-caste Dalits from the 300-year old the Jagannath Temple at Keredagada. Today's Zeenews reported on the decision.

Florida RFRA Challenge To Restriction On Feeding Homeless Dismissed

Today's Orlando (FL) Sentinel reports that a Florida federal district court has dismissed the challenge under Florida's Religious Freedom Restoration Act to to an Orlando ordinance that bans religious and charitable groups from serving meals to the hungry at the city’s Lake Eola Park and other areas downtown without first obtaining a special permit. Permits are available to any group or person only twice a year. (See prior posting.) The court said: "There are many ways to be charitable to the poor and homeless other than setting up large group feedings more than twice per year at Lake Eola Park." However this decision does not affect the First Vagabonds Church of God's First Amendment free expression challenge to the ordinance.

NYC Cop Sues City For Anti-Muslim E-Mail Harassment

In New York City, an Egyptian-born police captain in the city's elite anti-terrorism Cyber Unit has sued the city and a counter-terrorism adviser to the police department in federal court, charging them with religious discrimination. The suit involves daily e-mail briefings sent to the Intelligence Division by Bruce Tefft who worked for a company called Orion that provided the police with open source intelligence from its data base. The informational messages were preceded by virulent anti-Muslim and anti-Arab statements from Tefft. The city's contract with Orion ended in 2003, but Tefft on his own continued to send e-mail messages until the Department moved ineffectively to block them in 2005, and only succeeded in doing so earlier this year. The New York Daily News and the New York Times both cover the story.

Malaysia Courts Face Religious Dispute Over Custody Of Body

In Malaysia, last Wednesday Rayappan Anthony died at the Kuala Lumpur Hospital. The Star today reports on the complicated religious battle that ensued. When Rayappan's family went to claim his body on Thursday, Selangor Islamic Affairs Department officers stopped them, claiming Rayappan was a Muslim. On Friday, the Shah Alam Syariah High Court granted an application by the Selangor Islamic Religious Council (Mais) to claim Rayappan’s body but required Mais to get approval from the Federal Territory Syariah High Court. On Monday night, Rayappan's three daughters were subpoenaed to appear at a Syariah High Court hearing to present their contention that Rayappan returned to Christianity seven years ago. But the daughters refuse to appear, claiming that they are not Muslim and so are not subject to the court's jurisdiction. Instead, Rayappan’s 65-year-old widow, Lourdes Mary Maria Soosay, filed an application in the civil High Court in Kuala Lumpur asking for Rayappan's body to be released to her.

UPDATE: On Thursday, the Selangor Islamic Religious Council withdrew its claim to Rayappan's body for burial. Council chairman Mohamed Adzib Mohamad Isa said that after consulting religious experts, they determined that there was "overwhelming" evidence showing Rayappan was not a Muslim. (International Herald Tribune).

Pagan Group's Flyer To School Students Upsets Christians

Rob Boston at Wall of Separation blog has a posting that might have been titled "be careful what you wish for". Last summer, conservative Christians convinced the Albemarle County, Virginia School Board to open its so-called "backpack mail" to religious nonprofits, as well as secular groups, so flyers advertising a Vacation Bible School could be sent home with elementary school students. But now some Christian clergy and others are upset because some local Pagans who attend a Unitarian Universalist church have used "backpack mail" to distribute a flyer advertising a program that will "explore the traditions of December and their origins, followed by a Pagan ritual to celebrate Yule."One minister says this argues for placing Christian children in Christian schools or home schooling them.

West Virginia City Adds Jesus To City's Nativity Display

Last week, according to the AP, St. Albans, West Virginia put up the community's annual Festival of Lights holiday display. One of 350 light exhibits was a manger with shepherds, a guiding star, camels and a palm tree, but without baby Jesus, Mary or Joseph. The parks superintendent says the omission was out of concern over church-state issues, but Mayor Dick Callaway said it was for technical reasons-- it is difficult to create a baby out of lights in a small manger scene. At any rate, after the display received national publicity, the mayor and city council received critical e-mails and media inquiries from around the country. So, says yesterday's Charleston Gazette, Mayor Callaway informed city council on Monday that he had instructed the city’s parks officials to install a figure of the Christ child in the nativity scene. However he expressed puzzlement since the nativity scene without Jesus had been up for the last six years without a complaint.

Christian Fraternity Sues University Of Georgia

Another lawsuit pitting a Christian student group against a university attempting to enforce antidiscrimination provisions has been filed-- this time against the University of Georgia. Beta Upsilon Chi (BYX) is a fraternity of Christian male college students that requires its members to profess faith in Jesus Christ and to affirm a fundamentalist Christian doctrinal statement. The University of Georgia refused to re-register BYX as a recognized student organization in 2006 because the fraternity will not extend membership and eligibility for officership positions to all students regardless of religion. Yesterday, the Christian Legal Society and the Alliance Defense Fund filed suit on behalf of BYX (press release). The complaint (full text) alleges that the University's refusal violates BYX's rights to freedom of association, freedom of speech and expression, free exercise of religion and equal protection of the law. The case is Beta Upsilon Chi v. Adams, (MD GA, Dec. 5, 2006).

UPDATE: On Thursday, the University of Georgia agreed to recognize BYX as a registered student organization, and to exempt it from the University's non-discrimination and anti-harassment policy . (ADF Release). In its letter to BYX's attorney, the University said it will review its student organization policies in the near future. [Thanks to Joseph Knippenberg for the lead.]

Israel's Labor Court Holds Law Against Saturday Work Applies to Kibbutz

Israel's National Labor Court today ruled unanimously that the Israeli labor laws prohibiting Jews from working on Saturday apply to stores in kibbutzim. The decision is covered by Haaretz and by Arutz Sheva today. The opinion quotes early labor leader Berl Katznelson and Israeli writer Haim Bialik on the importance of the Sabbath to Israeli society and Israeli workers. The decision reverses a contrary holding by a Regional Labor Court that had voted to to rescind the charges against Kibbutz Tzora and six of its members.

UPDATE: YNet News on Wednesday reported that many small businesses operating on kibbutzim are angry at the Labor Court's ruling.

Jackie Mason Settles Suit With Jews For Jesus

Comedian Jackie Mason yesterday dropped his $2 million lawsuit against Jews for Jesus in exchange for an apology from the group, according to an Associated Press report today. The New York Times reports that the settlement was reached after about 45 minutes of negotiation in the judge's chambers. Last month, a New York federal district court denied Mason's request for a preliminary injunction in his suit claiming that Jews for Jesus had misappropriated his image for advertising and trade purposes. (See prior posting.) Mason objected to a pamphlet put out by JFJ featuring his image next to the words "Jackie Mason ... A Jew for Jesus!?" with information inside on similarities between Jews and Christians. JFJ's letter offers "sincere apologies for any distress" the pamphlet had caused, and says that JFJ is "willing in the interest of ahavat yisrael [love of Israel] and shalom [peace] to retire this particular evangelistic tract."

Developments In India On Claims For Equal Treatment Of All Religious Groups

This week saw developments in two ongoing controversies involving the government of India's relationship with disparate religious groups.

IANS reports that on Monday, the Delhi High Court notified the government of a suit that has been filed challenging government subsidies given exclusively to Haj pilgrims. The suit asks that other religions get similar treatment. It seeks grants for Hindus for their pilgrimage to Amarnath and Mansarovar, for Sikhs for their pilgrimage to Nankana Saheb, for Buddhists to offer prayers at Sarnath, for Christians for their journey to Rome, and for Jains to visit their shrines. The suit argues that Articles 14, 15 and 17 of the Indian Constitution prohibits the government giving benefits to one particular religion. A challenge to Haj subsidies was filed in the Allahabad High Court in Uttar Pradesh earlier this year. (See prior posting.)

Meanwhile The Hindu reports that on Monday, in an unruly session of Uttar Pradesh's Assembly, the government introduced a resolution demanding an amendment to the country's Constitutional (Scheduled Caste) Order, 1950 to include Dalit Muslims and Dalit Christians, along with Dalit Hindus, in the "Scheduled Caste" category entitled to special benefits. This would involve deleting Section 3 of the Order. Proponents claim that denial of benefits to Dalit Muslims and Christians violates Articles 14, 15 and 16 of the Constitution.

Controversial Science Policy In A Louisiana School System

The Associated Press reported last week that the Ouachita Parish, Louisiana school board has adopted a controversial new policy on the teaching of science. The policy says that the district "understands that the teaching of some scientific subjects such as biological evolution, the chemical origins of life, global warming and human cloning, can cause controversy and that some teachers may be unsure of the district's expectations concerning how they should present information on such subjects.... [Therefore]teachers shall be permitted to help students understand, analyze, critique and review in an objective manner the scientific strengths and weaknesses of existing scientific theories pertinent to the course being taught." Barry W. Lynn, executive director of Americans United for Separation of Church and State, says this is an invitation for teachers to talk about creationism and intelligent design. [Thanks to Wall of Separation for the lead.]

Court Says Chabad Can Pursue Russian Government For Manuscripts

Yesterday a federal district court in Washington, D.C. gave a significant-- but not total-- victory to a Chabad organization in its efforts to get back collections of its Jewish religious books and manuscripts that fell into the hands of the Soviet Union during the 1917 Bolshevik Revolution and then were the subject of extensive legal proceedings in the Soviet Union. In Agudas Chasidei Chabad of United States v. Russian Federation, (DDC, Dec. 4, 2006), the court held that the Foreign Sovereign Immunities Act is not a bar to Chabad's suit to recover the so-called "Archive"-- 25,000 pages of Chabad Rebbes' handwritten teachings, correspondence, and other records. The expropriation exception to FSIA applies because the Archive was taken in violation of international law by the Nazis in Poland during World War II, and then seized by the Soviet Army from the Nazis in 1945, again in violation of international law.

However the court did dismiss Chabad's attempt to also recover its "Library" -- a collection of 12,000 books and 382 manuscripts that date back to 1772. Both FSIA and the act of state doctrine preclude the court from having jurisdiction over this claim because taking of the Library, which took place in the 1920s, did not violate international law.

The New York Sun and the Associated Press cover the decision. The AP report says that Chabad is delighted with the decision. Its main concern was the Archive. The Library apparently is being preserved in Russia by the Russian government under an agreement it made with the U.S. in 1993, though Chabad charges that Russia is not complying with its obligations under the agreement. Bloomberg yesterday, however, reported that Chabad is considering whether to appeal this part of the court's decision

City Operation Of Music From Church Steeple Challenged

In Jewett City, Connecticut, the state chapter of American Atheists is complaining about a loud speaker and CD player that was installed by the borough in the steeple of a Baptist Church located on the town's main street. The New London (CT) Day reported on the controversy last week.

Ten years ago, the town spent some unused grant monies for the equipment that is used to play music each hour, and to broadcast church bells on each quarter-hour. The town, and not the church, is responsible for the equipment and the choice of music. Most of the music played in non-religious. However, at the request of the borough treasurer, the nine o'clock selection each morning is Onward Christian Soldiers. And in the winter, religious Christmas songs are included in the repetoire. Some residents are concerned that the volume of the music is too loud. But American Atheists is concerned with the church-state issues in the town's operation of the equipment. It wants the town to sell the equipment to the church and have the church take control of the music. However the church is not interested.

Russia Sues In French Court Over Church Ownership

Interfax reports today that the Russian government has filed suit in a French court to confirm that the Russian State is the only legitimate owner of the land under the Russian Orthodox St. Nicholas Cathedral in the French city of Nice. In the petition filed on November 13, the Russian government also claims ownership of the church's facilities and property. Sergey Parinov, press secretary of the Russian embassy in France, said the dispute is purely a property dispute and has nothing to do with the relations between the Patriarchates of Moscow and Constantinople.