President Announces Pick For Assistant AG For Civil Rights

The White House announced yesterday that President Bush intends to nominate Grace C. Becker to head the Civil Rights Division of the Department of Justice. Becker currently serves as Deputy Assistant Attorney General in the Division. Previously Becker had been Associate Deputy General Counsel at the Department of Defense and a prosecutor with the Department of Justice. Earlier she clerked for DC Circuit Judge James L. Buckley and DC District Judge Thomas Penfield Jackson. A biographical sketch of Becker on the website of The Institute for Corean-American Studies has additional information. Becker will replace Wan J. Kim who resigned in August. (See prior posting.) In recent years, the Civil Rights Division has shown an increased interest in religious liberty issue. (See prior posting.) [Thanks to How Appealing for the lead.]

Pennsylvania's Coverage of Gays In Hate Crime Law Struck Down

In 2004, members of the Christian group Repent America were arrested by Philadelphia police on charges including ethnic intimidation because of a confrontation during their preaching and picketing at OutFest, a gay pride festival. They subsequently filed suit challenging the constitutionality of Pennsylvania's ethnic intimidation law that was amended in 2002 to add sexual orientation and several other categories to its previous coverage of crimes committed because of race, religion or national origin. Yesterday in Marcavage v. Rendell, (PA Commnw. Ct., Nov. 15, 2007), the Pennsylvania Commonwealth Court, in a 6-1 decision, struck down the statute because of the legislative procedures used to enact it. The Commonwealth Court is one of Pennsylvania's intermediate appellate courts.

Art. I, Sec. 3 of Pennsylvania's constitution provides that "no bill shall be so altered or amended, on its passage through either House, as to change its original purpose." The court held that the ethnic intimidation amendments, that began as a bill to criminalize crop destruction, violates this constitutional provision because the final provisions bear no nexus to the conduct at which the original legislation was directed. Reporting on the decision, today's Philadelphia Enquirer says that Pennsylvania Governor Ed Rendell has called on the legislature to re-enact the invalidated provisions.

Head Start Reauthorized With Prohibition On Religious Discrimination In Bill

Blog from the Capital reports that H.R. 1429, the Head Start for School Readiness Act, was passed in final form by Congress and sent to the President on Wednesday, leaving in it the anti-discrimination provision that had been the subject of extensive debate in the House. (See prior posting.) Some House members had backed amendments to allow religious preferences in hiring by Head Start programs.

Deviant Islamic Sects Are Being Banned By Indonesian Government

Yesterday's International Herald Tribune reports on arrests in Indonesia of several unorthodox Islamic leaders and the banning of their organizations, even though the country's Constitution (Art. 29) guarantees freedom of religion. On Nov. 9, the Indonesian Supreme Court sentenced Abdul Rachman, a leader of Lia Eden, to three years in prison for blasphemy. Rachman claims to be the reincarnation of the Prophet Muhammad. In another case, the attorney general's office is pursuing blasphemy charges against Ahmad Moshaddeq, leader of al-Qiyada, even though he has declared his teachings were misguided and says he will return to mainstream Islam. A 1965 presidential decree permits banning of religious organizations that "distort or misrepresent" official faiths. A spokesman for Indonesia's top clerical body, the Ulema Council, says that the Council tries to educate deviant groups about "true Islam" before police become involved. The Ulema Council, using the beliefs of Sunni Islam, lists 250 Muslim sects in the country as "deviant". Human rights lawyers in the country are concerned about these developments.

Senate Resolution Recognizes Diwali Festival

On Wednesday, the U.S. Senate passed S. Res. 299, a resolution recognizing the significance to U.S. Hindus, Sikhs, and Jains of Diwali, a Festival of Light that has varying historical associations to each religious group. The resolution also calls on the President to issue a proclamation recognizing Diwali. An identical resolution, H. Res. 245, has been introduced in the House of Representatives. This year, Diwali was celebrated on Nov. 9.

Vetoed Bill Protected Voluntary Prayer In Schools

H.R. 3043, the Departments of Labor, Health and Human Services, and Education Appropriations Bill that was vetoed by President Bush on Tuesday, provides in Sec. 303 that "no funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools." Bush's veto message, of course, was not directed at this provision, but instead at his concern over "excessive spending".

NY High Court Dismisses Orthodox Jew's Privacy Claim As Time-Barred

Yesterday in Nussenzweig v. diCorcia, (NY Ct. App., Nov. 15, 2007), New York's highest court agreed with a majority in the Appellate Division (see prior posting) that the statute of limitations barred a Hasidic Jew from suing a professional photographer who took his photo without consent. Photographer Philip-Lorca DiCorcia took a series of photographs of people in Times Square, including Erno Nussenzweig, and used the photos in a gallery exhibition and accompanying catalogue. Nussenzweig's interpretation of the Biblical ban against making graven images was violated by the use of the photo. The court held that New York's "single publication rule" should be applied to right of privacy actions under the state's civil rights law (Sec. 50 and 51), so that the cause of action accrued on the date the offending material was first published. Haaretz reports on the decision.

7th Circuit Rejects School Counsellor's Religious Discrimination Claim

In Grossman v. South Shore Public School District, (7th Cir., Nov. 15, 2007), the U.S. 7th Circuit Court of Appeals affirmed the district court's rejection of a First Amendment and Title VII religious discrimination claim brought by a school guidance counsellor. The school denied plaintiff tenure because, without consulting her supervisors, she destroyed literature on condom use and replaced it with literature advocating abstinence. Plaintiff had also urged two students who came to her for advice to pray with her. The court concluded that plaintiff was not denied tenure because of her religious beliefs, but instead because of her actions. The court declared: "Teachers and other public school employees have no right to make the promotion of religion a part of their job description." The 7th Circuit's website also links to an audio recording of oral arguments in the case presented last September.

Preliminary Injunction Issued To Permit Gideons To Distribute Bibles Near Schools

In Gray v. Kohl, (SD FL, Nov. 14, 2007), a Florida federal district court adopted a magistrate's earlier Report and Recommendation (June 29, 2007) and issued a preliminary injunction against enforcing Florida's School Safety Zone Statute against a Gideon who had been distributing Bibles within 500 feet of a Key Largo school. (See prior posting.) The magistrate's report concluded that the law was unconstitutionally vague, in particular because of the uncertainty of what constitutes having "legitimate business" near a school. Alliance Defense Fund issued a release praising the decision.

Senator Says Defy China's One Bible Limit At Olympics

CNS News reports that Colorado Senator Ken Salazar, in a Cybercast News interview (audio), said that Americans travelling to the Beijing Olympics next year should defy China's requirement that travellers bring no more than one Bible into the country. Wang Hui, executive deputy director of the Beijing Organizing Committee for the Olympic Games, has described the policy as one permitting athletes and travellers to bring their own Bibles, but not multiple copies for public distribution.

Strip Club Owner Sues Church and County Sheriff

Today's Zanesville, Ohio Times Recorder reports on a lawsuit pending in federal district court in Columbus (OH). In Nellie, Ohio, members of the New Beginnings Ministries have been conducting weekly picketing of a strip club known as the Foxhole. Foxhole owner, Thomas George, has filed suit against the church and its members seeking damages and an injunction. George also claims that Coshocton County Sheriff Tim Rogers has violated his rights by refusing to remove protesters from his property and refusing to file trespassing charges against them. Thomas Condit, attorney for the church, says that church members are merely exercising their First Amendment rights to advise the public "not to patronize a business they think is unhealthy and immoral." Last week the church filed a counter-claim alleging that an explosion last July in a dumpster outside of the Foxhole was aimed at threatening or injuring protesters.

Post-Trial Motions Filed In Westboro Funeral Picketing Case

In a Baltimore, Maryland federal district court, anti-gay Westboro Baptist Church and its leaders are asking the court to overturn the jury's recent $10.9 million award against them and to stay enforcement of the judgment pending appeal of the case. The verdict came in a suit by the father of a Marine whose funeral was picketed by church members. Yesterday's Baltimore Sun reported that the request was made last week in a post-trial motion arguing that the verdict was "the product of passion, prejudice and bias, based specifically and exclusively upon disagreement with defendants' religion." Meanwhile, today's Baltimore Sun reports that in records considered by the jury in assessing damages, Westboro Baptist Church and its three leaders who were sued said that their net worth is just under $1 million. Plaintiff intends to challenge the accuracy of these figures. Financial information will be important as the trial judge considers motions to reduce the jury awards.

UPDATE: In an unusual move, defendants on Nov. 9 also filed a writ of mandamus with the U.S. Supreme Court seeking review of the constitutional questions involved in the case. (AP). It appears unlikely that the Supreme Court will intervene at this early stage. [Thanks to First Amendment Law Prof Blog for the lead.]

Court Hears Arguments Over Memorial Crosses On Public Land

Today's Salt Lake Tribune reports on Tuesday's arguments in federal district court in Salt Lake City (UT) in an Establishment Clause challenge to markers placed on public property to memorialize state Highway Patrol officers. Since 1998, the Utah Highway Patrol Association has put up a 12-foot high cross near each place where a Highway Patrol officer died in the line of duty. Nine of the 13 crosses are on public property. Each carries the name of the officer being memorialized and the Utah Highway Patrol's insignia. Attorneys for American Atheists, Inc. argued that the crosses are religious symbols that should not be placed on government property. In response, the state asserted the crosses are secular symbols that memorialize deceased troopers and urge travellers to drive safely. (See prior related posting).

En Banc Review Sought In Indiana Legislative Prayer Case

According to today's Indianapolis Star, the ACLU of Indiana has petitioned the U.S. 7th Circuit Court of Appeals for en banc review of the decision in Hinrichs v. Speaker of the House of Representatives of the Indiana General Assembly, (7th Cir., Oct. 30, 2007). In October, a 3-judge panel, in a 2-1 decision, dismissed for lack of standing a suit brought by four Indiana taxpayers challenging the opening of sessions of the Indiana House of Representatives with Sectarian prayers. (See prior related posting.)

Enforcement of Illinois Moment of Silence Law Enjoined

An Illinois federal district court yesterday issued a preliminary injunction blocking a suburban Chicago school district from enforcing Illinois' new mandatory moment of silence law. (See prior related posting.) U.S. District Court Judge Robert Gettleman said the new law is vague and questioned how it is to be enforced. The Chicago Sun Times and AP report that the order came in a suit filed by radio talk-show host Rob Sherman, whose attorney has now asked the court to extend the injunction to all school district in the state.

UPDATE: Thursday's Arlington Heights (IL) Daily Herald reports that Judge Gettleman refused to extend his preliminary injunction to the state's other 214 school dstricts because they are not defendants in the case. However he did order the state school superintendent not to enforce the new law. This means that no sanctions will be imposed against other school districts that refuse to require a moment of silence.

UPDATE: The full opinion granting the preliminary injunction is now available on LEXIS: Sherman v. Township High School Dist. 214, 2007 U.S. Dist. LEXIS 84440 (ND IL, Nov. 15, 007).

Bishops Issue Guidance For Catholic Voters For 2008

Catholic News Service reports that the United State Conference of Catholic Bishops yesterday, by a vote of 221-4, approved a document intended to give guidance to Catholic voters in 2008. In addition to approving the document titled Forming Consciences for Faithful Citizenship: A Call to Political Responsibility From the Catholic Bishops of the United States, the bishops also approved a shorter parish bulletin insert on the topic by a vote of 221-1. Reporting on the Bishops' actions, today's New York Times quotes Bishop Nicholas DiMarzio who describes the document as offering: "a basic moral framework on what it means to be a Catholic and American, a believer and a voter in this coming election year." The document calls abortion an intrinsic evil that must always be opposed and rejected, but goes on to say: "There may be times when a Catholic who rejects a candidate’s unacceptable position may decide to vote for that candidate for other morally grave reasons."

Important Buddha Statue Attacked In Pakistan

Earlier this month, Islamic militants in Pakistan, for a second time, attacked a 40-meter tall Buddha carved in the rocks of northwestern Pakistan's Swat Valley. This attack destroyed the face, shoulder and feet of the important statue. Militants threaten another attack to completely destroy the sacred image. The government has not intervened to protect the site despite pleas by archaeologists. The attacks are similar to those in 2001 that destroyed another sacred Buddha statue in Bamiyan, Afghanistan. Reports on the Pakistan attacks have been carried by Asia News and the Daily Times of Pakistan.

Prayers For Rain Led By Georgia Governor On Statehouse Steps

CBS News reports on the hour-long event held on the grounds of Atlanta's state capitol yesterday in which Georgia Gov. Sonny Perdue led a crowd of several hundred people in prayer for rain for the drought-stricken state. Twenty members of the Atlanta Freethought Society, concerned about church-state separation, led a protest nearby. While the governor attempted to make the event an interfaith ceremony, only three Protestant clergy participated. CNN has a video clip of the Governor praying at the event. The AP says" While public prayer vigils might raise eyebrows in other parts of the nation, they are mostly shrugged off in the Bible Belt, where turning to the heavens for help is common and sometimes even politically expedient." (See prior related posting.)

Settlement Reached In Suit Between Tennessee Baptists and Belmont University

A settlement has been reached in the 2004 lawsuit brought by the Tennessee Baptist Convention against Belmont University, according to an ABP report yesterday. The litigation began after the school took steps to become independent. The Baptist Convention attempted to enforce a 1951 agreement that called for the school to reimburse the Convention for contributions if the school should "pass from Baptist control." Belmont University argued that the 1951 document had been superseded by later agreements. The settlement calls for Belmont to provide the Tennessee Baptist Convention with $11 million toward a missions and ministry endowment fund. A press release by Belmont University gives more details on the settlement which provides for a payout of funds to TBC over a 40-year period and

Prof. Harold Berman, Law and Religion Pioneer, Dies

Professor Harold J. Berman, a pioneer in the teaching of law and religion, died yesterday. The 89-year old professor taught for many years at Harvard Law School, and then moved to Emory Law School where he helped develop its law and religion program. Harvard Law School issued a release eulogizing Berman, whose expertise also extended to comparative, international, and Soviet law. Emory's website includes a bibliography of Berman's many books, articles and other writings. [Thanks to Patrick S. O'Donnell for the lead.]