Intelligent Design Bill To Be Introduced In Indiana

Preparations are under way to introduce a bill in the Indiana legislature to mandate the teaching of Intelligent Design in the public schools in that state. The blog, Dispatches From the Culture Wars, carries a long posting on these developments. Yesterday's Indianapolis Star also reported on reactions to the proposed bill which is being supported not only by Republicans, but by some Democrats. "Evolution was designed by God," said Democratic Rep. Jerry Denbo. "I really think that should be taught -- that there is a master. We didn't just come about by accident." However Democratic Rep. Ed Mahern, D-Indianapolis said, "It's one more instance where we are not concentrating on what we need to be concerned about -- higher test scores, keeping kids in school longer and promoting early childhood education."

ADF To Fight For Public Christmas Celebrations

The Alliance Defense Fund announced yesterday that it has more than 800 attorneys available nationwide to combat any improper attempts to censor the celebration of Christmas in schools and on public property. "As in years past, ADF's goal this season is to inform, educate, and help protect the rights of the 96% of Americans who celebrate Christmas regarding their rights," said ADF president Alan Sears. "We want to dispel the myths about religious expression at Christmas time that have prompted wrongful acts of government censorship of religious speech," Sears said. "Merry Christmas. It's okay to say it."

The North County, California Times today, in reporting on the ADF move, quotes a leader of the Anti-Defamation League in California, who contends that public Christmas celebrations that have been accepted in the past may no longer be viewed as appropriate because of the "enormous and increasing diversity" in America. He said that public events should not leave people feeling excluded.

New Books On Church-State and Religious Freedom

A flood of new books of interest have been published this fall:

Jimmy Carter, 39th President of the United States, in a new book strongly defends the separation of church and state. He argues that blurring the line between government and religion by rigid fundamentalists threatens civil liberties and privacy. The book, Our Endangered Values: America's Moral Crisis, draws on Carter's experiences as a president and a Christian. An excerpt from the book is available online, as is an audio recording of Carter's interview with National Public Radio's Terry Gross.

James H. Huston, The Founders on Religion: A Book of Quotations, is an impartial compendium of the founders' own remarks on religious matters, from Princeton University Press.

Peter Zagorin, How the Idea of Religious Toleration Came to the West, traces the roots of religious persecution in certain intellectual and religious traditions, and shows how out of the same traditions came the beginnings of pluralism in the West. From Princeton University Press.

Robert Wuthnow, America and the Challenges of Religious Diversity, looks not only at how we have adapted to diversity in the past, but at the ways rank-and-file Americans, clergy, and other community leaders are responding today. From Princeton University Press. A review of the book by Gary Rosen was published in the New York Times.

Jerry Weinberger, Benjamin Franklin Unmasked: On the Unity of His Moral Religious, and Political Thought, from University Press of Kansas. Weinberger discovers a serious thinker who was profoundly critical of religion, moral virtue, and political ideals.

Justus Weiner, Human Rights of Christians in Palestinian Society, from the Jerusalem Center for Public Affairs. Weiner finds that Christians who remain in territory governed by the P.A. are a beleaguered minority.

Satmar Rivals Feud In Court and Outside It

Today's Forward reports on the controversy between supporters of two sons of the grand rebbe of the Satmar Hasidic sect. Each side claims that their rabbi is the rightful successor to the ailing 91 year old leader of the ultra-Orthodox Jewish group. New York Supreme Court Judge Stewart Rosenwasser is presiding in a case in upstate New York that focuses on which group should control a cemetery in Kiryas Joel.

Rosenwasser, who is up for re-election as judge next week, recently issued a temporary ruling in favor of one of Rabbi Aaron Teitelbaum's followers, but warned that it should not be read as determining the broader question of who controls the Satmar's communal assets of more than $100 million. Earlier, a different Brooklyn judge had ruled that followers of Rabbi Zalmen Teitelbaum, the other brother, should control the group. The Forward reports that coincidentally, Rabbi Aaron's followers are an important voting bloc in Rosenwasser's district. The feud between the two factions has led to physical violence between them at the main Satmar synagogue in Brooklyn. On Oct. 27, the judge wrote to lawyers on both sides demanding an explanation of the fight that broke out at the synagogue two days earlier during Shemini Atzeret services.

Damage Claim By Muslim Woman Against Prison Officials Dismissed

A Muslim woman forced to remove her hijab (religious headscarf) while visiting a state prison cannot sue the Wisconsin Department of Corrections or its secretary for damages in federal court, according to a decision handed down last week. The Janesville, Wisconsin Gazette yesterday reported on the case. U.S. District Judge John Shabaz dismissed the suit, holding that under the 11th Amendment the state cannot be held liable for monetary damages sought by private citizens in federal court, and that recent changes in policy rendered part of the claim moot. The state now permits visitors to wear head coverings if they do not conceal their identities. David Lasker, lawyer for plaintiff Cynthia Rhouni, said he would refile the lawsuit in state court seeking up to $200,000 for the emotional damage Rhouni suffered when inmates saw her without her head covered.

Christian Group Protests Proposed Indian Law On Foreign Contributions

Proposed new legislation in India, the Foreign Contribution (Management and Control) Bill, 2005, is opposed by the Federation of Indian American Christian Organizations of North America, according to today's Pakistan Christian Post. The law would require groups to register and obtain government permission in order to receive support from overseas donors. FIACONA's president, Dr. Bernard Malik, said: "the criteria for rejecting registration of an organization was so broadly and vaguely worded that they could be misused to target organizations (particularly charitable Christian organizations) on flimsy and spurious grounds. Actions that supposedly violate communal harmony which attract a severe penalty under the Bill have been so loosely defined that minority community institutions will inevitably suffer even when they are the victims of motivated attacks at the hands of religious extremists of the majority community."

L.A. City Council Debates Tax-Exempt Financing For Parochial School

Today's Daily Breeze reports that Los Angeles City Council is debating the scope of a court ruling handed down last year. In 2004, a California appellate court held that conduit financing by the state for pervasively sectarian schools violated California's constitution. In California Statewide Communities Development Authority v. All Persons Interested, a California appellate court held that t use of conduit financing, which allows schools to finance projects at a lower cost than they could through conventional financing, is a form of aid within the meaning of Cal. Const. Art. XVI, § 5, and has the direct and substantial effect of aiding religion. The case is on appeal to the California Supreme Court.

Today L.A. City Council is scheduled to vote on a plan to issue $30 million in tax-exempt bonds on behalf of Loyola High School, a Catholic parochial school. The bonds would save the high school $8 million in interest costs. The city's attorneys have recommended that the council move ahead with the transaction, saying Loyola's educational activities, and its willingness to admit students of all religious backgrounds, shows that it is not "pervasively sectarian." The bond proceeds will be used to build a new science facility. The ACLU of Southern California questions the proposed move, arguing that the school is pervasively sectarian. The city has already used tax-exempt bonds to assist three other parochial schools since 2001.

UPDATE: In its vote, the Los Angeles City Council approved the issuance of tax-exempt bonds for Loyola High School, prompting a promise from the ACLU to review the transaction to determine if it violates the state constitution's separation of church and state.

South Dakota Supreme Court Hears Case On Church Demolition

Arguments were heard yesterday in the South Dakota Supreme Court on whether an old Roman Catholic school listed on the National Register of Historic Places should be torn down. The Rapid City Journal reports on the case. A circuit judge has ruled that denying demolition of Notre Dame Academy would amount to unreasonable government interference with religion.

Oral Arguments Held In O Centro

Bloomberg reports on yesterday's oral arguments in the U.S. Supreme Court in Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal. (See prior posting.) The case challenges the federal government's attempt to bar a New Mexico church from using a hallucinogenic tea in religious ceremonies.

This is Chief Justice Roberts first religious freedom case on the Court. Roberts questioned the government's argument that it must prohibit all use of hoasca to prevent diversion to non-religious uses. "Your approach is totally categorical.'' If a religious group used only one drop of the drug a year, "your position would still be the same", Roberts told government lawyer Edwin Kneedler during the one-hour argument.

The government argued that it has a compelling interest in "uniform enforcement'' of its drug laws. But Justice Antonin Scalia pointed to an exception that Congress has made for peyote in American Indian religious ceremonies. He said, "It's a demonstration you can make exceptions without the sky falling.'' Justice John Paul Stevens followed up by asking whether the exception for peyote indicated that "maybe [the government's interest is] not all that compelling.''

Religious Freedom Moves Forward In Geogian Republic

Adventist News Network reported yesterday on a new religious freedom initiative in the Republic of Georgia. Leaders met on Oct. 23 to lauch the Georgian Religious Liberty Association. The new organization was created after the Seventh-Day Adventist Church and the International Religious Liberty Association urged that this type of step be taken. Leaders of various faith communities, representatives of human rights organizations, and government officials, covered by national television, met to inaugurate the IRLA. The event included the participation by representatives of the Patriarchate of Georgia and by government Ombudsman Beka Mindiashvili.

Candidate For Governor of Va. Talks About His Faith

Monday's Washington Post reported on the use of religion in his campaign by Timothy M. Kaine, Virginia's Lieutenant Governor, who is trying to become the state's first Catholic governor. "I'm a person of faith, and here's who I am, and you're entitled to know who I am because you ought to know about me, what's important to me," Kaine said in a recent interview in which he talked in depth about the influence of his religion on his life. "That'll give you a yardstick for judging my actions." Kaine is trying to signal that talking about his religious life doesn't mean that he represents a conservative perspective. This has created some delicate political challenges for him on two major issues: capital punishment and abortion. On both he has indicated a willingness to accept the legal status quo even though it conflicts with his religious convictions.

Alito Will Make Catholics A Majority On Court

An AP article in today's Washington Post points out that if Supreme Court nominee Samuel Alito is confirmed, for the first time a majority of the Court's justices will be Roman Catholics. Up to now, Protestants have dominated on the court. Only two Protestants will remain on the Supreme Court--David Souter and John Paul Stevens. The two other justices--Ruth Bader Ginsburg and Stephen Breyer--are Jewish. Meanwhile, Carl A. Anderson - leader of the Knights of Columbus, the world's largest lay Catholic organization with more than 1.7 million members worldwide - said Monday that Alito is "a truly excellent choice".

Kitzmiller Trial Continues

The Kitzmiller trial, challenging the policy in Dover, Pennsylvania schools on the teaching of intelligent design, drags on. (See prior posting.) The Philadelphia Inquirer today reports on yesterday's proceedings. U.S. District Judge John E. Jones 3d, who has presided over the trial calmly so far launched into an uncharacteristic blistering 10-minute cross-examination of Dover School Board President Alan Bonsell over the source of $850 used to buy high school textbooks on intelligent design.

Attempt To Vacate Mt. Soledad Cross Ruling Filed

The battle to save the Mt. Soledad Cross is not quite over, according to a report today in the Christian Examiner. On Oct. 7, a San Diego Superior Court judge nullified a July referendum vote that would have allowed the Mount Soledad Memorial to be transferred to the federal government. (See prior posting.) On October 19, a motion was filed to vacate the order by Charles LiMandri, who represents San Diegans for the Mount Soledad National War Memorial. A hearing before Superior Court Judge Patricia Cowett was scheduled for Oct. 31. The latest action came after LiMandri learned the city of San Diego is not likely to appeal the judge’s earlier ruling. LiMandri, who was appointed an unpaid special deputy city attorney to advise on the case in September, is no longer representing the city.

UPDATE: The Oct. 31 San Diego Union Tribune reported that Judge Cowett refused to hold a hearing on the motion to vacate her earlier ruling. An appeal to the 4th District Court of Appeals is planned.

Coptic Churches In Egypt Attacked By Muslims

The Associated Press reports today from Egypt that seven Coptic Christian churches in Alexandria were attacked by thousands of Muslims on the night of Oct. 21. There has been growing tension between Egypt's Muslim and Christian community. The immediate cause of this violence seems to be play put on by Christians deemed offensive to Islam. Some Muslim protesters said they had seen clips of the play on an Internet chat site with a message calling on "faithful Muslims" to gather after Friday prayers in front of St. George's church to protest. Though it has not been performed recently, Islamic extremists may have been distributing DVDs of the play to raise tensions ahead of parliamentary elections next week. The play tells the story of a Christian who converted to Islam, then became disillusioned with the religion.

Does Excommunication Violate Ky. Civil Rights Act?

The Kentucky Commission on Human Rights last month heard a case challenging the Amish practice of excommunication of those who have left the faith. The Associated Press reported yesterday on the case out of Cub Run, Kentucky. Ruth Irene Garrett, who had been excommunicated, was turned away from an Amish thrift store. Store owner Erma Troyer asserted a religious freedom defense. Taking money from the excommunicated comes with a risk of followers themselves being excommunicated, as well as being damned to an eternity in hell. Human Rights Commission staff attorney Emily Riggs Hartlage, who represented Garrett, said the incident was a violation of Kentucky's Civil Rights Act for denial of service in a public place for religious reasons. She said the investigation uncovered other ex-Amish who were denied service at Amish stores. But Troyer's attorney said the complaint essentially seeks to force the shop owner to violate Amish doctrine, which could result in her losing her religion or her store.

Alito's 3rd Circuit Religion Decisions

Here is an UPDATED list of 3rd Circuit opinions on religion issues written by Supreme Court nominee Samuel Alito (along with an overview of each holding from Lexis). (All links are to free non-subscription sources.):

Child Evangelism Fellowship of N.J., Inc. v. Stafford Twp. Sch. Dist., 386 F.3d 514 (October 15, 2004) OVERVIEW: Preliminary injunction properly ordered a school district to treat a child evangelism group like other community groups with regard to distribution of literature; group was likely to succeed on viewpoint discrimination claim under Free Speech Clause.

Blackhawk v. Pennsylvania, 381 F.3d 202 (August 20, 2004) OVERVIEW: Native American's free exercise rights were violated when he was denied a religious exemption from permit fees required because he owned two black bears. The fee regime's provisions were underinclusive and thus not generally applicable.

Fraise v. Terhune, 283 F.3d 506 (March 13, 2002) OVERVIEW: New Jersey prison policy that allowed correctional officials to designate "security threat groups" (STGs) did not violate equal protection in view of greater propensity for violence demonstrated by members of the STG.

Abramson v. William Paterson College, 260 F.3d 265, August 3, 2001, Concurrence by Alito, J. OVERVIEW: In religious discrimination suit, appellate court reversed summary judgment for the employer because the employee established a prima facie case for hostile work environment, religious discrimination, and retaliation.

ACLU-NJ v. Township of Wall, 246 F.3d 258 (April 3, 2001) OVERVIEW: Taxpayer plaintiffs failed to establish standing in their First Amendment holiday display claim where the record established that both the nativity display and the menorah at issue were donated to defendant Township.

Saxe v. State College Area Sch. Dist., 240 F.3d 200 (February 14, 2001) OVERVIEW: Public school district's student-on-student anti-harassment policy was unconstitutionally overbroad because it prohibited non-vulgar, non-sponsored student speech and did not satisfy the Tinker substantial disruption test.

C.H. v. Olivia, 226 F.3d 198 (August 28, 2000), cert. denied June 18, 2001. Dissent by Alito, J. OVERVIEW of majority opinion: Where it was not alleged that the removal of a student's poster occurred as a result of any school policy against the exhibition of religious material, judgment for school officials was remanded to allow plaintiff to amend her complaint.

FOP Newark Lodge No. 12 v. City of Newark, 170 F.3d 359 (March 3, 1999) cert. denied October 4, 1999. OVERVIEW: Police department's policy, which prohibited beards, was found to be in violation of the Free Exercise Clause of the First Amendment because it refused to make exemptions for religious reasons, even though medical exemptions were made.

ACLU NJ v. Schundler, 168 F.3d 92 (February 16, 1999) OVERVIEW: A city's display of predominantly religious symbols in holiday display was unconstitutional under the Establishment Clause; however, addition of secular and cultural symbols diluted the display's message of endorsement of religion.

Edwards v. California Univ. of Pa., 156 F.3d 488 (August 10, 1998). cert. denied February 22, 1999. OVERVIEW: University professor did not have First Amendment right to choose classroom materials and subjects in contravention of university's dictates, and his suspension with pay did not violate procedural due process where he was not deprived of employment.

Alito Will Be SCOTUS Nominee

Reuters and other media report that President Bush will nominate Judge Samuel A. Alito, Jr. (Third Circuit) to fill Justice Sandra Day O'Connor's seat on the U.S. Supreme Court. What are Alito's religion clause views? Among Judge Alito's opinions is Blackhawk v. Pennsylvania, 381 F.3d 202 (Aug. 20, 2004). It gives some clues. In the case, he found a Free Exercise clause violation in the state's refusal to waive a permit fee requirement under the Pa. Game & Wildlife Code for a Native American keeping animals for religious purposes.

Removal of Polygamous Judge Sought

Utah's Judicial Conduct Commission has asked the Utah Supreme Court to remove longtime Hildale Municipal Court Judge Walter Steed from office because he practices polygamy, according to today's Deseret Morning News. Steed married the first wife in a state-recognized civil ceremony in 1965 and married the other two in 1975 and 1985, respectively, in religious ceremonies of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, which encourages plural marriages. The Commission says that Steed's behavior interferes with justice and brings a judicial office into disrepute. Steed argues his marital status is constitutionally protected and does not affect his judicial work. The Utah Supreme Court will hear arguments in the case on Wednesday.

O Centro Case Scheduled For Supreme Court Argument Tomorrow

Tomorrow is the day for oral arguments in the case of Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal. Over the weekend, the Christian Science Monitor summarized the issues at stake, as the court considers the application of the Religious Freedom Restoration Act to the use of controlled substances in religious ceremonies. Here is the Monitor's summary of the case:

The case involves a religious sect of 130 members based in New Mexico. The group, adherents of the Brazil-based religion UDV, believes the use of sacramental tea in its ceremonies helps them connect with God. Consumption of the tea is the central ritual act of their faith.... The problem is that the tea, made from two sacred plants found in the Amazon region of Brazil, contains a hallucinogenic substance banned in the US. When US narcotics agents discovered this, they confiscated the group's supply of the sacramental tea... and barred them from importing any more from Brazil. The group sued, claiming the government was infringing on their religious rights.... A federal judge and federal appeals court agreed... and issued a preliminary injunction against the government. The court ordered the government to accommodate the UDV members by allowing them a religious exemption from the drug laws. The courts ruled that such actions were necessary under RFRA.

An important question will be the scope of the issues the Court actually decides in its ultimate opinion. (See prior posting.) Also, the government's reply brief is now available online. [Thanks to SCOTUS blog for the link.]