Court Says Veganism Is Not A Religion

In McDavid v. County of Sacramento, 2006 U.S. Dist. LEXIS 43711 (ED Cal., June 27, 2006), a California federal court held that even though the belief is sincerely held, veganism is not a "religion" for purposes of the First Amendment or RLUIPA. The issue arose in the context of a prisoner's request for a vegan diet. The court held: "Plaintiff's veganism ... does not address 'fundamental and ultimate questions;' it has no formal and external signs. Plaintiff does not allege the existence of any larger body of adherents to which he belongs. Instead, he describes his veganism as a 'right and appropriate way to live.' .... [Therefore] Plaintiff's dietary regimen is a purely secular lifestyle choice, not protected by the Free Exercise Clause."

Israel's High Court Asked To Enforce Its Holding On "Pop-Over" Conversions

In Israel, the World Union for Progressive Judaism has petitioned the High Court of Justice in order to force the Interior Ministry to recognize the Court's 2005 ruling mandating the recognition of so-called "pop-over conversions". The 2005 ruling held that a person who studies Judaism in Israel under the auspices of the Conservative or Reform movements, and then goes abroad for a conversion ceremony in one of the recognized Jewish communities overseas, must be recognized as Jewish under the Law of Return. Haaretz today reports that the Population Administration has not yet adopted rules to implement the Court's holding. The petition filed two weeks ago is on behalf of a woman who underwent a Reform conversion in Brazil after studying in Israel, but whose attempts to register as a citizen under the Law of Return were rebuffed by the Interior Ministry.

Contempt Findings In Louisiana School Prayer Case

On Wednesday, a federal judge in New Orleans partially granted two civil contempt motions against the Tangipahoa Parish School Board for violating an August 2004 consent order regulating prayer in the school system. 2theadvocate.com today reports on this development in the three-year battle between the ACLU and the school board. At issue were two school banquets at which students offered prayers. The school board claimed that in each case the school board president who attended did not know in advance about the prayers, and the school principals at the banquets believed-- incorrectly-- that student initiated prayers were permissible under the consent decree. Federal district Judge Helen G. Berrigan said in her ruling that school officials should have intervened to stop the prayers, and that good faith belief by the principals that the prayers were permissible is not a defense in a civil contempt action.

Some Religious Leaders Warn Against Jerusalem Gay Pride March

Today's New York Blade reports that some Jewish, Muslim and conservative Christian religious leaders warned that an international Gay Pride event scheduled for Aug. 6-12 in Jerusalem could trigger a worldwide Islamic uprising more intense than those that occurred after last year's publication of offensive cartoons in European newspapers. The leaders demanded cancellation of World Pride Jerusalem which was originally scheduled for last year, but was postponed because of the ongoing Israeli withdrawal from Gaza at the time. The Israeli Consular Office in New York said the Israeli government has no plans to interfere with the planned march. Israeli police and security agencies will provide the the same protection given to all public events.

Sheikh Ibrhim Sarsur, an Arab-Israeli member of the Israeli Knesset, said that if the Pride participants "dare to approach" Jerusalem's historic Temple Mount during the parade, "they will do so over our dead bodies." Event leaders say that the the Temple Mount is nowhere near the planned march route. Rabbi Sharon Kleinbaum of an LGBT synagogue in Manhattan said that opponents of Pride Jerusalem were using religion as a "weapon" for bigotry.

Report Urges British Prisons To Combat Institutional Religious Intolerance

The Associated Press reports today that in Britain, High Court Judge High Brian Keith has issued his report on British prisons. His investigation was prompted by the killing in 2000 of a Muslim prisoner by his racist cellmate at the Feltham Young Offenders Institution. The report cited 186 different problems-- many involving a breakdown of communications-- that contributed to the killing. Among other reforms, Keith recommended that the Home Office and the Prison Service introduce the concept of "institutional religious intolerance" to combat prejudice against Muslim inmates.

Oregon Pharmacy Board Modifies Conscientious Objection Policy

Earlier this month, the Oregon Board of Pharmacy issued a Clarification of its policy that permits pharmacists with moral or ethical objections to dispensing certain drugs to refrain from doing so. A pharmacist may not lecture a patient about the pharmacist's moral or religious beliefs. Pharmacies must insure that a patient's prescription needs are met either by another pharmacist on site or in another way. If the patient requests, the pharmacy must return the patient's prescription. Otherwise the pharmacy must identify another nearby pharmacy that will fill the prescription and refer the patient to it. Yesterday's Portland (OR) Catholic Sentinel reports on the policy changes that were requested by abortion rights groups. Gayle Atteberry, executive director of Oregon Right to Life, said "I am very disappointed that the pharmacy board did not stand up for those pharmacists who feel offended in their moral and religious conscience."

Sunday Closing Loophole To Be Closed In Nova Scotia

In the Canadian province of Nova Scotia, Premier Rodney MacDonald is acting to remove a loophole from the province's Sunday closing law that has permitted two large grocery chains to remain open on Sunday. Nova Scotia voters in an October 2004 referendum supported a requirement that stores with more than 4,000 square feet of retail space stay closed on Sunday. Two large grocery chains subdivided several of their stores into smaller businesses to get around the law. MacDonald said that a new plebiscite on Sunday closing will be held in 2008, but in the meantime the spirit of the voter's decision will be enforced. These developments were reported earlier this week in Today's Family News.

Malaysian State Gives Marriage Incentives To Get Animist Conversions

In Malaysia's northern state of Kelantan, the government's Religious Affairs Committee is unhappy over the low rate of conversion to Islam by the Orang Asli-- the state's indigenous inhabitants who are animists, according to yesterday's AsiaNews.it. Of the 12,900 Orang Asli in Kelantan, only 2,902 have converted. So the government has come up with a new plan. The government is offering a $2700 cash payment, an automobile and place to live, and an allowance of $1270 per month to any Muslim who marries an Orang Asli. Malaysian law requires anyone who marries a Muslim to first convert to Islam. The new policy has come under fire even from members of the Muslim community. Kelantan is the only Malaysian state governed by the extremist Pan-Malaysia Islamic Party.

Obama Urges Democrats To Talk More About Religious Faith

Speaking Wednesday in Washington at a conference on poverty sponsored by Sojourners, a progressive faith-based group, Illinois Senator Barack Obama said Democrats should to talk more openly about the role of religious faith in their lives. Today's Washington Post reports on the conference. Here is the full text of Obama's remarks posted by the Chicago Sun-Times.

Rabbi Has Been Consultant To Air Force On Religious Tolerance

Yesterday's Washington Jewish Week profiles Rabbi Arnold Resnicoff who has spent the past year as Special Assistant for Values and Vision to the Secretary and Chief of Staff of the Air Force. Resnicoff was called in after incidents of religious intolerance were reported at the U.S. Air Force Academy. Not only has Resnicoff worked on religious guidelines for the service, but he has moved more broadly to create a "values-based vision" for Air Force personnel. He believes that this may be more important in preventing future problems.

Autopsy On Executed Murderer Barred On Religious Grounds

In Nashville, Tennessee, lawyers for convicted murderer Sedley Alley who has just been executed by lethal injection have obtained a court order barring the state from performing an autopsy. Alley had religious objections to autopsy, according to today's Tennessean. In an attempt to prevent execution, Alley had unsuccessfully argued that the state's lethal injection protocol is cruel and inhumane. An autopsy might disclose whether Alley suffered as he was put to death. It is not clear whether the state will appeal the ruling by federal Judge Aleta Trauger.

UPDATE: The full opinion in the case, granting a prelimiary injunction on Free Exercise grounds as well as on the ground of lack of statutory authority is now available on LEXIS: Alley v. Levy, 2006 U.S. Dist. LEXIS 44641 (MD Tenn., June 28, 2006).

Arizona Governor Vetoes Bill On Recognition Of College Religious Groups

Arizona Governor Janet Napolitano yesterday vetoed the Associational Freedom in Higher Learning Act that would have prevented public universities from denying recognition to student groups that limit their membership to students who hold the religious, political or philosophical views of the organization. A prior posting describes S.B.1153 more fully. Today's Arizona Republic reports that this is one of nine bills vetoed by the Governor as the legislative session ended. The Governor's veto letter (full text) seemed to suggest that she saw the bill as broader than it in fact was. She said:

Students at postsecondary institutions should not be prohibited from participating in student organizations of their choice simply based on their religious or political beliefs. A law that would permit such discrimination could lead to a host of adverse consequences. For example, if this bill became law, there would be nothing to prohibit the school football team or chess club from denying participation by Jews, Christians, Muslims or members of other religions.

Suit Seeks Removal of Jesus Portrait From West Virginia High School

In Clarksburg, West Virginia, Americans United For Separation of Church and State (press release) and the American Civil Liberties Union of West Virginia have sued to force Harrison County education officials to remove a large a portrait of Jesus hanging in Bridgeport High School. The The painting has hung in the school for at least 30 years. Originally it was in a counselor's office, but was moved to the wall outside the principal's office when the counselor left the school. After a request that the painting be removed, the school board earlier this month by a tie vote decided to keep it. Expecting a lawsuit, Board President Sally Cann voted in favor of removing the painting, saying that the school did not have to keep it to profess its Christian values. The suit, filed on behalf of a parent of a former student as well as on behalf of a former teacher in the school, alleges "the school district has sent a powerful visual message to all who enter the school that Christian students are more valued than others and that students who wish to curry favor with the administration should adhere to the school district's preferred religious views..." Reports on the case are in today's Charleston (WV) Gazette and the Washington Post.

California Supreme Court Will Not Review Unruh Act Case Against Lutheran School

Yesterday the California Supreme Court denied review in California Lutheran High School Association vs. Superior Court, a suit by two high school girls and their parents challenging the girls' expulsion from a Lutheran religious high school in Wildomar, California. (See prior postings 1, 2, 3.) School principal Gregory Bork claims that the two girls may have been engaged in a lesbian relationship in violation of the school's code of conduct which prohibits actions "contrary to Christian decency.'' The suit claims that the school's action violated California's Unruh Act that prohibits prohibits businesses from discriminating on the basis of actual or perceived sexual orientation. The school argues that as a non-profit religious school it is not a business and so is not covered by the law. It also argues that its free exercise rights override any statutory restriction. Yesterday's San Francisco Chronicle reported on the decision.

House Committee Defeats Pledge of Allegiance Bill

Yesterday, the House Judiciary Committee defeated by a 15-15 vote the Pledge Protection Act (H.R. 2389) that would have removed federal court jurisdiction to hear challenges to the constitutionality of the Pledge of Allegiance. One Republican, U.S. Rep. Bob Inglis of South Carolina, voted with 14 Democrats to defeat the proposal that had been strongly backed by conservative religious groups concerned about challenges to the phrase "under God" in the Pledge. Americans United for Separation of Church and State issued a press release calling the defeat a tremendous victory.

Supreme Court Upholds Depriving Prisoners Of Rights To Encourage Behavior Changes

The United States Supreme Court today in Beard v. Banks (June 28, 2006) upheld a Pennsylvania prison policy that deprives the most incorrigible, recalcitrant prisoners of newspapers, magazines, and personal photographs as an incentive for better prison behavior. Pennsylvania still permitted these inmates to possess legal and personal correspondence, religious and legal materials, two library books and writing paper. By a 6-2 vote , the Court rejected prisoners' First Amendment challenges to the regulations. Justice Breyer wrote the majority opinion, Justice Thomas wrote a concurrence joined by Justice Scalia, while Justices Stevens and Ginsburg dissented. Justice Alito did not participate. Neither the majority nor the concurring opinion gave any indication that Pennsylvania's exception for religious material was necessary for the policy to be valid. The Becket Fund had filed an amicus brief in the case arguing that the deprivation theory could equally be used to take away from prisoners their access to the Bible or other sacred texts, or to deny them of the right to otherwise practice their religion, in violation of their constitutional rights to free exercise of religion.

Here is Reuters report on the decision.

Parishioners Sue Bishop to Get Control Of Closed Church Building and Parish Assets

In Kansas, Ohio, members of St. James Catholic Church have filed suit against the Diocese of Toledo and Bishop Leonard Blair to get control of their former parish's property and assets, according to this morning's Toledo Blade. Last July Bishop Blair closed 16 churches including St. James Parish, and merged 12 others into new parishes in the 19-county diocese. Two months before the scheduled closure, about 50 St. James parishioners began a prayer vigil in their wood-frame church. Ultimately the Diocese evicted the worshipers and padlocked the building. The members' lawsuit, filed in Seneca County Common Pleas Court, claims that parishioners are the true owners of parish property, and that the Bishop was merely holding the property as trustee for them. Elsewhere in the country, in diocese bankruptcy filings, the Church has often argued the position that plaintiffs are taking here in an effort to keep parish property from Diocese creditors. Meanwhile former St. James parishioners meet each Sunday for a prayer service at a local Methodist church. Rev. Jaroslaw Nowak, of the Polish National Catholic Church, celebrates Mass with them once a month.

UPDATE: A second similar suit was filed against the Toledo Diocese on June 28 by former members of St. Joseph parish in Carey, Ohio whose church was closed by the Diocese in July 2005. (Tiffin Advertiser-Tribune).

Navy Chaplain Continues To Press For Sectarian Prayer

WorldNetDaily reports today Navy Chaplain Lt. Gordon James Klingenschmitt is continuing his battle with the Navy to be able to freely pray "in Jesus name" at military ceremonies. (See prior posting.) A military judge has upheld a decision by Rear Adm. F.R. Ruehe to reject Klingenschmitt's appeal of sanctions imposed on him by his commanding officer Capt. James A. Carr. The officer's action stemmed from a decidedly Christian message delivered by Klingenschmitt at a memorial service for a sailor who died in a motocycle accident. Also Klingenschmitt has been warned about non-inclusive evening prayer over the ship's PA system. The military judge's ruling has led Klingenschmitt to file a whistleblower complaint with Sen. Hillary Clinton and other members of Congress charging Navy officials with violating the Constitution. Meanwhile Adm. Ruehe is convening a special court-martial against Klingenschmitt for the chaplain's appearance in uniform at a March 30 event with former Alabama Chief Justice Roy Moore in front of the White House.

Ohio Prisons Agree To Settle Suit By Changing Prison Practices

The Ohio Department of Rehabilitation and Corrections has tentatively agreed to settle a lawsuit brought against its former director by a deputy warden who claimed that the director was using his position to promote Christianity in the prison system. (See prior posting.) Yesterday's Akron Beacon-Journal says that in the settlement in Rose v. Wilkinson the state has agreed that it will eliminate prayers, religious music and proselytization from all secular events held inside Ohio's prisons. The prison system will not order inmates to attend religious programs and will not sponsor or endorse the message of any religious program allowed to enter the prison. In addition, the Department will stop holding employee training sessions and other programs in churches.

Suit Challenges Exclusion Of Religious Meetings From City Hall

The Alliance Defense Fund announced yesterday that it has filed suit in federal court against the city of Idaho Springs, Colorado to challenge its policy that prohibits the use of City Council chambers for religious events and meetings. The issue arose when Idaho Springs residents who were observing the National Day of Prayer were denied use council chambers as a back-up location when rain precluded use of a city park. The complaint (full text) in Barkey v. City of Idaho Springs says that City Hall Council Chambers- Meeting Room is open for use by non-profit and community service groups generally, but not for meetings with religious content or for religious ceremonies. the suit claims that this policy of viewpoint and religious discrimination violates First and Fourteenth Amendment protections.