9th Circuit Enjoins Religious Services At City Financed Shelter

In Community House Inc. v. City of Boise, Idaho, (9th Cir., Nov. 9, 2006), the U.S. 9th Circuit Court of Appeals yesterday ordered a broader preliminary injunction that the district court had granted in a challenge to the terms under which the city of Boise leased property for use as a homeless shelter for men to the Boise Rescue Mission. The lease to the Christian social service group was for the nominal rent of $1 per year. The trial court had merely held that BRM could not condition the furnishing of homeless services on attendance at religious services. The Court of Appeals granted a broader injunction totally prohibiting chapel services and other religious activities at the Community House facility. It found that plaintiffs raised serious questions as to whether the BRM's religious activities at the publicly-financed Community House facility constitute governmental indoctrination of religion. KBCI News reports on the decision.

Lansing's Faith Based Office Outlines Plans

In Lansing, Michigan last week, the Mayor’s Office of Faith Based Initiatives-- formed in January-- finally outlined to City Council the detailed program it plans to pursue. City Pulse today reports that the program will try to reach out to all of the area's 500 churches, but Bishop David Maxwell who heads the new Office said that most participants will likely be from 30 to 40 urban congregations in Lansing.

Missouri State Settles Social Work Student's Lawsuit

Missouri State University has settled a suit filed against it by a social work student who claimed that action was taken against her after she refused for religious reasons to sign a letter supporting homosexual adoption as part of a class project. (See prior posting.) The Kansas City Star today reports that the University will clear former student Emily Brooker's official record of a grievance filed in the case, will pay her $9,000, and will pay her tuition and living expenses for two years of graduate social work study. The professor charged with improper action in Brooker's lawsuit has already stepped down as head of the school's MSW Program.

Church Autonomy Doctrine Leads Florida Court To Dismiss Workers' Comp Claim

A Florida state court of appeal yesterday held that under the church autonomy doctrine, civil courts may not review a Catholic Archdiocese's assertion that a workers' compensation claimant is an incardinated cleric and not an employee. In Malichi v. Archdiocese of Miami & Unisource Inc., (FL Ct. App., Nov. 8, 2006), the court held that determination of a priest's duties is a matter of the church's internal administration and government. The court said that it was not determining whether the First Amendment similarly precludes it from deciding a workers' compensation claim filed by a minister of a "congregational" or "presbyterial" church that does not have the same hierarchical structure and well-established body of canonical law as the Archdiocese.

Religious Objection In Court and Out Over Israel's Gay Pride Event

Today's Boston Globe reports on the continuing objections by ultra-Orthodox Jews in Jerusalem over tomorrow's planned gay pride march in Israel's capital city. In religious neighborhoods for the last week, ultra-Orthodox men have set trash on fire and thrown stones at police. They hope that the show of force will convince officials to cancel the march. Now ultra-Orthodox Jews are teaming up with Muslims to emphasize religious opposition to the event. Ultra-Orthodox Jewish pop singer Benny Elbaz has joined forces with a Muslim singer in a duet called "Jerusalem Will Burn!". And U.S. anti-gay activist Rabbi Yehuda Levin has traveled to Israel to join forces with Tayseer Tamimi, the head judge of the Islamic Sharia court in the West Bank, in opposition to the event. Last year an ultra-Orthodox man stabbed three people during Jerusalem's the gay pride march.

Meanwhile, according to today's Haaretz, planning has been complicated by the high security alert in Jerusalem following Israel's shelling in Gaza that killed 19 Palestinians. Yesterday Israel's High Court of Justice held a hearing on a challenge to the proposed march. Arutz Sheva says that the court will hand down its decision today in the challenge that was filed by rabbis and polticians. One of the rabbis broke into tears during the hearing.

Also the Vatican has expressed opposition to the march. Its envoy to Israel said: "The Holy See has reiterated on many occasions that the right to freedom of expression... is subject to just limits, in particular when the exercise of this right would offend the religious sentiments of believers."

UPDATE: The Associated Press reports that on Thursday, gay pride leaders cancelled their planned parade.

First Amendment Defense In Trespass Case Fails

In Commonwealth v. Cartwright, (MA Sup. Jud. Ct., Nov. 8, 2006), the Massachusetts Supreme Judicial Court yesterday rejected a First Amendment Free Exercise defense raised in a criminal trespassing case. Defendant, Pastor Scyrus Cartwright, formerly owned a building that he says he held "in trust for the use and benefit of the members of Lord and Christ Church, Inc." His wife received the property as part of a divorce settlement and she, in turn, conveyed it to Pastor Jewel Hardmon. The court upheld the jury's conclusion that Hardmon had legal control over the property.

Christian In-Patient Rehab Program Loses Zoning Suit In Florida

In Men of Destiny Ministries, Inc. v. Osceola County, 2006 U.S. Dist. LEXIS 80908 (MD FL, Nov. 6, 2006), a Florida federal district court rejected claims brought under both RLUIPA and the Florida Religious Freedom Restoration Act by a Christian residential drug and alcohol rehabilitation program that was denied a conditional use permit to operate in an area near St. Cloud (FL) zoned for residential use. The court found that the county's refusal did not impose a substantial burden on the organization's exercise of its religion since it is free to run its program in other areas of the County that are zoned appropriately or to operate through out-patient counseling rather than with an in-patient facility.

7th Circuit Rejects Church's Land Use Claims

Yesterday in Vision Church, United Methodist v. Village of Long Grove, (7th Cir., Nov. 7, 2006), the U.S. Seventh Circuit Court of Appeals rejected Free Expression, Free Exercise and RLUIPA challenges to a requirement that churches need to obtain special use permits to locate in Long Grove, Illinois. It also rejected the church's argument that the village's regulations violate the Establishment Clause by favoring existing religious institutions over new ones. It held that the involuntary annexation of Vision Church's land was not a land use regulation covered by RLUIPA, and that size restrictions imposed on the church did not substantially burden its exercise of religion. It rejected constitutional and statutory claims of unequal treatment and Vision Church's claim that it had a vested right to build under pre-existing zoning rules.

Opponents of Intelligent Design Prevail In Ohio School Board Races

In Ohio yesterday, in contests for five seats on the State Board of Education, four of the winners oppose the teaching of intelligent design in science courses. (Election results.) In District 7, the race in which the science curriculum issue was most important, Thomas Sawyer soundly defeated incumbent Deborah Owens Fink, who supported the Board's proposed standard and lesson plan for 10th-grade biology courses that called for a "critical analysis" of evolutionary theory. (See prior posting.) In District 2, John Bender defeated Intelligent Design supporter Kathleen McGervey. (See prior posting.) In Districts 4 and 8, the winners G.R. Schloemer and Deborah L. Cain both oppose the teaching of Intelligent Design in science classes. (McClatchy Tribune Business News; Canton Repository).

The Cleveland Plain Dealer this morning reports that the four candidates were backed by Help Ohio Public Education (HOPE), a group created by scientists who were upset at the Board's attempts to introduce intelligent design into science classes. HOPE specifically recruited former Akron mayor Thomas Sawyer-- the successful District 7 cnadidate-- to run. Only in District 3 did a supporter of Intelligent Design in science classes win election to the state school board. At least that appears to be the position of winner Susan M. Haverkos.

Can British Lawyers Wear Niqab?

The niqab-- or veil that some Muslim women wear to completely cover their face-- has again become the subject of controversy in Britain. This time the presiding judge of the Asylum and Immigration Tribunal is being asked to decide whether solicitor Shabnam Mughal can argue a case before the Tribunal dressed completely in black with a full-face veil leaving only her eyes visible. Today's London Telegraph reports that one of the Tribunal's judges, George Glossop, asked Miss Mughal on Monday if she would "kindly remove her veil to assist with communication". He said: "It will allow me to see your face and I cannot hear you as well as I would like." Mughal, who refused the request, says she has worn her veil while representing clients before tribunals in different parts of the country for two years. Today's Daily Express says that the case has now been referred to a senior High Court Judge, Sir Henry Hodge.

Virginians Pass Amendment To Permit Incorporation of Churches

The Associated Press reports that in Virginia yesterday, voters easily approved an amendment deleting from the state constitution a ban on the incorporation of churches. The section had already been held to be unenforceable as violative of the U.S. Constitution's free exercise clause. (See prior posting.)

Report Will Find Discrimination Against Muslims In India

The Inter Press Service News Agency reported on Tuesday that a report being prepared for the Indian government will find serious discrimination against Muslims. The Prime Minister's High-Level Committee on the Social, Economic and Educational Status of Muslims, chaired by a former High Court judge, Rajinder Sachar, is expected to report that Muslims, India's largest religious minority, face systematic exclusion in many areas of society. They are India's new underclass, lacking access to public services, education, social mobility and jobs.

Italy Proposes Ban On Niqab

Italy's Vice-Premier Francesco Rutelli says that the government will be proposing a change in Italian law to make the wearing of the niqab-- the full face covering worn by some Islamic women-- illegal. BBC News today reports that the move is partly a concern that current anti-terrorism laws that merely outlaw the wearing of masks in public are insufficient. But Prime Minister Romano Prodi has put forth a broader rationale: "You can't cover your face, you must be seen," he said. "It's important for society and for integration."

Tennessee County School Board Approves New Bible Course

In Wilson County, Tennessee, the school board which is already in court in a challenge to religious practices in its schools (see prior posting) has approved the offering of a new elective Bible course. WTVF Nashville today reports that most of the speakers at Monday's school board meeting said that the new course would violate requirements for church-state separation. The Board nevertheless adopted it, arguing that a prayer rally last month and comments at a recent work session show that a majority favor the move. Much will depend on the content and curriculum for the course-- matters which the Board has not yet begun to determine.

Many Will Vote Today In Church Buildings

As Americans go to the polls today, many people will find that their voting place is a church. Last week's Orlando Sentinel carried an interesting article pointing out that almost half of Volusia County, Florida's polling places are in houses of worship. The county has received few complaints about the practice. Nevertheless, Rob Boston of Americans United for Separation of Church and State, said:"Local governments should realize that not everybody is comfortable voting in churches. Generally speaking, a community center or a school would be better." However, as reported last month by ABC7 Chicago, many school parents object to use of schools as polling places because it allows strangers in without adequate security. Meanwhile, Volusia County, Florida's assistant supervisor of elections, Karen Harris, said that anyone who is uncomfortable about voting in a church can vote ahead of time or on election day at the county Supervisor of Elections Office.

Tennessee Teachers Lack Standing In Establishment Clause Case

In Smith v. Jefferson County Board of School Commissioners, 2006 U.S. Dist. LEXIS 80483 (ED TN, Nov. 2, 2006), a Tennessee federal district court held that three teachers who were dismissed when a state-run alternative school was closed for budgetary reasons lacked standing to bring an Establishment Clause challenge to the school board's contracting with a religious organization to provide alternative school services. In its decision last week, the court said that any injuries plaintiffs suffered resulted from the Board of Education's decision to select an outside third party to provide alternative services, regardless of whether that third party was a faith based organization.

Ten Commandments Monument Returns To Wyoming City

In Casper, Wyoming tonight, city council is scheduled to approve a resolution to create a historic monuments plaza that will display a Ten Commandments monument along with monuments to five other historic documents. Today's Casper Star Tribune reports that the Ten Commandments monument used to stand by itself in a city park, but was removed in 2003 when litigation was threatened.

Texas Governor Discusses His Christian Beliefs

Texas Governor Rick Perry, running for re-election in a widely-watched five-way race, attended services on Sunday at San Antonio's Cornerstone Church where he sat on stage next to Rev. John Hagee. Yesterday's Dallas Morning News reported on the event. Perry was among 60 (mostly Republican) candidates who had accepted the mega-church's invitation to be introduced to the congregation, as well as those listening on radio and watching on television. Rev. Hagee preached a sermon enunciating standard evangelical doctrines regarding the necessity to accept Jesus. Afterwards, Gov. Perry, responding to a reporter's question, said that he believes in the inerrancy of the Bible and that those who do not accept Jesus as their savior will go to hell.

Later in the day Perry attempted to clarify his remarks, saying "I don't know that there's any human being that has the ability to interpret what God and his final decision-making is going to be." He added: "Before we get into Buddha and all the others, I get a little confused there. But the fact is that we live in a pluralistic world but our faith is real personal. And my Christian faith teaches that the way is through Jesus Christ." One of Governor Perry's election opponents, Kinky Friedman (who is Jewish), said that Perry's remark "hits pretty close to home".

NY Tax Benefits To Parochial School and Clergy Questioned

An editorial today in Newsday (Long Island, New York) criticizes two benefits given to local religious institutions and clergy . The first is the recent approval by the Suffolk County (NY) Industrial Development Agency of the issuance of up to $35 million in tax exempt bonds so that St. Anthony's Roman Catholic High School can construct a new building housing athletic facilities, laboratories and studios. The second is a report last week that 267 clergy in Nassau County (NY) pay no school property taxes on their homes so long as they are valued at less than $600,000.

Malaysia Will Punish Pranksters Who Falsely Reported Conversion Ceremony

Today's International Herald Tribune reports that the Malaysian government says it will punish pranksters who sent out false cell phone text messages saying that there would be a mass conversion ceremony of Muslims to Catholicism at a church in Perak state Sunday. About 1,000 people gathered in protest outside the church until it was learned that the ceremony was a Communion Mass for about 100 ethnic Indian Catholic children. Proselytizing of Muslims is prohibited in Malaysia