British University Bars Christian Group For Discrimination

Wednesday's Birmingham Post reports on a dispute in Britain that is reminiscent of recent battles on a number of U.S. campuses. (See prior postings 1, 2 .) Birmingham University's Student Guild has frozen the assets of the Evangelical Christian Union, and prohibited it from using university facilities for meetings, because the student group refuses to admit non-Christians to membership. The Student Union Guild has demanded that the Christian group amend its constitution to allow people of all faiths to become members and sit on its leadership body. The Guild also objects to the fact that the group's constitution uses the words "men" and "women" instead of "persons", claiming it discriminates against transsexuals. Pod Bhogal, communications director for Universities and Colleges Christian Fellowship, said: "In all our years of working with hundreds of higher education establishments, this action by Birmingham's guild is unique." (Press release.) The Student Guild, however, said it was merely enforcing the 1994 Education Act that prohibits discrimination by student groups.

Justice Breyer Discusses Establishment Clause

Yesterday's Washington Jewish Week carries an interesting report on a dialogue with U.S. Supreme Court Justice Stephen Breyer held last Sunday at Kesher Israel Congregation, a synagogue in the District of Columbia. Breyer said the Establishment Clause was designed not as an "absolute separation" of church and state, but as a way to "minimize social conflict based on religion." He traced the language of the Establishment Clause to "the wars of religion" between Catholics and Protestants in 17th-century Europe. He pointed out that the clause's interpretation has evolved in the 20th century, as the country has changed and immigrants introduced dozens of new religions. "The Founders did engage in a lot of activities that would be forbidden today under ... current interpretations of the Establishment Clause", he said, because they lived in a generally homogeneouss nation. While the court's view of the Establishment Clause has changed, Breyer believes it has still stayed true to the original values that the Founders intended.

When confronted with a question about Jewish law, Breyer said that he didn't know that much about it, quipping that he was "bar mitzvahed in a Reform congregation." He added, however, that he believes the profession of law is squarely in the Jewish tradition of social justice.

Newly Elected Canadian Prime Minister Acknowledges God In Victory Speech

Newly-elected Conservative Canadian Prime Minister Stephen Harper broke with tradition of the past 12 years and ended his election night victory speech by saying "God Bless Canada". Yesterday's LifeSite News reports that Bishop Frederick Henry of the Calgary , Alberta Diocese praised Harper's new willingness to recognize religion in the public sphere.

Jewish Chaplain In Dispute With AG Over Defense In Prisoner Suit

Ynetnews yesterday reported on an interesting dispute between a Jewish prison chaplain and Washington state's Attorney General. The Attorney General's office has refused to defend Jewish prison chaplain Gary Friedman on the terms Friedman demands in a recent lawsuit filed against him by a state prisoner. Friedman takes the position that a prisoner should not be entitled to receive kosher food if the prisoner is not Jewish under the standards of Jewish law (halacha). However, courts have generally not required a formal conversion before recognizing religious claims by a prisoner. Chaplain Friedman, who has been sued before, says that in the past when the state has provided him legal defense, they have been too willing to settle out of court and have ignored his claims that Jewish law should be factored into the defense arguments. The most recent suit is by James Shilling, a prisoner who requested, but did not receive, kosher food. Chaplain Friedman has refused to give the Attorney General's office authority to make litigation decisions for him that involve religious law or practices, and has instead hired outside lawyers to represent him in the lawsuit. Jewish Prisoner Service International is raising funds to cover Friedman's legal bills.

A New 10 Commandments Display Approved By Indiana City

The Anderson, Indiana City Council has voted unanimously in favor of allowing Lone Oak Wesleyan Church to begin raising $12,000 for a granite monument of the Ten Commandments that will be placed on the front lawn of the city building. Yesterday's Fort Wayne News-Sentinel, in reporting on the development, quoted one church member as saying that the Ten Commandments monument "has nothing to do with religion". He insisted that the Ten Commandments were the basis of modern law, and said that the church would pay legal fees if the city were sued over the display. In something of an understatement, Ken Falk, an attorney for the ACLU of Indiana said that the "display is problematic".

New Hampshire Bill Proposes Disclosure of Abuse Disclosed In Confessions

In New Hampshire, proposed HB 1127 would make it clear that clergy are not exempt from requirements of the Child Protection Act that requires reporting of suspected child abuse or neglect to law enforcement officials. The Keene New Hampshire Sentinel yesterday reported that for the second time in three years a bill has been introduced into the legislature in order to make clear that the reporting requirement applies even to information learned by clergy in confession or in giving similar spiritual advice. Diane Quinlan, chancellor of the Catholic Diocese of Manchester spoke out in opposition to the bill, saying that allowing a "limited exception" for sacramental confession is crucial to the free practice of Catholicism.

Massachusetts House Votes Down Financial Reporting Bill

According to the Boston Globe, the Massachusetts House of Representatives yesterday defeated controversial legislation that would have required religious organizations to file annual financial reports with the state. Even though the bill had been approved by the Senate, the House vote against the proposal was 147-3. Opposition to the bill had grown in recent weeks. Not only the Catholic church, but many other religious organizations had come out in opposition to the measure. (See prior postings 1, 2, 3, 4). [Thanks to Blog From the Capital for the information.]

Lobbying On Portrayal Of Religions In Textbooks

Today's Wall Street Journal carries a long front page article titled New Battleground In Textbook Wars: Religion in History (subscription required). It focuses particularly on efforts by Hindu groups to influence the portrayal of Hinduism in school textbooks used in California. (Religion Clause reported on this a week ago.) The Wall Street Journal article also discusses efforts by Islamic and Jewish groups to monitor the portrayal of their religions in school texts.

Anti-Evolution Legislation Pending In Five States

Legislation that has been introduced and is pending in the legislatures of at least five states would permit the teaching of intelligent design or encourage critical analysis of evolutionary theory. Here are the bills and their current status:

• Mississippi-- H.B. 953 (in Committee) and S.B. 2427 (in Committee)
• New York-- A.B. 8036 (in Committee)
• Oklahoma-- H.B. 2107 (Introduced) and H.B. 2526 (Introduced)
• Pennsylvania-- H.B. 1007 (in Committee)
• Utah-- S.B. 96 (passed Senate)

Blog From the Capital has more on the Utah bill.

Pope's Encyclical On Church's Relation To Government In Achieving Just Society

Zenit News Agency today has published an English translation of Pope Benedict XVI's first Encyclical, Deus Caritas Est ("God Is Love"). In it, the Pope includes the following discussion of the relationship of the Church's charitable activities to civil government:

The Church's social teaching argues on the basis of reason and natural law, namely, on the basis of what is in accord with the nature of every human being. It recognizes that it is not the Church's responsibility to make this teaching prevail in political life. Rather, the Church wishes to help form consciences in political life and to stimulate greater insight into the authentic requirements of justice as well as greater readiness to act accordingly, even when this might involve conflict with situations of personal interest. Building a just social and civil order, wherein each person receives what is his or her due, is an essential task which every generation must take up anew. As a political task, this cannot be the Church's immediate responsibility. Yet, since it is also a most important human responsibility, the Church is duty-bound to offer, through the purification of reason and through ethical formation, her own specific contribution towards understanding the requirements of justice and achieving them politically.

The Church cannot and must not take upon herself the political battle to bring about the most just society possible. She cannot and must not replace the State. Yet at the same time she cannot and must not remain on the sidelines in the fight for justice. She has to play her part through rational argument and she has to reawaken the spiritual energy without which justice, which always demands sacrifice, cannot prevail and prosper. A just society must be the achievement of politics, not of the Church. Yet the promotion of justice through efforts to bring about openness of mind and will to the demands of the common good is something which concerns the Church deeply.

8th Circuit Remands Prisoner's Establishment Clause Claim

In Munson v. Norris, (Jan. 24, 2006), the U.S. 8th Circuit Court of Appeals has remanded an Arkansas prisoner's Establishment Clause claim to the district court for examination of the prisoner's objection to participation in a sex-offender class that was imposed as a condition of parole. James Munson objected to the requirement that he recite a serenity prayer at class meetings. Munson claimed his religious beliefs only permitted him to say "God" at night. The court held that the district court had incorrectly viewed the assertion as only a free exercise claim. Arkansas News Bureau has reported on the decision.

Illegal Christian Evangelism In Morocco

Yesterday's Morocco Times reports that police in Marrakech have recently seized documents which confirm the existence of a secret evangelical group that has been trying to convert many Moroccans to Christianity. The Moroccan Constitution protects freedom of religion; however proselytizing is also forbidden. Article 220 of the Moroccan Penal Code applies the same potential punishment of a fine and up to 6 months in prison for any attempt to interfere with a person's exercise religious beliefs or attendance at religious services , and to "anyone who employs incitements to shake the faith of a Muslim or to convert him to another religion." The documents, seized in an apartment of a foreign missionary who suddenly disappeared, also revealed the existence of secret spiritual schools to teach Moroccans the concepts of Christianity. Moroccan newspapers carry wildly varying reports on the number of Christians in the country, as well as on the number of missionaries and converts.

Jurors May Be Excluded For Religious Objection To Death Penalty

In State v. Fry, (Dec. 8, 2005), the New Mexico Supreme Court held that in a capital case jurors who express religious opposition to the death penalty may be excluded without violating the state's constitutional provision (Art. VII, Sec. 3) prohibiting excluding citizens from a jury on the basis of religion. The court also held that defendant cannot insist that such individuals be placed on the jury for the determination of guilt and then replaced in the sentencing phase of the trial.

Zoning Enforcement Found Discriminatory and Vague

Today's Orlando, Florida Sentinel reports that a Florida federal district court has ruled in favor of Rabbi Joseph Konikov in the latest installment in four years of litigation over the rabbi using his home for twice-weekly religious services. Neighbors had complained to zoning officials about traffic and parking problems. In a case that has been up to the 11th Circuit and back, Orange County officials had imposed fines that now totaled $50,000. Judge John Antoon II said that the county had discriminated against religious groups because another group such as the Cub Scouts or a gathering of friends to watch sports would not violate the county's code. He also held that the code was vague because it lacks enforcement standards.

Malaysian Religious Authorities Focus on Music, Botox

Malaysian authorities are once more looking at adopting principles of Islamic law as part of the civil code of variious states. Reuters India reports today that Malaysia's National Fatwa Council has condemned Black Metal music, a rock variant dominated by occult imagery, in a fatwa calling for Malaysian states to ban it because it leads to devil worship, free sex and drinking of liquor.

In a separate development the Council is studying whether the key biological agent in botox treatments, known as Botulinum Toxin Type A, meets the Muslim requirement for food considered to be "halal", or permitted for human consumption. The panel is concerned as the use of botox has expanded from medical to cosmetic purposes.

South Carolina Debates Teaching of Evolution

South Carolina joins the list of states debating whether to teach theories on the origin of life other than evolution in the public schools. According to The State (Columbia, SC), a 4-person panel of the state's Education Oversight Committee held hearings Monday on the issue, but decided to take no action at the present time. According to a Charlotte Observer AP report, at issue is whether guidelines should call for students to "critically analyze" evolution. Instead of deciding, the EOC panel agreed to work with the state Department of Education before the full EOC meets on Feb. 13 to find a compromise that would direct teachers to analyze evolution only using scientific testing methods.

This follows a series of events in which the EOC originally voted 8-7 to strike old wording that limited schools to teaching evolution; the state Board of Education voted to overrule that decision; but the state attorney general ruled that the Board of Education overstepped its authority in reinstituting the old guidelines because the new standards were in dispute. The state Education Department writes education standards; the EOC recommends approval or rejection of the standards but may not revise or rewrite them.

Recently Published In Law Reviews

From SmartCILP:

Jill Goldenziel, Blaine's Name In Vain?: State Constitutions, School Choice, and Charitable Choice, 83 Denver Univ. Law Rev. 57-99 (2005).

Noah Feldman, Third Annual Henry Lecture: The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics; also Replies by Randall T. Coyne, Harry F. Tepker and Joseph T. Thai, 58 Oklahoma Law Rev. 1-57 (2005).

Israeli Party Supports Religion-State Separation

In a surprise announcement, the right wing Israeli political party, Yisrael Beiteinu, has come out in favor of separation of religion and state, including public transportation on the Sabbath. Haaretz yesterday reported that the move is an attempt to attract voters in the upcoming Knesset election from the recently-collapsed Shinui party.

Paper Discusses Prison Program InnerChange

Today's Boston Globe carries a long story on the faith-based InnerChange Freedom Initiative, an offshoot of the Prison Fellowship movement launched by Charles Colson, which has been adopted by 4 state prison systems, and will shortly expand to 2 more. Final arguments are scheduled on Feb. 17 in a case in Iowa in a challenge to the program that was filed by Americans United for Separation of Church and State.

Decision Available In Boston Case On Standing To Challenge Sale of Land

Two months ago I reported that in Boston, a Suffolk Superior Court judge denied defendants' motion to dismiss a lawsuit charging the city of Boston with violating state and federal limits on the separation of church and state in selling land to the Islamic Society of Boston for a mosque in Roxbury. The full opinion in the standing case is finally available on LEXIS. The case is Policastro v. City of Boston, 2005 Mass. Super. LEXIS 579 (Nov. 8, 2005).