Leaders In Pakistan and Nepal Extend Greetings To Christian Minorities

In predominately Muslim Pakistan, President Pervez Musharraf and Prime Minister Shaukat Aziz yesterday sent Christmas greetings to the country's Christian community. The Pak Tribune (which felt the need to inform its readers when Christmas was) reported that both leaders assured Pakistanis that the rights of minority religions would continue to be fully protected. Pakistan's Constitution assures minorities the right to freely profess, practice and propagate their religion.

In largely Hindu Nepal, IANS today reports that the Christian community is celebrating Christmas in a new atmosphere of tolerance. Earlier this year, a pro-democracy movement removed the king and installed a multi-party government that promised to make Nepal a secular state instead of one whose official religion is Hinduism. Prime Minister Girija Prasad Koirala added Christmas to the list of official programs and extended greetings to the Christian community.

Iraqi Christians Suggest Competing Plans For Autonomous Region

As Christians are rapidly leaving Iraq, at least two competing plans have been proposed to protect them and encourage them to remain. Compass Direct News reported last week that some Christians want to cooperate with Kurdish officials to create an autonomous Christian area within the Kurdish federal state. Others want a completely separate federal state for non-Muslim minorities. Chaldean Archbishop of Kirkuk Luis Sako however says that moves by Christians to obtain their own region might backfire and lead to attempts to drive Christians in other parts of Iraq out to the new region.

Connecticut Priest Abuse Court Records Unsealed

In Rosado v. Bridgeport Roman Catholic Diosesan Corp., 2006 Conn. Super. LEXIS 3647 (Conn. Super., Dec. 6, 2006), a Connecticut trial court earlier this month ordered most of the records in 23 priest-abuse cases to be unsealed. Four newspapers succeeded in their claim that the records should be made available now that the cases have been settled and withdrawn.

In China, Christians Sentenced For Protests, While Christianity Spreads

Reuters reported today that a local court in Xiaoshan, a prospering commercial suburb in the Chinese province of Hangzhou, has sentenced eight Christians to jail terms of up to 3 and one-half years for their part in a mass protest against government demolition of an illegal church last July. The Xinhua news agency said the church had been built in a planned commercial area. The demonstration injured at least ten government workers. Meanwhile today's Detroit Free Press reports on the spread of Christianity in China.

North Carolina School Board Liberalizes Policy On Distributing Material

Facing a temporary injunction that prohibited the enforcement of school rules that broadly restricted the distribution of written material by students (see prior posting), on December 15 the Sampson County, North Carolina School Board rescinded two of its long-standing rules. The rules that were discarded imposed limits on both students and outsiders. They were replaced with five new policies that prohibit only narrow classes of materials while recognizing students' rights to free speech and silent prayer (subject to restriction of obscene, lewd, vulgar or inappropriate speech). Sunday's Fayetteville (NC) Observer reports on these developments. The old rules had come under attack after the school applied them to prohibit a student from handing out Day of Truth cards presenting a Christian view on homosexuality.

Secularist Group Charges Large French Subsidies To Religion Exist

A report by La Libre Pensee, a coalition of French secularist organizations, claims that despite the strict separation of church and state required by a 1905 law, the French government is subsidizing religion in amounts equal to billions of Euros. A posting today by Britain's National Secular Society discusses the details. The national government's payments, supplemented by local appropriations, give largely Catholic private schools 9.2 billion Euros in aid. In the Department of Alsace Moselle, which is not covered by the 1905 law, additional amounts are paid to priests to teach religion in state schools. Also salaries of Catholic, Protestant and Jewish clergy in Alsace are being paid with government funds. Throughout France, religious tax exemptions, subsidies to pro-life associations, contributions to the priests' health care system, and local payments for housing of diocesan priests all add to governmental subsidization of religion.

Recent Prisoner Free Exercise Cases Mostly Focus On Prison Diets

In Mallory v. Winchester, 2006 U.S. Dist. LEXIS 90581 (ND IN, Dec. 12, 2006), an Indiana Federal district court dismissed a prisoner's claim that he was denied the opportunity to celebrate Ramadan. The court found that neither rude and hateful comments about Islam, nor the meal arrangements that were offered to plaintiff, violated his rights under RLUIPA.

In Blount v. Johnson, 2006 U.S. Dist. LEXIS 90979 (WD VA, Dec. 15, 2006), a Virginia federal district judge held that-- assuming he can prove a sincerely held religious belief-- denying a prisoner who is a member of the House of Yahweh access to the prison's common fare diet substantially burdens his free exercise of religion. The court rejected the magistrate judge's conclusion that officials are entitled to qualified immunity on the claim.

In Andreola v. Wisconsin, (7th Cir., Dec. 18, 2006), the U.S. 7th Circuit Court of Appeals affirmed dismissal of claims by an Orthodox Jewish prisoner that his free exercise and RLUIPA rights were violated when prison officials failed to provide him with kosher food meeting his strict standards and failed to permit him to supervise the preparation of his meals. The court also dismissed his claim that officials committed fraud by representing the food served to him as kosher.

In Hallford v. California Department of Corrections, 2006 U.S. Dist. LEXIS 92536 (ED CA, Dec. 21, 2006), a California federal district court held that a Buddhist prisoner had not exhausted his administrative remedies before he filed suit challenging the difficulties he experienced in attempting to gain access to a vegetarian diet in prison.

In the one recent case on another topic, in Smith v. Sears, 2006 U.S. Dist. LEXIS 92516 (SD OH, Dec. 21, 2006), an Ohio federal district court permitted a prisoner to amend his pending complaint to allege that forcing him to have his beard cut violated his rights under RLUIPA.

Congress Authorizes Diplomatic Privileges For Vatican's UN Mission

It is expected that President Bush in the near future will sign the Department of State Authorities Act of 2006, H.R. 6060. The bill was passed by Congress on Dec. 9. Section 7 of the Act authorizes the President to grant full diplomatic privileges and immunities to the Vatican's Permanent Observer Mission to the United Nations and its members. In a report yesterday, Catholic News Service quotes the bill's chief sponsor, New Jersey Rep. Chris Smith, as saying that the bill will strengthen the "mutually beneficial relationship" of the United States and the Holy See.

Morocco Journalists Face Prison For Article On Religious Jokes

The Committee to Protect Journalists reported yesterday that in Morocco, a magazine, its publisher and one of its reporters have been charged with denigrating Islam under Article 41 of Morocco's Press and Publication Law 2002 (background). The the weekly magazine Nichane has been banned because it published a 10-page article analyzing popular jokes about religion, sex, and politics. Driss Ksikes, the publisher and reporter Sanaa al-Aji, each face 3 to 5 years in prison plus fines if they are convicted.

Lawsuit Attempts To Prevent Pittsburgh Episcopal Diocese From Taking Property

Episcopal News Service yesterday reported on the latest legal steps being taken by the Episcopal Church of the United States to prevent the break-away Pittsburgh Diocese from taking church property with it. In 2005, a Pennsylvania state court approved the settlement of a lawsuit challenging the first steps by the diocese to break away and claim title to parish properties. The settlement provided that even if the majority of the diocese's congregations decide not to remain in the Episcopal Church, any diocesan real estate and endowments would be held by the remaining diocesan structure. Now that the Diocese last month took more formal steps to withdraw, plaintiffs in the earlier case have petitioned the court to enforce the 2005 settlement. A petition (full text) filed in Calvary Episcopal Church v. Duncan, (Com. Pl. Allegheny Co., Dec. 19, 2006), alleges that defendants are attempting to remove property from the Episcopal Church. It asks the court to order an accounting of the Diocese's real and personal property, and its use, since 2003 and to prohibit transfer of Diocese property to other entities.

House Hearings On International Religious Freedom

On Thursday, the U.S. House of Representatives Committee on International Relations held hearings on the State Department's 2006 International Religious Freedom Report. Statements by the following witnesses are available online: Committee Vice-Chairman Christopher Smith; Stephen M. Liston, Director of State Department's Office of International Religious Freedom ; Felice Gaer, Chair of U.S. Commission on International Religious Freedom; Thomas F. Farr, Former Director of State Department's Office of International Religious Freedom; Nina Shea, Director of Freedom House's Center for Religious Freedom; Pastor Bui Thien Hue of Houston, Texas; Joseph Kung, President of Cardinal Kung Foundation; and Berhane Sium, Eastern US Coordinator of the Eritrean National Salvation Front.

Future Of Religious Freedom In Turkmenistan Unclear After Dictator's Death

Yesterday, the leader of Turkmenistan, dictator Saparmurat Niyazov, died. Shortly after, Forum 18 reported that it remains unclear whether Niyazov's hostility to religious freedom will continue. The late dictator had invented a religion called Ruhnama, and imposed it on the country. An exiled Protestant said that "the transition leaders have already praised Niyazov and his policies and vowed to continue them." The country's Foreign Minister and other officials have refused to comment.

Controversy Continues Around Government-Sponsored Holiday Displays

As Christmas draws near, here is a roundup from around the world of stories from the past two days on governmentally sponsored holiday displays:

NZZ Online reports that in Switzerland a debate has been raging on whether Christmas celebrations in public schools should be banned out of concern for the feelings of Muslims. The debate originated when comments made by the president of the Swiss teachers' association were misconstrued. IN response, Muslim organizations have specifically requested that Christmas celebrations be kept in the schools.

In Olympia, Washington, officials have rejected a request by a resident that a nativity scene be placed beside the Menorah at the capitol building. The Associated Press reports that even though the Menorah was lit by the governor, officials believe that the nativity scene would be a stronger governmental endorsement of religion. However, in Wailuku, Hawaii, Maui County officials have installed a Christmas tree next to a Hanukkah menorah and dreidel already on display at the county building. The Honolulu Advertiser reports that the step was taken after the ACLU objected that the Hanukkah display alone could give the impression that the county was endorsing Judaism.

UPDATE: On Dec. 27, the Alliance Defense Fund announced that it had filed a complaint seeking a temporary restraining order in Washington state to permit a nativity scene to be displayed in the state capitol rotunda on the same terms as the menorah and holiday tree that are already there.

In a Toronto, Ontario courthouse, a Christmas tree that was originally moved to a back lobby on the orders of one of the judges (see prior posting) has reappeared in its original place in the courthouse's main foyer. The Toronto Star reports that after the province's attorney general spoke with the chief justice, the earlier directive was reversed. Officials also agreed that in January they would discuss creating a formal policy on holiday decorations. Attorney General Michael Bryant, apparently suggesting that the incident had been overblown, said: "We don't see the need to bring a habeas corpus application to free the tree just yet. Amnesty International has not called to date."

Virginia Congressman Reignites Controversy Over Swearing-In On Quran

Virginia Republican Congressman Virgil Goode has reignited a controversy over plans by a newly-elected Muslim congressman to take his oath of office on the Quran. (Washington Post.) Yesterday news media published a letter (full text) that Goode had sent to constituents who had written to him objecting to the swearing-in plans of Minnesota Congressman-elect Keith Ellison. The letter read in part:

When I raise my hand to take the oath on Swearing In Day, I will have the Bible in my other hand.

I do not subscribe to using the Koran in any way.... [I]f American citizens don't wake up and adopt the Virgil Goode position on immigration there will likely be many more Muslims elected to office and demanding the use of the Koran....

I fear that in the next century we will have many more Muslims in the United States if we do not adopt the strict immigration policies that I believe are necessary to preserve the values and beliefs traditional to the United States of America and to prevent our resources from being swamped.

Goode has refused to apologize for his remarks. (CNN). Congressman Ellison, however, responded charitably, saying he would like to meet with Goode to discuss Islam and find some "common ground." (CNN).

The entire controversy was begun earlier this month when talk-show host Dennis Prager wrote a column saying Ellison should be required to use a Bible instead of the Quran. (See prior posting.) Yesterday the executive committee of the 68-member Holocaust Memorial Council on which Prager serves adopted a resolution critical of Prager's position. It said that Prager's position is "antithetical to the mission of the [U.S. Holocaust Memorial] museum as an institution promoting tolerance and respect for all peoples regardless of their race, religion or ethnicity." (New York Times.)

No Free Exercise Problem In Denial Of Medicaid For Services In Israel

In Shagalow v. State, (MN Ct. App., Dec. 19, 2006), a Minnesota state court of appeals held that the state's refusal under the Medicaid program to pay for a young woman's residential habilitation program in Israel did not violate her religious freedom rights under the U.S. or Minnesota constitutions. Plaintiff claimed that the only residential habilitation program that adheres to her Jewish Orthodox practices (including gender segregation, strict observance of the Sabbath, and dietary restrictions) is one located in Jerusalem. The court found that the state's decision did not directly infringe plaintiff's religious practices. The state's refusal was based on its need to effectively monitor the quality, health, and financial integrity of services for which it paid.

Georgia State Board To Offer Minimal Guidance On Bible Courses

Earlier this year, the Georgia legislature enacted a law requiring the State Board of Education to create two optional courses on the history and literature of the Old and New Testament. (See prior posting.) Today's Atlanta Journal Constitution reports that the plan that will likely be adopted by the state board next month will offer little specific guidance to schools in designing the courses. It will provide that the goals of the half-semester courses will be to teach the origins and literary styles of the Bible, its major narratives, its influence on contemporary culture, and the development of translations. Courses can cover the history of the kingdom of Israel, the poetry of the Old Testament, the life and parables of Jesus, life and travels of the Apostle Paul and the influence of the Scriptures on literature, art, music, law and current events. The state board will not provide specific lesson plans or suggest reading materials other than the Bible which the law requires to be the basic text.

NY Court Upholds Zoning Charges Against Church

In City of Albany v. Trinity Church, (Alb. NY City Ct., Dec. 20, 2006), a New York state trial court denied a church's motion to dismiss charges against it alleging that it was occupying its building without a valid occupancy certificate and had changed the use of a building without a permit. The court rejected the church's claim that the charges violated its free exercise rights under the U.S. and New York constitutions. It held that the city's zoning laws are not specifically directed at defendant's religious practices, but are valid, content neutral laws of general applicability, adopted to promote the health, safety and general welfare of the public.

New Study On Legal Developments Affecting Faith-Based Initiative

A release by the Roundtable on Religion and Social Welfare Policy announces the recent publication of a 116-page report titled The State of the Law 2006: Legal Developments Affecting Government Partnerships With Faith-Based Organizations. Authors Ira C. Lupu and Robert W. Tuttle say that this year's developments involve a mix of procedural and substantive concerns. The report covers the adequacy of guidance to faith-based organizations; government grants to increase faith-based organizations; faith-based programs in prisons; government chaplaincies; and the structure of Establishment Clause lawsuits challenging faith-based programs.

Italian Parliamentarians Use Nativity Scene To Promote Gay Rights

In Italy's Parliament, advocates of legislation permitting civil unions between same-sex couples found a graphic way to make their point on Wednesday. 365gay.com reports that two members of Italy's leftist coalition added figures of two same-sex couples to the nativity scene on display in Parliament. The small doll couples, holding signs promoting gay rights, were placed among the shepherds for a few minutes until Parliamentary pages removed them. Parliament members Bruno Mellano and Donatella Poretti said they wanted to show that gay couples have been around since the time of Jesus and that it is time for Italy to grant them legal rights.

Do Open Meeting Laws Prevent Sensitivity Training Of Fellow Public Official?

Yesterday's Toledo Blade reports that in suburban Perrysburg Township, Gary Britten, one of the three Township Trustees, used an offensive phrase that he apparently thought was just a "figure of speech" at the Township Trustees' meeting on Monday. After voting with fellow commissioners to give the township's deputy fire chief an extra week to negotiate a better price for two pieces of emergency medical equipment, Britten apparently urged the fire chief to "Jew him down". The remarkable legal twist to this incident is the reaction of a fellow Township trustee, Craig LaHote, after local rabbis were quoted in the press as urging someone to explain to Britten the offensiveness of his remark. LaHote said that Ohio's open meeting law (ORC Sec. 121.22) prevents a quorum of elected leaders from discussing township business outside of an official meeting. Since there are only three trustees, he said it would be illegal for him or board Chairman Bob Mack to discuss the matter with Britten privately.