Rice- Mubarak Spar Over Egypt's Proposed Constitutional Changes

On route to her visit to Egypt, U.S. Secretary of State Condoleezza Rice strongly criticized a proposed package of constitutional amendments that will be voted on in a referendum in Egypt on Monday. One of them, aimed at the Muslim Brotherhood, bans political parties based on religious denomination. (See prior posting.) The Associated Press reports that in a nationally televised speech on Saturday, Egypt's President Hosni Mubarak defended the amendments. He said that history had taught him "the dangers of mixing religion with politics," and that the amendments would cut off those "attempting to strike at the unity of this nation's Muslims and Christians." AP reports on Sunday indicate that Secretary Rice raised her concerns directly in her opening talks with Mubarak.

UPDATE: On Tuesday Egypt announced that the voters had approved the 34 proposed constitutional amendments by a vote of 75.9% in favor. It said that turnout in Monday's referendum was 27%, but the Egyptian Organization for Human Rights says the turnout was much lower than that. (AP).

Recent Scholarship On Law and Religion

From SSRN:
David E. Guinn, Erecting the Barrier: Creating the New Liberal Compact on Religion, Chap. 3, and The Terrors of Christendom, Chap. 2. in Constantine's Standard: Religion,Violence, Politics, Law & Faith to Die For.

Mostly from SmartCILP:
Richard M. Esenberg, You Cannot Lose If You Choose Not To Play: Toward a More Modest Establishment Clause, 12 Roger Williams University Law Review 1-69 (2006).

Larry O. Natt Gantt, II, Charles H. Oates & Samuel Pyeatt Menefee, Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues, 19 Regent University Law Review 1-93 (2006-2007).

James L. Heft, S.M., Religion and Politics: the Catholic Contribution, 32 University of Dayton Law Review 29-46 (2006).

Erin E. Goodsell, Constitution, Custom, and Creed: Balancing Human Rights Concerns with Cultural and Religious Freedom in Today’s South Africa, 21 BYU Journal of Public Law 108 (2007).

Symposium Issue: God & War. Foreword by Linda Bevilacqua; articles by John D. Carlson, Liaquat Ali Khan, David A. Bosworth, Jeffrey F. Addicott and John D. Altenburg, Jr. 7 Barry Law Review 1-163 (2006).

Pope Criticizes EU 50th Anniversary Statement

Pope Benedict XVI yesterday strongly criticized European Union leaders for excluding any mention of God in the declaration marking the EU's 50th anniversary. (See prior posting.) Reuters quotes the Pope who said: "If on the 50th anniversary of the Treaty of Rome the governments of the union want to get closer to their citizens, how can they exclude an element as essential to the identity of Europe as Christianity, in which the vast majority of its people continue to identify."

Ohio's Anti-Funeral Picketing Law Largely Upheld

The Cleveland Plain Dealer today reports that an Ohio federal district court on Friday upheld key portions of Ohio's "Let Them Rest in Peace Act" (ORC 3767.30) that bans protests within 300 feet of a funeral from one hour before to one hour after the ceremony. The court held that the law protects people from unwanted communication, while allowing protesters to demonstrate elsewhere. The law is aimed at the Westboro Kansas Baptist Church whose members picket veterans' funerals around the country with signs claiming that God is killing American soldiers as punishment for "the sin of homosexuality." However the court struck down a provision of the law that creates a 300-foot floating buffer around a funeral procession. The AP reports that Westboro church members are still planning a funeral protest on Monday. Usually their protests are outside the 300-foot zone in order to get their message out near streets with heavy traffic.

Preacher Challenging NC City's Permit Requirement

In Hendersonville, North Carolina, a street preacher-- Billy Ball-- is challenging the city's ordinance that requires a permit from the police before delivering any speech or sermon, or demonstrating, on any city street, sidewalk or public grounds. The ordinance provides that a permit maybe revoked where "the good morals, safety and public order of the city so demand." Yesterday's Hendersonville News says that Ball claims his First Amendment rights are violated by having to obtain a permit from the police chief. The preacher has been cited twice for violating the ordinance. His most recent citation was for his carrying a sign reading: "Three gays rights: AIDS, hell, salvation." Ball plans to return with 20 demonstrators to again challenge the legality of the city's rule. Police Chief Donnie Parks' response is to quote back to Ball a Biblical verse (Romans 13:1) saying that everyone should submit to the governing authorities.

Ohio Ends Contract With Group Administering Faith Based Funds

As reported previously, Ohio's new Democratic governor, Ted Strickland, has ordered the state's Inspector General to investigate the operation of the Ohio Governor's Office of Faith-Based and Community Initiatives. Apparently the group that was under contract to manage $22 million in grants that faith-based organizations could access has refused to answer investigators' questions. ABP reports that this has led state officials to terminate the state's contract with the group, We Care America. The Dayton Daily News Dayton has published an investigative series that discloses ties between the White House and leaders of We Care America. Gov. Strickland, himself an ordained Methodist minister, said: "It just really seems as if this is an example of where money that should've legitimately gone to serve the needs of the poor and vulnerable people in Ohio was in my judgment misused, and it was done in the name of God. It's just reprehensible what happened here." Melissa Rogers' blog has more on the story.

Russian Museum Sued Over Anti-Christian Art

In Russia, a Russian Orthodox Church group, the People's Council, has filed suit in Moscow against the Andrei Sakharov Museum and Public Center over a display titled "Forbidden Art -- 2006". Today's Baltimore Sun reports that the suit charges the Museum with inciting religious and ethnic hatred. The display contains two dozen works that were kept out of Russian art galleries by self-censorship last year. Among them is a portrait of Jesus with a Mickey Mouse face and an icon of the Virgin Mary made to look like caviar. The coordinator of the People's Council said: "It's considered blasphemous to mock Christian feelings. It's like insulting the American flag."

Demolition Permit Denial Violates Free Exercise Clause

In Mount St. Scholastica, Inc. v. City Of Atchison, 2007 WL 782196 (D KA, March 12, 2007), a Kansas federal district court held that application of the Kansas Historic Preservation Act to deny a demolition permit to a religious monastic community violates the Free Exercise clause of the First Amendment. Applying 10th Circuit precedent, the court held that because the law provides for individualized determinations, a strict scrutiny test is to be applied to the government's decisions. In cases of religious hardship the government must have a compelling reason to refuse to grant an exemption from the historic preservation law's requirements. Historic preservation is not a compelling governmental interest. [Thanks to Eugene Volokh via Religionlaw for the lead.]

Clergy Breach of Fiduciary Duty Claim Dismissed Under Establishment Clause

In Lowery v. Cook, (UT Ct. App., March 15, 2007), a Utah Court of Appeals held that the Establishment Clause bars a claim for breach of fiduciary duty by a clergyman in connection with an ecclesiastical counseling session. Adjudicating the claim would create excessive entanglement between government and religion.

Tennessee AG Says Creationism Resolution Does Not Violate Establishment Clause

Last month (see prior posting) a Tennessee legislator introduced a resolution in the state Senate that would ask the state commissioner of education a series of questions about why schools are not teaching creationism. Last week, Tennessee's attorney general issued Opinion 07-29 which concludes that: "Senate Resolution 17 violates neither the Establishment Clause of the United States Constitution, nor Article I, Section 4 of the Tennessee Constitution." In reaching that conclusion, the Opinion says:

Senate Resolution 17 compels no action regarding religion, and imposes no sanction for disobedience. This resolution is therefore not the type of "law" that may infringe upon the terms of the Establishment Clause.

Furthermore, insofar as Senate Resolution 17 merely asks three questions concerning religion and the teaching of creationism in Tennessee schools, it is difficult to interpret the resolution as a measure "establishing" religion in contravention of the Establishment Clause....

We further do not consider that any reasonable interpretation of Senate Resolution 17 runs afoul of this provision of the Tennessee Constitution. The resolution is completely devoid of any provision suggesting that the Commissioner of Education must satisfy any religious "test" in order to qualify for her office.

Despite the resolution, its sponsor Sen. Raymond Finney says that he may reword the resolution. (NCSE release.)

NY State Takes Over Religious Discrimination Complaint Against Clinic

The New York state Division of Human rights has taken over administration of a religious discrimination complaint filed in Spring Valley, NY with the Rockland County Commission on Human Rights by the NAACP. (See prior posting.) The complaint claimed that the Ben Gilman Medical and Dental clinic -- which had received federal funding -- unlawfully imposed the its owners beliefs on others by closing on Saturday, the Jewish Sabbath. The clinic in turn argued that forcing it to open on Saturdays would constitute illegal religious discrimination. The New York Journal News today reports that the state takeover places in question a tentative settlement that the parties had negotiated. It provided for opening on the clinic on Saturdays for an eight-week trial period; maintaining a diverse, multilingual staff and providing diversity training to the staff.

French Paper Acquitted On Charges of Publishing Caricatures of Muhammad

A French court yesterday acquitted the satirical newspaper Charlie-Hebdo and its director, Philippe Val, of charges of "publicly abusing a group of people because of their religion" by publishing caricatures of the Prophet Muhammad. Several of the cartoons had first appeared in a Danish newspaper. The court ruled that Charlie-Hebdo had no intention of insulting the Muslim community with the caricatures. The Associated Press reported on the decision. (See prior related posting.)

Portland Archdiocese Bankruptcy Reorganization Moves Ahead

Portland, Oregon's Catholic Sentinel reports that parishioners in western Oregon will receive notice this week of a proposed settlement in a class action lawsuit over whether parishes, schools and certain funds are available to pay claims of the Catholic Archdiocese of Portland. The Notice (full text) says that in the settlement no property of schools or parishes will be used to pay debts of the Archdiocese. Parishes and schools will receive a discharge from all liabilities of the Archdiocese. Then the Archdiocese will restructure itself, Parishes and Schools into various charitable trusts or nonprofit religious corporations, separate from the reorganized Archdiocese. Property will be transferred among the new entities in a way that does not diminish the Archdiocese's ability to make payments under the plan of reorganization.

Vietnam Recognizes Baha'i and 3 Other Groups

Vietnam News Service yesterday reported that the Baha'i Community of Vietnam is celebrating its receipt last month of a certificate of operation from the Government's Committee for Religious Affairs. Three additional groups have also recently received certificates: "Four Debts of Gratitude"; "The Pure Land Buddhist Home-Practice Association"; and "The Vietnam Christian Religion Missionary Alliance". Previously six other religions had been recognized by the government: Buddhism; Catholicism; Protestantism; Cao Dai; Hoa Hao Buddhism; and Islam. Buddhism is the largest of these, with 10 million followers in the country.

Final Attempt To Overturn Britain's Sexual Orientation Regulations Loses

Yesterday, a final attempt to prevent Britain's Equality Act (Sexual Orientation) Regulations from going into effect was defeated in the House of Lords by a vote of 168 to 122. Christianity Today reports that the defeated motion put forward by Baroness O’Cathain, as 1000 Christians in support of the motion gathered outside Parliament in a prayer vigil. Following the vote, the Lawyers' Christian Fellowship issued a statement saying in part: "The result of the vote will mean that rather than balancing rights, the right to live a homosexual lifestyle will trump the right to live a Christian lifestyle." (See prior related posting.)

Taxpayer Challenge To Funding Faith-Based Marriage Counseling Group Dismissed

A federal district court in Washington state has dismissed a lawsuit brought by 13 Washington taxpayers alleging that federal grants made to the Northwest Marriage Institute were used to finance religious activities in violation of the Establishment Clause. In Christianson v. Leavitt, (WD WA), March 20, 2007) [available in PACER], the court found that capacity-building grants, and a grant to support a secular marriage workshop, met the requirements of the Lemon test-- and so there were no Establishment Clause violations present. Americans United for Separation of Church and State that represented plaintiffs issued a statement saying it was disappointed in the ruling, but that the court reaffirmed key principles of church-state separation. (See prior related posting.)

UPDATE: The full opinion is now available online, as is defendant's motion to dismiss, thanks to the Christian Newswire (CLS press release). [Thanks to Blog from the Capitol for the lead to this update.]

Jordan's Parliament Deletes Controversial Provision In Proposed Press Law

Playfuls today reports that both houses of Jordan's Parliament have voted to eliminate a provision in a new press and printing law that would have permitted imprisonment of journalists for "degradation, defamation, vilification or abuse of religion". The earlier version of the bill that contained the provision led met widespread objection. (See prior posting.)

Court Finds Cross On City Water Tower Unconstitutional

In American Atheists, Inc. v. City of Starke, Florida, 2007 U.S. Dist. LEXIS 19512 (MD FL, March 19, 2007), a Florida federal district court held that Starke, Florida's placement and maintenance of a lighted cross on the top of the city's water tower violates the Establishment Clause of the U.S. and Florida constitutions. The court held that the case was not moot even though the city had removed the cross. It granted plaintiffs' request for an injunction because it is not clear that city will not put the cross back up at a later date. Today's Gainesville (FL) Sun reports on the decision.

German Judge Cites Koran Verse In Denying Accelerated Divorce

Under German law, a person seeking a divorce must wait one year after separation from his or her spouse, except in cases of unreasonable hardship. Spiegel Online yesterday reported on a judge's decision in January holding that domestic violence and death threats by a husband against his wife did not meet the hardship criterion because the man and wife both have Moroccan backgrounds. In denying the accelerated divorce, the judge cited a passage in the Koran that some have interpreted as permitting a husband to beat his wife. The judge said: "The exercise of the right to castigate does not fulfill the hardship criteria as defined by Paragraph 1565 (of German federal law)." (Background on German divorce law.) However now that the wife's attorney has gone public about the case, a court in Frankfurt granted the wife's motion to disqualify the judge for conflict of interest.

UPDATE: In response to widespread criticism of the judge's decision to deny an accelerated divorce, the Court's vice president said that the judge "regrets that the impression arose that she approves of violence in marriage." (International Herald Tribune).

UPDATE: German lawyer Andreas Moser has posted more information on the case suggesting that the media have been exaggerating the holding. He says that the opinion focuses on whether the government will pay for counsel for the wife instead of requiring her to wait 2 more months to obtain her divorce after the 1-year waiting period. [Thanks to Dispatches from the Culture Wars for the lead.]

Father Sues LDS Church Over Ordination Of Sons

In Utah yesterday, a state court of appeals heard oral arguments in a case in which a father claimed that the Mormon church ordained his two sons without his permission. Yesterday's Salt Lake Tribune says that he sued after the LDS Church refuse to issue an apology. The case is part of a broader fight between the boys' father, Michael Gulbraa, and his former wife Etsuko Tanizaki Allred over custody of the two boys. Their mother had requested the ordinations in Japan where she had taken the boys, but at a time after the father had been awarded custody of them.