Michigan Appeals Court Upholds Housing Complex Rezoning Under RLUIPA

The Jackson, Michigan Citizen Patriot reported yesterday that the Michigan Court of Appeals has affirmed a lower court's holding that clears the way for the Greater Bible Way Temple to build a 32-unit complex for the elderly and disabled in Jackson. The court found that the Religious Land Use and Institutionalized Persons Act requires the city to approve the church's zoning request.

UPDATE: The opinion in Greater Bible Way Temple of Jackson v. City of Jackson is available at 2005 Mich. App. LEXIS 2788 (Nov. 10, 2005). The court's opinion also upheld the constitutionality of the religious land use provisions of RLUIPA.

Christian Group Assigns Ministers To Train Air Force Cadets To Proselytize

The Washington Post reported today that The Navigators, a Colorado-based missionary group, has assigned two full-time Christian ministers to the U.S. Air Force Academy where they are training cadets to evangelize other cadets. This revelation comes in the wake of widespread objections about Christian proselytization at the Academy. A Pentagon investigation, congressional hearings, a civil lawsuit and Air Force guidelines adopted earlier this year have all focused on the problem. The Guidelines apply to officers, but do not limit "voluntary, peer to peer discussions."

A fund-raising letter from the Navigators' team of ministers, Darren and Gina Lindblom, said, "We have recently been given an unused classroom to meet with cadets at any time during the day." Referring to the Air Force Guidelines and the civil suit filed by a parent of a cadet, the letter said"we are vitally aware we are in the front lines of a spiritual battle." It continued, "Please pray for unprecedented wisdom for Gina and me as we coach these cadets to live among the lost, sharing the Gospel in the midst of this current climate. We must be so careful. Yet we do not wish to squelch the passion of men like Daniel," a cadet who has vowed to "impact the lives of 200 men with the Gospel" before he graduates.

An Academy spokesman said the Navigators are one of 19 outside religious groups -- including Buddhist, Jewish, Catholic and Mormon organizations -- that hold weekly voluntary meetings in a program known as SPIRE, for Special Program in Religious Education. After further inquiry, the spokesman said that the Academy's chaplains had also set aside a room that any SPIRE group could use for counseling cadets at other times.

Two Recent Prisoner Religious Rights Cases

In Asad v. Crosby, (Nov. 9, 2005), the U.S. Eleventh Circuit Court of Appeals rejected a prisoner’s complaint that he was denied his constitutional rights when he was not permitted to pray under a stairwell at a Florida correctional facility. The court found that the prisoner, Siddiq Asad, could instead pray in his cell, that barring him from the stairwell area furthered security interests of the prison, and that other accommodation would have more than a de minimus cost.

In Devine v. Schriro, 2005 U.S. Dist. LEXIS 27221 (D. Ariz, Nov. 4, 2005), an Arizona state prisoner claimed that his Free Exercise rights were being denied when, despite his sincere religious beliefs, prison officials denied him a Kosher diet because he had not provided letter from a rabbi. The federal district court dismissed the inmate’s claim, but permitted him to refile it within 30 days to allege specifically what the named defendants did to deny his rights.

Ban On Rosary Beads In Schools Lifted

In Lake Chelan, Washington, the Chelan School District board has lifted a ban on rosary beads little more than a week after school officials had prohibited them. A Wenatchee police officer had warned school officials that rosary beads worn around the neck could be a symbol of gang membership, particularly among Latino students. The Associated Press reported yesterday that the board dropped the ban on rosaries and a number of other symbols after protests from parents, students and members of the community. Other banned symbols that are now permitted include owls, the numbers 13, 14 and 18, and sports jerseys of certain famous players.

"Just Read, Florida" Program Stirs Church-State Objections

Agape Press yesterday reported on the controversy that has arisen around Florida Governor Jeb Bush's "Just Read, Florida" program. To encourage reading, the state is implementing grade level specific contests around the book The Lion, The Witch, and The Wardrobe. Students are being asked to read the book in conjunction with the December release of a Disney movie based on it, and to write an essay, create an art project or make a short video about the book or characters in it. Americans United for Separation of Church and State claims that the contest violates the First Amendment because it promotes a "religious story". The director of the program, Mary Laura Openshaw, says that the story can be read without references to Christianity, and that children can "read the book and decide for themselves" about any correlation with the story of Jesus Christ. Now the Alliance Defense Fund has offered free legal representation for any school sued by Americans United.

Florida High School Coach Uses Religion To Get Winning Team

The Orlando Sentinel today carries a story about the successful football program of East Ridge High School in Clermont, Florida. High school coach, Bud O'Hara, regularly leads his team in prayer and attributes the success of the team to his religious motivation of the players. "When we started this program four years ago, we made a commitment that we were gonna play for our savior," said O'Hara. "And we're not ashamed. When you play for a higher power, you seem to play a little harder, run a little faster and do things you normally couldn't do." O'Hara said that neither school officials nor parents have ever questioned the religious component of his program. Constitutional experts however question the propriety of O'Hara's approach.

Wisconsin Legislature Approves Communion Wine In Prisons

The Wisconsin State Journal today reports that the Wisconsin legislature has passed SB 174. It, for the first time, permits prisoners to have access to wine for Communion. The bill, as amended by the State Senate, allows inmates to consume up to 2 ounces of wine as part of a religious service. Opponents of the bill argue that this will exacerbate alcoholism problems among prisoners. However, supporters of the measure argue that denying access to wine violates inmates' religious freedom. They say that wine is a vital part of the sacrament for most Christians. Many ministers and priests say their faith does not permit substituting grape juice.

Two Religious Land Use Cases In The News

Two church land-use cases under the Religious Land Use and Institutionalized Persons Act are in the news today. The Virginian Pilot reports on one out of Portsmouth, Virginia. Federal district court judge Robert G. Doumar has denied a motion to dismiss a law suit challenging Portsmouth City Council's refusal to permit an empty 106-year old church building be reopened as a church. Meanwhile, in Scottsdale, Arizona, SonRise Community Church has filed suit in federal court challenging the city's refusal to permit it to build a Christian school facility on a 10-acre parcel of land owned by the church, according to the East Valley Tribune. The church is represented by the Alliance Defense Fund. Church officials say "God has called them to plant a church and establish a private, Christian school facility in north Scottsdale." City officials cited flooding and traffic problems in refusing a zoning permit.

UPDATE: The full opinion in the Portsmouth, Virginia case is Chase v. City of Portsmouth, 2005 U.S. Dist. LEXIS 29551 (Nov. 16, 2005).

European Court Upholds Turkish Headscarf Ban

The European Court of Human Rights has ruled that Turkey can ban Muslim women at universities from wearing headscarfs. BBC News yesterday reported that the court rejected an appeal by a Turkish woman who had argued that the ban discriminated against her on religious grounds and violated her right to an education. However, the court ruled that the ban was justified to maintain order and avoid giving a preference to religion.

Suit Challenges Faith-Based Prison Program

The Free New Mexican on Wednesday reported on a law suit filed by the Freedom From Religion Foundation challenging a Christian ministry program and a "God Pod" housing unit at privately run New Mexico Women’s Correctional Facility in Grants, NM. Plaintiffs argue that these programs impermissibly endorse and promote religion. The Corrections Department’s website says the programs are designed to help inmates “establish or strengthen a relationship with God” ; learn to live in a faith community; overcome addictive habits and other problems; strengthen family relationships; and "form new relationships within the Christian community." The state argues that faith-based programs do not violate the Constitution. Participation is voluntary, and the goal is to teach life skills, not religion.

State Agency Lacks Jurisdiction Over Priest's Discrimination Complaint

In Rweyemamu v. CT. Commission on Human Rights and Opportunities, 2005 Conn. Super. LEXIS 2798 (Oct. 21, 2005), a Connecticut Superior Court held that the state human rights commission had no jurisdiction over a complaint by a Black African priest that he was not appointed pastor or parochial administrator of a particular Catholic church. The court found that the Free Exercise clause also precludes it from reviewing a discrimination complaint in this kind of purely ecclesiastical matter.

Justice Department Claims Ohio's Union Contract Discriminates On Religious Grounds

The Religious News Service reported yesterday that the U.S. Department of Justice is challenging the state of Ohio's collective bargaining contract with 36,000 public employees. It argued in federal court in Columbus that the contract violates the Civil Rights Act of 1964 by requiring non-union employees to pay a representation fee to a union that advocates positions that the employee objects to on religious grounds.

The suit involves Glen Greenwood, a pollution control worker at the Ohio EPA. He sought to stop paying a representation fee to the union when he learned that it supports abortion and gay rights. Ohio's contract with AFSCME Local 11 only permits state workers to opt out if they belong to a church that historically has held conscientious objections to joining or financially supporting unions. Acting U.S. Attorney General Bradley J. Schlozman said the Civil Rights Division wants the exemption expanded to permit any worker who holds a sincere opposition to a union-funded activity to divert his or her representation fee to charity. He contends that the current contract discriminates against those with sincere beliefs who do not belong to churches with long histories of opposing unions.

Senate Votes To Allow Prayer At Military Academies

The U.S. Senate voted Wednesday to allow voluntary, non-denominational prayers at official events at the U.S. Air Force Academy and other service academies. Scripps-Howard reports that the vote, which added an amendment to the Defense Authorization Bill, was 99-0. The amendment would reverse recent Interim Guidelines adopted by the Air Force in the wake of charges of religious coercion at the Air Force Academy.

Voters Eliminate Cross From Redlands City Seal

In Redlands, California on Tuesday, voters defeated Measure Q, refusing to reverse city council's 2004 decision to remove the Christian cross from the city's official seal. The Redlands Daily Facts yesterday reported that nearly 60% of those voting opposed the measure. (See prior related posting.)

US House Recognizes 40th Anniversary of Nostra Aetate

On Monday, the U.S. House of Representatives passed, by a vote of 349- 0, H. Con. Resolution 260, recognizing the 40th anniversary of the Second Vatican Council's Declaration on the Relation of the Church to Non-Christian Religions. The Declaration, known as Nostra Aetate, began an era of improved relationships between the Catholic Church and the Jewish community around the world. The Concurrent Resolution encourages the President to exert the leadership of the United States to work toward ensuring that anti-Semitism and all forms of religious hatred and racial bigotry are not tolerated worldwide.

UPDATE: On November 10, the U.S. Senate also approved H. Con. Resolution 260.

Survey On Church-State Issues To Be Released

New York's Jewish Week reports that the Anti-Defamation League will release a survey next week showing that that 64% of Americans believe that religion is under attack in the U.S., with 57% saying that Christianity in particular is under attack. In answer to another question, 56% said they believe creationism should be taught with evolution in schools. The figure rises to 65% for those who attend church weekly and 70% for Evangelicals. It was 54 percent among those who attend church less than once a week. In a response to a third question, 64% of Americans said they believe religious symbols such as the Ten Commandments should be displayed in public buildings. Among weekly churchgoers, that figure jumps to 80%; among Evangelicals, it is 89%. It is 51% among those who attend church less than weekly.

UPDATE: The full poll was released on Nov. 21.

New Virginia Governor Impacted By Religious Experiences

On Tuesday, Democrat Tim Kaine won the race for governor of Virginia. The Associated Press on Tuesday reported that religious faith has been central to Kaine's life. As a child, he served as an altar boy. In his early 20's, Kaine served as a Christian missionary in Honduras. His experience with that nation's poverty had a lasting impact on him.

Dover School Board Voted Out; Foes of Intelligent Design Elected

As a trial judge is considering the constitutionality of Dover, Pennsylvania's policy on teaching about intelligent design, voters may have mooted the issue. The Washington Post reports today that the 8 Republican Dover school board members who were up for re-election yesterday were defeated by Democrats who oppose the teaching of intelligent design in science classes. A ninth school board member was not up for election. A spokesman for the winning slate said that they would not act to change the policy until the court hands down its ruling. [Thanks for the information to James Maule via Religionlaw].

Russian National Anthem Challenged For Reference to God

Interfax News Agency reported yesterday that the chairman of the Atheistic Society of Moscow, Alexander Nikonov, has gone to the Constitutional Court to challenge the reference to "God" in the Russian Federation's national anthem. He claims that the anthem violates Russia's Basic Law. Lev Levinson, an expert from the Institute of Human Rights, said Russian law ensures the secular character of the state.

Kansas Board of Education Revises Science Standards

Reuters reported yesterday that the Kansas State Board of Education, by a vote of 6-4, approved a new set of science standards that that include several challenges to the theory of evolution. The standards say that there is a lack of evidence or natural explanation for the genetic code, that fossil records are inconsistent with evolutionary theory, and that certain evolutionary explanations "are not based on direct observations... and often reflect... inferences from indirect or circumstantial evidence." State Board of Education's chairman, Steve Abrams, who has said that evolutionary theory is incompatible with the Bible's version of creation, praised the decision. Jack Krebs, vice president of Kansas Citizens for Science, said, "This is a significant attack on science. They really are advancing a sectarian religious view. They're treading on constitutional grounds." (See prior related posting.)