Standing To Challenge Spending Promoting Faith-Based Initiative Upheld

On Friday, the U.S 7th Circuit Court of Appeals, by a vote of 2-1, held that taxpayers have standing to bring an Establishment Clause claim challenging Executive Branch spending on conferences to promote President Bush's "Faith-Based and Community Initiatives." At issue in Freedom From Religion Foundation, Inc. v. Chao (7th Cir., Jan. 13, 2005) was the question of whether taxpayer standing extends to situations in which there is no specific earmarking of funds by Congress for the challenged activity, and instead the spending comes from a general appropriation by Congress. Judge Posner wrote the majority opinion, and Judge Ripple dissented.

UPDATE: Here is further discussion and analysis of the case by Profs. Ira Lupu and Robert Tuttle.

Canadian Study Urges Legalization of Polygamy

A new study commissioned by the Canadian federal government recommends the legalization of polygamy and legislation to help women and children living in plural relationships. Friday's National Post reported on the study conducted by three law professors at Queen's University in Kingston. The drafters said that the current polygamy ban may well be unconstitutional under the Canadian Charter of Rights and Freedoms as a violation of freedom of religion. Polygamy has been practised for more than 60 years in Bountiful, British Columbia by a fundamentalist Mormon community living there. Last year, the RCMP investigated allegations of child abuse and sexual exploitation by the group, but no charges were filed.

Free Exercise Claim In Custody Order Rejected

On January 10, in Annette F. v. Sharon S., a California appellate court rejected a free exercise claim challenging a child custody order entered in a dispute between a child's birth mother and his adoptive mother, who were formerly lesbian partners. The birth mother, who practices Orthodox Judaism as a member of a Chabad congregation, argued that the trial court's time-share order must be reversed because it interferes with her weekly observance of Shabbat with her son. The adoptive mother , who is Christian, wished to expose their son to Reconstuctionist Judaism on some Saturdays. The court held that the birth mother had forfeited her constitutional claim by not raising it earlier, and even if that is not the case, that the claim lacks merit. The court indicated approval of the trial judge's finding that exposing the child to multiple Jewish practices can provide him with a better sense of Jewish religion and tradition.

Prisoner May Proceed On Communal Worship and Religious Name Allegations

In Shidler v. Moore, 2006 U.S. Dist. LEXIS 892 (ND Ind., Jan. 3, 2006), an Indiana federal district court granted a Muslim prisoner leave to proceed against a prison chaplain and his administrative assistant for damages for denying him access to communal worship. The court also permitted the prisoner to proceed with his claim for damages and an injunction for denying him the ability to send or receive mail using his religious name. Several other claims by the prisoner, including one that the prison had incorrectly listed him as Christian rather than Muslim, were rejected.

NY Appellate Court Rejects Challenge To Required Contraceptive Coverage

Yesterday, a New York appellate court upheld against constitutional attack a provision in the state's Women's Health and Wellness Act that requires employers who offer their employees prescription drug coverage to include coverage for prescription contraceptive drugs and devices. The statute contains an exemption for religious employers such as churches and schools that inculcate religious values and primarily employ persons who share the organization's religious tenets. But the exemption would not cover religiously affiliated social service organizations or hospitals. By a 3-2 decision, the court in Catholic Charities of the Diocese of Albany v. Serio (Dec. 12, 2005) rejected free exercise, establishment clause and free speech challenges by Catholic and Baptist groups. However, the dissenters argued that the provision violated both the U.S. and New York state constitution. Today's New York Law Journal summarizes the decision and points out that a far broader "conscience clause" was specifically rejected by the New York Legislature when the controversial bill was enacted in 2002.

SC Legislator Proposes Mandatory Cadet Prayer At Citadel

In 2003, The Citadel, in South Carolina, dropped its tradition of a mandatory mealtime prayer led by cadets, and instead instituted a period of silence before each meal at which a cadet merely has the option to pray silently. The change came after the U.S. 4th Circuit Court of Appeals struck down mandatory prayer at Virginia Military Institute. (CNN report.) Now a South Carolina legislator is attempting to reintroduce mandatory mealtime prayer at the Citadel. State Rep. Wallace Scarborogh told WCIV News (Charleston, SC): "They said that didn't have the legal authority to have prayer so I said well if they don't have the legal authority let's give them the legal authority."

Governor's Grant To Rebuild Historic Church Questioned

In Chicago last week, the historic Pilgrim Baptist Church, the birthplace of gospel music, went up in flames. Apparently the fire was caused by workers using a blow torch to repair a leaking roof. According to the Chicago Sun-Times, on Monday Governor Rod Blagojevich pledged $1 million of state money to help restore the facility. The Governor's spokeswoman, Cheryle Jackson, said "It's not going to the rebuilding of the church itself, so it doesn't violate constitutional role of separating church and state." The grant will come from the capital project fund that is used for community investments ranging from hospitals to schools. The grant to Pilgrim Baptist will go toward rebuilding the administration building, which housed a school, as well as historical documents.

Some are still questioning the legality of the Governor's move. Eric Zorn wrote in yesterday's Chicago Tribune: "Forget for a moment that the Illinois Constitution explicitly forbids funding schools that are controlled by churches. Reflect instead that any dollar the church doesn't have to spend rebuilding its school is a dollar it does have to spend rebuilding its sanctuary for Christian worship."

Scout Troops Feel Impact of Earlier Court Decision

The North Scott Press (Eldridge, Iowa) on Wednesday carried a long, interesting article on the impact of last summer's decision by an Illinois federal district court that government support of the Boy Scouts, to the exclusion of other groups, violates the Establishment Clause because of the religious component in scouting. In Eldridge, the charter of a Cub Scout Pack has been transfered from a public school to an American Legion group. After the decision in Winkler v. Chicago School Reform Bd. of Trustees finding an Establishment Clause problem in Pentagon funding of the Boy Scout Jamboree, scout organizations began to fear ACLU challenges to troops sponsored by governmental organizations. The problem affects troops affiliated with military bases, as well as those chartered by public schools.

There is no problem with scout groups meeting in schools, when the facilities are open to other groups as well. But, according to Ben Stone, executive director of the Iowa ACLU, "Chartering creates a special status and gives (the BSA) special treatment. Government should exercise their discretion and make the decision to not allow local taxpayer funds to be used to subsidize religious discrimination and discrimination on the basis of sexual orientation."

Jewish Group Denies Wrongdoing In Ties To Abramoff

The Seattle Weekly has published the full text of a long e-mail message that has been widely circulated and posted online by Rabbi Daniel Lapin, responding to charges that he was connected to the Jack Abramoff lobbying scandal. Lapin, the head of a conservative Jewish group, Toward Tradition, talks about the role of Abramoff on his organization's board of directors, and about his personal friendship with Abramoff. Lapin says that Toward Tradition conducted itself with integrity and propriety.

Jack Abramoff's Plea Agreement included an Attachment setting out the factual basis for the plea. It included the following paragraph:

...Abramoff and others sought Staffer A's agreement to perform a series of official acts , including assisting in stopping legislation regarding internet gambling and opposing postal rate increases. With the intent to influence those official acts, Abramoff provided ... ten equal monthly payments totaling $50,000 through a non-profit entity to the wife of Staffer A.

Lapin says that the non-profit referred to was Toward Tradition. However, he says, the payments were for work actually done for the group in organizing conferences; and the amounts were typical of fees charged for this kind of work. Lapin said that it is not uncommon for donors to make specific gifts for specific purposes, so they thought that this was a completely legitimate arrangement.

Alito Discusses Religion Clause Views At Hearing

For the first time during his nomination hearings, yesterday Judge Samuel Alito discussed at some length his views on the Establishment and Free Exercise clauses. The discussion came during questioning by Sen. Sam Brownback, R-Kan. The testimony is summarized in an Associated Press report. The full transcript was reprinted by the Washington Post. The exchange focused on several of Alito's Third Circuit opinions, and produced nothing in the way of surprises about his views.

City Councilman Challenges Council's Prayer Policy

In Virginia, according to today's Free Lance-Star, Fredricksburg City Councilman Hashmel Turner has filed suit in federal district court claiming that the city's policy of prohibiting sectarian prayers at city council meetings violates his First Amendment rights. Turner, who is a Baptist minister, has traditionally invoked the name of Jesus when giving an opening prayer at council meetings. In response to an ACLU complaint, city council adopted a policy of requiring opening prayers to be nondenominational. Then the Mayor excluded Councilman Turner from the prayer rotation because of his refusal to abide by that policy. Represented by the Rutherford Institute, Turner claims that City Council is engaged in an unlawful attempt to prescribe the content of prayers at City Council meetings. The suit claims this violates Turner's rights to free speech, free exercise of religion, and equal protection of the law, as well as the Establishment Clause. The Rutherford Institute has also issued a release explaining the lawsuit, and arguing that Fourth Circuit precedents on the issue have created "confusion".

Trial of Muslim Cleric For Soliciting Murder Begins In Britain

In London on Wednesday, the criminal trial against Islamic cleric Abu Hamza Al Masri began in Old Bailey. He is charged with soliciting murder and stirring up racial hatred. The Middle East Times reports that prosecutor David Perry said that Hamza, in his sermons and lectures, told his followers that part of their religious duty was to kill apostates and non-believers-- particularly Jews. Perry told the jury that this was not a trial against Islam or the Koran, but about what Hamza said. Perry added: "It is quite clear that no religion condones the murder or killing of innocent men, women or children or the dissemination of hatred and bigotry. Any suggestion that murder and hatred can be wrapped in a cloak of righteousness and justified on the basis of the great religion of Islam and its book, the Koran, is simply incorrect." Hamza denies all the charges.

Roy Moore Officially Enters Alabama Gubernatorial Race

Reuters reports that former Alabama Supreme Court Chief Justice Roy Moore officially entered the race for Alabama governor on Wednesday. Moore became famous for setting up, and then refusing to remove, a large 10 Commandments monument in the Alabama state judiciary building. His defiance of court orders eventually led to his removal as Chief Justice in 2003, but his stance endeared him to many Christian fundamentalists.

Israel May Not Give Robertson Land For Center After His Remarks

According to the January 13 edition of the Forward, the Israeli Tourism Ministry may block Rev. Pat Robertson's plan for an evangelical center alongside the Sea of Galilee, after Robertson suggested last week that Prime Minister Sharon's stroke was a punishment from God. The Israeli government was planning to furnish the land for the center free of charge, until Robertson's remarks last week on his television program, "The 700 Club." Government spokesman Ido Hartuv said the Tourism Ministry may pursue the plan for the Christian center with other evangelical leaders. He also suggested that the rejection of Robertson might not be final, saying , "We just want to find out what are the reasons for his statement. Maybe we didn't get him like he meant to be."

Navy Chaplain Ends Protest Fast

The Washington Post reported yesterday that Navy Chaplain James Klingenschmitt ended his 18-day hunger strike in front of the White House in protest of what he said were Navy restrictions on his preaching Christianity. A Navy spokesman said that chaplains are free to pray as they wish in any military chapel or worship service. But in other settings that are essentially secular in nature, such as a retirement or memorial ceremony attended by personnel of many faiths, they are asked to offer nonsectarian prayers. At one point, Klingenschmitt was told he could not wear his Navy uniform during the hunger strike. Klingenschmitt vowed that he would not eat "until the president gives me back my uniform and let's me pray in the name of Jesus." Ultimately he was permitted to wear if he was conducting a bona fide worship service in front of the White House. He broke his fast with a communion wafer. [Thanks to Blog from the Capital for the information.]

Concerned Women Group Supports Alito, Citing Religion Views

Concerned Women for America yesterday issued a statement supporting the confirmation of Supreme Court nominee Samuel A. Alito. CWA is a public policy organization dedicated to Biblical principles. Commenting on the first day of hearings, the group said:

Yesterday, Democrats on the Senate Judiciary Committee tried to make Justice O’Connor the gold standard to which they will hold Judge Alito. Nothing could be worse, especially when it comes to protecting our first liberty, religious liberty. After all, O'Connor thinks it violates the Establishment Clause to publicly display the Ten Commandments.

Judge Alito has consistently protected the free exercise rights of all religious people, including Christians, Jews, Muslims, Native Americans and the artwork of a young school boy thankful for Jesus. He has ruled against government actions that discriminate against or unfairly burden religion, and he has rejected government attempts to use the Establishment Clause to remove all things religious from the public square.

Ohio Board Refuses To Change Standards For Teaching Biology

The Columbus Dispatch reports that at yesterday's meeting of the Ohio Board of Education, a member raised the issue of dropping state guidelines on teaching of biology. After a bitter exchange between board members on whether Ohio's model lesson plan was intended to promote Intelligent Design, the board by a vote of 9-8 refused to reconsider the standards. Two board members were absent. Critics of the standards made their point by having a man dressed as a panda outside the board meeting, carrying a copy of the book Pandas and People. The board's vote appears to open the way for threatened litigation by Americans United for Separation of church and State. (See prior posting.)

Pope Emphasizes Religious Freedom In Address To Diplomats

In the Vatican on Monday, Benedict XVI addressed the traditional meeting of the Pope with the diplomatic corps accredited to the Holy See. (Full text from Zenit News Agency.) Part of the Pope's remaks focused on the need for religious liberty:

by its very nature the Holy See's diplomatic activity is concerned with promoting, among other forms of freedom, the aspect of freedom of religion. Unfortunately, in some states, even among those who can boast centuries-old cultural traditions, freedom of religion, far from being guaranteed, is seriously violated, especially where minorities are concerned.

Here I would simply recall what has been laid down with great clarity in the Universal Declaration of Human Rights. Fundamental human rights are the same on every latitude; and among them, pride of place must be given to the right to freedom of religion, since it involves the most important of human relationships: our relationship with God. To all those responsible for the life of nations I wish to state: If you do not fear truth, you need not fear freedom! The Holy See, in calling for true freedom for the Catholic Church everywhere, also calls for that freedom for everyone.

Kentucky Governor Urges Teaching of Intelligent Design

Kentucky governor Ernie Fletcher does not appear to be convinced by recent defeats in the courts for advocates of teaching intelligent design. In an interview with the Associated Press after his State of the Commonwealth speech on Monday, Fletcher said Kentucky schools should consider teaching intelligent design along with other ideas of how the world began. Explaining his support for this approach, Fletcher said: "Our inalienable rights are based on the self-evident truth of those endowed inalienable rights. And all I was saying is that from my perspective that's not a matter of faith and it's not a matter of religion. It's a matter of something called self-evident truth."

Lessening Church-State Ties Recommended In Norway

In Norway, a commission set up in 2003 is expected to recommend shortly a loosening of the ties between church and state in the country. Ekklesia today reports that 14 of the 20 commission members favor relaxing the ties between church and state, without moving to a complete separation. Included in that group is a Muslim member of the commission. Four commission members want total separation, while 2 members favor the status quo. Since 1537, the king has also been the formal head of the Church of Norway, to which 85% of Norwegians belong.