Miers On Church-State In 1993

Supreme Court nominee Harriet Miers has made available to the Senate Judiciary Committee a number of her speeches from the early 1990's when she was president of the Texas Bar Association. The Washington Post today reports on them. Part of a 1993 speech to Executive Women of Dallas focused on church-state issues. ProLifeBlogs has posted the full text of that speech. Here is part of her remarks:

The law and religion make for interesting mixture but the mixture tends to evoke the strongest of emotions. The underlying theme in most of these cases is the insistence of more self-determination. And the more I think about these issues, the more self-determination makes the most sense. Legislating religion or morality we gave up on a long time ago. Remembering that fact appears to offer the most effective solutions to these problems once the easier cases are disposed of. For example, if a preacher is committing fraud and it can be shown, even if he is a preacher, he should be stopped. But if we just think people are ignorant or stupid for giving their money for a blessing, that is a different matter. No one should not [sic.] be able to oppressively require a student to participate in religious activities against their will, but if a student on his or her own chooses to express him or herself in religious terms, that should not be prohibited. Where science determines the facts, the law can effectively govern. However, when science cannot determine the facts and decisions vary based upon religious belief, then government should not act. I do not mean to make very complex, emotional issues too simplistic. But some of these issued do not need to be as complicated as they have become if people deal with each other with respect and even reverence.

State To Challenge Ruling On Native American Religious Freedom

On September 7, a federal magistrate judge in Fayetteville, Arkansas ruled that a prisoner, Billy Joe Wolfe Jr., a member of the Cherokee tribe, should be allowed the use of a prayer feather in state prison so he can carry out his sincerely held religious belief that the use of feathers is necessary when communicating with the Great Spirit. Presumably the claim was filed under RLUIPA. The judge also said that officials had violated the American Indian Religious Freedom Act. She awarded Wolfe nominal damages of $1 and denied his claim for punitive damages. Yesterday, the Associated Press reported that jail officials are appealing the magistrate's recommendation, which must be approved by the district judge before it becomes final. They believe that a feather could be used either as a weapon or for sexual gratification. The judge said jail officials have legitimate concerns about safety and security but that their response was exaggerated because inmates have already have access to items such as pencils, which also can be used as weapons. Also no effort was made to consider methods such as controlled access to feathers.

House of Lords Votes To Amend Religious Hatred Bill

In Britain on Tuesday, according to the London Telegraph and the Times, the House of Lords voted 260- 111 in favor of an amendment to the Racial and Religious Hatred Bill. (See prior posting.) The amendment would require the prosecution to prove intent before a conviction could be obtained. It would also introduce a general "freedom of expression" defense making it clear that merely exposing a religion to ridicule, insult or abuse would not constitute an offence. Lady Scotland suggested that the Home Office would seek to compromise on the bill. Here is Ekklesia's report opposing the original bill, Rethinking Hate Speech, Blasphemy and Free Expression.

Sudan Closing Christian Schools For Serving Food During Ramadan

Catholic World News today reports that Christians in Sudan are protesting the government's decision to close down Catholic schools for refugees during Ramadan. The Ministry of Education has warned that any school functioning during Ramadan will be fined. The Islamic government explained that the schools were providing students with food, and eating during the day is forbidden during Ramadan. The Catholic educational system that runs 80 schools for refugees is appealing the decision. Many of the refugees they serve are severely malnourished. The Sudan Tribune commented: "It is ridiculous for the government to force non-Muslims to fast and close schools for internally displaced persons on the pretext they were offering food."

Church-State Issues Shaping Up As Important In Next French Election

Reuters today reports that the separation of church and state is shaping up as an issue for France's next presidential election as politicians look for support among France's large Muslim minority. Nicolas Sarkozy, the interior minister who is already planning his campaign for the 2007 election, staked out the issue last week by appointing a commission to study possible changes to the law separating religious and secular matters. President Jacques Chirac and Prime Minister Dominique de Villepin responded over the weekend, reaffirming their support for the 100-year-old law on secularism and announcing that a change "is not on the agenda." Catholic and Jewish leaders oppose any change in the law, and Muslims are divided on the issue. The small Protestant Federation of France is the only long-established religious community calling for a change, mostly because evangelicals face administrative problems trying to build churches.

Trial Begins On Faith-Based Prison Program

The Des Moines, Iowa Register reports that a trial begins today in U.S. District Court in Des Moines raising a Establishment Clause challenge to an Iowa prison treatment program based on Christian-oriented values. The program, the InnerChange Freedom Initiative, was established at the Newton state prison in 1999 by Prison Fellowship Ministries, founded by former Watergate figure Charles Colson. The Iowa Legislature has appropriated $310,000 from the Healthy Iowans Tobacco Trust for a "value-based treatment program" at the Newton prison. Former Virginia Attorney General Mark Earley, president of Prison Fellowship Ministries, said the state money is used for nonreligious purposes, such as vocational and general education programs, and for administrative costs. Private money covers other expenses, he said.

Native American Prisoner Can Proceed On Sweat Lodge Claim

In Prayer Feather Farrow v. Stanley (D NH, Oct. 20, 2005), a New Hampshire prisoner who is a practicing member of the Lakota Sioux Nation and the Native American Sacred Circle claimed eight separate violations of his right to practice his religion: (1) preventing him from possessing tobacco for prayer and ceremonial use; (2) denying him access to medicines and herbs for ceremonial use; (3) prohibiting him from engaging in daily group prayer with other members of the Sacred Circle; (4) failing to supply him with Native American foods on religious holidays; (5) refusing to allow him to wear feathers at all times; (6) barring the various Native American nations represented within the Sacred Circle from meeting as sub-groups; (7) failing to employ a Native American consultant to shape the DOC's religious policies; and (8) denying him access to a sweat lodge for ritual purification.

Plaintiff claimed that prison officials violated RLUIPA, the First Amendment and the Equal Protection Clause of the 14th Amendment. The federal district court granted summary judgment to state prison officials on all but one of the claims. On plaintiff's claim that he has been denied access to a sweat lodge for ritual purification, the court denied the state's motion for summary judgment and permitted the claim to move to trial. The court held, however, that defendants are entitled to qualified immunity on plaintiff's claim for monetary damages.

Newly Available Publications

The table of contents of the Summer 2005 issue of the Journal of Church and State is now available online. The issue's editorial and country notes are also available in full text online. The issue appeared in hard copy in late August.

Walter J. Walsh, The Priest-Penitent Privilege: An Hibernocentric Essay In Post Colonial Jurisprudence, 80 Indiana Law Jour. 1037-1089 (2005). [Thanks to SmartCILP].

Dispute Over Display of Crucifix In Italian Courtroom

In northern Italy, in the town of Carmerino, a judge is refusing to hold court until there are some concession on church-state issues. The Australian reports today that Judge Luigi Tosti objects to the crucifix hanging in his courtroom. While Tosti was baptized as a Catholic, he objects to favoring one religion. He either wants the crucifix taken down, or a Jewish candelabrum displayed alongside it. Judge Tosti says: "In public offices, the cross is the only theological symbol on display. That's like saying white people can come in and the blacks stay outside. It's a form of religious discrimination."

The same kind of issue has arisen elsewhere in Italy. In 2003, Muslim activist Adel Smith tried to get a crucifix removed from his son's classroom. An appeals judge ruled that the cross could stay, as a symbol of Italy's cultural heritage and values. Subsequently Smith engaged in self-help. When nurses treating his mother in a public hospital refused to take down the crucifix above her bed, he tossed it out the window.

UPDATE: On Nov. 18, Judge Tosti was convicted of failing to carry out his official duties and was sentenced to seven months in jail, according to the Associated Press. An appeal is planned.

Intelligent Design Proponents Present Effective Witnesses

The Washington Post carried an interesting article on Friday on the progress of the trial in Kitzmiller v. Dover Area School District-- the case involving the propriety of teaching about Intelligent Design. (See prior posting.) The article, by Post reporter Michael Powell, was titled "No Easy Victory Ensues In Legal Battle Over Evolution". In it, Powell says: "[B]ringing a legal case against intelligent design is a tricky business. The small band of scientists who publicly support intelligent design are able debaters, and, as became clear when [biochemistry professor Michael J.] Behe took the stand, they do not sound remotely like William Jennings Bryan, the lawyer who eight decades ago in Tennessee invoked biblical authority to decry evolution."

Editor Sentenced For Blasphemy In Afghanistan

Reuters reports today that an Afghan court has sentenced the editor of a women's magazine to two years imprisonment for writing a blasphemous article against Islam. In his article, Mohaqiq Nasab questioned the need for harsh Islamic punishment for apostates, thieves and others. Under Islamic law, blasphemy is punishable by death. Nasab can appeal the sentence.

Teheran Paper Decries Christian Missionaries

The Islamic Republic News Agency reports on an editorial in Sunday's Teheran Times that decries the activities of Christian missionaries throughout the Islamic world. The editorial contended that Fundamentalist evangelists are backed in the United States by many politicians and millions of dollars of donations. It said that the main reason of providing help for the needy in Muslim areas "is not to give humanitarian assistance but to gain sympathy and trust, which are needed for missionary activities." In many Muslim countries there are no specific laws that prohibit Christians from conducting missionary activities. The paper said such activities, however, are forbidden by the shariah (Islamic law).

Religion and Zoning In Rockland County, NY

The New York Times today focuses on Ramapo, New York in Rockland County. There is rising tension between Orthodox Jews in the community and other groups. At the center of current tensions are a rezoning plan for an area called Patrick Farms which will allow homes to be built on one acre instead of two. But this is part of a larger battle against ultra-Orthodox Jews and politically connected developers connected to them. Other groups claim they have a disproportionate influence in government. These residents point to neighboring Hassidic Jewish towns such as New Square, and fear that this is what will become of Ramapo. But Marlaine Paone, a leader of an effort to form a village called Ladentown to better control growth in Ramapo, says: "It's about development, about the environment, it's not about religion. I'm Jewish. Two-thirds of my organization is Jewish."

Indiana School Attempts To Accommodate Muslim Children

At last week's Porter Township, Indiana school board meeting, a number of parents raised objections to the way in which Porter Lakes Elementary School is attempting to deal with the enrollment for the first time of two Muslim children. The NWI Times today reports that the school set aside a room in which the Muslim children could pray, rather than forcing them to go to a corner of the cafeteria where other students might laugh at them or humiliate them. Some parents argued that this was unjustified favoritism. However, David Emmert, general counsel for the Indiana School Board Association, said that this kind of religious accommodation is required by law. The school also held a mini-assembly for the second and third grade about Muslim culture. The school defends this under it curriculum standards that call for discussion of different cultural traditions. Some parents objected that this amounted to teaching of religion because Islam was discussed as being intertwined with Muslim cultural traditions.

Some Jewish Groups Oppose DHS Funding for "Hardening" Terror Targets

UPI yesterday reported that the Union for Reform Judaism has Establishment Clause concerns over a plan by the Department of Homeland Security to provide funds for New York area non-profits (including religious institutions) that are high-risk terrorist targets to "harden" their defenses. The plan will provide up to $75,000 for each institution, including synagogues and Jewish day schools, to build such things as concrete barriers and blast-resistant windows. A total of $7.3 million will be provided to 100 non-profit group. Other Jewish leaders, however, do not oppose the funding, which is equally available to non-religious non-profit institutions.

Repeal of British Blasphemy Laws Urged

Ekklesia yesterday reported that the former Archbishop of Canterbury, Dr George Carey, has said that the UK’s blasphemy laws – which protect only Christians – are redundant and should go. Ekklesia, a UK Christian think tank agrees, and the Church of England is unlikely to oppose the proposal if other protections are in place. Ekklesia says that granting special privileges to Christianity does not help it, and restricts the free flow of argument needed on religious issues. Originally, the government had proposed an end to the blasphemy laws as part of its proposal to enact Britain's controversial Racial and Religious Hatred bill which is now also before the House of Lords. (See prior posting.) Subsequently, the government changed its mind. The proposal to repeal the blasphemy laws is being introduced in the House of Lords by Lord Avebury, a respected and long-standing campaigner for human rights, refugees and freedom of speech.

Federal Legislation Introduced To Aid Schools Educating Storm Victims

The Associated Press reported that on Thursday, Senate education leaders proposed a bi-partisan hurricane relief package containing compromise provisions on aid to parochial schools that take in storm victims. It would allow both public and private schools to seek reimbursement of up to $6,000 for each displaced student they serve, or $7,500 for each student with disabilities. The federal money would flow through public school districts, which would then be charged with making payments to the eligible private schools.

The bill would ban public money from being spent for "religious instruction, proselytization or worship." However, critics of school voucher programs said they favored a model in which public school districts purchase services from private schools but retain oversight over the money. Rev. Barry Lynn, executive director of Americans United for the Separation of Church and State said, "I don't see the difference between this program and a voucher program. This gives millions of dollars in virtually unrestricted cash grants to religious schools."

In the House of Representatives this week, leaders introduced a bill that was much closer to a pure voucher system. It would create accounts for parents of children affected by the hurricane, worth up to $6,700 per student that could be used to attend a public or private school for one year.

9th Circuit Arguments On Islam Role-Playing In Schools

The New York Sun reported yesterday on arguments in the U.S. Ninth Circuit Court of Appeals on Wednesday. Two Christian families from Contra Costa County, California appealed from a 2003 decision. They had charged Byron, California school officials with violating the First Amendment's Establishment Clause. In order to acquaint seventh graders with Islam, Excelsior Elementary School had students role play. They were to wear Islamic dress, recite phrases from the Koran, and mimic the fasting associated with the observance of Ramadan. They also engaged in a "race to Mecca". An attorney for the families, Edward White III, told the Court that during the eight-week unit on Islam, religious teachings were described as "facts" and students were instructed to wear name tags that included the religion's star-and-crescent imagery. "All of these actions are crossing the line," said Mr. White, a lawyer with a Michigan-based Thomas More Law Center.

Fired Teacher Claims Religious Discrimination

The Deseret News yesterday reported on the ongoing Utah jury trial in which South Sevier High School teacher Erin Jensen claims that her termination as a "provisional" teacher and the school's refusal to re-hire her resulted from discrimination against her on the basis of gender and religion. Rumors were circulating labeling Jensen, who is not a practicing member of the dominant LDS Church, a "witch" and a "coffee drinker". Parents of some of her students complained to the school's principal about Jensen "giving ideas" to students. They said she discussed "different belief systems" and that at one point she swore in class. Jensen's attorneys have pointed to school board meeting minutes that contain comments from parents that Jensen practices witchcraft, chooses Halloween as her favorite holiday and "prefers the dark side." Later, those minutes were changed to delete those comments.

Ohio Amish Campaign For Votes Against Zoning Restrictions

In Geauga County, Ohio, the Amish community has taken an unusual step into the political arena. Normally their religious beliefs require them to keep their distance from outsiders. The Associated Press reported yesterday however that the Amish say a Huntsburg Township ordinance restricting the size of home-based businesses prevents them from opening woodworking shops. These shops allow them to continue to work alongside their children, one of the tenets of the Amish lifestyle. Unwilling to pursue their objections through the courts, three Amish men successfully circulated a petition to put the zoning issue on the ballot. Now they are campaigning to urge voters to vote to eliminate the restrictions in the November 8 election.