Historical Thanksgiving Proclamations

The Washington Examiner today published excerpts from the Thanksgiving Proclamations issued by George Washington in 1789 and Abraham Lincoln in 1863. Washington urged citizens to:

unite in rendering unto him our sincere and humble thanks, for his kind care and protection of the People of this country previous to their becoming a Nation, for the signal and manifold mercies, and the favorable interpositions of his providence, which we experienced in the course and conclusion of the late war, for the great degree of tranquility, union, and plenty, which we have since enjoyed, for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted, for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge and in general for all the great and various favors which he hath been pleased to confer upon us.

Lincoln's proclamation took a more somber tone:

And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to his tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquility and Union.

UPDATE: The full text of all Presidential Thanksgiving Proclamations are posted at Pilgrim Hall Museum. Thanks to Joseph M. Knippenberg for this lead, and see his discussion of Thanksgiving Procalmations here and here.

Chabad Seeking To Display Menorahs On Public Property

In the Boston area, difficult negotiations are taking place between town officials and Chabad rabbis over the display of menorahs on public property this Hanukkah season. While many Jewish organizations oppose on Establishment Clause grounds any kind of governmental display of religious symbols, Chabad-Lubavitch has often taken a different position. In 1989, in County of Allegheny v. ACLU, the U.S. Supreme Court held that a menorah is a religious symbol, but its display as part of a larger holiday tableau can be permissible as a "secular celebration of Christmas coupled with an acknowledgment of Chanukah as a contemporaneous alternative tradition".

Yesterday's Boston Jewish Advocate reports that Shrewsbury town selectmen originally refused a Chabad request to place a menorah in the town common. At a Nov. 21 meeting, they decided to retract their refusal, but have not given Chabad permission to display the menorah. In Wellesley, Rabbi Moshe Bleich successfully negotiated the display of a menorah on the town lawn in exchange for an agreement that he would rescind his request to hold a public ceremony. The Chabad rabbis involved argue that displaying a menorah is an important contributor to Jewish pride. Rabbi Michoel Green said, "Lots of Jewish kids here go to public schools and the Jewish kids are out of the loop."

Two New Religious Land Use Cases

In Friends of First United Methodist Church v. City of Seattle, (Nov. 21, 2005), a Washington state Court of Appeals rejected efforts of "Friends", a group that was attempting to prevent First United Methodist Church from demolishing its sanctuary and erecting an office tower and new adjoining sanctuary in its place. Friends claimed the downtown church sanctuary was historic and that under the State Environmental Policy Act, the church should have considered alternatives that did not involve its destruction. However, the court held that Seattle cannot burden the church's right to free exercise by preventing it from demolishing its sanctuary for landmark preservation purposes. Because landmark preservation is not a compelling interest, it cannot be used to justify action that has a coercive effect on the church's practice of religion. Since that is the case, the city cannot use requirements for an environmental impact statement to force the church to consider alternatives that cannot be enforced against it.

The Newtown, Conn. Bee reported yesterday on a Nov. 18 decision by the Danbury, Conn. Superior Court rejecting a Buddhist Temple's challenge to a 2003 Planning & Zoning Commission decision. The Cambodian Buddhist Society of Connecticut had sought to develop 10 acres of property it owns in a residential area with a temple and meeting hall. P&Z members in had unanimously rejected the proposal because it would increased traffic and noise, and would be "far too intense for this particular site." The Buddhist Society appealed the rejection, alleging that it violated the federal Religious Land Use and Institutionalized Persons Act and Connecticut's Religious Freedom Restoration Act. However the court disagreed, finding that: "The society's claim alleging a violation of the equal protection clause is unavailing because the court finds no evidence of selective treatment. The court further finds the society has neither established a 'substantial burden' nor a 'burden' on religious exercise sufficient to meet its prerequisite burden for a [religious freedom] claim...." UPDATE: The opinion is Cambodian Buddhist Society of CT, Inc. v. Newtown Planning & Zoning Commn., 2005 Conn. Super. LEXIS 3158 (Nov. 18, 2005).

San Diego Sets Yom Kippur As School Holiday

Beginning next year, the Jewish holiday of Yom Kippur will be a school-wide holiday for all students in California's San Dieguito Union School District. Today's San Diego Union Tribune reports that the move is impelled less by religious concerns and more by those of funding. Districts receive revenue based on attendance. This year the San Dieguito school district lost more than $55,000 for the 1,196 absent Torrey Pines students on Yom Kippur, compared with under $7,600 for about 165 absent students on a typical day. In 2007, when Rosh Hashanah falls on a week day, students will have that day off instead of Yom Kippur.

Court Turns Down Prisoner Request For Strict Kosher Diet

Yesterday's Washington Jewish Week discusses a Nov. 10 in Wilkerson v. Beitzel in which the federal district court in Maryland turned down a prisoner's request for kosher food. The court held that the lacto-ovo-vegetarian diet available at Maryland's Western Correctional Institution was religiously "neutral," even though kashrut-observant Jews would object to the lack of kosher dishes and kosher cheese. Judge J. Frederick Motz concluded that "additional costs and creation of perceived favoritism between religious groups, are legitimate compelling interests that override the burden placed on plaintiff's ability to follow a kosher diet."

Muslim Prisoner Challenges Worship Practices and State Statute

In Ha'min v. Montgomery County, 2005 U.S. Dist. LEXIS 28783 (MD Tenn., Nov. 10, 2005), a Tennessee federal district court held that a prisoner's First Amendment claims could proceed. Plaintiff alleged that the Montgomery County Sheriff's Office was not following its announced policy of permitting Muslim worship services for prisoners. He also challenged, essentially on Establishment Clause grounds, a Tennessee statute (Tenn. Code Sec. 41-21-211) that requires the distribution of Bibles to prisoners, but does not require distribution of copies of the Quran.

Wives Of Sect Leader Charged In Malaysia

In Besut, Malaysia, three wives of Sky Kingdom sect leader Ayah Pin, were charged in the Lower Syariah Court with being followers of deviant teachings, according to today's Malaysia Star. Charged under Section 10 of the Syariah Criminal Offence Enactment (Takzir) Terengganu 2001, it was alleged that by staying at the sect's commune last July they showed contempt to the state religious authorities and violated the 1997 state fatwa that declared Ayah Pin's teachings to be deviant.

Injunction Issued, Appeal Filed In Pledge Case

As reported in a previous posting, in September a federal district court in California held that that the recitation of the Pledge of Allegiance in public school classrooms violates the Establishment Clause because of the phrase "under God" in the text. That decision was not accompanied by the issuance of an injunction. On November 18, the court entered a permanent injunction in the case of Newdow v. Congress of the United States in order to implement its earlier decision. The injunction was stayed, however, until the issue is fully resolved through the appeals process. On Nov. 21, the Becket Fund for Religious Liberty announced that it had begun that process by filing a Notice of Appeal with the U.S. 9th Circuit Court of Appeals.

Wisconsin AG Refuses To Issue Opinion On Bible Study In Dorms

The University of Wisconsin-Eau Claire has a policy banning resident assistants from conducting Bible study groups in their dormitories. (See prior posting.) Yesterday, the Associated Press reported that Wisconsin Attorney General Peg Lautenschlager has refused to issue an opinion on the constitutionality of the policy. UW System President Kevin Reilly requested an opinion, but the AG's top aide, Dan Bach, turned down the request. He said that issuing an opinion, especially one that found the policy unconstitutional, could compromise the office's ability to represent the state should someone sue over the policy later on.

Canadians Call For Equal Funding of Religious Schools In Ontario

In Toronto last week, a group of Jews, Muslims, Sikhs and Christians demonstrated to demand equal public funding for all Ontario faith-based schools. Ontario's Catholic schools are fully funded by tax revenues. This week's Canadian Jewish News reports on a push by the Multifaith Coalition for Equal Funding of Religious Schools to obtain public funding in exchange for compliance with government curriculum standards, teacher certification and auditing of schools' finances. Earlier this month, the United Nations Human Rights Committee issued a report calling on Canada to "adopt steps to eliminate discrimination on the basis of religion in the funding of schools in Ontario." This follows up a ruling six years ago that Canada is violating international human rights law by its discriminatory funding policy. (Full text of UN ruling.)

Islam In Russia and Russian Reactions

The New York Times today carries a long front-page article on the growth of Islam in Russia, and the government's response to it. It reports that the Islamic faith, and Islamic militancy, is on the rise. In response, the government has created a Soviet-type system of control over religion. Its Muslim Spiritual Department now oversees the appointment of Islamic leaders. The number of Muslims in Russia is estimated as between 14 and 23 million, 10% to 16% of Russia's population. They are found mainly in several Muslim-majority republics. Thousands of mosques have been rebuilt and reopened, as have madrasas. However, believers outside of the state's Muslim departments are increasingly viewed with suspicion because of the radicalization of Chechnya and other republics. They are denounced as Wahhabis, a word that has become Russian shorthand for any Islamic militant.

Guantanamo Detainee Gets Koran, But Not Bible

The Los Angeles Times today reports on Saifullah Paracha, a former Pakistani businessman who is in custody at Guantanamo Bay. He is charged with conspiring to ship chemical components to the United States to help set off an attack by Al Qaeda terrorists. Like other Guantanamo inmates, Paracha has been given a copy of the Koran. However, prison officials have confiscated a package containing a Bible, two Shakespeare plays and an English dictionary shipped to Paracha by his lawyer. His lawyer, Gaillard T. Hunt, has now filed suit in federal district court in Washington, DC, demanding that the package be released to Paracha. Authorities have cleared the Shakespeare volumes for release, but not the Bible. The government argues that withholding the Bible has not "substantially burdened" the prisoner's practice of his religion. It also fears setting off a "chain reaction" among the other 170 detainees who are suing the government for various kinds of relief.

No Religious Discrimination By New Mexico State Football Coach

An investigation by the Albuquerque law firm of Miller Stratvery has found that the New Mexico State University football program has not engaged in religious discrimination, according to a report from the Associated Press. The ACLU of New Mexico had filed a grievance last month against Aggies coach Hal Mumme, claiming he discriminated against three Muslim players by requiring them to recite the Lord's Prayer at the end of practice and repeatedly questioning at least one of them about al-Qaida. The allegations surfaced after the players were removed from the team. The investigators concluded that they were released because of their performance and attitudes, not because of religion. The ACLU had requested an apology and the institution of diversity training.

Florida Supreme Court Will Decide Wiccan Standing In Tax Case

The Daily Business Review reports that on Nov. 17, the Florida Supreme Court (by a 4-3 vote) agreed to hear an appeal from the District Court of Appeal's decision in Wiccan Religious Cooperative of Florida v. Zingale. At issue is the standing of a Wiccan group to challenge a Florida law that exempts religious publications from the state's sales and use taxes. During litigation, the state conceded that the Wiccan group is religious. The appeals court, by a 2-1 vote, then held that the group lacked standing to challenge a tax exemption from which it benefits. The dissent argued in part that the Wiccan group was a purchaser of books, not a publisher, and thus had standing to sue over the taxes it paid on non-religious books it had purchased. [Thanks to James Maule via Religionlaw listserv for the infomation.]

Graduation Prayer At Arkansas High School Challenged

In Jonesboro, Arkansas, a prayer offered by a student at high school graduation is likely to become the subject of litigation. KAIT News reports that the ACLU is seeking a plaintiff to pursue a case against Jonesboro High School. Speaking at graduation ceremonies last May, high school senior Jessica Reed gave a 4-minute prayer which included an "altar call", asking those in the audience to come forward to accept Jesus Christ. Jonesboro Public Schools Attorney Donn Mixon said that the prayer violated school policy, and that the policy will be enforced in the future.

Mormon Church Liable For Millions For Not Reporting Stepfather's Abuse

A Washington state jury has found the The Church of Jesus Christ of Latter-Day Saints liable for $2.5 million in a suit by two sisters who alleged their bishop failed to protect them from their stepfather who sexually abused them for years. Today's Salt Lake Tribune reports that the church may also be liable for an additional $1.7 million for damages related to the stepfather who served over four years in prison for the crimes. Washington laws do not require clergy to report suspected child sexual abuse, but the court allowed the jury to decide whether Bishop Bruce Hatch was acting as a social services counselor when one of the daughters came to him for help. The girls' mother was falsely told that state authorities would be notified of the abuse. The church has now instituted a toll-free number for its lay clergy to call for information on how to handle allegations of abuse.

Marseille Defies French Secular Governmental Model

While France generally has a strong policy of separating religion from government, a front page story in today's Wall Street Journal [subscription required] tells a different story about the city of Marseille. Here there is a partnership between government and religion, and this is credited by many with keeping the city calm as demonstrations broke out elsewhere. City officials have organized the slaughter of sheep for the Muslim holiday of Eid-el-Kebir and have set aside cemetery plots for Islamic burials. Mayor Jean-Claude Gaudin heads a city-funded body that unites different religious leaders in the city. City and regional bodies fund civic associations that are technically secular but often have a religious or ethnic flavor to them. Mayor Gaudin earlier this year gave municipal workers time off to mourn the death of Pope John Paul II. Authorities also fund a Jewish cultural center and have worked hard to combat anti-Semitism. Some fear that this policy will dissolve shared values and discourage integration. But city leaders say it helps defuse tension and gives them access to groups they could not otherwise reach.

Reform Jewish Group Opposes Alito

At the Biennial Convention of the Union for Reform Judaism on Sunday, delegates voted overwhelmingly to oppose the nomination of Judge Samuel Alito Jr. to the U.S. Supreme Court. (URJ Press Release). The Resolution (full text) said that "Judge Alito’s elevation to the Supreme Court 'would threaten protection of the most fundamental rights which our Movement supports including, but not limited to, reproductive freedom, the separation between church and state, protection of civil rights and civil liberties, and protection of the environment'." However, it went on to provide that the URJ would review its opposition at the end of Alito's Senate hearings, "with the understanding that if disclosures in the hearings do not reflect substantial changes, the Union will remain in opposition to his nomination".

New Orleans Mayor Uses Religion In Town Hall Meetings

Today's New Orleans Times-Picayune focuses on the use of religion by Mayor Ray Negrin in his speeches to New Orleanians since Hurricane Katrina. At his most recent town hall meeting, the only time he drew applause from the audience is when he criticized those that objected to having emergency trailers hooked up in their neighborhoods, saying "that's not very New Orleanian and it's not very Christian". In his first town hall meeting in October, Negrin asked his audience to join him in prayer, and commented, "And all you ACLU sorts and anyone else who has a problem with that, well, you'll just have to do what you have to do, but I think it's important."

Custody Decree Does Not Infringe Free Exercise Rights

In Ex parte Laura Snider, 2005 Ala. LEXIS 205 (AL. Sup. Ct., Nov. 18, 2005), the Alabama Supreme Court faced the question of whether a divorced mother's free exercise of religion was infringed when a trial court ordered custody of her daughter changed to the child's father. After her divorce, the mother, Laura Snider, converted to a conservative Baptist denomination and married Brian Snider, who shared her new religious convictions. The trial court found that Brian's parenting practices resulted in a significant and detrimental change in the personality and behavior of the child. While those practices were based on religious beliefs, the majority held that they could be considered so long as the change in custody was not based solely on the parties' religious beliefs.

A dissent by Justice Parker argued that the majority should have reversed a part of the trial court's custody decree that ordered Laura to avoid religious training of her daughter that would be disparaging or critical "in any way" of the custodial father's more liberal religious views or practices. Justice Parker argued that "the only interest offered by the trial court to justify stripping Laura of her fundamental right to teach her child the worship of God is that doing so will prevent the daughter from feeling "unnecessarily confused or pressurized [sic]" because of the differences in her parents' religious views and practices. " He found that rationale unpersuasive.

The majority responded: "Nothing in the trial court's order prevents Laura from teaching the child every facet of the Christian faith and every principal [sic.] and lesson contained in the Bible. This can be done by any parent without disparaging or criticizing his or her former spouse."