Concerns That Hamas Success In Palestinian Elections Will Bring Sharia Restrictions

In the Palestinian Authority as Hamas appears to be gaining strength in Wednesday's Parliamentary elections, Palestinian women fear that Hamas will press for the imposition of Islamic family law and dress codes. The Middle East Times reports today from Gaza City that women like Naila Ayesh, director of the Women's Affairs Center fear that a Hamas-dominated Parliament will permit polygamy and permit discrimination against women in divorce and custody proceedings. Others, like male hairdresser Hossam Abu Mohammed fear that males working for women will be banned. Five years ago, Hamas supporters burned down Gaza's movie theater, furious that it was too frivolous and was incompatible with Islamic mores.

Virginia Legislation To Protect Against False Halal Labeling Introduced

In Virginia, state representative Kenneth C. Alexander has proposed a law making it a misdemeanor to fraudulently label products as halal if they do not in fact comply with Islamic religious law. Yesterday, the Virginian-Pilot reported that HB 153 would extend to halal food products the same restrictions against false advertising that Virginia now applies to kosher food. An identical bill, SB 349, has been introduced into the Virginia Senate. Another bill, SB 354, would require proper labeling of both kosher and halal foods in stores and restaurants. Barry W. Lynn, executive director of Americans United For Separation of Church and State said that Jewish and Muslim organizations should enforce their own dietary laws, and the state should not be empowered to enforce compliance with religious law.

Proposed Slovak-Vatican Treaty On Conscientious Objection

Mirror of Justice yesterday called attention to a proposed treaty between the Vatican and the Slovak Republic protecting Catholic conscientious objectors in Slovakia, especially Catholic medical and health care workers. In December, the European Union's Committee of Independent Experts on Fundamental Rights issued a report on the potential conflict of the draft treaty with various European human rights documents protecting women's right to reproductive health, contraception and abortion services. The Report also looks at other human rights implications of the draft treaty.

Roe v. Wade's Anniversary-- And What Blackmun Said About Religion

Today is the 33rd anniversary of the Supreme Court case that has been the catalyst for much of the involvement of the religious right in political action in the United States-- Roe v. Wade. Yesterday's San Jose, California Mercury News reported on some of the demonstrations in California on both sides of the abortion rights issue. Today's New York Times Magazine carries an article by Eyal Press, My Father's Abortion War, adapted from his upcoming book, "Absolute Convictions: My Father, a City and the Conflict That Divided America".

In this context, it might be useful to look again at language from Justice Blackmun's original Roe v. Wade opinion, 410 US 113 (1973). Today, what he had to say about the view of religion toward abortion is often forgotten:

The absence of a common-law crime for pre-quickening abortion appears to have developed from a confluence of earlier philosophical, theological, and civil and canon law concepts of when life begins. These disciplines variously approached the question in terms of the point at which the embryo or fetus became "formed" or recognizably human, or in terms of when a "person" came into being, that is, infused with a "soul" or "animated." A loose consensus evolved in early English law that these events occurred at some point between conception and live birth. This was "mediate animation." Although Christian theology and the canon law came to fix the point of animation at 40 days for a male and 80 days for a female, a view that persisted until the 19th century, there was otherwise little agreement about the precise time of formation or animation. There was agreement, however, that prior to this point the fetus was to be regarded as part of the mother, and its destruction, therefore, was not homicide. Due to continued uncertainty about the precise time when animation occurred, to the lack of any empirical basis for the 40-80-day view, and perhaps to Aquinas' definition of movement as one of the two first principles of life, Bracton focused upon quickening as the critical point. The significance of quickening was echoed by later common-law scholars and found its way into the received common law in this country. ...

Texas urges that, apart from the Fourteenth Amendment, life begins at conception and is present throughout pregnancy, and that, therefore, the State has a compelling interest in protecting that life from and after conception. We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer.

It should be sufficient to note briefly the wide divergence of thinking on this most sensitive and difficult question. There has always been strong support for the view that life does not begin until live birth. This was the belief of the Stoics. It appears to be the predominant, though not the unanimous, attitude of the Jewish faith. It may be taken to represent also the position of a large segment of the Protestant community, insofar as that can be ascertained.... As we have noted, the common law found greater significance in quickening. Physicians and their scientific colleagues have regarded that event with less interest and have tended to focus either upon conception, upon live birth, or upon the interim point at which the fetus becomes "viable," that is, potentially able to live outside the mother's womb, albeit with artificial aid.... The Aristotelian theory of "mediate animation," that held sway throughout the Middle Ages and the Renaissance in Europe, continued to be official Roman Catholic dogma until the 19th century, despite opposition to this "ensoulment" theory from those in the Church who would recognize the existence of life from the moment of conception. The latter is now, of course, the official belief of the Catholic Church. As one brief amicus discloses, this is a view strongly held by many non-Catholics as well, and by many physicians. Substantial problems for precise definition of this view are posed, however, by new embryological data that purport to indicate that conception is a "process" over time, rather than an event, and by new medical techniques such as menstrual extraction, the "morning-after" pill, implantation of embryos, artificial insemination, and even artificial wombs.

Suit In Lebanon Charges Violations of Civil Law In Issuance of Fatwa

In Beriut, Lebanon, the Daily Star reported on a lawsuit that was filed last Thursday by eight intellectuals, human rights activists and legislators representing all religious denominations of Lebanon against the Shiite scholar and leader Sheik Afif Naboulsi. In December, Naboulsi purported to issue a fatwa prohibiting Shiite politicians from replacing current Amal and Hizbullah representatives in the Lebanese government with Shiites, saying that foreign forces are behind the attempt. The suit charged Naboulsi with "identity theft, threatening and terrorizing in an attempt to obstruct the practice of civil rights, instigating sectarian differences and portraying political disputes as disputes between religions and sects." It says that Naboulsi was not a member of the Shiite's religious committee and so could not issue a fatwa. In a statement released on Saturday, the Canadian-Lebanese Human Rights Federation supported the lawsuit.

Evangelicals Are Recently Also Social Activists

Today's Atlanta Journal Constitution has published an article titled This Isn't Your Father's Moral Majority. It argues that conservative evangelicals are re-evaluating what it means to be a Christian. Their new concern about social activism has the potential to fundamentally reorder the federal government's priorities as well as trigger shifts in the Republican and Democratic parties. As examples, the article points to Alabama Gov. Bob Riley's failed attempt to raise taxes on the wealthy and reduce them on the poor; to support among the religious right in South Carolina for more state money for poor rural public schools; and to the arrest in Washington last month of more than 100 evangelical Christians who were protesting the plans of President Bush and the Republican Congress to cut spending on anti-poverty programs like food stamps.

Student Athlete Permitted To Refuse Vaccination On Religious Grounds

In Hadley v. Rush Henrietta Central School District, 2006 U.S. Dist. LEXIS 1372 (WD NY, Jan. 10, 2006), a federal district judge issued a temporary injunction requiring a New York school district near Rochester to permit a high school senior to to play on the lacrosse team even though he refused on religious grounds to be vaccinated for tetanus.

Jewish Organizations Oppose Massachusetts Financial Reporting Proposal

According to Friday's Jewish Advocate, many Jewish groups are now joining the opposition to a bill pending in the Massachusetts legislature that would require religious institutions to make the same financial disclosures as nonprofit organizations. (See prior posting.) State Rep. Ruth Balser said the bill was a response to issues that arose in the Boston Catholic archdiocese after the child sexual abuse scandals. But, Balser noted, because of the centralized nature of the archdiocese, only four dioceses in the state would have to file disclosure statements, while each individual synagogue, Protestant church and mosque would have to file separately. A statement issued by Boston's Jewish Community Relations Council argues that the bill "unfairly and disproportionately" affects religious institutions such as synagogues, which have lay-led structures. Also opposing the legislation are the Massachusetts Council of Churches and the Islamic Council of New England.

Questions Raised About Bible Literacy Project

The January issue of Church and State, published by Americans United, carries and interesting review of the Bible Literacy Project by Joseph L. Conn. He titles his article Chuck Stetson's Trojan Horse. Even though the Project's new textbook, The Bible and Its Influence, has garnered support from individuals across the political spectrum (see prior posting), Conn has his doubts. He argues that Chuck Stetson, chairman of the Project, has extensive ties to the religious right. He also criticizes the book for only discussing the use of the Bible as an inspiration for progressive change, and omitting its use historically by pro-slavery, pro-segregationist and anti-feminist forces. The entire article is worth a read. [Thanks to Joel Sogol via Religionlaw for the lead.]

Challenge To Prison Limit On Religious Items Partly Successful

In Roy v. Arizona, 2006 U.S. Dist. LEXIS 1488 (D. Ariz., Jan. 13, 2006), an inmate who was an "Occultist/Esoteric Christian" challenged various restrctions on the practice of religion imposed on inmates by the Arizona Department of Corrections. Prisoners were limited to possessing religious items that could fit into a box of a specified size. This restriction was justified by the limited size of cells, the need to minimize friction between cellmates on over-crowding of the cell, the fact that random searches become more complicated as possessions increase, and the need to comply with fire codes. Religious books must be obtained either from the inmate store or directly from the publisher, in order to minimize the introduction of contraband into the prison. Inmates may keep additional books in storage, and may access those books upon request. The court granted the state's request for summary judgment on most of the claims, but permitted plaintiff prisoner to move ahead with his claim that he was improperly denied permission to posses seven requested religious items.

Vatican Paper Defends Evolution

The AP reports that on Tuesday, the Vatican newspaper L'Osservatore Romano carried an article by Fiorenzo Facchini, a professor of evolutionary biology at the University of Bologna. The article described Darwin's theory of evolution, and said that in the scientific world, biological evolution "represents the interpretative key of the history of life on Earth." He wrote that intelligent design "doesn't belong to science and the pretext that it be taught as a scientific theory alongside Darwin's explanation is unjustified. It only creates confusion between the scientific and philosophical and religious planes." However, he concluded by saying, "in a vision that goes beyond the empirical horizon, we can say that we aren't men by chance or by necessity, and that the human experience has a sense and a direction signaled by a superior design." [Thanks to Joel Sogol via Religionlaw listserv for the information.]

Pataki's Tax Credit Plan Stirs Controversy

In his budget address on Tuesday, New York Governor George Pataki proposed giving as much as $500 in tax credits to parents of public and private school students in New York City and 82 other failing school districts. According to yesterday's New York Sun, parents could use the dollar-for-dollar credits to pay for textbooks, school supplies, or for tuition at private and religious schools. Immediately, Attorney General Eliot Spitzer, the leading Democratic candidate for governor, and Republican gubernatorial candidate William Weld began to argue over whether the governor's plan would violate New York's constitutional ban on aid to parochial schools. The Constitution, Art. XI, Sec. 3 prohibits state aid going to "any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught".

Catholic Group Seeks Student Fees For Worship Booklets

Yesterday's Madison, Wisconsin, Capital Times reports that the Roman Catholic Foundation, an organization serving University of Wisconsin-Madison students, wants to be the first group to spend student fees on activities that are openly religious. The group, which operates St. Paul's University Catholic Center is seeking $205,000 in segregated fees, and would use part of the money to pay for Lenten booklets. UW-Madison Interim Dean of Students, Lori Berquam, has urged student government to refrain from financially supporting the operating costs of "a church-related activity" like worship. At issue is the interpretation of the 2000 U.S. Supreme Court decision in Board of Regents v. Southworth, also involving the University of Wisconsin student activity fee system. The Catholic foundation's budget request was scheduled for a vote Wednesday night by the Associated Students of Madison Council; but the council delayed the vote in order to seek legal advice.

Shinto Representatives Oppose Female Imperial Succession

In Japan, 700 representatives of the country's 80,000 Shinto shrines adopted a resolution Thursday to oppose a government plan to allow women and their descendants to ascend the Imperial throne. The Japan Times reports that the representatives are defending what they believe is the dignity of the Imperial family, in opposition to a government-sponsored bill scheduled be submitted to the next ordinary session of the Diet starting Friday. Before World War II, Shinto was the state religion and it had strong mythical ties with the Imperial family.

Texas Church Reaches Property Tax Settlement

The Fort Worth, Texas Star-Telegram reported yesterday that a 20-year dispute between New Mount Calvary Baptist Church and Texas county tax authorities was finally about to be settled. At issue has been the taxation of a vacant portion of the property on which the church's building sits. The church's leader, Rev. Tom Franklin, has paid $200 toward the church's $33,000 delinquent property tax bill and has agreed to pay at least $50 a month until the amount owed is paid off, said Tarrant County Tax Assessor-Collector Betsy Price. Franklin and other African-American ministers have argued that poor, black churches are not treated as well as wealthier churches with mostly white congregations.

Pa. Court Rejects RLUIPA Claim

In City of Hope v. Sadsbury Twp. Zoning Hearing Bd., (Jan. 17, 2006), a Pennsylvania appellate court held that the Township Zoning Hearing Board's denial of a Church's application for use of a campground and hiking trails as an accessory use does not impose a "substantial burden" on the Church's exercise of religion in violation of RLUIPA because neither the Church nor its visitors will be required to forego or modify the exercise of their religion. Also, there are other campsites nearby that are available for use by the Church's visitors.

Challenge To California Missions Funding Dropped

The Becket Fund for Religious Liberty announced yesterday that plaintiffs have dropped their December 2004 lawsuit, captioned Doe v. Norton, seeking to stop the federal government from funding the preservation of California's 21 historic Spanish missions, 19 of which are still used for worship services. Americans United for Separation of Church and State said that since no money was in fact appropriated by Congress to fund the California Missions Preservation Act, it is withdrawing the suit without prejudice so that it could be filed again. A hearing had been scheduled for today. (See prior posting.)

Two Courts Rule On Church Disputes

In Bowie v. Murphy (Jan. 13, 2006), the Virginia Supreme Court held that deciding a defamation suit would not unconstitutionally involve the court in deciding a matter of religious faith and doctrine. The claim grew out of an an attempt by some members of Greater Little Zion Baptist Church to remove Murphy as the church's pastor. Murphy, in turn, called a special meeting to take action against one of the church's deacons, David Bowie. At the meeting Murphy accused Bowie of assaulting another member who was a supporter of Murphy during the vote of members on Murphy's removal. Two other members moved to remove Bowie as Deacon and reduce his membership status. Among other things, Bowie sued for defamation. The court held that while the allegedly defamatory statements were made during a church meeting, the defamation claim is separate from the church governance issue involved in Bowie's status as a deacon that was being considered at the meeting. The alleged defamatory statements could be evaluated for their veracity and the impact they had on Bowie's reputation the same as if the statements were made in any other, non-religious context. A dissent by two justices argued that the defamation claims could not be removed from the church-governance context in which they arose.

In a second case, Boone v. Christian Chapel United Church of Christ, (Jan. 17, 2006), a North Carolina Court of Appeals held that the trial court had acted properly in interpreting a Church's bylaws and finding that the Church had violated its own procedures in terminating its pastor. However, it infringed on the separation of church and state when it ordered the Church to conduct a new vote, because that involve an ecclesiastical matter. Having determined that the vote was in violation of the bylaws, the court should have merely directed the church to resolve on its own the matter of whether or not to retain its pastor's services.

Third Circuit Hears Arguments In Ursuline Academy Case

On Tuesday, the U.S. 3rd Circuit Court of Appeals heard arguments in Curray-Cramer v. Ursuline Academy of Wilmington Delaware, Inc. The decision of the trial court is at 344 F. Supp.2d 923 (D Del., 2004). Wednesday's Philadelphia Inquirer reported on the oral arguments, which the court extended for 10 minutes because of the importance of the case. At issue is whether Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978 protects a teacher who was fired from a Catholic school after publicly advocating on behalf of abortion rights. The argument was complicated by plaintiff's claim that the First Amendment free exercise issues considered by the trial court no longer apply because the Ursuline Academy's charter no longer includes the word "religion". The academy now markets itself as an independent college-preparatory school.

Quran Used To Take Affirmation of Office In New Jersey

In Boonton, New Jersey last week, Tajammul "Taj" Khokhar made history of a sort when he took office as a member of the town's Planning Board using the Quran to take an "affirmation" instead of taking an oath on a Bible as the other two new members of the Board did. Wednesday's Morris County Daily Record reported however that it is not uncommon for the Quran to be used by Muslims to take an affirmation in court in Morris County, NJ, and a former mayor of another town in Morris County may have been sworn in using the Quran as well.