Friday, April 13, 2007

NC County Will Fight Prayer Lawsuit

By a 4-3 party line vote, the Forsyth County (North Carolina) County Commission yesterday decided to undertake an active defense of a suit challenging the Commission's practice of opening meetings with a sectarian prayer. (See prior posting.) The county will be defended by Alliance Defense Fund that will argue a sectarian prayer policy is constitutional as long it is inclusive of all faiths. ADF will pay all costs of defense, but will not damages, or legal fees of the plaintiffs, if Forsyth County loses. A new nonprofit group, the North Carolina Partnership for Religious Liberty, was formed this week to solicit funds to cover those costs. Development are covered today by the Winston-Salem Journal, which has also posted a link to ADF attorney Mike Johnson explaining the Commission's decision to fight the lawsuit. (MP3 file). He said in part: "Prayer should not be censored, not by government and not by the ACLU."

Gideon Bible Case Argued In 8th Circuit

Yesterday, according to CNS News, the U.S. 8th Circuit Court of Appeals heard oral arguments in Doe v. South Iron R-1 School District. The decision being appealed enjoined a Missouri elementary school from permitting the distribution of Gideon Bibles on school property.(See prior posting.) An MP3 download of the 8th Circuit oral arguments is available.

Scalia Keynotes Conference On Religious Freedom

The Associated Press yesterday reported on the keynote speech made by U.S. Supreme Court Justice Antonin Scalia at Portland University's two-day conference titled "The American Experiment: Religious Freedom." Speaking to the largely Catholic audience, Scalia said that among the eight religion cases in which he has dissented, the most troubling for him was the majority's striking down of a sales tax exemption for religious books and magazines in Texas Monthly Inc. v. Bullock. Scalia criticized the majority's Establishment Clause decision there as using the "formulaic abstraction" created in the Lemon case instead of "considering the long accepted practices of the American people."

NJ High Schooler Sues To Have "Day of Truth"

April 19 is this year's date for the national "Day of Truth" campaign in high schools. (ADF Release.) The event is designed to encourage Christian students to counter activities that will be sponsored the day before by GLSEN (The Gay, Lesbian, Straight Educational Network), known as the "Day of Silence" to call attention to anti-LGBT harassment. A student at Allendale, New Jersey's Northern Highlands Regional High School has filed suit in federal court Wednesday to prevent the school from interfering with his Day of Truth activities. North Jersey.com today reports that senior Jason Aufiero, head of the school's Christian Club, plans to hand out fliers and cards, and have an ad about the event read over the school's loudspeaker. He will also hold an after-school Q&A session. the school;s principal says that Aufiero has the right to hold the event. However the school is concerned about the content of materials to be distributed and locations where they will be handed out.

Senator Makes Theological Argument for Stem Cell Bill

On Wednesday, the U.S. Senate passed two human stem-cell research bills-- S. 5 (a broad bill) and S. 30 (calling for research using only embryos that are "naturally dead"). One of the most interesting parts of the debate was the floor speech (full text) given by Oregon's Republican Senator Gordon Smith in favor of both bills. he made a theological case for stem cell research. Smith, a member of the Mormon church said that "religion and science are not in conflict in the Senate today." He concluded this after outlining his biblical arguments on when life begins:
Based upon my personal struggle with this issue, I now believe any reservations with embryonic stem cell research are misplaced, especially when one truly considers the question of when life begins.

For me, it begins with the mother, with the implantation of the embryo.

I believe the Scriptures provide ample support showing that flesh and spirit become one within a mother. This is one of womankind's supernal gifts. I find verses in the Old and the New Testament, in Genesis, Jeremiah, the Psalms, Job, as well as in the Gospels.

All of these things lead me to feel comfortable with an ethical conclusion that life begins when flesh and spirit are united in a mother's womb and not before.
An article in yesterday's Bend Bulletin reports on his Senate remarks.

Jail Chaplain Suspended for Distributing Anti-Muslim Booklets

In Rockland County, New York, the county jail has suspended its long-time chaplain -- a Christian minister-- for distributing religious booklets that condemn Islam and contain derogatory descriptions of Allah and the prophet Muhammad. Teresa Darden Clapp has been suspended with pay pending the outcome of an investigation. Yesterday's Lower Hudson Valley Journal News says one of the booklets at issue describes Allah as an "idol" and devil and Muhammad as a criminal and a "religious dictator." It also contains drawings of Muhammad. Jail Chief William Clark says the investigation should be completed next week. [Thanks to Detention Ministry News for the lead.]

State Seeking Compromise With Catholic Hospitals On Treating Rape Victims

In Connecticut this week, state senators drafting a bill to mandate the furnishing of emergency contraceptives to all rape victims added provisions designed to win the support of the Catholic Church. On Wednesday, the AP reported that lawmakers added language to permit Catholic hospitals to contract with a third party to dispense Plan B. The Wilton Villager yesterday said that it is unclear whether the Catholic Church will support this compromise, or instead will object to the distribution of contraceptives on Catholic hospital premises remains unclear.

Thursday, April 12, 2007

Jewish Voter Challenges Nashville's Setting Election For Rosh Hashanah

Suit has been filed in federal court against the Davidson County, Tennessee, Election Commission challenging its decision to hold the runoff election for mayor of Nashville and other positions this year on Sept. 13. That day is the Jewish holiday of Rosh Hashana. The Tennessean reported yesterday that officials decided not to reschedule the election-- called for on that date by Nashville's city charter-- after determining that Jewish voters could vote early or by absentee ballot. However, plaintiff Elinor J. Gregor, says that the scheduling violates her free exercise and free speech rights. Election officials plan to look at their decision again next Monday.

UPDATE: On Monday, April 16, the Davidson County Election Commission decided to move this fall's runoff election to Tuesday, Sept. 11, instead of the originally scheduled date that coincided with Rosh Hashanah. (Tennessean.com).

Prof Sues NC University For Religious Discrimination

A professor at the University of North Carolina- Wilmington has sued the school claiming that he was denied promotion to full professor on religious and ideological grounds. CNS reports that the suit was filed Monday by criminology professor Mike Adams who says that things "got ugly" in 2000 after he underwent a religious conversion and "came out of the closet ... as a conservative Republican...." Adams, now a conservative Christian, has been at the center of at least two complaints-- one by a student who claimed he improperly forwarded one of her political e-mails, and one by a colleague who says he broke into her office. Adams, though, has been cleared on both charges.

Umbrella Muslim Organization Formed In Germany

In Germany, a new umbrella group to represent Muslims in their dealings with politicians and government officials has been formed. The new Muslim Coordination Council (KRM) represents four existing Muslim associations in the country. Deutsche Welle yesterday reported that KRM plans to open contact offices in each of the German states.

Liberal Clergy Support Gay and Lesbian Rights Proposals In State Legislatures

On the heels of widespread religious opposition to gay rights, more liberal clergy are now speaking out in favor of laws protecting gays and lesbians, and in favor of civil unions. In Iowa, a coalition of a dozen church leaders held a news conference to announce their support for a proposed amendment to the state's civil rights law that would bar discrimination on the basis of sexuality and gender identity. 365Gay reported yesterday that the Interfaith Alliance of Iowa includes representatives of the United Church of Christ, the Unitarian Church, and the Episcopal Diocese.

Meanwhile, V. Gene Robinson, the Episcopal Church's only openly gay bishop, testified before a New Hampshire Senate committee in favor of legalizing same-sex civil unions. He said that the bill that would provide equal legal rights to gay and lesbian couples has nothing do to with religious bodies accepting or rejecting such unions. An Associated Press story yesterday quotes Robinson, referring to the desire of gay couples for legal recognition, as saying: ''Would that we could get all heterosexual couples to take these commitments and responsibilities so seriously."

Bankruptcy Judge Threatens San Diego Diocese With Contempt

The Catholic Diocese of San Diego, currently in bankruptcy reorganization, has been threatened with contempt by the bankruptcy judge for misrepresentations and attempts to illegally shift assets. On April 9, the bankruptcy court issued a Order to Show Cause as to why the diocese and various officials should not be held in contempt. At issue are attempts by parishes to obtain new taxpayer identification numbers and transfer parish accounts to them without court approval. The responses filed (1, 2, 3) said that there had been misunderstandings of what the court had approved in a prior hearing.

Yesterday's Washington Post reports that Diocese lead attorney Susan Boswell apologized for misunderstanding how parishes could protect their cash flows, but said: "We are not dealing with a commercial enterprise-- we are dealing with a church. What it does is give money to the parishes. This is not a nefarious function." The San Diego Union-Tribune also reports that Boswell was unaware of Bishop Robert Brom's regularly receiving bank statements for 770 bank accounts of the separate parishes when she told the court otherwise during a March 1 hearing. At an April 11 hearing, bankruptcy Judge Louise DeCarl Adler ordered an external audit of the Diocese.

History Of Jewish Education In NYC Released Time Program Published

An unusual history of New York City's public school released time program has recently been published. The program, initiated in the 1940's, permitted public school children to be excused from class for an hour each week for religious education. While the program is generally thought of as one used by Christian groups, it turns out that a Jewish organization created by Chabad Lubavitch was active in offering an hour of Jewish education as part of the so-called "Wednesday Hour" program. The new book, Shiurei Limud Hadat: A Historical Review of the Released Time Program, contains information and rare photos of the program, along with Hebrew text. (News Release). Chabad continues the program today as scores of rabbinical students take study sheets, prayer booklets, kosher snacks and prizes to many New York City locations where the released time classes are held.

Iraqi Women Pressed To Follow Islamic Dress Code

Women in Iraq say that they are under increasing pressure to dress according to the dictates of Islamic law. An article in Tuesday's Cleveland Plain Dealer says that women blame the country's two-year old democratically elected parliament for using Islamic law to reduce women's rights. They say that is the only thing that the government agrees on. Baghdad's secular, cosmopolitan tradition has given way to what women call the "Islamic uniform"-- the black abaya that covers the body; the hijab (head scarf); or at least long, dark ankle-length skirts. Abdal-Majeed, who works with Iraq's women's affairs ministry says government officials, police officers and Muslim clergymen often insist she cover her head before they speak with her.

Attorneys Fees Ordered In Auto Sticker Case Settlement

In November, the city of Burbank, Illinois agreed to settle a suit brought by one of its residents who objected to displaying a vehicle sticker that included a picture of a soldier kneeling before a graveside cross. The city agreed not fine the resident for failing to display the sticker. (See prior posting.) However it has taken until now to resolve a dispute on payment of attorneys' fees. Yesterday's Daily Southtown reports that now a federal magistrate judge has ordered the city to pay $3300 in fees and costs to the plaintiff's lawyer for his 10 hours of work on the case. This is a compromise between amounts put forward by each side.

Wednesday, April 11, 2007

U.S. Senate Memorializes Pentecostal Bishop

On March 28, the U.S. Senate by unanimous consent passed S.Res. 133 memorializing Bishop Gilbert Earl Patterson who died on March 20. Patterson led Memphis, Tennessee's Temple of Deliverance Congregation, as well as the Church of God in Christ , a Pentecostal denomination which has 6 million members internationally. The Senate resolution, sponsored by Sen. Barack Obama, says that "Patterson reached millions across the globe with his direct and spirit-filled messages, encouraging the world to 'be healed, be delivered, and be set free'."

Missouri House Approves Proposed Prayer Amendment

The Missouri House of Representatives yesterday approved and sent to the state Senate a proposed state constitutional amendment on public prayer. HJR 19, Religious Freedom In Public Places, is described as follows by the Legislature:
Upon voter approval, this proposed constitutional amendment guarantees a citizen's First Amendment right to pray and worship in all public areas including schools as long as the activities are voluntary and subject to the same rules and regulations that apply to all other types of speech.

The amendment also reaffirms a citizen's right to choose any religion or no religion at all by prohibiting both the establishment of an official state religion and any state
coercion or endorsement of religion through practices as composing official state prayers.

Public schools receiving state funds are required to display the text of the Bill of Rights of the Constitution of the United States in a conspicuous and legible manner.
Reporting on an earlier preliminary vote of approval on the Resolution last week, the AP quotes Democratic state Representative John Burnett as saying that the proposed amendment is an attempt to increase Republican voter turnout in 2008.

Pakistan Mosque Creates Islamic Court In Challenge To Government

In Pakistan, the government has blocked access to the website of Islamabad's Red Mosque. Last week, the governing clerics of the mosque and a related seminary set up a religious court to enforce Islamic law and warned of suicide attacks if authorities ordered raids on the mosque. On Monday, the mosque's court issued a fatwa against Tourism Minister Nilofar Bakhtiar. It called for her dismissal because of a photo of her hugging a male instructor after a charity parachute jump she made in France last month to raise money for victims of Pakistan's 2005 earthquake. The story is reported yesterday by The Age. The Red Mosque (Lal Masjid) court also is taking aim at prostitution, gambling, sale of liquor, and sale of audio and video cassettes. Gulf News on Monday said that the Sharia court is a challenge to the authority of Pakistan's civil government.

UPDATE: On Sunday (April 15), 100,000 moderates who support President Gen. Pervez Musharraf rallied in Karachi against the activities of the Red Mosque. (AP).

6th Circuit: Preacher's Injunction Claim Moot; But Damage Claim Can Proceed

Last week, the U.S. 6th Circuit Court of Appeals dismissed as moot an attempt by a Christian minister to obtain declaratory and injunctive relief against Ohio's Capitol Square Review and Advisory Board. In Hood v. Keller, (6th Cir., April 2, 2007), James D. Hood II challenged the requirement that he obtain a permit before preaching on the grounds of Ohio's state house. However, while the case was pending, the 6th Circuit in another case held that the permit requirements are unconstitutional. The 6th Circuit agreed with the district court that now the threat of enforcement of the permit requirement has disappeared. However, the court did remand the case for consideration of Hood's claim for damages and attorneys' fees.

British Court Will Consider Legality Of Hindu Funeral Pyres

In Britain, a High court judge has approved the filing of a case seeking review of a decision barring cremation on a traditional Hindu funeral pyre. Last year, Newcastle City Council refused permission to Davender Kumar Ghai, an elderly Hindu man, to be cremated on a pyre when he dies. The Council ruled that ceremony would violate the Cremation Act 1902. Now, according to The Times yesterday, the High Court will consider the argument that outdoor cremation is illegal only if it creates a public nuisance. Proposed Hindu funeral pyres would only be placed in secluded locations. (See related prior posting.)