Pope and EC President Meet

AKI reports that on Friday, Pope Benedict XVI for the first time met with European Commission President José Manuel Barroso. Responding to the Pipe’s concern about freedom of worship, Barroso said: "Freedom of religion is not negotiable, arises from the fundamental rights of people and communities, and is a cornerstone of European law. Mutual respect and understanding are our basic principle, along with democracy, dialogue and debate." They also discussed inter-religious and inter-cultural dialogue, and the fight against poverty.

Class Action Claims Discriminatory Citizenship Delay For Muslim Men

Yesterday’s Chicago Tribune reported that ten Muslim men have filed a class action in federal court in Illinois alleging that the U.S. Attorney General, the Department of Homeland Security and the FBI have illegally delayed their being sworn in as U.S. citizens, even though they have met all the citizenship requirements. The suit alleges that they should have been sworn in within 120 days of qualifying, but instead they and other Muslim males have been waiting for a year or more. The inability to become a citizen prevents an individual from voting and from holding certain government jobs.

Establishment Claims At Hawaii Youth Correctional Facility Not Proven

In R.G. v. Koller, 2006 U.S. Dist. LEXIS 24968 (D Haw., Feb. 7, 2006), a Hawaii federal district court refused to grant a preliminary injunction in a suit by teenagers confined at the Hawaiian Youth Correctional Facility who claimed that HYCF violated the Establishment Clause. Plaintiffs alleged that HYCF endorsed religion by allowing the wards to keep only Bibles and no other personal belongings or books in their cells. They also claimed that certain HYCF staff members promoted religion, often discussing religious teachings and quoting from the Bible, and that HYCF ratified the conduct of these staff members. The Court found that the evidence was not sufficient to support these claims. The court did, however, preliminarily enjoin various other practices at HYCF, finding them to be a violation of the due process clause.

School Prayer Amendment Introduced In House

The Huntington News reports that yesterday in the U.S. House of Representatives, West Virginia Congressman Nick J. Rahall introduced a proposed Constitutional amendment (H.J. Res. 85) that would permit voluntary school prayer. The proposal is identical to the one introduced in the Senate last week by Sen. Robert Byrd. Rahall timed his introduction of the amendment to coincide with the National Day of Prayer.

Student Sues After Ban On Handing Out Religious Literature

Today's Charlotte Observer reports on a federal lawsuit that has been filed in North Carolina by a ninth-grade student who claims that he was disciplined for passing out flyers in his school during non-class time. After the Gay, Lesbian, Straight Education Network at Dunn, North Carolina's Midway High School sponsored April 26 as a Day of Silence, student Benjamin Arthurs came to school wearing a Day of Truth shirt, and handed out cards presenting a Christian viewpoint on homosexual behavior. The principal had told Arthurs that he could not hand out his literature because he would be pushing his religion on other students. When Arthurs ignored the ban, he was given a one-day suspension. The student is represented by the Alliance Defense Fund. The complaint in Arthurs v. Sampson County Board of Education asks the court to declare the school's policy unconstitutional under the 1st and 14th amendments, and to enjoin further application of the policy.

More Litigation on Kentucky Statehouse 10 Commandments

The legal sparring continues in Kentucky's efforts to install a Ten Commandments monument on its Capitol grounds. In March, Governor Ernie Fletcher signed a law authorizing the monument. (See prior posting.) However, in 2000, in Adland v. Russ, a federal district court had issued an injunction prohibiting a 10 Commandments display that the state legislature had authorized by joint resolution. So yesterday the ACLU went back to court claiming that placing the monument on government property, under Kentucky's new legislation, will violate that injunction. The governor's office says it has no intention of moving ahead until it gets the injunction lifted. ACLU attorney David Friedman says, "We hope to persuade the court that the legislature's newly discovered 'historical purpose' for erecting the monument is a thinly disguised sham for its original religious purpose." Developments are reported by the Lexington Herald-Leader and the Louisville Courier-Journal.

6th Circuit Rejects Claim By Prison Chaplain

In Akridge v. Wilkinson, (6th Cir., April 26, 2006), the U.S. 6th Circuit Court of Appeals has rejected a claim by a Baptist minister employed as a chaplain in the Ohio prison system. Ohio Department of Rehabilitation and Correction (ODRC) officials fined Chaplain William Akridge two days' pay after he refused to comply with their directive to allow an openly gay inmate to lead a choir or praise band that was scheduled to participate in Protestant services at the Madison Correctional Institution. Akridge had argued that his refusal to place the inmate a position of leadership in the worship service was speech protected by the First Amendment. However the court found that the state's interest in preventing discrimination, in protecting inmates' free exercise rights and in enforcing discipline among prison employees all justified ODRC's action. Yesterday's Gay City News reported on the decision.

Arizona State CLS Gets Limited Attorneys' Fees Award

Last September, the Christian Legal Society settled the lawsuit it had brought against Arizona State University. The parties agreed that CLS could limit its membership to Christians, but could not discriminate on the basis of sexual orientation. (See prior posting.) Now the Arizona federal district court has ruled in CLS's claim for an award of attorneys' fees, and has permitted only 20% of the fees claimed because of the limited success of counsel in achieving CLS's original goals in the settlement. Christian Legal Soc'y. Chptr. at Arizona State Univ. College of Law v. Crow, 2006 U.S. Dist. LEXIS 25579 (D. Ariz., April 28, 206).

Knoxville School Board Passes Policy On Religious Expression

A pending lawsuit against the Knoxville, Tennessee schools over student rights may now be closer to final dismissal. (See prior postings 1, 2.) The Knox County School Board on Wednesday unanimously passed a policy clearly permitting students to freely engage in religious exercise and expression during discretionary times, such as recess, so long as they do not disrupt the educational process, harass others or prevent school officials from maintaining order. A second vote on the school board's new rules is required for them to become final. The Knoxville News Sentinel yesterday reported on these developments, as well as on a second resolution passed by the board affirming that the school system complies with state and federal laws on religion and religious expression in schools.

Today Is "National Day of Prayer"-- With A Long Prelude

May 4 is this year's National Day of Prayer. President Bush yesterday issued a Presidential Proclamation, as required by 36 USC Sec. 119 , to mark the first Thursday in May as a time "on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals." The President said that the day reaffirms the role of prayer in American culture.

In anticipation of the day, advocacy organizations this week issued competing press releases. American Atheists said that the role of the day is "to distract public attention from real political and social problems facing the American people." Meanwhile, the Alliance Defense Fund announced that it had sent a letter to 1200 cities encouraging local officials to participate in activities recognizing the National Day of Prayer. It also said that there is no obligation to give parallel recognition to atheists or others who do not participate in the Day's observances. ADF offered free legal representation in the event a city is sued over observing the day.

Today's Christian Science Monitor reports on yet another prelude to the Day. Evangelical Christian groups are conducting the 17th Annual U.S. Capitol Bible Reading Marathon on the west lawn of the U.S Capitol. The 90 hour event, ending today, began with the reading of Genesis and will conclude with a unison reading of the last two chapters of the book of Revelation. Two dozen members of Congress and their staffers are among those who have read from the Bible's text. Critics say that the event is an attempt by evangelicals to link government to Christian ideals. Supporters say that the event is merely a reminder of the important role that faith played in America's founding. In a related matter, members of Congress and historians are debating how prominent the Bible should be in the displays on the history of the Congress that will be in the $522 million Capitol Visitors Center that will open in 2007.

UPDATE: Religion News Service today reported on ceremonies at the White House to observe the National Day of Prayer. The 150 invited guests at the ceremony represented Christians, Jews, Muslims and Buddhists.

7th Circuit Denies En Banc Review In Taxpayer Standing Case

Yesterday , in Freedom From Religion Foundation v. Chao, (7th Cir., May 3, 2006), by a vote of of 7-4, the U.S. 7th Circuit Court of Appeals denied en banc review of a 3-judge panel's decision in an Establishment Clause case. At issue was whether taxpayers have standing to challenge purely Executive Branch spending decisions that may promote religion. The panel held that taxpayers had standing to challenge White House spending from a general appropriation to promote President Bush's Faith-Based Initiative, even though Congress had not earmarked the funds for that specific purpose. Judges Flaum and Easterbrook both wrote opinions concurring in the denial of review. Judge Ripple , who was the dissenting member of the panel whose decision was being appealed, wrote a dissent from the denial of review which 3 other judges joined.

Federal Judge Moves To Enforce Removal Of Mt. Soledad Cross

In San Diego, California yesterday, a federal judge moved to enforce a permanent injunction that he first issued in 1991, requiring the city of San Diego to remove the cross that sits atop Mt. Soledad. For over a decade the city has sought ways to avoid the ruling, most recently by trying to transfer the property on which the cross sits to the federal government. That attempt was struck down by a state trial court as unconstitutional under California's constitution, but the decision is on appeal. But now, according to yesterday's San Diego Tribune, U.S. district judge Gordon Thompson is threatening to fine the city of San Diego $5000 per day if it does not remove the cross. Of course, Thompson's order to comply may be appealed. Here are prior postings tracing the long history of this dispute: 1, 2, 3, 4, 5.

UPDATE: At a rally on Saturday, San Diego Mayor Jerry Sanders urged City council to authorize an appeal of Judge Thompson's ruling to the U.S. 9th Circuit Court of Appeals. City Attorney Michael Aguirre, however, thinks that the city has a weak case. (San Diego Union-Tribune, May 7.)

UAE Police Investigating Illegal Pro-Christian Pamphlets

In Dubai on Wednesday morning, according to Gulf News, residents were angered by the comic-book style pamphlets they found on at least 20 car windshields. The booklet told the story of a Mulsim man who denounces his faith and converts to Christianity. In the story, a Christian man describes Muslims as "moon worshippers" and claims that Islam is a false religion. A Muslim in the story says that the "Islamic flag" will fly over the White House by 2010, at which time Muslims will kill all "infidels".

Dubai police will investigate since preaching faiths other than Islam is a criminal offence in the UAE. It is punishable by a prison sentence of up to ten years followed by deportation. Distributing pamphlets without a license is also illegal.

ACLU Director Criticizes Suit Seeking Parental Notice On Class Content

Today's Lexington (Massachusetts) Minuteman carries an op-ed piece by Carol Rose, executive director of the Massachusetts ACLU, critical of a suit filed last week against Lexington school officials by parents who claim that their religious freedom is infringed when, without prior notice, their children's classes discuss gay or lesbian issues, and when school textbooks depict gays and lesbians. Rose says that free exercise "has never meant that individual parents could demand prior notice of discussions in the public schools that might be at odds with one group's religious views."

Courting The Religious Right In Gubernatorial Primaries-- An Update

Appeals to the Christian right in state gubernatorial races seems to be producing mixed results. Yesterday in Ohio, Secretary of State Kenneth Blackwell, a favorite of Ohio's "Patriot Pastors", won the Republican primary, defeating Attorney General Jim Petro, who had also made appeals to religion in his campaign ads. On the Democratic side, voters nominated Ted Strickland to run for governor. Currently a member of Congress, Strickland is an ordained Methodist minister. Today's Columbus Dispatch reported on the primary results.

Meanwhile, in Alabama, former state chief justice Roy Moore who is running in the Republican gubernatorial primary on June 6, is trailing his primary opponent, Gov. Bob Riley, by a 2-1 margin according to today's Washington Post. Moore achieved the status of a hero among the Christian right after his defense of a 10 Commandments monument he placed in the rotunda of the state judicial building in 2001. Riley, however, has not ignored the religious issue. He holds weekly Bible study classes with his staff.

China-Vatican Reconciliation Derailed By Appointment of Bishops

Both the New York Times and BBC News report that what less than two weeks ago looked like improved relations between China and the Vatican now seems to have been derailed as China's Catholic Church installed two bishops in the last three days without Vatican approval. The Chinese Catholic Patriotic Association, the alternative church hierarchy in China, picked the two prelates, but it is likely that the moves had top-level government approval.

UPDATE: On Thursday, Pope Benedict XVI strongly condemned China's conduct. (Reuters report.)

Commission On International Religious Freedom Releases Report

Today, the United States Commission on International Religious Freedom announced this year's recommendations from it to the Secretary of State on countries that should be designated "countries of particular concern" under the 1998 International Religious Freedom Act. Eleven countries found to be the most egregious violators of principles of religious liberty were named: Burma, North Korea, Eritrea, Iran, Pakistan, China, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan and Vietnam. Put on a "watch list" this year were Afghanistan, Bangladesh, Belarus, Cuba, Egypt, Indonesia, and Nigeria. Also, USCIRF is closely monitoring developments in India, Russia, Sri Lanka and Iraq. Today the Commission also released its 2006 Annual Report on policy recommendations to promote international religious freedom. The recommendations of USCIRF were highlighted in a reports published in today's South Africa Mail & Guardian, and by Voice of America.

University of Wisconsin To Permit Disputed Funding Of Catholic Group

The Associated Press reported yesterday that University of Wisconsin-Madison Chancellor John Wiley says that despite his reservations on church-state grounds, he will recommend to the Board of Regents that the University's Roman Catholic Foundation get $145,000 in funding that will be used to run an evangelical ministry, hold prayer groups and print Lenten booklets and weekly bulletins. (See prior posting.) Students leaders approved the funding from student fees earlier this year. The Catholic Foundation, represented by the Alliance Defense Fund, had threatened to sue, saying that denial of funding would amount to unconstitutional viewpoint discrimination in the distribution of student fees. On the other hand, the Freedom From Religion Foundation now says it will likely file suit challenging approval of the funding as a violation of the separation of church and state. Chancellor Wiley said that in the future he will not support similar funding without more information on how it will be used.

European Court Vindicates Convicted Turkish Author

The European Court of Human Rights announced today that it has issued an opinion holding that the conviction of a Turkish author for defiling religion violates the freedom of expression protections in Article 10 of the European Convention on Human Rights. The judgment awarded damages in the amount of 3000 Euros to Aydın Tatlav who wrote a book titled Islamiyet Gercegi ("The Reality of Islam"). The book takes the position that religion has had the effect of legitimizing social injustices by portraying them as "God's will". First published in 1992, the book's 5th edition was published in 1996. It was at that time that a prosecution was initiated by Turkish authorities upon complaint of a private citizen. The European Court said that Tatlav's conviction, with a risk of imprisonment, might discourage authors and editors from publishing opinions about religion that were not conformist and could impede the protection of pluralism, which was indispensable for the healthy development of a democratic society.

School Board Member Dismissed As Defendant Cannot Continue In Case

In federal district court in Delaware, Judge Joseph Farnan has said that Indian River school board member Reginald Helms may not continue to be represented in court once he has been dismissed as a defendant in a case challenging the constitutionality of explicitly Christian prayers at school functions. Only the school district remains as a defendant, and it is being represented by lawyers for its insurance company. The Wilmington News-Journal today reports on the ruling. Helms, represented by high-profile Wilmington lawyer Thomas Neuberger, had contended that a judgment against the school district would still impact his personal First Amendment rights, but Judge Farnan said that if that were the case, Helms would need to file a separate suit. Meanwhile, the school district's insurers are claiming that they should be able to stop paying for the district's defense because the school board voted down a settlement offer from plaintiffs.