25th Anniversary Of UN Declaration On Religious Freedom

Today is the 25th anniversary of the adoption by the United Nations of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Marking the day, the United States Commission on International Religious Freedom called on countries around the world to review their policies in order to promote religious freedom and support the work of the United Nations and other international bodies in this area.

Sect Leaders Convicted For Resisting Restaurant Inspection

In Costa Mesa, California, three members of a small born-again Christian religious sect were convicted this week on multiple misdemeanor counts for refusing to let health inspectors into their tea room to carry out a normally-routine restaurant inspection. The Associated Press today reports that the Piecemakers have resisted health inspectors since the early 1990's, arguing that the law of God takes precedence over the law of man. Inspectors say the Piecemakers are selling unpackaged foods, such as homemade sandwiches and soup, without a permit. They were ordered to stop doing so and placed on probation in 2000, but undercover inspectors found continuing violations. Last October, inspectors arrived with a court order and faced a loud confrontation. 85-year old Marie Kolasinski and two others were arrested after they wrestled with inspectors and let loose with a barrage of profanity. Defendants each face up to a year in jail.

Indiana Released-Time Suit Nears Settlement

A settlement appears to have been reached in a law suit filed last month by the ACLU of Indiana against the Mooresville, Indiana school system challenging the Weekday Religious Education Program offered to Neil Armstrong Elementary School students. (See prior posting.) The Indy Star today reports that the primary concern of the parents challenging the released-time program has been met by moving the voluntary weekly classes from a trailer on school property to a church across the street.

Yemeni Editor Sentenced For Publishing Mohammed Cartoons

A court in Yemen today found newspaper editor Kamal al-Olufi guilty of "publishing blasphemous drawings offending the Prophet Mohammed and Islamic religion." The controversial cartoons were first run in a Danish newspaper last year. M&C News reports that al-Olufi was sentenced to one year in prison, and a six-month ban was imposed on his newspaper for violations of Yemen's Press and Publications Law.

Marine Now In Iraq Sues As Conscientious Objector

A Philadelphia Inquirer story from yesterday reports that a habeas corpus action has been filed in federal court in Washington, D.C. on behalf of Marine Lance Corporal John Rogowskyj, Jr. The Pennsylvania man is seeking to be discharged as a conscientious objector. The 22-year old Marine who joined the National Guard in 2002, says he is a religious humanist who does not belong to any organized religion. His CO claim was rejected by a C.O. Status Screening Board in August. The Board said it believed that his claim was merely a means to avoid deployment to Iraq. He was deployed to Iraq on Nov. 2 in a non-combat assignment—serving on an armed patrol boat protecting hydroelectric plants along the Tigris and Euphrates Rivers and Lake Qadisiyah.

Turkey In Uncertain Times On Relation of Islam To State as Pope's Visit Nears

Pope Benedict XVI will visit Turkey next week. The Los Angeles Times reports that many Muslims in the country remain angry over the Pope’s speech in Regensburg, Germany last September that was seen by many as unfairly critical of Islam. (See prior posting.) Turkey’s Prime Minister Recep Tayyip Erdogan, who will be away at a NATO summit during part of the Pope’s visit, will not be meeting with the Pope. The Pope’s planned visit to Istanbul's St. Sophia, built in the 6th century as a Byzantine church and converted into a mosque 900 years later, has also created controversy as an Islamic newspaper charged that the Pope was planning to bless the former church in an attempt to "revive Byzantium". Actually, the main purpose of the Pope’s trip is to bridge the split between the Vatican and the world’s Orthodox Christians led by Ecumenical Patriarch Bartholomew I in Istanbul. (Houston Chronicle).

This week, Turkey’s leading think tank, the Turkish Economic and Social Studies Foundation, released a poll suggesting that political Islam is not taking hold in the country. It shows that while religion is flourishing in Turkey, it is undergoing modernization and liberalization. (Turkish Weekly.)

Meanwhile, in what is seen as a precedent-setting decision, a Turkish court this week ruled that a student who was a member of Turkey’s Alevi community was exempt from mandatory religion courses taught in Turkish schools. The case was brought by Ali Kenanoglu, Deputy Chairman of the Alevi-Bektashi Foundation, in order to get the exemption for his son. Turkey’s Religious Affairs Directorate has insisted that Alevis are not members of a separate religious faith. In a separate case, an appeal is pending before the European Court of Human Rights by an Alevi challenging mandatory religion classes in Turkish schools. (Reports from Sabah and from the Turkish Daily News.)

UPDATE: Zenit on Sunday carried an interesting interview with Raphaela M.T. Schmid, the Rome director of the Becket Institute for Religious Liberty on The State of Religious Liberty in Turkey. She says: "Christian churches want more religious freedom but they too are aware that the secularism of the Turkish state may also be a bulwark against a more radical form of Islam."

Religious Bias Claim Growing Out Of Child Neglect Proceeding Moves Ahead

In Starkey v. Boulder County Social Services, 2006 U.S. Dist. LEXIS 84768 (D CO, Nov. 21, 2006), a Colorado federal district court permitted a husband and wife and their children to move forward with their claim against state social workers. Plaintiffs alleged that the defendants during the course of a Colorado state court dependency and neglect proceeding took action to deprive plaintiff parents of custody and visitation rights, motivated by disapproval of their fundamentalist Christian beliefs. The court dismissed claims against the social service agency itself on 11th Amendment grounds, but permitted claims against individual defendants to proceed over their claim of qualified immunity.

Hong Kong Court Upholds Regulation Of Religious Schools Getting State Aid

The High Court of Hong Kong yesterday decided Catholic Diocese of Hong Kong v. Secretary for Justice, (HCAL 157/2005, Nov. 23, 2006), upholding a 2004 law on the governance of religious schools receiving state aid in Hong Kong. Hong Kong's Basic Law protects the right of religious organizations to continue to run seminaries and other schools "according to their previous practice". The Catholic Diocese challenged the requirement that school management committees be set up, and that sponsoring religious bodies are only permitted to appoint 60% of the committee members. The court held that educational institutions’ autonomy must be subject to the policies formulated by the Government of the Hong Kong under article 136(1) of the Basic Law that gives the government the power to "formulate policies on the development and improvement of education". China's The Standard today reports at length on the decision and says the diocese has not said whether it plans an appeal.

Pakistan Senate Follows Lower House In Passing Hudood Amendments

Following the lead of the National Assembly (see prior posting), Pakistan's Senate yesterday passed amendments to the country's Hudood Ordinance, allowing rape cases to be tried in criminal courts instead of Islamic courts, and eliminating the death penalty for persons convicted of having sex outside of marriage. The International Herald Tribune reported that the bill, passed by voice vote, now goes to President Pervez Musharraf, who is expected to sign it into law. The International News gives more detail on the debate in the Senate on the law, known as the Women's Protection Bill.

Christian Converts Go On Trial In Turkey

The Associated Press reports that two men who converted to Christianity went on trial yesterday in Turkey, charged under Article 301 of Turkey's Penal Code with insulting "Turkishness" and inciting religious hatred against Islam. The charges against the men include telling potential converts that Islam was "a primitive and fabricated" religion and that Turks would remain "barbarians" as long they continued practicing Islam; speaking out against Turkey's compulsory military service; and compiling databases of possible converts. The trial began just a few days before Pope Benedict XVI visits the country.

Ontario Group Complains About City Council Prayer

In the Canada, the group Secular Ontario has examined the minutes of council meetings posted online by Ontario towns and cities and has found 18 municipalities that open their meetings with the Lord's Prayer. Yesterday's Ottawa Sun reported that the group has sent the list to Municipal Affairs and Housing Minister John Gerretsen and has written the municipalities involved pointing out that a 1999 Ontario Court of Appeals decision (Freitag v. Corporation of the Town of Penetanguishene) held that the practice violates Canada's Charter of Rights and Freedoms.

Court Avoids Interesting RLUIPA Constitutional Issue

A Georgia federal district court has avoided deciding an intriguing constitutional challenge to the Religious Land Use and Institutionalized Persons Act. In Williams v. Georgia, 2006 U.S. Dist. LEXIS 80852 (SD GA, Nov. 6, 2006), a federal judge accepted in full a Magistrate Judge's Report and Recommendation, 2006 U.S. Dist. LEXIS 84023 (SD GA, Oct. 10, 2006), denying prison officials' motion to dismiss a RLUIPA claim against them. The prisoner's substantive complaints were fairly routine-- the prison's refusal to furnish him a pork-free diet and the requirement that he shave his head and beard violate his right to practice his religious beliefs. The unusual part of the case was the defense raised by prison officials to the portion of the suit brought against them in their individual capacities.

The defendants argued that the constitutional basis for RLUIPA is Congress' spending clause power, and the individual officials are not part of the contract for spending between the Department of Corrections and the federal government. However the court held that since plaintiff's claims are only against the individual defendants in their official capacities, it is unnecessary for the court to decide the more difficult question of whether RLUIPA authorizes suit against government officials in their individual capacities. (See prior related posting.)

D.C. Officials Say Religious Group Needs Fraternity House Zoning

Just before Thanksgiving, Washington, D.C.'s Zoning Administrator found himself in the midst of a dispute with nine college students over the line between a religious organization and a fraternity house. Yesterday's Washington Post reports that in August, student Brian O'Neill Jr. and eight friends moved into an elegant house in Georgetown where zoning rules restrict occupancy to six unrelated people. The students, however, filed to incorporate as the Apostles of Peace and Unity, a non-profit religious organization-- a move that some of their parents described as "ingenious". Religious groups are exempt from the six-person limitation. However, at the instance of unhappy neighbors, D.C. zoning officials have issued a cease-and-desist order against the students, saying they fit the definition of a fraternity house and therefore require a zoning variance and additional designated parking spaces.

Scientologists' Gifts To London Police Questioned

The British press has disclosed that London police officers have accepted gifts and entertainment worth thousands of pounds from the Church of Scientology. Reuters on Wednesday reported that the police department has opened a review of its hospitality policy after it was disclosed that invitations to charity dinners, music concerts and a film premiere were among the gifts, most of which were approved by senior officers. Police apparently developed a relationship with Scientologists when the group helped police last July in dealing with the suicide attacks on the London transit system.

President's Thanksgiving Proclamation and Its References To Religion

Last week President Bush issued a Presidential Proclamation (full text) setting today as Thanksgiving. Stressing religious origins of the day, the President said "Nearly four centuries have passed since early settlers gave thanks for their safe arrival and pilgrims enjoyed a harvest feast to thank God for allowing them to survive a harsh winter in the New World." He continued: "I encourage all Americans to gather together in their homes and places of worship with family, friends, and loved ones to reinforce the ties that bind us and give thanks for the freedoms and many blessings we enjoy."

Yesterday, the President focused more on the secular aspects of the holiday, pardoning two Thanksgiving turkeys brought to the White House by the National Turkey Federation. Today the turkeys will serve as the honorary grand marshall of the Thanksgiving Day Parade at Disneyland. However, President Bush did not totally ignore the religious element of the day, pointing out-- just before granting the formal pardon-- that "on Thanksgiving Day, we gather with loved ones and we lift our hearts toward heaven in humility and gratitude." (Full text of President's statement.) The White House website has a special web page devoted to Thanksgiving 2006, including the results of the online voting for the preferred names for the White House turkeys. The winning choice was Flyer and Fryer.

Joseph Knippenberg at No Left Turns discusses the history of Presidential Thanksgiving Proclamations, and the varying emphasis on religion in them. And in today's Washington Post, columnist Jon Meacham discusses how to fit Thanksgiving into America's church-state separation.

47 Congress Members Support "In God We Trust" As 9th Circuit Amici

The American Center for Law and Justice announced yesterday that it has filed a brief on behalf of 47 member of Congress (1 Senator and 46 Representatives) in the 9th Circuit case of Newdow v. Congress of the United States. The case involves a challenge to the constitutionality of the national motto, "In God We Trust". The amicus brief (full text) argues that the use of the national motto is fully consistent with the Establishment Clause. Relying on Supreme Court dicta and lower court decisions, the brief says that the motto merely reflects the historical role of religion in U.S. history. (See prior related posting.)

Virginia Protects Game From Being Hunted On Sundays

As deer hunting season begins, The Hook reported yesterday that one of the remaining "blue laws" in Virginia bans hunting on Sunday. Code of Virginia Sec. 29.1-521 provides, rather cryptically, that it is unlawful: "To hunt or kill any wild bird or wild animal, including any nuisance species, with a gun, firearm or other weapon on Sunday, which is hereby declared a rest day for all species of wild bird and wild animal life, except raccoons, which may be hunted until 2:00 a.m. on Sunday mornings." Virginia residents are split on whether the ban on Sunday hunting should be repealed. Apparently the state Game Department favors repeal to counter a decline in the sale of hunting licenses.

6th Circuit Upholds Retaliation Claim By School Official Invited To Gay Church

Yesterday in Scarbrough v. Morgan County Board of Education, (6th Cir., Nov. 22, 2006), the U.S. 6th Circuit Court of Appeals reversed a trial court's grant of summary judgment and permitted a school superintendent who was not appointed to a new position as director of county schools to proceed with his First Amendment retaliation claims against three members of a School Board of Education who voted against him. The court also permitted him to proceed under 42 USC Sec. 1983 against the Morgan County, Tennessee School Board itself. Plaintiff Paul Scarbrough argued that he was denied the position because a local newspaper had reported that he had agreed to speak at a convention sponsored by a church with a predominantly gay and lesbian congregation. In fact, he ultimately turned down the invitation to speak because of scheduling conflicts. The court held that the retaliation claims arise under the First Amendment's free speech clause, and dismissed a parallel free exercise of religion claim, as well as a freedom of association claim, saying that these are not independent causes of action.

Free Exercise Challenge To County Human Rights Code Dismissed As Moot

Arlington County Virginia's Human Rights Code (Code Chap. 31) prohibits discrimination on the basis of sexual orientation. Last year, Bono Film & Video, Inc. refused a request by Lilli Vincenz that it copy for her two videos about gays and lesbians. The family-owned company has a policy that it will refuse work that is inconsistent with its Christian and ethical values. Vincenz filed a complaint with the Arlington County Human Rights Commission. Initially it issued a decision finding that Bono Film and its owner had illegally discriminated against Vincenz. After Vincenz filed suit, the Commission reconsidered the decision and dismissed the case. Last week in Bono Film & Video, Inc. v. Arlington County Human Rights Commission, 2006 Va. Cir. LEXIS 194 (Cir. Ct. Arl. Co., Nov. 16, 2006), a Virginia trial court dismissed the suit that had been filed challenging the Commission's action. The court held that since no enforcement action had been taken against plaintiffs, they lacked standing to pursue the claim that Virginia law did not authorized the Commission to investigate sexual orientation discrimination claims. Their free exercise claims challenging the Commission's initial decision were found to now be moot. (See prior related posting.)

India's Supreme Court Will Consider Whether Superstition About 13 Is Religious

India's Supreme Court has agreed to review an unusual case in which a man from Kerala charges that superstitious avoidance of the number 13 by the government violates the India's secular constitution and is based on Christian ideas. His suit challenges the High Court of Kerala's decision not to have a Court number 13. Yesterday Reuters reported that the lower court held N.K. Chandramohan's suit was "frivolous" and fined him 10,000 rupees for trying to "malign" the court. But the Supreme Court on Monday said that "such superstitious behavior cannot be encouraged", and said it would hear the appeal soon.