Hearing Officer Recommends Rejection Of Complaint About Harry Potter

The Atlanta Journal-Constitution today reports that Georgia's State Board of Education is considering a draft opinion from a hearing officer rejecting a parent's complaint over Harry Potter books in a Gwinnett County school libraries. Laura Mallory had argued the Harry Potter books promote witchcraft and the Wicca religion. At the state appeal hearing on her request, Mallory argued that the books encourage children to perform spells and feature characters who lie, cheat and steal and are not punished. The hearing officer's opinion says that Mallory failed to show that the Gwinnett County school board broke any laws or abused its discretion in refusing to ban the books. Mallory's evidence, the opinion says, consisted of unverified hearsay that she obtained from the Internet. Mallory may appeal to Gwinnett County Superior Court if the hearing officer's decision is accepted by the Board. (See prior related posting.)

UPDATE: On Thursday, the State Board of Education, without discussion, voted to accept the hearing officer's recommendation. Laura Mallory is considering whether to file an appeal. (AP).

New Official Declines County Tradition of Oath Affirming Belief In God

The Frederick (MD) News-Post yesterday carried an op-ed about the decision of new county commissioner Kai Hagen who, in being sworn in, asked that a statement declaring his belief in the existence of God not be included. Circuit Court Clerk Sandra Dalton says that taking the oath with that addition as been a "Frederick County tradition", but it is fine with her if a commissioner does not want to include it. Two alderwomen who declined to include the statement when they were sworn in last year said that their refusals were about separation of church and state. News-Post columnist Joe Volz says: "it seems to this commentator that if a public servant declines to take an oath supporting God, he should be more than willing to explain his position."

Seattle Airport May Rethink Its Removal Of Christmas Trees

Fifteen Christmas trees were displayed at Seattle's Sea-Tac Airport until late last week, but they were taken down last Thursday. Today's Seattle Post-Intelligencer reports than in October, a representative of Chabad Lubavitch began talking with the airport about placing an 8-foot tall Menorah beside the largest of the Christmas trees. When the Port of Seattle Commission did not move ahead with the request, Chabad threatened to sue. The airport's response was to remove its Christmas trees. Rabbi Elazar Bogomilsky says that this was not the response that his organization wanted, and that it will not be filing a lawsuit. Airport officials claim that they took the step because they were threatened with nearly immediate litigation. There appears to be some disagreement over when the possibility of litigation was mentioned. But, at any rate, many feel that this was an over reaction, and it is likely that tomorrow the Port Commission will authorize the trees to go back up along with decorations recognizing other holidays as well. Commissioner Bob Edwards said: "It's an international gateway -- why not celebrate other cultures?"

UPDATE: The Seattle Times reported on Tuesday that the Christmas trees went back up in Sea- Tac Airport overnight. Authorities agreed to discuss ways to represent all faiths in next year's display.

Student Loses Religious Discrimination Suit Against Private University

In Schumacher v. Argosy Education Group, Inc., (D MN, Dec. 6, 2006), a Minnesota federal district court rejected religious discrimination claims by a Christian student who was dismissed from a graduate psychology program at Argosy University, a private college, because of his verbal impulsivity and lack of social awareness. The student alleged that the faculty was biased against him because of his evangelical Christian religious views, and particularly his views opposing homosexuality. The court rejected his argument that the school was engaged in "state action" because it acted as a "gatekeeper" for state licensing of psychologists. Absent state action, the school's decisions were not subject to federal or state constitutional limitations. As to statutory discrimination claims, the court found that there was no evidence that the student was discriminated against on the basis of religion. Instead, it found that he was dismissed for academic reasons. The court also rejected breach of contract and defamation claims.

Ohio Governor Will Appoint Evolution Backers To State School Board

Ohio's state Board of Education is comprised of 19 members, eight of whom are appointed by the Governor. Outgoing governor Bob Taft has four appointments to make, and last week he told reporters that he would only appoint individuals who support the teaching of evolution. The Columbus Dispatch reported last week that Taft said this is one of the lessons he has learned. All but one of the board members elected by the voters in November are backers of teaching evolution. (See prior posting.) [Thanks to Dispatches from the Culture Wars for the lead.]

Maldives Rejects Supreme Islamic Council

Minivan News reports that in the Maldives, the interim Constitutional Parliament today rejected a proposal for an Iran style Supreme Islamic Council with power over all other state institutions. Currently, the Maldives has a Supreme Council of Islamic Affairs operating under the authority of the President.

Preliminary Injunction In Michigan Church Dispute

The AP today reports on a preliminary injunction issued on Nov. 27 by Kalamazoo, Michigan County Circuit Judge J. Richardson Johnson giving the Western Michigan Conference of the United Methodist Church access to the building of the Lane Boulevard Church over the objection of members of the congregation who voted to remove "Methodist" from the church's name. The church was originally independent, but later joined the Evangelical United Brethren Church which in 1968 merged with the United Methodist Church. That makes the church subject to the hierarchical authority of the United Methodists. However the congregation has been at odds with the United Methodists over management issues and the movement's liberal social positions. The move to leave the United Methodist movement was triggered by the denomination's plan to remove the congregation's pastor. The dispute will come to trial next year.

Statue of Pope Raises Church-State Issues In France

In the French town of Ploermel, a new statue of Pope Paul II is raising controversy. The International Herald Tribune yesterday reported that the statue was unveiled this weekend on a square named for the Pope after his death last year. Opponents argue that the statue violates France's 1905 law on separation of church and state. The town's mayor says that the statute was a gift from the artist and that no public funds were used for it. However a group trying to block the statue says that the town approved spending $172,00 for the statue's construction and the inauguration ceremony.

New Articles of Interest

From SSRN:
Donald B. Tobin, Political Campaigning by Churches and Charities: Hazardous for 501(c)(3)s; Dangerous for Democracy, (forthcoming Georgetown Law Journal).

Linda C. McClain, God's Created Order, Gender Complementarity, and the Federal Marriage Amendment, (Brigham Young University Journal of Public Law, Vol. 20, 2006).

Noya Rimalt, Equality with Vengeance- Women Conscientious Objectors in Pursuit of a “Voice” and Substantive Gender Equality , (Columbia Journal of Gender and Law, Vol. 16, No. 1, 2006).

From Bepress:
Nathaniel J Odle, Privilege through Prayer: Examining Bible-Based Prison Rehabilitation Programs under the Establishment Clause, (Dec. 1, 2006).

From SmartCILP:
Arskal Salim, The Influential Legacy of Dutch Islamic Policy on the Formation of Zakat (Alms) Law in Modern Indonesia, 15 Pacific Rim Law & Policy Journal 683-701 (2006).

Symposium Issue: World Views Collide. Articles by Hon. Richard F. Suhrheinrich, Ryan R. Wilmering, Jay Alan Sekulow, Erik Michael Zimmerman, Jeffery J. Ventrella, David A. Friedman, Nadine Strossen and Marvin N. Olasky. 23 ThomasM. Cooley Law Review 1-156 (2006).

Bible Briefly In Jury Room Does Not Result In Mistrial

In Columbus, Mississippi, attorneys for Kristi Leigh Fulgham failed in their call on Saturday for a mistrial after Bailiff James Austin complied with a juror's request to leave a Bible in the jury room during jury deliberations. Yesterday's Columbus Commercial Dispatch reports that the Bible was in the jury room for only 15 minutes at the beginning of the jury's deliberations on whether Fulgham should receive life in prison or the death sentence for the murder of her husband in 2003. The jury returned a sentence of death by lethal injection. Bailiff Austin, a minister, said he regrets his actions.

Pope Addresses Legal Experts On Secularism

AGI yesterday reported on an address by Pope Benedict XVI to the Union of Italian Catholic Law Experts. The Pope's topic was secularism. The Pope said: "We must demonstrate that without God man is lost and that the exclusion of religion from social life, in particular the marginalization of Christianity, ruins the foundations of human coexistence," that "before having a social and political nature it has a moral nature."

White House Projects Largely Secular Christmas So Far

Those who follow church-state issues closely like each year to examine the White House's public celebration of Christmas to see how religious it is in content. This year, so far the secular and commercial elements of Christmas seem to clearly outweigh the religious ones in the White House celebration. This year's White House theme is Deck the Halls and Welcome All.

Prominently featured on the White House website is an amusing video titled Barney's Holiday Extravaganza. Barney is the President's dog-- a Scottish terrier, and apparently this is his eighth video . The short movie stars the President and Mrs. Bush, Press Secretary Tony Snow, Karl Rove, Treasury Secretary Henry Paulson, OMB Directory Rob Portman, Education Secretary Margaret Spellings, country music star Dolly Parton, football and reality show star Emmitt Smith, and others. The only religious element in the video comes from a close focus on some of the instrumental musical score. Interestingly the White House furnishes a link to the iTunes website, apparently for members of the public who wish to legally download the music.

This year's White House Christmas card has just been sent out. Wall of Separation blog goes to great lengths to point out that the card does not mention the word "Christmas", and includes a quotation from Psalms ( "Thy word is a lamp unto my feet, and a light unto my path"), but nothing from the New Testament. The card is not yet on the White House website, but is available online from U.S. News & World Report.

The one exception to the overwhelmingly secular and commercial celebration of the holidays by the White House was the President's remarks at the lighting of the National Christmas Tree last Thursday. His statement, while largely non-religious in nature, included these lines: "Christmas is a season of glad tidings, and a time when our thoughts turn to the source of joy and hope born in a humble manger 2000 years ago... We come together to celebrate a simple and inspiring story. It's a story of a miraculous birth in a humble place. It is a story of a single life that changed the world -- and continues to change hearts. And for two millennia, this story has carried the message that God is with us and He offers His love to every man, woman and child."

Some Challenge Brightness of Cross On Church Property

In Palm Desert, California, some residents think that a large cross on a hill next to an Episcopal church is too bright, and they are looking into the legality of the cross that is illuminated with 46,800 lumens of fluorescent light. Today's Palm Springs (CA) Desert Sun reports that the cross, lit with 39 13-watt fluorescent bulbs, can be seen for miles around. If built today, the cross would clearly violate city and county lighting ordinances. However, the predecessor to today's cross was put up 25 years ago, under a permit that allowed 40 light bulbs of 25 to 100 watts each. It is not clear whether required governmental approval was obtained when today's brighter version was put up 10 years ago.

Court Upholds Las Cruces School System Against Establishment Clause Challenges

In Weinbaum v. Las Cruces Public Schools, (D NM, Dec. 7, 2006), a New Mexico federal district court, after a bench trial, held that neither the use of a logo featuring a sunburst with three crosses on Las Cruces school vehicles, nor a mural created by elementary school students that depicts three crosses in its design, violates the Establishment Clause. The court found that the primary purpose of the logo on Las Cruces school district maintenance vehicles was to make them readily identifiable. The mural's design originated with children in a secular arts-based educational program. The court pointed out that the name "Las Cruces" means "The Crosses", and probably refers to crosses placed on the graves of massacre victims in the area. Today's Las Cruces Sun-News reported on the decision. (Also see prior posting.)

Sharia Compliant Investing Uses World's Commodities Markets

A report today from Reuters highlights a trend that may ultimately pose questions for U.S. financial regulators. Islamic investors, whose religion forbids them from investing in many conventional financial products, have begun to place substantial amounts of money into the commodities markets. Islamic law allows financial returns only from genuine business activities. So banks, instead of paying interest, will sell a Muslim investor commodities at a discount that equals what would otherwise be paid as interest on the investor's funds. The investor immediately resells the commodity at a profit. This legal fiction satisfies the requirements of Sharia, though some Islamic scholars are unhappy about arrangements where legal title changes on paper, but commodities never physically move between buyers and sellers. Trades are usually carried out on the London Metal Exchange.

Religious Rehab Programs In US Prisons Examined

Sunday's New York Times carries a long article on governmentally-financed religious programs in state and federal prison facilities. The article, Religion for Captive Audiences, With Taxpayers Footing the Bill, is another of a series of articles by Diana Henriques (this one co-authored by Andrew Lehren) on governmental support for religious programs and organizations. (See prior postings 1, 2.)

UPDATE: Sunday's Lawrence (KS) Journal-World reports that likely presidential candidate Sen. Sam Brownback spent Friday night in the Louisiana State Penitentiary to promote faith-based programs n prisons.

Pennsylvania Supreme Court Won't Review Catholic Student Center

On Nov. 21, the Pennsylvania Supreme Court denied review in Diocese of Altoona-Johnstown v. Zoning Hearing Board, a case in which the appellate court held that a proposed Catholic Student Center at Penn State University should be classified for zoning purposes as a structure that will primarily be used as a place of worship, even though portions of the building would be used for other purposes as well. (See prior posting.) The Centre Daily Times today reports on the decision and the disappointed reaction of neighbors who were trying to keep the university facility our of their residential neighborhood.

Britain's Blair Calls For More Cultural Integration of Religious Groups

The AP reports that in Britain today, Prime Minister Tony Blair pressed for greater cultural integration of immigrants. He announced that grants to religious groups would only be given to those that promote understanding between different sectors of society. He said that all faith schools should team up with schools teaching a different religion and supported laws that require preachers arriving in Britain from overseas to be able to speak English.

Defendant Sues To Reverse Sentence To 12-Step Program

In October, Mindy Gayle Offutt pled guilty in a Rogers, Arkansas state court to a misdemeanor charge of possessing a controlled substance. Trial judge Doug Schrantz gave Offutt a 30 day suspended jail sentence and ordered her to attend 12 Narcotics Anonymous meetings. The suspension of the sentence would be revoked if she failed to attend. The Northwest Arkansas Morning News reports that yesterday in federal court in Fayetteville, Offutt sued to obtain an injunction so she is not forced to go the NA 12-step program (as well as damages). She claims that the program has a religious theme and that all participants are required to pray at the end of each session. She says that the First Amendment prohibits government from forcing anyone to participate in a religious activity.

Pakistan's Supreme Court To Hear Challenge To Agreement With UK On Child Custody

The United Kingdom-Pakistan Judicial Protocol on Children Matters is being challenged in Pakistan's Supreme Court. The Protocol provides that when a child is wrongfully removed from, or retained in, the UK or Pakistan, the courts in that country will not normally make decisions about residence (custody) or contact. Instead, they will order the child to be returned to his or her home country, so that the courts there can hear the case. (UK Foreign and Commonwealth Office summary.) However, according to the Pakistan Daily Times, today the Supreme Court will hear a case in which a father claims that principles of Islamic law should override the Protocol. At issue is a legal battle for custody of a British girl, now held by her father in Pakistan. The Lahore High Court had ruled that the girl should be returned to her mother. However her father says that Islamic law prohibits the girl being sent to her mother who is living in an adulterous relationship with another man. He claims that Pakistani law does not give effect to the Protocol.