Top Ten 2006 Free Exercise- Church/State Developments

Here are my picks for the Top Ten developments in Church-State Separation/ Free-Exercise of Religion in 2006. They reflect my judgment on the relative lasting importance of the many judicial, legislative and political events of the past year. This year, international stories have often carried a high profile, and several of the picks reflect this. Each development has been the subject of many postings over the year. A link to one typical story on the issue accompanies each pick. I invite comments by those who agree or disagree with my choices.

1. Muslim nations react strongly to publication of Muhammad caricatures by Danish newspaper.
2. Fundamentalist Christian clergy work to energize conservative voters for November elections, walking fine line on IRS limits.
3. Military chaplains split on support for guidelines emphasizing inclusive prayer at military events.
4. A federal district court strikes down Iowa’s faith-based prison rehabilitation program.
5. Muslim women around the world find increasing resistance by government agencies, courts and politicians to their wearing of niqab (veil), or even hijab (headscarf).
6. Polygamy begins to regain respectability despite prosecution of FLDS leader.
7. Supreme Court holds religious use of hallucinogens is protected by RFRA.
8. Attempts in courts and Congress to save the Mt. Soledad Cross continue.
9. The Rahman case in Afghanistan and the punishment of proselytization and conversion in Asia and the Middle East capture world attention.
10. Politicians and commentators object to swearing-in on Koran for first Muslim member of Congress.

You can compare the top ten picks for 2006 by the Religious Newswriters Association. Their poll looks to all the year's "religion stories", not just the ones that involve legal or church-state issues. Interestingly, we agree on the top story, but not on many of the others. And if you want to review my 2005 picks, they are still online from a year ago.

UPDATE: Here is another top ten list posted just this morning by Don Byrd at Blog from the Capitol.

Utah Cities Change New Years Celebrations Because Of Mormon Traditions

Provo and St. George, Utah, have switched their cities' traditional New Years Eve celebrations to Saturday in order to avoid conflicts with the Mormon religious practice of discouraging revelry on Sundays. KUTV this week also reported that two other cities, Kaysville and Fruit Heights, have totally cancelled their celebrations.

U.S. Military Seeking To Recruit More Muslims

Yesterday's Christian Science Monitor reported on efforts by the Pentagon to recruit more Muslims into the military. As the need for Arabic speakers, and for those who understand the cultures of Iraq and Afghanistan, increase, the service academies have opened Muslim prayer rooms and have recruited Imams to serve as chaplains. Non-Muslim officers have begun to celebrate religious events with Muslims in the U.S. and overseas. The Marines have tried to accommodate the observance of Ramadan by their enlistees, have created an outreach program to Arab-Americans in major U.S. cities, and are attempting to sensitize Marine recruiters to cultural differences they may encounter in working with Arab-Americans. [Thanks to Melissa Rogers for the lead.]

Thailand Bars "Coyote Ugly" Dancers As Religiously Offensive

In Thailand, the Culture Ministry has banned dancers known as Coyote Girls from dancing in public, particularly near Buddhist temples. The dancers are named after the 2000 U.S. film "Coyote Ugly" about a group of young women who dance seductively on a New York City bar top. Similar dancers began to be featured in Bangkok night clubs, and then began to appear at shopping malls, outdoor festivals and at businesses to promote their products. The Associated Press in a story carried widely over the last few days by U.S. papers reports that Queen Sirikit has ordered a ban after Coyote Girls appeared at a motorcycle shop in mid-October in the northeastern province of Nong Khai. Their performance was near a Buddhist temple that was holding a festival to mark the end of the Buddhist Lent-- a 3-month period devoted to study and meditation.

TSA Trains Agents In Cultural Sensitivity For Hajj Pilgrims

WorldNetDaily yesterday reported that the U.S. Transportation Security Administration has provided sensitivity training to 45,000 airport security officers to prepare them for expected travel by thousands of U.S. Muslims to Saudi Arabia in the Hajj that began yesterday. The State Department publicized the training program on its USINFO website last Tuesday. WorldNetDaily reports that TSA, as well as other government agencies, is working with the Council on American-Islamic Relations (CAIR) on issues relating to profiling and cultural sensitivity. Some are critical of the relationships with CAIR because of actions and statements by some of its leaders since 9/11 and because of the group's relationships with Saudi Arabia and the UAE. [Thanks to Alliance Alert for the lead.]

Court Requires Church To Comply With Amended Zoning Law

Last week, in City of Elgin v. All Nations Worship Center, (IL App. Ct., Dec. 20, 2006), an Illinois appellate court upheld the city of Elgin's attempt to amend its zoning ordinances to avoid problems under RLUIPA and under the First Amendment. After All Nations Worship Center challenged Elgin's total ban on churches in areas zoned for business, the city amended its ordinance to permit churches to obtain conditional use permits in those areas. The church however claimed that since its judicial challenge was filed under the old ordinance-- that it says was invalid-- it acquired a vested right to operate without applying for a permit under the new law. The appellate court disagreed and upheld the lower courts dismissal of the church's counterclaim that challenged the old ordinance. Yesterday's Elgin Courier News reports on the decision.

6th Circuit Awards Attorneys' Fees In RLUIPA Case

Yesterday in DiLaura v. Township of Ann Arbor, (6th Cir., Dec. 27, 2006), the U.S. 6th Circuit Court of Appeals agreed with plaintiffs in a RLUIPA case that they were "prevailing parties" and were entitled to $178,535 in attorneys fees, rejecting the district court's lower award. In the underlying case, the Apostolate for the Eucharistic Life challenged the Township's refusal to grant a zoning variance so it could operate a bed and breakfast that hosted guests without charge for prayer and contemplation.

Gerald Ford Remembered For Helping Soviet Jews Gain Freedom

Former U.S. President Gerald Ford who died on Tuesday night (White House announcement) will, among other things, be remembered for his important contributions to international religious freedom, and particularly religious freedom for Soviet Jews. Yesterday's Australian Jewish News points out that Ford signed the Helsinki Final Act in August 1975. In the document, the U.S., Canada, the Soviet Union and 32 European countries agreed to respect human rights, including fundamental freedoms of religion, thought and conscience. The Declaration helped put pressure on the former Soviet Union to permit emigration of Jews. In another attempt to pressure the Soviet Union to allow persecuted Jews to leave the country, in January 1975 Ford signed into law the Jackson-Vanik Amendment. It denied most-favored nation trading status to nations with non-market economies that restricted free emigration.

Keith Ellison Speaks Out On His Muslim Faith and Politics

Minnesota Representative-elect Keith Ellison, the first Muslim elected to Congress, spoke in Detroit yesterday to a group of Arab-American, Muslim, labor, and Catholic leaders at a meeting sponsored by Metropolitan Organizing Strategy Enabling Strength, MOSES, a Detroit faith-based coalition. Ellison, recently the subject of criticism by some columnists and politicians who objected to his plans to be sworn in to office using the Quran (see prior posting), made interesting and conciliatory comments about the role of his faith in his political decisions. Here are some excerpts as reported by the Detroit Free Press :

I'm not a religious leader, I've never led religious services of any kind. I'm not here to be a preacher, but in terms of political agenda items, my faith informs me....

I'm a little incredulous about why anyone would care about what I'm going to swear on. In fact, if I swore on a book that wasn't of my tradition ... would you trust me?

Many people see their religion as an identity thing, much in the same way Crips or Bloods might say, "I'm this, this is the set I'm rolling with". They've never actually tried to explore how religion should connect us, they're into how religion divides us. .... They haven't really explored ... how my faith connects me to you.

Texas City Sued By Santeria Priest Over Animal Sacrifice Ban

Jose Merced, a Santeria priest, has filed suit against the city of Euless, Texas because it refuses to permit him to conduct religious ceremonies that include animal sacrifices. The Associated Press yesterday reported that the federal lawsuit filed in Fort Worth charges that city officials refused to grant Merced a permit even to conduct the ceremonies inside his home where neighbors would not see or hear them. City officials say that killing animals inside the city is illegal. Merced argues that animal sacrifice as a form of worship is central to Santeria and is protected by the First Amendment, citing a 1993 U.S. Supreme Court case, Church of Lukumi Babalu Aye v. City of Hialeah.

Suit and Counter-Suit In Illinois Priest Sex Abuse Case

In state court in Chicago last month, a priest accused of sexually abusing two boys over 20 years ago while he was serving in a Burbank, IL church filed a defamation action against his accusers. The priest denies the abuse charges and claims his accusers had a vendetta against him. Even though a review board found reasonable cause to believe that the abuse occurred, Fr. Robert Stepek is suing for over $1 million in damages. Renew America reports the story and sets out the full text of the complaint in the suit. In response to the defamation suit, the two alleged victims have filed a counter-suit according to a report from the Chicago Sun-Times on Dec. 14. The complaint in that suit (full text published yesterday by Renew America) seeks to hold the Chicago Archdiocese liable for any damage suffered by the accused priest. The complaint says that victims' reports of alleged abuse were supposed to be held in confidence and not made public by the Archdiocese, and that Stepek himself, as well as another priest, disclosed the charges.

Russia May Back Off of New Church Reporting Rules

Russia's Federal Registration Service, says it will review reporting rules applying to religious groups under Russia's controversial new Law on Non-Governmental Organizations. (See prior posting.) An article yesterday in USA Today quotes Victor Korolyov, head of the FRS division responsible for enforcing the law, as saying: "I don't know whether we'll be able to (change the regulations) before April" when the new rules take effect, since Parliament or the president must approve any change. However he concedes that the law will be difficult to enforce on nearly a million religious branches across Russia and says that the government will not strictly enforce the rules for now. It appears that some local officials have gone beyond the law's requirements and have already asked churches for lists of their members.

Religious Freedom Case Pending In Texas Supreme Court

Newspapers around the country have carried an Associated Press story about a pending Texas Supreme Court case testing the scope of the state's Religious Freedom Restoration Act. (Title 110 , TX Civil Prac. & Remedies Code). At issue is a faith-based rehabilitation program for nonviolent parolees set up by Pastor Richard Barr in 1999 in two homes near his church in Sinton, Texas. City officials then outlawed the program by passing an ordinance prohibiting any rehabilitation facility for parolees within 1,000 feet of any church, school, residential area or park. Barr's lawyers say the ordinance specifically targeted Barr. The lower courts (see prior posting) have agreed with the city that the zoning change did not limit Barr's religious practice. Oral arguments are expected in March or April. Here are links to all the briefs in the case filed with the Texas Supreme Court (thanks to How Appealing).

Profile of Kentucky's Prison Staff Chaplains

Today's Louisville Courier-Journal profiles the work of Victor McKinney, one of the 15 full-time chaplains employed by the Kentucky Department of Corrections. The chaplains are paid up to $48,000 per year. Presently all the chaplains are Christians.

Judge Rejects First Amendment Defense To Marijuana Charges By Church Founders

The Arizona Daily Star today reports that a New Mexico federal judge has ruled against the founders of a Southeastern Arizona church that uses marijuana as a sacrament. An earlier jury trial on drug charges (see prior posting) was apparently postponed while the court considered a motion by church founders Dan and Mary Quaintance arguing that the U.S. Supreme Court's O'Centro decision protected them from prosecution. Judge Judith Herrera found that the Quaintance's do not hold sincere religious beliefs regarding marijuana. Instead, according to the judge, the Quaintances created the church to justify their belief that marijuana should be legalized. She wrote: "Defendants cannot avoid prosecution for illegal conduct simply by transforming their lifestyle choices into a 'religion'."

UPDATE: The full opinion in United States v. Quaintance is now available at 2006 U.S. Dist. LEXIS 94439 (D NM, Dec. 22, 2006).

Employee Awarded Damages In Religious Discrimination Case

In a Huntsville, Alabama federal court last week, a jury awarded $15,000 in damages for mental anguish and $100,000 in punitive damages to Carolyn Hall, a former office manager in a medical clinic who was fired after she refused to discuss her religious beliefs with the clinic's owner, Dr. Dean Willis. Willis told Hall that he was concerned about her job performance because he did not know where she stood with God. Today's Huntsville Times, reporting on the religious discrimination verdict, says that damages will probably be reduced to $50,000 because of a statutory cap on damages in federal civil rights actions. 42 USC 1981a permits punitive damages in intentional employment discrimination cases, but caps total damages depending on the size of the business involved.

Dispute Over Cross In William & Mary Chapel Continues

The controversy continues at the College of William and Mary over the President's decision to remove a table cross from permanent display in the school's Wren Chapel in order to make the facility more welcoming to non-Christians. The school is now part of the state university system. (See prior posting.) According to yesterday's Washington Post, President Gene Nichol has now said that the cross will be displayed on Sundays, instead of only during Christian worship services or when otherwise requested. The school will also put up a plaque noting that the chapel's began as an Anglican place of worship. And today's Inside Higher Ed reports in more detail on a letter by President Nichol released to the campus community just before Christmas explaining in detail the reasons for his decision and announcing these additional moves.

Land Use Dispute Between Jewish Student Group and Milwaukee Neighbors

A new land use battle under RLUIPA may be brewing in Milwaukee, Wisconsin. The Milwaukee Jewish News yesterday reported that the Hillel organization plans to build a new Jewish student center near the University of Wisconsin - Milwaukee. In October, the Milwaukee Jewish Federation purchased two homes across from campus and filed a request for a permit to raze them. Neighbors, arguing that Hillel's plans will destroy the historic nature of the neighborhood, convinced the Milwaukee Historic Preservation Commission to give the houses interim status as historic buildings. Hillel has filed an appeal to Milwaukee's Common Council, which is expected to act on the case in January.

Indian Judge Stays Order Limiting Sacrifices By Muslims On Bakri Eid

In India earlier this month, the Bombay High Court ruled that it is illegal to slaughter bulls that are less than 16 years old. (DNA India, Dec. 18.) Apparently the ruling was handed down in order to clarify the meaning of "calf" under the Maharashtra Animal Preservation Act of 1976. However yesterday DNA India reported that Justice S J Vazifdar has granted a stay of the ruling until January when the full court can hear a challenge by the State Minority Commission and the Beef Dealers' Welfare Association. The challengers argue that the slaughter ban unconstitutionally interferes with religious practices of the Muslim community. Muslims traditionally sacrifice a young goat or bull on Bakri Eid, the festival marking Abraham's finding of a lamb as a replacement for his son Ishmael who God had ordered Abraham to sacrifice. The stay will mean that young bulls will be available for Bakri Eid that this year falls on January 1, 2007. A bill to ban the slaughter of all calves, bulls and bullocks is pending in Maharashtra.

Hajj Begins Thursday

Newswire.co.nz today reports that over 1.5 million Muslims have already arrived in Saudi Arabia for the Hajj that begins on Thursday. The government's Supreme Hajj Committee coordinates the massive annual religious pilgrimage. The Health Ministry has over 9,600 medical personnel on hand to deal with medical issues, and has set up 21 field hospitals in Mecca and Medina. Ongoing news coverage of the 2006 Hajj is available from the Hajj Committee's website and from the website of the Saudi embassy in Washington.