Time Magazine Features Democrats' Embrace of Religion

The cover story of this week's Time Magazine is How The Democrats Got Religion. It reports:

The democrats' courtship of religious voters exploits a rare Republican predicament: disillusioned with Bush's stewardship and serial scandals, many religious conservatives see a field in which their preferred candidates can't win, and those who can win include, for now, a politically elastic Mormon; the twice-divorced, pro-choice, gay-friendly former New York City mayor; and a maverick who called conservative religious leaders "agents of intolerance" the last time he ran.

Along with the feature article, the issue carries a report on a poll of voters' views of leading candidates religiosity. The issue also carries a background piece titled The Origins of the God Gap.

Lay Leaders Added As Defendants In Episcopal Church Property Dispute

Both sides are raising the rhetoric in the property dispute between the Episcopal Diocese of Virginia and eleven breakaway parishes that have affiliated with African Anglican bishops. (See prior posting.) Virtue Online reported on Friday that the Diocese has amended its lawsuit to add as defendants a number of individuals who were elected as vestry members in each church after the spit off. Jim Oakes, speaking for all the break-away churches, said that suing lay members was an attempt "to terrorize us". He said that under Virginia law, voluntary leaders of non-profit organizations are immune from liability unless they engaged in willful misconduct or criminal negligence. He accused attorneys for the diocese and the Episcopal Church of following "a scorched earth policy".

Oregon Zoners Reject Church Site Despite Claim That A Vision Inspired Its Location

The Jackson County, Oregon Planning Commission decided earlier this week that the owners of Circle of Teran-- a spiritual retreat site-- have not shown that they are entitled to an exception from the county's prohibition on churches within three miles of an urban growth boundary. The owners, Scott and Sulara Young, want to use the house they have built as a church. According to yesterday's Southern Oregon Mail Tribune, Planning Commissioner Don Greene said that a church could be built elsewhere on the Youngs' 1700 acre property without running afoul of the zoning restriction. Invoking the Religious Land Use and Institutionalized Persons Act, however, Scott Young said that the he and his wife had a vision that led them to build the house where it is now located.

Recent Prisoner Free Exercise Cases

In Carter v. Howard, 2007 U.S. Dist. LEXIS 49628 (CD IL, July 10, 2007), an Illinois federal district court rejected a claim by a prisoner that his free exercise rights were violated when he was prevented from attending communal religious services while in disciplinary segregation.

In Greenlaw v. Hill, 2007 U.S. Dist. LEXIS 49443 (D OR, June 27, 2007), an Oregon federal district court rejected an inmate’s free exercise claim stemming from a one-year delay in providing him with pureed kosher food after his teeth were extracted due to gum disease.

In Chambers v. Arpaio, 2007 U.S. Dist. LEXIS 48804 (D AZ, July 5, 2007), an Arizona federal district court rejected a prisoner’s challenge to a jail’s policy of allowing only three detainees per week to attend religious services.

In Al-Barr v. Lewis, 2007 U.S. Dist. LEXIS 48269 (ED CA, July 3, 2007), a California federal magistrate judge recommended dismissal of most of the claims brought by a Nation of Islam prisoner who alleged that NOI inmates were denied access to the prison chapel for religious study groups, and that at various times they were excluded from Ramadan services and various Islamic events. Plaintiff alleged free exercise and equal protection violations. He was permitted to move ahead only with one of his equal protection claims.

In Blount v. Milgrum, 2007 U.S. Dist. LEXIS 48172 (WD VA, July 2, 2007), a Virginia federal court dismissed for failure to exhaust administrative remedies a prisoner’s claim that his religious rights were violated when, on one occasion, Prison authorities gave him a non-kosher "loaf meal" in retaliation for his filing a grievance.

In Lancaster v. Tilton, 2007 U.S. Dist. LEXIS 48403 (ND CA, June 21, 2007), a California federal district court held that San Quentin prison officials were ignoring provisions of a consent decree requiring group religious services and counseling on a regular schedule for certain death row inmates.

Defendant In Employment Discrimination Trial Ordered To Testify On Religious Beliefs

A judge in a New York City trial court has ordered Ted Doudak, president of Riva Jewelry Manufacturing in Long Island City, to testify about his religious beliefs in a trial in which an employee alleges that Doudak illegally fired him because he is gay. John Fairchild says that he was fired after he admitted to being gay and after Doudak found out that Fairchild's daughter was a lesbian. Doudak allegedly made numerous derogatory comments about gays and lesbians. Manhattan Supreme Court Justice Carol Edmead has ordered Doudak to testify whether he believes homosexuality is a "sin against God," if he believes gays and lesbians face eternal damnation and if he finds homosexuals "repulsive." Doudak's lawyer says that the order violates his client's First Amendment rights. Yesterday's Queens (NY) Times Ledger reports on the case.

UPDATE: The full opinion in Fairchild v. Riva Jewelry Manufacturing Inc., (Sup. Ct. NY County, June 28, 2007) is avaialable online.

Hate Crimes Bill May Come To Senate Vote; Clergy Take Opposing Sides

A bill to expand federal hate crimes prohibitions to cover crimes of violence motivated by the victim's sexual orientation, gender identity or disability, may come up for a vote in the U.S. Senate today or early next week. In order to move forward on the bill, the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act (S.1105) has been proposed as an amendment to the Department of Defense authorization bill by Senators Edward Kennedy and Gordon Smith. The House has already passed a version of the bill. Christian pro-family groups staged a rally at the Capitol on Wednesday opposing the bill. They argue that the bill threatens free speech of those opposed to homosexuality. Supporters of the bill strongly contest this claim, and in a full page ad in Roll Call on Wednesday, over 1300 clergy urged passage of the bill. Developments were reported yesterday by the Christian Post and by the Washington Blade.

Pakistan's Supreme Court Changes Method of Allocating Haj Quotas

The full bench of Pakistan's Supreme Court yesterday suspended the Haj quota allotments to private tour operators that had been made by the Ministry of Religious Affairs and set up an independent committee to reallocate quotas for the upcoming Haj based on merit. The new committee will be made up of two members of the Senate, the Secretary of Religious Affairs and a former judge of the Supreme Court. The Religious Affairs Ministry has been accused of favoritism in allocating quotas. Pakistan's Daily Times and International News both reported on the court's decision. Following the decision, the government announced that Haj applications will be taken through designated branches of five banks. Associated Press of Pakistan says that 159,588 pilgrims from Pakistan will go on the Haj this year; 79,500 will be sent under government auspices.

Hindu Cleric's Invocation In Senate Disrupted By Christian Protesters

Yesterday, for the first time in history, the U.S. Senate's session was opened with a Hindu prayer, offered by Hindu cleric Rajan Zed of Reno, Nevada. (See prior posting.) However, the invocation, which is usually routine, was interrupted by three Christian protesters in the public observation gallery. CNS News reports that the protesters began to pray loudly for forgiveness for betraying the Christian tradition when Rajan Zed, a Hindu chaplain from Nevada, began his invocation. Security guards quickly removed the protesters.

TPM Cafe reports that the protesters were members of the anti-abortion group Operation Save America. Its report also links to a video of the invocation and its disruption. In a press release after the event, Operation Save America said "The Senate was opened with a Hindu prayer placing the false god of Hinduism on a level playing field with the One True God, Jesus Christ. This would never have been allowed by our Founding Fathers."

Americans United for Separation of Church and State issued a press release deploring the intolerance of the religious right protesters. [Thanks for leads from Alliance Alert and Blog from the Capitol.]

Tajik Court Upholds Campus Ban On Islamic Head Scarves

In Tajikistan, a court has upheld the Education Ministry's ban on women wearing the Islamic head scarf on college campuses. Radio Free Europe yesterday said that this is the first legal challenge in Central Asia to bans on Islamic dress. While Tajikistan is predominately Muslim, President Emomali Rahmon's government has imposed other restrictions as well, including banning mosques from using loud speakers to call worshipers to prayer.

Complaint Dismissed Against Judge Who Questioned Defendant's Knowledge of Bible

Yesterday's Cincinnati Enquirer reports that the Ohio Supreme Court has dismissed a complaint that was filed against Hamilton County Municipal Court Judge John Burlew. (See prior posting.) In April, in a hearing to set bond for Eric Hine who was charged with receiving stolen property, Hine's attorney argued that Hine was employed and regularly attended church. To test the claim, Judge Burlew asked Hine to recite the 23rd Psalm. When Hine did so, the judge released him on his own recognizance. This led David Palmer of Folsom, California to file the complaint with the Ohio Supreme Court, alleging that it was improper to reduce Hine's bond because of his religious beliefs.

Romanian Court Dismisses Lawsuit Filed Against God

A court in Timisoara, Romania has dismissed a lawsuit filed by a prisoner against "God, who lives in the heavens and is represented in Romania by the Orthodox Church". Mircea Pavel, serving a 20 year sentence for murder, sued for fraud and betrayal of trust because his prayers were not answered. He argued that a contract he made with God was breached. Interfax yesterday said that the court dismissed the case because "God is not subject to law and does not have an address."

New Mexico Town Will Place 10 Commandments By City Hall

Yesterday's Santa Fe New Mexican reports that officials in Bloomfield, New Mexico are moving ahead with plans to erect a Ten Commandments monument outside City Hall, under a policy that allows monuments to feature local or national figures, or events and documents related to the development of law or government. City officials say the planned monument is historical and artistic. The monument's $6000 cost would come from private funds.

Wisconsin Supreme Court Rejects Statute of Limitations Argument In Fraud-Abuse Case

In what is described by commentators as a "surprise move" (Orange County Personal Injury Lawyer), yesterday the Wisconsin Supreme Court held that fraud claims against the Catholic Archdiocese of Milwaukee growing out of priest sexual abuse charges may still be able to be brought. In John Doe 1 v. Archdiocese of Milwaukee, (WI Sup. Ct., July 11, 2007), the court affirmed dismissal on statute of limitations grounds of claims that the church had been negligent in supervision of its priests. However it held that

the claims of fraud for intentional misrepresentation are independent claims based on the Archdiocese's alleged knowledge of the priests' prior sexual molestation of children and the Archdiocese's intent to deceive children and their families. We further conclude that the date of the accrual of the fraud claims is "when the plaintiffs discovered or, in the exercise of reasonable diligence, should have discovered" that the Archdiocese's alleged fraud was a cause of their injuries.

Two justices dissenting in part argued that the negligent supervision claims should not have been dismissed either.

LDS Church Loses Bid to Keep Finances Secret

The Oregonian reports today that Oregon's Supreme Court has rejected a motion by the Church of Jesus Christ of Latter Day Saints for emergency relief from a trial court's order that it disclose detailed information about LDS assets. The order came in a suit brought by a man who alleges that he was molested 20 years ago by a church-endorsed home teacher who was to provide educational and religious guidance. The Church argues that disclosing the financial information would infringe its free exercise rights. The Church has released no financial information since 1959.

Muslim Head Scarves Remain Controversial In U.S.

The wearing of a traditional head scarf by Muslim women remains surprisingly controversial in the United States. The Associated Press reports that representatives of the Council on American-Islamic Relations met with Valdosta, Georgia municipal court officials yesterday to discuss a change in the policy that prohibits wearing of head coverings into courtrooms. (See prior posting.) No definitive resolution of the issue was worked out, but the parties agreed to continue talking and hope to make further progress on the issue.

Meanwhile, yesterday's Sacramento (CA) Bee reports that a Muslim woman has filed a discrimination suit in Solano, California Superior Court against Whitehall Jewelry stores. Shereen Attia had previously worked part-time for the stores. Her former supervisor asked her to return to work, but when he discovered that she had begun to wear a head scarf for religious reasons, he refused to hire her. Whitehall already employed one woman who wore a head scarf. Attia's suit alleges that the stores' district manager vetoed her hiring, saying "Oh no, not another one."

Cobb County, GA Wins On Most of Its Prayer Practices

The Associated Press reports that a Georgia federal district judge has upheld the way in which the Cobb County, Georgia, Board of Commissioners chose clergy to deliver invocations at Board meetings. It invited clergy from a diverse set of religious organizations. However the court found that the Cobb County Planning Commission violated the Establishment Clause in 2003 and 2004 when, in choosing clergy to deliver opening prayers, a deputy clerk excluded Jewish, Muslim, Jehovah’s Witnesses and Mormon clergy. Since those exclusions were halted before the lawsuit was filed, the court refused to issue an injunction and merely awarded nominal damages of $1. The court refused to ban clergy delivering invocations from using sectarian prayers, so long as a wide variety of clergy were invited.

UPDATE: The full opinion is now available on Lexis: BATS v. Cobb County Georgia, 2007 U..S. Dist. LEXIS 50196 (ND GA, July 6, 2007).

Jews For Jesus Challenges Leafleting Restrictions

In the second round of its challenges to the Town of Oyster Bay, New York (see prior posting), Jews for Jesus has filed suit in federal court challenging the town's ordinance that prohibited the distribution of literature in public parks. Yesterday's New York Law Journal reports, however, that shortly after the suit was filed, the town changed its rules so that printed material can now be distributed if a group first obtains a permit from Town officials. Leaflets can be distributed only from a table at a fixed location, and no more than four leafleters may be present. Susan Pearlman, associate executive director of Jews for Jesus, said that the group would still move ahead with its lawsuit. [Thanks to Steven H. Sholk for the lead.]

Recent Articles On Church-State Issues

From SSRN:
Leslie C. Griffin, Conscience and Emergency Contraception, Houston Journal of Health Law and Policy, Vol. 6, No. 299, 2006.

From Asian Journal of Comparative Law, (Vol. 2, Issue 1, 2007):
Andrew Harding, Buddhism, Human Rights and Constitutional Reform in Thailand.

Mohamed Azam Mohamed Adil, Law of Apostasy and Freedom of Religion in Malaysia.

From SmartCILP:
Dana E. Blackman, Refusal to Dispense Emergency Contraception in Washington State: An Act of Conscience or Unlawful Sex Discrimination?, 14 Michigan Journal of Gender & Law 59-97 (2007).

Kristin B. Gerdy, The Irresistible Force Meets the Immovable Object: When Antidiscrimination Standards and Religious Belief Collide in ABA-Accredited Law Schools, 85 Oregon Law Review 943-991 (2006).

Michele Estrin Gilman, Fighting Poverty With Faith: Reflections on Ten Years of Charitable Choice, 10 Journal of Gender Race & Justice 395-438 (2007).

Symposium: The Jurisprudential Legacy of John Paul II. 45 Journal of Catholic Legal Studies 221-669 (2006).

Dean Sanderford, The Sixth Amendment, Rules 606(b), and the Intrusion into Jury Deliberations of Religious Principles of Decision, 74 Tennessee Law Review 167-197 (2007).

Church Gets TRO Against Bidet Ad On Billboards At Its Building

On Monday, according to the Associated Press, a New York state trial court issued a temporary restraining order prohibiting a billboard ad company from placing a planned ad for a bidet company on two Times Square billboards. Rev. Neil Rhodes, pastor of the interdenominational Times Square Church , filed the lawsuit objecting to the bare buttocks with smiley faces that were to be in the ads that were scheduled to go up on billboards on two sides of the building that houses Rev. Rhodes' church. He said that the ads would interfere with the church's religious activities, which include a Bible school and day care center. The judge, who said that the motion poses novel and significant issues, required the church to post a $90,000 bond to cover damages and costs for the defendant if the church ultimately lost its lawsuit.

Kentucky County Will Issue Revenue Bonds To Finance Church Addition

Boone County, Kentucky's Fiscal Court has agreed to issue up to $2.8 million in industrial revenue bonds to finance a 5,000 square foot addition to the Vineyard Christian Church in Burlington, Kentucky. The addition will be used for Sunday school classes as well as for community groups such as Alcoholics Anonymous. The Kentucky Post reports that yesterday's decision by the County was defended by County Judge-Executive Gary Moore who said that the issuance of the bonds does not breach the required separation of church and state. He cited both federal court decisions and a 1993 Kentucky Attorney General's opinion.