Can State Protect Children From Religious Approaches At County Fair?

Liberty Counsel last week pointed to a interesting change in policy that it convinced the Canyon County (Idaho) Fair & Festival Board to make. The Board had imposed restrictions on two religious organizations renting booths at the upcoming county fair. Contracts with the Child Evangelism Fellowship (CEF) and with the Gideons had originally restricted the groups from offering their materials to children unless the child's parent was also present. After a demand letter from Liberty Counsel arguing that these restrictions violated the religious groups' freedom of speech, the Board relented and provided new contracts without the restrictions. So now, as in past years, CEF will offer face painting and literature with a Christian message to children at the fair, to be held in July.

Group Issues Report On Religious Right's Influence In Texas

The Texas Freedom Network has recently published a report on The State of the Religious Right: 2007, God’s Lawgivers? Carrying the Water for the Religious Right in Texas Government. The organization's press release on the report describes it as:

the TFN Education Fund’s second annual report on the religious right’s powerful influence in Texas. Inside the report you will find:

• A comprehensive history of proposed state legislation relating to key parts of the religious right's agenda, including promoting private school vouchers, opposing responsible sex education, attacking stem cell research and censoring public school textbooks.

• A listing of Texas groups associated with the religious right, including data on each group’s finances, leadership and activities.

• An analysis of the 2006 Texas Republican Party platform

• A compilation of some choice quotes attributed to far-right leaders and elected officials in 2006.

Indonesian Christian Women Released Early From Prison

Ekkleisa reports that earlier this month, Indonesian authorities released from prison three Christian women who, in a much-publicized case, had been jailed for violating the country's Child Protection Code that bans converting children through tricks, lies or force. They had been convicted of operating a "Happy Sunday" program that attracted Muslim children, as well as Christians. The program included Christian songs, games and Bible studies. The women were released after serving two years of their three-year sentence. (See prior related posting.)

Danish Official OK's Muslim Practices For Judges, Attorneys

The president of the Danish Supreme Court, Torben Melchior, has ruled that there is no problem with female Muslim judges wearing headscarves in court. Nor is there any objection if they refuse to shake hands with men. Radiance Viewsweekly, reporting on an article in the June 5 Jyllands-Posten [Danish version], quotes Melchior as saying that the country needs more immigrants, including believing Muslim women, to become judges and barristers. "It would benefit integration and our legal system. Judges and lawyers must be recruited from the population as a whole, in order to assure that all backgrounds and points of view are represented," he said.

Performance Of IN Social Service Agency Chaplain Raises More Than Church-State Issues

As previously reported, last month a federal lawsuit was filed challenging the constitutionality under the Establishment Clause of the hiring of a chaplain by Indiana's Family and Social Service Administration. Now the Indianapolis Star reports that, separate from the lawsuit, there are substantial questions about the Rev. Michael Latham's performance as that chaplain. First there are questions about Latham's relatively high salary. Also, he does not appear, after 21 months, to have followed through on his main responsibility, which was to organize a network of volunteer clergy to counsel FSSA employees. Also Latham does not meet the qualifications required generally for state chaplains hired by Indiana prisons and hospitals. He graduated from high school unable to read, eventually learning to read from tutors in his church. He has never attended college or a seminary and has no training n counseling. However, Latham was active in the 2004 campaign of Indiana's now-governor, Mitch Daniels. Latham appeared in Daniels' campaign ads, and at a campaign news conference criticized the minority-hiring practices of then-Democratic Gov. Joe Kernan. Latham and FSSA Secretary Mitch Roob defend Latham's performance in his new position.

Queen Knights Rushdie; Iran Says This Shows Anti-Islamism

BBC News reported on Friday that Salman Rushdie, author of The Satanic Verses, has been knighted by Queen Elizabeth. His name appeared on the Honours List , which cited him for his services to literature. His book aroused great controversy in the Muslim world. He went into hiding in 1989 after after an Iranian fatwa, accompanied by a bounty on his head, put him under threat of death. In 1998, the Iranian government said it would no longer support the fatwa, and Rushdie emerged from hiding. However some Muslim groups consider the fatwa still in force. In a press conference today, according to the AP, Iran Foreign Ministry spokesman Mohammad Ali Hosseini criticized the Queen's move, saying: "Awarding a person who is among the most detested characters in the Islamic society is obvious proof of anti-Islamism by ranking British officials."

UPDATE: The AP reported on Monday that Pakistan's parliament passed a resolution demanding Britain withdraw the knighthood awarded to Rushdie, while in the Pakistani city of Multan, students burned the Queen and Rushdie in effigy, and chanted "Kill Him! Kill Him!"

Recent Scholarly Articles of Interest

From SSRN:
Carolyn M. Evans, Religious Freedom and Religious Hatred in Democratic Societies, (Univ. of Melbourne Legal Studies Research Paper No. 236).

Carl H. Esbeck, When Accommodations for Religion Violate the Establishment Clause: Regularizing the Supreme Court's Analysis, (West Virginia Law Review, Vol. 110, No. 1, Fall 2007).

From Bepress:
Paul E. McGreal, Social Capital in Constitutional Law: The Case of Private Norm Enforcement Through Prayer at Public Occasions, (May 2007).

From SmartCILP:
Ezekial Johnson & James Wright, Are Mormons Bankrupting Utah? Evidence from the Bankruptcy Courts, 40 Suffolk University Law Review 607-639 (2007).

Heba A. Raslan, Shari'a and the Protection of Intellectual Property--the Example of Egypt, 47 IDEA 497-559 (2007).

Symposium on Pope John Paul II and the Law. Foreword by Elizabeth R. Kirk; articles by Gerald J. Beyer, Renato Raffaele Cardinal Martino, Gregory R. Beabout, Mary Catherine Hodes, Michael Lower, Christopher Tollefsen and Most Rev. Nicholas DiMarzio. 21 Notre Dame Journal of Law, Ethics & Public Policy 1-214 (2007).

MD Court Says Organist Not Excluded By Title VII "Ministerial Exception"

In Archdiocese of Washington v. Moersen, 2007 Md. LEXIS 348, (MD Ct. App., June 14, 2007), a Maryland state appellate court, in a 2-1 decision, held that William Moerson, formerly an organist for St. Catherine Laboure Parish Catholic church, can pursue a Title VII employment discrimination claim against the church. The court held that his job position is not covered by the "ministerial exception" to Title VII. The majority wrote: "Moersen was not required to have any specialized knowledge of the Catholic faith…. [H]is lack of knowledge of many aspects of the Catholic faith did not prevent him from doing his job…. Moersen was not the 'voice' of the church. It was the Cantor that led the Parish and choir in song, and Moersen merely accompanied him. Not only did he not preach or inculcate values, he did not decide how the message was expressed. He was not … in a teaching role, in a position where his own beliefs affected his ability to perform his job."

Judge Harrell, dissenting, argued that "Moersen's position was of a ministerial nature…. A position entailing the performance of religious music, for a church during its religious services, to a religious end cannot possibly be perceived as anything but religious."

Judge Confirms Jury's Findings Against Florida Homeless Shelter

On Friday, a Palm Peach County, Florida Circuit Court judge refused to overturn a jury's verdict handed down in February finding that the county had a compelling interest in applying its zoning ordinances to a homeless shelter operated by Westgate Tabernacle. Westgate claimed that the county infringed its religious freedom by interfering its housing the homeless. The Palm Beach Post reports that Circuit Judge David Crow's opinion says: "there was substantial and competent evidence presented that the ordinances and codes in question do serve a compelling state interest in promoting health and safety".

Army Chaplain's Bible Study Guides Create Controversy

Jews on First this week has a long posting on a controversy over study guides used in Bible study classes for US soldiers conducted by the Protestant chaplain at the Ft. Leavenworth, Kansas Army Base. Some of the study materials, posted for a while on the Command Chaplain Bible Studies website, appear to disparage Judaism.

Religious Belief No Defense To Order To Restore Competency To Stand Trial

In United States v. Smith, 2007 U.S. Dist. LEXIS 42839 (D KS, June 12, 2007), a federal district court judge was able to reject, largely by way of language in a footnote, a pre-trial detainee's religious objections to being required to take anti-psychotic medications in order to restore his competency to stand trial. The detainee, Isaac Smith, claimed that one reason he did not want to take the medication was that God had healed him. In a footnote, the court said: "defendant does not suggest how a court order ... would prohibit his free exercise of religion. Further, the Court finds that the government's compelling interest in prosecuting this serious crime outweighs any First Amendment interest that may exist here."

Do Public Accommodation Laws Limit Ability To Carry Out Shunning?

Suits filed yesterday by the Arizona Attorney General against two restaurant owners raise the interesting question of how far members of religious groups can go in implementing a religious decision to excommunicate or "shun" a fellow member without violating civil rights laws. According to the Associated Press the lawsuits charge the restaurant owners, who are members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, with refusing to serve Isaac Wyler and Andrew Chatwin who were excommunicated in 2004 by then-FLDS leader Warren Jeffs. One of the suits claims that FLDS members are taught to shun Jeffs opponents. (AP) The restaurants are located in Colorado City, Arizona, one of the centers of the FLDS Church-- best known for its continued practice of polygamy. Commenting on the suit, a representative of the Arizona Attorney General's office said that refusing to serve Wyler and Chatwin because they are not FLDS member violates Arizona law: "The law in Arizona says that if you operate a place of public accommodation, you cannot refuse service based on religion." The suits seek damages and a court order prohibiting future discriminatory conduct.

Tennessee AG Says Grants To Churches Violate Establishment Clause

On Monday, Tennessee's legislature passed the state budget bill, HB 2353, containing provisions for Community Enhancement Grants that the Secretary of State may award to charities, non-profit organizations and governmental agencies. The grants can be used for public safety activities, educational initiatives, cultural activities, or community development activities. (Tennessean, Chattanooga.com). However, an opinion issued by the state's Attorney General at the request of a legislator effectively eliminated the possibility of awarding such grants to churches. Opinion No. 07-94 said that it would be a violation of the Establishment Clause to give such grants to churches, or pervasively sectarian youth groups affiliated with churches, without specific instructions on how the funds are to be spent. However, it said, any attempt to monitor restrictions on use of grant funds might create a risk that the state would become excessively entangled with the day-to-day operations of these religious organizations, also an Establishment Clause violation. [Thanks to Blog from the Capital and to Jack Shattuck for the leads.]

New Commission To Study Church-State Relations In Czech Republic

The Prague Post reports that on May 30, Czech Republic Culture Minister Václav Jehlička created a six-member Commission for Church-State Relations to develop a plan to compensate churches for confiscated property and to formalize the relationship between church and state. In 1948, officials in then-Communist Czechoslovakia took control of the Catholic church in the country. It confiscated Church property and began paying the salaries of priests. Today, when over half of the country's population claim to be atheists, taxpayers are still subsidizing the salaries of Catholic clergy. The Catholic Church also wants the new Commission to look into entering an agreement with the Vatican to spell out the role of the Church in the Czech Republic. All other European countries have such an agreement.

2nd Circuit Allows 9-11 Detainee to Proceed With Religious Discrimination Claims

Yesterday in Iqbal v. Hasty, (2d Cir., June 14, 2007), the U.S. 2nd Circuit Court of Appeals refused to dismiss a number of constitutional claims, including claims of religious discrimination and interference with religious practice, brought by a Pakistani Muslim who was detained after 9-11 in Brooklyn, New York's Metropolitan Detention Center. In the suit which is seeking damages for civil rights violations, the court refused to find that the facility's former warden had qualified immunity as to plaintiff's claim that he was not allowed to attend Friday prayers, that prison guards banged on his door when he tried to pray, and that his Koran was routinely confiscated. The court also refused to dismiss on qualified immunity grounds claims against Attorney General John Ashcroft, and FBI Director Robert Mueller that they targeted him for mistreatment and classified him as a detainee of high interest solely because of his race, ethnicity and religion. Yesterday's Washington Post discusses the decision.

Chinese Officials Demolish Buddhist Statue At Monestary

The International Campaign for Tibet reports that a 30 foot statue of the 8th century founder of Buddhism in Tibet-- Guru Rinpoche (Padmasambhava)-- donated by Chinese Buddhists to Tibet's Samye monastery, was demolished by Chinese People's Armed Police last month. A regulation adopted in China in 2005, and in the Tibet Autonomous Region this year, prohibits construction of "large-size outdoor religious statues" by individuals or organizations "other than religious bodies, monasteries, temples, mosques and churches." Even when erected by a religious body, both Tibetan and Chinese religious affairs officials would need to approve.

Justice Department Increasingly Focusing On Religious Rights Cases

This morning's New York Times carries a long front-page article on a shift in emphasis by the Bush Justice Department's Civil Rights Division. Cases challenging religious discrimination or seeking to vindicate religious rights are getting more attention, while hate crimes cases and cases involving dilution of voting rights of African Americans are being brought less often. Cases under the Victims of Trafficking and Violence Protection Act of 2000 against individuals bringing women into the U.S. to work in brothels have also been emphasized. The article reports that these cases are particular favorites of employees with religious backgrounds who see them as combating a form of slavery. The article reports that there has been an increase in staff hiring from religiously-affiliated law schools, and it charges that political appointees have steered annual merit bonuses to religiously-oriented employees. [Thanks to Steven H. Sholk for the lead.]

Appeal Filed in 10th Circuit Over Exclusion of Sectarian Schools From Aid Program

Yesterday, Colorado Christian University filed an appeal with the U.S. 10th Circuit Court of Appeals in its dispute with the Colorado Commission on Higher Education over the exclusion of pervasively sectarian schools from the state's tuition assistance program for college students. In Colorado Christian University v. Baker, a federal district court upheld the exclusion, finding that it furthered the ban in Colorado's state constitution on aid to any college or university controlled by any sectarian denomination. A press release by CCU announcing the appeal points out the Department of Justice filed an amicus brief in the district court supporting CCU's argument that its exclusion amounted to religious discrimination by the state.

Texas Governor Signs Student Religious Expression Law

KCBD News reports that on Monday, Texas Governor Rick Perry signed into law HB 3678, the Religious Viewpoint Anti-Discrimination Act. (See prior posting.) The new law sets out a model policy for schools to use in protecting religious speech by students and requires schools to establish a limited public forum for student speakers at school events. Under the Model Policy, this includes football games, opening announcements and graduation ceremonies. It also assures students the right to include religious expression in class assignments and to form extracurricular religious groups on an equal basis with those seeking to create non-religious organizations.

In signing the bill, Perry said: "Education is about open-mindedness and learning from one another's thoughts and philosophies. Therefore we cannot - and should not - shield or discourage our children from expressing religious views in school. Stifling discussion in order to appease a secular-only environment will prevent students from growing both academically and personally."

Arizona School Voucher Program Upheld

In Cain v. Horne, (AZ Super. Ct., June 13, 2007), a Maricopa County, Arizona Superior Court judge held that the state's school voucher program does not violate the Arizona constitution's ban on appropriating public funds for religious instruction or for private or sectarian schools. Yesterday's Arizona Star reports on the decision and reaction of the parties to it.