MO Court Allows Workers Comp Despite Religious Refusal of Blood Transfusion

In Wilcut v. Innovative Warehousing, (MO Ct. App., June 19, 2007), a Missouri appellate court reversed a decision by the state's Labor and Industrial Relations commission that had denied death benefits under the Workers Compensation Law to a Jehovah's Witness who had died as the result of refusing a blood transfusion. Floyd Wilcut was a truck driver who had been seriously injured in an accident. His life could have been saved if he had not refused the transfusion on religious grounds. His employer, after initially beginning to pay benefits, terminated them arguing that under the statute, no benefits were payable because Wilcut's death was the result of his "unreasonable refusal" to submit to medical treatment. The Court of Appeals disagreed, holding that Wilcut's "refusal was not unreasonable in light of his beliefs."

ACLU Demands Removal of Jesus' Picture From Lousiana Courthouse

The lobby of the Slidell, Lousiana City Court prominently features a picture of Jesus, with an inscription under it reading "To know peace, obey these laws". Today's New Orleans Times-Picayune reports that the ACLU of Louisiana has written court officials demanding that the picture be removed. The letter says that the picture violates the Establishment Clause, arguing that "The only possible purpose of the display in your courthouse is to convey a religious message." The ACLU says that it will file suit if the picture is not removed.

UPDATE: Slidell court officials say they need time to consult an independent constitutional expert on the legality of the Jesus portrait, and so will be unable to meet the one-week deadline for removing it set in the ACLU's letter. The Times-Picayune reports, however, that Joe Cook, state ACLU director, says a lawsuit will be filed if the deadline is not met.

UPDATE: Saturday's Times-Picayune shows a photo of the disputed portrait-- a 16th century Russian Orthodox icon showing Jesus holding a Bible with two quotations in Russian. They are from John 7:24 and Matthew 7:2 that call for judging fairly.

UPDATE: On Monday, the ACLU agreed to extend its deadline for filing suit in order to give Slidell City Judge Jim Lamz more time to study the issue. (June 26 Times-Picayune).

Evidentiary Issues Raised In Defamation Suit Against Pastor

The Monterey County (CA) Herald reported yesterday on interesting evidentiary issues that are being raised at a defamation trial brought by Rayn Random, a former parishioner, against Rev. William Martin, pastor of Monterey's St. John's Chapel Episcopal Church. Random says the pastor told other church members that she sexually pursued, stalked and harassed him. Judge Susan Dauphine has ruled that Random will not be permitted to introduce evidence of ecclesiastic decisions at trial. So she may not offer evidence about being denied communion during an Ash Wednesday church service and eventually being told she was no longer welcome at the church. Less clear is whether she will be able to tell jurors that subsequently church officials called police and had her removed from church premises for trespassing. The judge said that action was not ecclesiastic, but left open the problem of how it could be explained to jurors without telling them that Random's church membership had been revoked.

Plaintiff In Famous Religious Liberty Case Dies

Roy R. Torcaso, plaintiff in a landmark U.S. Supreme Court religious liberty case, died in suburban Washington, DC on June 9, according to today's Wahsington Post. In the 1961 decision in Torcaso v. Watkins, the Supreme Court invalidated Maryland's requirement (then found in its state constitution) that Torcaso declare a belief in God in order to become a notary public.

New British Group Will Defend Muslim Conversion

Tomorrow in Britain, a new organization will be launched-- the Council of ex-Muslims of Britain. Today's London Telegraph reports that the group plans to plans to speak out against Islamic states that still punish Muslim apostates with death, as called for by Islamic law. Countries still imposing the death penalty for conversion are Saudi Arabia, Yemen, Iran, Sudan and Afghanistan. The new group is sponsored by the British Humanist Association and the National Secular Society.

Russian Court Rejects Challenge To Religious Organizations Law

In Russia, the Minsk City Court has rejected a challenge to the Law on Freedom of Conscience and Religious Organizations that requires congregations to obtain permission to hold religious services at residential premises. Protestant pastor, Antony Bokun, who was fined for holding an unauthorized service, argued that the law was inconsistent with both Russia's constitution and international law. Charter'97 yesterday reported on the decision.

San Diego Episcopal Diocese Sues To Regain Property Of Three Parishes

In its continuing battle with breakaway congregations, the Episcopal Diocese of San Diego this week filed lawsuits against three parishes-- St. Anne's, Holy Trinity and St. John's-- to regain property of the churches. Episcopal News Service quotes diocese spokesman Canon Howard Smith, who said: "We have a fiduciary responsibility to care for all the assets of these congregations, including church records, historical documents and buildings." (See prior related posting.)

State's Use of Faith-Based Juvenile Detention Facility Challenged In Court

The Freedom From Religion Foundation announced yesterday that it has filed a federal lawsuit against the North Dakota Department of Corrections and Rehabilitation, as well as against a county social services department, claiming that their referral of children to the religiously-based Dakota Boys and Girls Ranch violates the Establishment Clause. Children are committed without their consent to the Ranch by county social service agencies or the North Dakota Department of Juvenile Services. The referring public agencies pay for the care of those they send to the Ranch, using taxpayer funds. The complaint in Freedom From Religion Foundation v. Bjergaard (full text) , filed on behalf of North Dakota taxpayers, says that the Lutheran-sponsored Ranch attempts to modify the behavior of children by directing them to find faith in Jesus Christ. It alleges that "Christian beliefs and standards are integrated into the fabric of treatment services provided by the Dakota Boys and Girls Ranch."

Battles Over Chreches On Public Property Begin Early This Year

The "Christmas wars" are beginning early this year. Yesterday's New York Sun reports that in Queens, New York, City Council member Tony Avella is asking the New York City Department of Education to change its policy so that nativity scenes can be displayed in schools. Avella is scheduled to disclose the exact language of his proposal on Sunday at City Hall. At that time he will hold a press conference along with representatives from the Catholic League for Religious and Civil Liberties and the Ladies Ancient Order of Hibernians. Current school policy permits only secular Christmas symbols, but permits menorahs for Hanukkah and the star and crescent for Ramadan.[CORRECTED] (See prior related posting.)

Meanwhile, according to today's Royal Oak (MI) Daily Tribune, residents of Berkley, Michigan, are seeking the return to property outside city hall of a nativity scene that was removed last year. Residents are circulating a petition to place an amendment to the city charter on the November ballot that would reverse the decision made last year to remove the creche from city property and display it on a rotating basis at local churches.

Brownback Apoligizes For Staffer's Anti-Mormon E-Mail

Republican presidential hopeful Sen. Sam Brownback has apologized to fellow-candidate Mitt Romney for an e-mail sent out by one of Brownback's staffers claiming that Mormons are not truly Christians. Yesterday's Salt Lake Tribune reports that Brownback's southeast field director in Iowa, Emma Nemecek, used her perosnal AOL account to send the e-mail to a dozen people. Brownback also plans to apologize to leaders of the LDS Church for the incident. Both Rudy Giuliani and John McCain apologized earlier this year when their staffers distributed or made anti-Mormon comments.

Detroit Area Church Sues Housing Commission For Discrimination

The New Life Family Church is suing the River Rouge, Michigan Housing Commission for religious discrimination after the Commission voted last week to stop renting the city's Hyacinth Court Community Center to the start-up congregation for it to use for Sunday worship services. Today's Detroit News reports that the Commission ignored the advice of its general counsel and decided that it did not want the Center used for religious worship. However, the church is not immediately without a place to congregate. A Wayne County Circuit Court issued a temporary restraining order on June 15, permitting the church to remain in the Center pending a hearing on a preliminary injunction set for June 28. Lawyers representing the church have also issued a press release on the case.

Indian Candidate Creates Controversy By Opposing Veils

Dawn reports today that Muslim leaders in India are calling on Prime Minister Manmohan Singh to drop his support of the moderate Hindu governor of Rajasthan, Pratibha Patil, for election to the largely ceremonial post of president. Patil angered Muslims when, last week end, she urged women to end the practice of wearing the veil. She said the practice of wearing it started in the 16th century when women were trying to save themselves from Mughal invaders. Many historians say the practice actually began earlier than that. The presidential election is in July, and nominations can be made until June 30.

Taking of Church Property By Eminent Domain Upheld

A Broward County, Florida Circuit judge has ruled that the county can use its eminent domain power to take property leased by a church for the county to use to build a drug treatment center. Yesterday's Miami Herald reports that the county decided on the land before the church leased the then-vacant property, but church signed its lease with an option to buy just before the county filed its eminent domain petition in court. The court concluded that the taking did not violate Florida's Religious Freedom Restoration Act, holding that the church's exercise of religion will not be substantially burdened by being forced to move.

Tomorrow Is National Day of Prayer For Native American Sites

Tomorrow, June 21, has been designated by the Morning Star Institute as the 2007 National Day of Prayer to Protect Native American Sacred Places. In Washington, DC, the day will be marked by an observance on the Capitol grounds. Indian Country Today reports that the annual event was begun five years ago as a way to seek Congressional legislation that would create a cause of action to protect Native American sacred places. Events marking the day will also be held at a number of locations around the country.

North "Dakota City Moves 10 Commandments Monument

Fargo, North Dakota city commissioners voted 3-2 on Monday night to remove a 10 Commandments monument from public property next to city hall and instead place it on private land. The Fargo Forum reports today that the move follows Council's unanimous rejection of an offer from the Red River Freethinkers to put up a monument near the Ten Commandments that would contain a quote from a 1796 US-Tripoli treaty: "The government of the United States of America is not in any sense founded on the Christian religion." Voting to move the 10 Commandments monument, Councilman Mike Williams said: "Religion is too important for politics, and that's why we need to make a change here."

UPDATE: Today's Fargo Forum reports that religious activists are circulating an initiative petition that would add a section to Fargo's City Code requiring the 10 Commandments monument to remain on public property where it has stood for many years. Meanwhile the city is accepting proposals from private parties who would like to have the monument placed on their land. It will decide on a location on July16.

Italian Prosecutors Investigating "Da Vinci Code" Film

In Italy earlier this year, a group of clergy filed a complaint against the film, The Da Vinci Code. The Washington Post reported yesterday that the state prosecutor's office now says it will open a criminal investigation into the film to determine whether it is "obscene" from a religious perspective. If the film, originally released over a year ago, is found to violate Art. 528 of Italy's Penal Code, defendants could face jail time and fines. However the defendants cannot be extradited from abroad to face these charges.

President Attends National Hispanic Prayer Breakfast

Last Friday, President George W. Bush spoke (full text of remarks) at the National Hispanic Prayer Breakfast in Washington. The President said that he appreciated "the opportunity to be with Hispanic American pastors and priests and community leaders and faith-based activists from all over the United States. " He thanked them for inviting him and for their "abiding faith in the power of prayer". Many of his remarks focused on immigration reform.

New Zealanders Oppose Queen's Title of "Defender of the Faith"

In New Zealand, a group that is pressing for a an elected head of state for the country to replace the British monarch's serving in that role, issued a press release on a survey published this week. The poll by Research New Zealand revealed that most New Zealanders are opposed to recognizing Christianity as the state religion in the country and are also opposed to one part of the Queen's title-- the phrase "defender of the faith". Under the Royal Titles Act 1974, her full title is: "Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith".

Cert. Denied In Libel Suit By Church Group Against Encyclopedia

Today the U.S. Supreme Court denied certiorari in The Local Church v. Harvest House Publishers (Case No. 06-1520) (June 18 Order List), a case on the scope of the "ecclesiastical abstention" doctrine and other First Amendment doctrines as they apply to defamation actions that arise in a religious context. In the case, a Texas state court of appeals, rejected a libel claim by a group of churches against a publisher and two authors who included "The Local Church" in The Encyclopedia of Cults and New Religions. (See prior posting). Extensive primary materials and commentary on the case are posted on Contending for the Faith website.

When Are Bilingual Charter Schools Too Religious For State Sponsorship?

Yesterday's South Florida Sun Sentinel reports on the controversy surrounding a new Hebrew/ English bilingual charter school that will open this fall in Hallandale, Florida. Some argue that the school's plan of operations at least comes close to violating principles of church-state separation. The school's principal will be a rabbi, and its curriculum will include Jewish history and culture. However, Susan Onori, the charter school coordinator for the Broward School Board, says that while the school will be in a Jewish Center, many of Broward's 48 charter schools are in churches and temples. The school will follow the same calendar as all public schools. Onori says that all religious symbols are to be covered during the day. Also, the school is already over-enrolled, so it must select students through a lottery, which will help create diversity. This controversy echos a controversy surrounding an Arabic/English charter school opening in New York this fall.