High School Coach Sues Claiming Right To Pray With Team

In October, East Brunswick New Jersey High School football coach Marcus Borden resigned after being told he could no longer lead the team in prayer before football games. (See prior posting.) However, he has now changed his mind. A week after resigning, he rescinded his resignation and hired a lawyer. According to the Associated Press, on Nov. 21 he filed suit in state court claiming his constitutional rights are being violated. The Home News Tribune reported in detail on the complaint in the case which alleges interference with Borden's expression, association and privacy rights. Responding to the school's Establishment Clause concerns, Borden's lawyer, Ronald J. Riccio, said, "We think that no person, especially in the context of this case, could reasonably understand that if Coach Borden bowed his head and 'took a knee' that this would constitute government endorsing or coercing religion." A column in today's Woodbridge, NJ Sentinel summarizes Borden's position: "if players ... initiate a nonsectarian prayer before a game and [Borden] bows his head, or takes a knee to pray with them, he is not forcing religion on anyone, he is only freely exercising his own constitutionally protected right to pray and speak to his own god. "

Group Praises Churches For Katrina Aid; Opposes Faith-Based Initiatives

According to 2theadvocate, the Interfaith Alliance, a Washington-based religious group, issued its report "Day 56" on Tuesday, criticizing the federal government's response to Hurricane Katrina. At the same time, the Report praised churches that provided food, clothing, shelter and transportation, focusing on Shiloh Missionary Baptist Church in Baton Rouge. The Report said, "Because many government leaders reacted so poorly, the religious community -- among many other community groups -- has been left holding an empty bag with no relief in sight." It called for tax incentives for charitable giving, a commitment to public education and improvement to welfare. However, the report also emphasized the Alliance's objection to government faith-based initiatives, saying "Religion should not be dictated from The White House or legislated from the halls of Congress. This is not where religion works."

Critics of 10 Commandments Display Testify In Michigan

MLive in Lansing, Michigan, reports that the state's 12-member Capitol Committee yesterday heard testimony from critics of a proposal to initiate display of the Ten Commandments at the capitol building. (See prior posting.) Wayne State University law professor Robert Sedler told the committee, made up of state lawmakers and representatives of the Governor, "In the American constitutional system, the place for God is in the home, the church, the synagogue, the mosque and the temple. By keeping God out of the public square and putting God into our homes and our religious institutions, the Constitution protects the religious freedom of all of us." The Committee is moving toward requesting a legal opinion on the matter from Michigan Attorney General Mike Cox.

Moussaoui Voir Dire May Include Questions On Jurors' Religion

A Virginia federal district court is expected to begin jury selection in February for a trial that will decide whether Zacarias Moussaoui, the only person charged in the U.S. in the 9-11 terrorist attacks, should receive the death penalty or life in prison. Yesterday, the Associated Press reported that prosecutors have submitted questions that they wish to have asked of potential jurors. Included are questions about a juror's religion, whether the potential juror attends a place of worship and what the individual knows about Islam.

South Carolina City Council Moves To Pre-Meeting Prayer

In Rock Hill, South Carolina, an opening prayer will no longer be listed on the official agenda of city council meetings. Today's Rock Hill Herald reports that instead, council members will pray on a voluntary basis before meetings are called to order. The change is an attempt to prevent lawsuits and comes a month after Councilman Jim Reno created a controversy by closing his official prayer using Jesus' name. A U.S. 4th Circuit Court of Appeals ruling last year barred the town of Great Falls, SC from mentioning Jesus in pre-meeting prayers.

Drug Store Suspends Objecting Pharmacists Because of Illinois Law

Illinois law requires pharmacies to fill all prescriptions on a timely basis. KSDK News reported yesterday that Walgreens has put four Illinois pharmacists on unpaid leave for refusing to fill prescriptions for Plan B, also known as the "morning after pill." The pharmacists say that filling the prescriptions violates their religious beliefs. Walgreens says that refusing to fill the prescriptions places the pharmacy's license at risk.

Sweden's Supreme Court Clears Pastor Who Gave Anti-Gay Sermon

According to PinkNews today, the Supreme Court of Sweden has invoked protections of speech and religion to uphold an appeals court verdict that anti-homosexual remarks in a sermon by Pastor Ake Green could not be prosecuted. The Pentecostal pastor was the first clergyman to be convicted under Sweden's hate crimes law which was amended in 2003 to include attacks against homosexuals.

UPDATE: Further background information, including a transcript of the offending sermon, can be found on this website devoted to the case.

Location Limit on Church's Parolee Facility Upheld

In Pastor Rick Barr v. City of Sinton, a Texas appellate court rejected a minister's state statutory and constitutional claims and upheld a city ordinance that prohibited locating a correctional or rehabilitation facility within 1000 feet of a residential area, school, park or place of worship. Two homes that provide housing for parolees and probationers are operated by Pastor Barr and his corporation, and are located across the street from their sponsoring church. The court rejected the claim that the statute violated plaintiff's free exercise of religion and free speech rights under Art. I, Sec. 6 and 8 of the Texas Constitution and the Texas Religious Freedom Act.

Alabama Bill Would Place "God Bless America" On Auto Tags

The Associated Press reported on Saturday that a bill has been pre-filed in the Alabama legislature by State Rep. Steve Hurst to require most auto license plates to include the phrase "God Bless America". Hurst says, "That will let all the people in America know that we are a Bible Belt state." Carol Moore, president of the Atheist Law Center, said her organization would oppose Hurst's bill. Today's Decatur, Alabama Daily editorializes against the bill, saying that Alabama "is doing badly in applying godly ethics" in areas of social welfare and taxation. It continues, "Those who look to Jesus for guidance might reflect on his preaching against hypocrisy and empty public displays of religion."

Pakistan Medical School Charged With Religious Discrimination

In Pakistan, a Christian student has filed suit in the Lahore High Court challenging the constitutionality of the admissions practices of King Edward Medical College. Today's Daily Times reports that the medical school offers additional points toward admission to Muslim students who have successfully memorized the Quran. The petitioner, Qandeel Sultan, argues that since she has merit certificates to prove her proficiency and knowledge of Christianity, she should also be given extra points toward admission. She argues that Article 25 of Pakistan's Constitution that provides "All citizens are equal before law and are entitled to equal protection of law", should be interpreted to require an equal education policy without discrimination on the basis of sex, religion, creed or caste. She has asked the court to prohibit the Admissions Board and Punjab government from commencing 2005-06 classes in medical colleges in Punjab until the final disposal of her petition.

December Church-State Guidance Offered Online To Public Officials

For government officials seeking guidance on the legal rules surrounding holiday displays and activities, at least two organizations have memos on their web sites offering their interpretations of the relevant precedents. Liberty Counsel's 7-page "Christmas Memo" covers publicly and privately sponsored religious holiday displays, religious holidays in public schools, and public school students in the context of religious holidays. The Anti-Defamation League has posted its "December Holiday Guidelines for Public Schools". Headlined "The December Dilemma", the web page discusses religion as an educational lesson, holiday assemblies and other public school activities, public school students performing religious music, and decorating public school classrooms and grounds with holiday symbols.

Idaho City's Homeless Shelter Lease Violates Establishment Clause

Last month's decision in Community House, Inc. v. City of Boise, 2005 U.S. Dist. LEXIS 29438 (D. Idaho, Oct. 28, 2005) has just become available. The Idaho federal district court issued a preliminary injunction prohibiting the city of Boise from continuing it arrangement with the Boise Rescue Mission (BRM) to lease and operate a homeless shelter if the BRM is requiring homeless residents of the shelter to attend religious services, or is requiring an explanation why the person cannot attend. The court held that even requiring an explanation for non-attendance "can easily amount to a subtle, and even not-so-subtle, form of coercion", which raises serious Establishment Clause issues.

Excerpts From High School Texts In California Litigation

A religious discrimination lawsuit against the University of California system brought by a group of Christian high schools is slated for trial on Dec. 12 in federal court in Los Angeles. The UC system has refused to recognize some high school courses using Christian-based texts as meeting minimum standards for applying students. (See prior posting.) Today's New York Times carries excerpts from textbooks used in the disputed courses. Here are three of them. The full article carries more:

On Thomas Jefferson, from United States History for Christian Schools, written by Timothy Keesee and Mark Sidwell (Bob Jones University, 2001): "American believers can appreciate Jefferson's rich contribution to the development of their nation, but they must beware of his view of Christ as a good teacher but not the incarnate son of God. As the Apostle John said, "Who is a liar but he that denieth that Jesus is the Christ? He is antichrist, that denieth the Father and the Son" (I John 2:22)".

On Mark Twain, from Elements of Literature for Christian Schools, by Ronald Horton, Donalynn Hess and Steven Skeggs (Bob Jones University, 2001): "Twain's outlook was both self-centered and ultimately hopeless. Denying that he was created in the image of God, Twain was able to rid himself of feeling any responsibility to his Creator. At the same time, however, he defiantly cut himself off from God's love. Twain's skepticism was clearly not the honest questioning of a seeker of truth but the deliberate defiance of a confessed rebel."

From Physics for Christian Schools, by R. Terrance Egolf and Linda Shumate (Bob Jones University, 2004): "You are about to embark on an adventure. The study of physics reveals the wonderful orderliness of God's creation - so orderly that it can be comprehended in terms of relatively simple principles (mathematical formulas). ... Physics is important because through it mankind learns how creation actually works. It satisfies our God-given curiosity about nature. Seeing that God does "great things and unsearchable; marvelous things without number" (Job 5:9), men have dedicated their lives to unraveling the rich mysteries of creation."

Boston "Holiday Tree" Provokes Objections

On Friday, Reuters reported on the furor in Boston when the city officially renamed a giant tree erected in a city park a "holiday tree" instead of a "Christmas tree." Evangelist Jerry Falwell complained that "there's been a concerted effort to steal Christmas". Boston Mayor Thomas Menino said he would keep calling the Nova Scotia spruce a "Christmas tree" regardless of what it said on the city's official Web site.

UPDATE: The Christian Post on Nov. 27 reports that after being threatened by Liberty Counsel with a law suit over changing the name of its tree, Boston Parks Commissioner Toni Pollak told the Boston Herald, "This is a Christmas tree. It's definitely a Christmas tree."

Mother Jones On Church-State

The December 2005 issue of Mother Jones magazine focuses on the interplay of conservative Christianity and the U.S. government. The issue, titled God and Country: Where the Christian Right Is Leading Us, has caused a stir among blogs of various political persuasions. Joseph Knippenberg at No Left Turns discusses it and promises more comment on his blog in the coming days. Talk To Action promises to host a national e-conference next week with Mother Jones on the issues raised by articles in the special issue.

Bankruptcy Disclosure Statement Filed By Archdiocese

The Federal Bankruptcy Code, 11 USC Sec. 1125, requires that in a bankruptcy reorganization, the debtor file a disclosure statement that is sent out to creditors who are asked to approve the reorganization plan. November 15 saw one of the most interesting ever disclosure statements filed. The Archdiocese of Portland filed its statement that, if approved by the court, will go out to creditors, including sex-abuse claimants. According to today's Catholic Sentinel, the disclosure statement says that the reorganization plan is designed to "fairly, justly, and equitably compensate valid Claimants . . . while allowing the archdiocese to continue its religious ministries, serve the spiritual needs of the faithful, and pursue its non-profit, charitable mission of service to those in need."

Currently the Archdiocese is arguing over which parish and school properties are available to creditors. (See related prior posting about Spokane case.) The disclosure statement says that if the archdiocese prevails, the compensation will be only about half as much as under last week's proposal-- shrinking from $40.5 million to $21.5 million. In the statement, the archdiocese said engaging the property dispute is in no one's best interest, since the case could take years.

The disclosure statement argues the Archdiocese side of the case: "All church property, whether held in the name of the archdiocese, the archbishop, a parish or a school, has been acquired with charitable donations made by parishioners, religious organizations, charitable foundations, and others. As such, the archdiocese asserts that much of the property titled in its name is held in trust, or is otherwise restricted, for the use of the benefit of the parishes, parishioners, parents, students and others who rely on the continued use of such property in order to practice their religion and educate their children, and that certain property is specifically designated for a particular purpose and can only be used for that purpose."

Missouri Stem Cell Initiative and Catholic Opposition

In Missouri, the Coalition for Lifesaving Cures headed by former U.S. Senator John Danfoth is promoting the Missouri Stem Cell Research and Cures Initiative. The group is circulating a petition to get an amendment to the state constitution on the ballot that would protect stem cell research in the state. Yesterday's St. Louis Post-Dispatch reported that on Sunday at all Catholic churches around St. Louis, parishioners will hear a homily telling them not to sign the petition. The bishops of the four diocese in the Catholic province of St. Louis have directed their parish priests to convey the church's position on embryonic stem cell research and its opposition to the petition initiative from their pulpits this week.

Islam and Freedom of Religion In Malaysia

A November 16 report from Foreign Policy In Focus, Islam, the State and Freedom of Religion In Malaysia, analyzes the success of Malaysia in promoting progressive Islam. It has successfully achieved economic growth while identifying itself with modern and liberal forms of religious expression. The government is promoting "Islam Hadhari", an approach that views Islam as evolving. The report analyzes the attacks on the present system and the issues of freedom of religion currently being faced by civil courts in Malaysia.

Faith-Based Prison Programs Grow In Popularity

Faith-based programs are becoming a more important part of the activities in jails and prisons around the country. Yesterday's newspapers carried reports on two of them. In Boulder, Colorado, more than 400 inmates at the Boulder County Jail regularly attend faith groups offered throughout the week. An Associated Press story reports that the programs serve nearly 1,000 inmates every year. 75 volunteers run more than 30 religious programs a month, serving not just Christians, but also Jews, Muslims and Buddhists.

The Tallahassee Democrat reports on the conversion of Florida's Wakulla Correctional Institution to a faith-based facility. The official designation means inmates must agree to attend religious or non-religious character-building classes and stay out of trouble. If they do not, they will be transferred to other less desirable prisons in the system. There are 3,000 inmates throughout the state on a waiting list for faith-based programs. The classes at Wakulla will be taught by volunteers in order to reduce the likelihood of church-state lawsuits. Wakulla, with its 1662 inmates, is the third prison in Florida to be designated faith-based and is the largest faith-based prison in the U.S.

Alliance Defense Fund Featured

The AP yesterday in an article carried by the Washington Post and other papers reviews the activities of the Alliance Defense Fund. The organization, headquartered in Scottsdale, Arizona, has grown since its founding in 1993 to more than 100 employees with branch offices in six states. It files an average of one lawsuit a week in cases involving Christianity and schools, gay marriage and other concerns of social conservatives. It claims it has won 75% of the suits it has filed.