Debate Over Ellison's Right To Be Sworn-In On Quran

Minnesota Representative-elect Keith Ellison, the first Muslim member of Congress, made the seemingly unremarkable decision that he would take his oath of office in January on his religion's holy scriptures-- the Quran. However, as McClatchy Newspapers report, the decision has set off a fury of debate in the blogosphere. Dennis Prager a politically conservative Jewish talk-show host wrote a scathing article at Townhall.com arguing that Ellison should be required to take his oath on the Bible. He said: "Devotees of multiculturalism and political correctness who do not see how damaging to the fabric of American civilization it is to allow Ellison to choose his own book need only imagine a racist elected to Congress. Would they allow him to choose Hitler's "Mein Kampf," the Nazis' bible, for his oath?"

UCLA Constitutional Law Professor Eugene Volokh responded at National Review Online, saying that Prager "mistakes the purpose of the oath, and misunderstands the Constitution". He continued, "If Congress were indeed to take the view that 'If you are incapable of taking an oath on that book [the Bible], don't serve in Congress,' it would be imposing an unconstitutional religious test.... Letting Christians swear the oath of office, while allowing members of other denominations only to swear what ends up being a mockery of an oath -- a religious ceremony appealing to a religious belief system that they do not share -- would be [religious] discrimination."

UPDATE: McClatchy Newspapers report that in the official ceremony swearing-in House members, those taking the oath do not place their hands on anything. It says: "The House speaker administers the oath to members en masse on the floor of the House.... It's up to individual members if they want to hold religious texts.... After the official swearing-in, members often have photos taken at a staged swearing-in ceremony in the speaker's office or their own offices, where they can place their left hands on sacred texts or hold them and have their families or religious leaders present...."

Think Tank Recommends Conciliatory Tactics For British Christian Student Groups

In Britain, evangelical Christian student groups, known as Christian Unions, find themselves in disputes on a number of college campuses with Students' Unions, the bodies that determine whether a student group will have access to campus facilities and financial support. The Christian think tank Ekklesia has just issued a report titled "United We Stand? A Report on Current Conflicts Between Christian Unions and Students' Unions". The report recommends a strategy that is at odds with that taken by Christian student groups facing similar issues on U.S. campuses-- do not take confrontational legal action; instead try mediation. If that fails, consider operating with funding from religious groups or other sources. Christian student groups that wish to belong to Students' Unions should open themselves to democratic elections, but with safeguards to prevent infiltration by non-Christian groups. A Christian Union should use a broad statement of values for its members, instead of a narrow doctrinal one. Or else it should change its name to reflect its narrower focus. Yesterday's Guardian Unlimited summarized the report.

Texas Court Dismisses Dispute Among Members Over Church Assets

A Texas state court of appeals yesterday dismissed a petition by members of the House of Grace church in Fort Worth seeking a division of the church's assets among two competing factions. Smith v. North District Texas Council of the Assemblies of God and House of Grace, (TX Ct. App., Nov. 30, 2006), involved a dispute growing out of the intervention into church affairs by the church's District Council. The Council, the church's parent body, implemented a plan for the church to remain united, after a proposal to split into two churches failed to receive a two-thirds vote of church members. The court held that members' claim that the vote was not held in accordance with church bylaws was an ecclesiastical matter that civil courts are precluded from adjudicating under the First Amendment.

Jewish Groups Oppose Two Aspects Of Proposed Congressional Reform

This week's Forward reports that while Jewish groups support most of the ethics and lobbying reforms being considered by Democrats for enactment in the next Congress, two aspects of reform proposals are opposed by key Jewish organizations. The proposed ban on privately funded Congressional travel will interfere with educational trips to Israel by lawmakers and their aides, sponsored by groups such as the American Israel Education Foundation. The other area of concern is the proposed ban on earmarks in appropriation bills. The key national Jewish charitable group, United Jewish Communities, stands to lose millions of dollars it receives for its Naturally Occurring Retirement Communities project in 41 cities. Earmarks in the Older Americans Act reauthorization bill has funded the program that finances on-site social service programs that allow elderly residents to remain in their existing apartments and neighborhoods. A total ban on earmarks is unlikely; instead it is probable that reforms will require the name of every earmark sponsor to be disclosed.

Arkansas Faith-Based Pre-Release Program For Women Launched

Today Arkansas correctional officials will dedicate a faith-based pre-release program for women prisoners, according to the Associated Press. The program, InnerChange Freedom Initiative, will be operated by Prison Fellowship Ministries at the Wrightsville prison. A similar program for male prisoners is already operating in Arkansas. InnerChange in an Iowa prison has been found by a federal district court to be unconstitutional and the decision is currently on appeal to the 8th Circuit. (See prior posting.) Mark Earley, the program's CEO, says that unlike the Iowa program, the one in Arkansas is funded privately. The state pays only for housing and feeding the inmates. (See prior posting.)

4th Circuit Hears Arguments On Control Over Classroom Bulletin Boards

Yesterday the U.S. Fourth Circuit Court of Appeals heard arguments in Lee v. York County School Division, raising the question of whether a Virginia high school teacher's rights were violated when his principal removed Christian-themed material from the bulletin board in the teacher's classroom. (See prior posting.) The Hampton Roads Daily Press reports that the censored items included articles about President Bush's religious faith and former Attorney General John Ashcroft's prayer meetings with his staff, a flyer about the National Day of Prayer and a depiction of George Washington praying at Valley Forge. Robert McFarland, attorney for the school system, argued that the principal could remove the postings because they were curricular in nature. Gary Bryant, representing the teacher, argued that the postings were non-curricular and that the principal engaged in viewpoint discrimination in deciding which postings were "too religious".

School's Santa Breakfast Renamed "Winter Wonderland"

In Warwick, New York, the Sanfordville Elementary School PTA's "Breakfast With Santa" has been renamed "Winter Wonderland Breakfast" after a parent complained that it was geared toward only one religion. The Warwick Advertiser yesterday said that now Frosty the Snowman will appear along with Santa Claus. The parent complained that Santa represents Christmas , a Christian holiday, and by law a public school may not promote religion. She said that adding Hanukkah traditions would not eliminate the religious nature of the event. Lisa Roca, a member of the breakfast committee, argued however that Santa is a secular figure, not a religious one. Reporting on the developments, CNS News yesterday quoted Catholic League President Bill Donohue who called the events at the school an "exercise in tyranny" saying: "This has nothing to do with the law -- it has everything to do with bowing to the pressure of bigots."

UPDATE: Friday's Warwick Advertiser published a letter from the mother who initially complained about the Santa breakfast, setting out her views.

Privacy Claim Against Jews For Jesus Survives On Appeal In Florida

Yesterday a Florida state appellate court decided Rapp v. Jews for Jesus, Inc., (FL 4th Dist. Ct. App., Nov. 29, 2006). In the case, plaintiff Edith Rapp, a traditional Jew, claimed that Jews for Jesus (JFJ) falsely portrayed her in an online newsletter as a convert to the group's beliefs. The article was written by Rapp's stepson who is a member an employee of JFJ. The appellate court's decision rejected the trial court's holding that the the First Amendment barred it from deciding plaintiff's tort claims. According to the appeals court, the publication of false statements about a non-member of a religious group does not implicate a tenet of religious belief. Nevertheless, the court found that Rapp's complaint did not allege facts that would support either a defamation claim or a claim for intentional infliction of emotional distress. However, the court reversed the trial judge's dismissal of Rapp's "false light invasion of privacy" claim-- a tort that involves a major misrepresentation of a person’s character, history, activities or beliefs.

The court of appeals invited review by the state Supreme Court of whether Florida recognizes a claim for false light invasion of privacy, and, if it does, whether it would follow the Restatement (Second) of Torts in defining the elements of the claim. It did so by certifying this question as one of "great public importance", thereby giving discretionary jurisdiction for review to the Supreme Court pursuant to Fla. Rules Appellate Procedure , Rule 9.030.

The court of appeals also upheld the trial court's decision to strike numerous paragraphs in Rapp's complaint, describing the paragraphs as redundant and bellicose descriptions of Rapp's theological animosity toward JFJ. [Thanks to Brian D. Wassom for the lead.]

Islamic Scholars Say Female Circumcision Not Part Of Islamic Law

Last week, participants in an international conference of leading Islamic scholars held in Egypt agreed that female circumcision has never been mandated by Islamic law. South Africa's Mail & Guardian today reports on the conference that was funded by the German government and was publicized in Arabic under the title "Eliminating the Violation of Women's Bodies". Mohammed Sayyed Tantawi, the Grand Sheikh of Egypt's prestigious al-Azhar, the leading Sunni university, said that "circumcising girls is just a cultural tradition in some countries that has nothing to do with the teachings of Islam". The conference called on international organizations, educational institutions and the media to "explain the damage and the negative effect of this practice on societies".

San Diego Kept As Defendant In Latest Soledad Cross Case

A California federal judge has refused to dismiss the city of San Diego as a defendant in the latest lawsuit challenging the acquisition of the Mt. Soledad Cross by the federal government. Today's San Diego Union-Tribune reports that the city argued that since it no longer owns the cross, it should not be a party to the lawsuit-- this one a consolidation of suits brought by two veterans' groups. Judge Barry Ted Moskowitz, however, said that the city should remain in the case. If he rules in favor of plaintiffs, the city will be adversely affected. If it is not a party, it could not appeal his decision. Challenges over the 27-foot cross that marks a veterans' memorial have been in the courts since 1989. (See prior related posting.)

Morocco Sentences Christian Tourist To Jail For Conversion Efforts

A court in Morocco has sentenced a 64-year old tourist to six months in jail for attempting to covert Muslims to Christianity, according to a report today by Reuters. Moroccan law prohibits employing "incitements to shake the faith of a Muslim or to convert him to another religion". Sadek Noshi Yassa, a German of Egyptian descent, was charged with distributing books and CDs about Christianity to young Muslims in the streets of the southern resort town of Agadir where local media claimed Christians had launched a broad conversionary campaign.

Humanist Legal Center Sues Over Polling Place In Church

The American Humanist Association yesterday officially announced the creation of the Appignani Humanist Legal Center (AHLC), the first non-theistic legal center operating in Washington, D.C. At a press conference, AHLC said that it has filed a lawsuit to challenge the locating of polling places in churches without requiring them to remove or cover religious symbols in areas frequented by voters. The complaint (full text) in Rabinowitz v. Anderson, (SD FL, Nov. 29, 2006) alleges that Palm Beach County, Florida violated the Establishment Clause by choosing as a polling place a church building that had many religious symbols in plain view around the election judges and above the voting machines. The suit claims that the state has an obligation to ensure that polling places are in secular settings. (See prior related posting.)

Pakistani Christians Sentenced For Allegedly Burning Quran Pages

The Pakistan Christian Post this week reported that the Anti-Terrorism Court in the Pakistani city of Faisalabad has sentenced two Christian men to 10 years in prison on charges of blasphemy against the Quran. James Masih, 65, and his neighbor, Buta Masih, 70, were charged with burning pages of the Quran. Shortly after the rumored incident last October, a mob of 500 Muslims attempted to kill the two men. Christian families from the area fled after police arrested the two men and held off a crowd outside the police station through the night. The defendants' attorney, Khalil Tahir Sindhu, says that his clients are innocent. He plans an appeal. Blasphemy convictions by lower courts have often been reversed on appeal.

Michigan Buddhist Group Agrees To Fines For Zoning Infraction

Yesterday's Grand Rapids (MI) Press reports on an Olive Township, Michigan Buddhist group that reacted in a surprising way when it was cited for violating a township zoning ordinance. When charged with worshiping in a home in a residential area without first obtaining township approval for the gathering, seven men pled guilty and each paid a $50 fine. Wat Siriphanyo Aram-Lao Temple official Chris Liravongsa said, "We are a peaceful people. We know we violated the ordinance. We don't want to fight." The Temple has received a permit to build a new 4,000-square-foot building and parking lot, but it has not yet raised the funds needed for construction.

Spain To Debate Wearing Of Hijab In Public Institutions

The government of Spain earlier this week announced that it will launch a debate on the wearing of religious symbols, including hijab, in public institutions, according to yesterday's Islam Online. The Federation of Islamic Religious Entities (FEERI) said that it will engage in the debate "to prove that Muslims are keen to integrate into society". However, it said, "Muslims oppose any restrictions on religious freedoms and demand respect for symbols that reflect religious identities."

Reargument To Be Requested In New York Contraceptive Coverage Case

The New York State Catholic Conference and other groups will ask New York's Court of Appeals (its highest court) to permit reargument of the case it decided last month in which it upheld a requirement that faith-based social service organizations and religiously affiliated hospitals include contraceptive coverage for women in any prescription plan that they offer their employees. (See prior posting.) The Westchester Journal News today says the Catholic Conference is arguing that the state court misinterpreted the U.S. Supreme Court's 1990 decision in Employment Division v. Smith, and that the state court's decision may cause church-affiliated groups to completely drop insurance coverage to avoid the requirement in the Women's Health and Wellness Act.

South Carolina School Board Approves Opening Prayer

The Charleston County (SC) School Board voted 8-1 Monday to replace the moment of silence at the beginning of its meetings with a prayer. The Charleston Post and Courier yesterday reported that the change was spearheaded by new board member Arthur Ravenel Jr., a former congressman and state senator. Ravenel said the school board was probably the only political body in the county that did not begin meetings with a prayer, and remarked that "if any political entity needs help, it's the Charleston County School Board". However the new policy will now go to a committee to decide exactly what kinds of prayer will be permitted. The Post and Courier reports that some other South Carolina school boards open with the Lord's Prayer or with an invocation rotated among board members, each of whom can decide the content of his or her statement.

Pope Addresses Ankara Diplomatic Corps

On the first day of his visit to Turkey, Pope Benedict XVI delivered a wide-ranging address to the diplomatic corps accredited to represent their countries in Turkey. Zenit has published the full text of the Pope's remarks. Benedict renewed his call for a dialogue between religions and cultures. Promoting religious liberty, he said:

Turkey has always served as a bridge between East and West.... During the last century, she acquired the means to become a great modern State, notably by the choice of a secular regime, with a clear distinction between civil society and religion, each of which was to be autonomous in its proper domain while respecting the sphere of the other. The fact that the majority of the population of this country is Muslim is a significant element in the life of society, which the State cannot fail to take into account, yet the Turkish Constitution recognizes every citizen's right to freedom of worship and freedom of conscience. The civil authorities of every democratic country are duty bound to guarantee the effective freedom of all believers and to permit them to organize freely the life of their religious communities.

Florida County Permits New 10 Commandments Monument At Courthouse

Yesterday's Gainesville, Florida Sun reports that Dixie County, Florida commissioners have set up another potential high profile Ten Commandments challenge. Last January, after then-county attorney Joey Lander agreed to defend any lawsuits over the decision without charge, the County Commission approved a request by citizens to permit them to place a Ten Commandments monument at the county courthouse. The proponents agreed that the full cost of the monument would come from private funds. This weekend, the monument appeared on the courthouse steps-- a 6-ton, $12,000, block of black granite inscribed with the Commandments and with the verse "Love God and keep his commandments". Joey Lander says that even though he is no longer county attorney, his offer to defend the county still stands. [Thanks to How Appealing for the lead.]

British Airways Will Revise Dress Policy Under Government and Church Pressure

Over the weekend, it appears that British Airways gave in and agreed to re-examine its policy on employee uniforms that requires jewelry to be worn out of sight. A storm of criticism has been directed at the airline after it applied its policy to prevent check-in worker Nadia Eweida from openly wearing a small cross around her neck. (See prior posting.) British Airways Chairman Martin Broughton had attempted to get the support of Prime Minister Tony Blair, arguing that the police, the Army and other Government uniformed staff have an identical policy. However Blair urged Broughton to "do the sensible thing" and stop fighting the case. Blair told him, "One of the things I learnt in politics is that there are some battles really, really worth fighting, and there are battles really, really not worth fighting." (The Universe, Nov. 29).

The Daily Mail reported on Saturday that Cabinet members, members of Parliament, bishops of the Church of England, and the Archbishop of Cantebury all criticized the airline's stance. Some MP's had begun to boycott the airline's flights. The Archbishop of Cantebury even threatened to sell off the large block of stock in British Airways held by the Church of England's financial arm. Airline chief Willie Walsh finally agreed that BA will examine how its rules can be adapted "to allow symbols of faith to be worn openly".