Cert. Denied In "Jesus Poster" Case

The U.S. Supreme Court today denied certiorari in Baldwinsville Central School District v. Peck (05-899). The Second Circuit Court of Appeals had rejected an Establishment Clause challenge, agreeing with the school district that there was no evidence that teachers or administrators had acted with the intent to inhibit religion when they folded a kindergarten student's environmental poster in half to hide a robed figure representing Jesus before displaying the poster at a school assembly. The Court of Appeals, however, did conclude that the case should be remanded for trial to determine whether the school district engaged in unconstitutional viewpoint discrimination that violated the student's speech rights. (See prior posting.) The Associated Press reports on the denial of cert.

Norway Opens Hearings On Church-State Separation Proposal

Norway today opened hearings on a proposal to amend the country's constitution to provide for separation of church and state, according to Mainichi Daily News. A State-Church Panel recommended the move after three years of study. (See prior posting.) The government has asked 2,500 people and groups, including every congregation and city in Norway, to comment on the Panel's proposal by Dec. 1. For 469 years, the Church of Norway has been the established church in the country. With its Lutheran ideology, the Church of Norway is funded by the government that also hires its clergy. About 86% of Norway's population are formally members of the Church. However, since registration at birth is automatic, a far smaller number are actually active members.

Homeowners Association Settles Suit On Religious Group's Use of Community Room

Recently there has been increased concern about rules of private homeowners associations, coop boards and tenants associations that bar residents from using common space for religious meetings, worship or for religious symbols. (See prior postings 1, 2.) The latest example is a settlement announced April 19 by the Arizona Attorney General's office. A lawsuit was filed against the Sunland East Homeowners Association in Mesa upon the complaint of a group of residents who belong to the Church of Jesus Christ of Latter Day Saints. The Homeowners' Association first attempted to charge a fee, and then barred use of the community room by religious groups. The Arizona Attorney General sued alleging that this was religious discrimination that violated the state's Fair Housing Act. The court has approved a settlement that will lead to a revision of the room-use rules and training of employees and residents to acquaint them with the state's fair housing requirements. The East Valley Tribune on Friday reported on the settlement.

Vatican-China Move Toward Normalizing Relations

Yesterday's Washington Post reported that China and the Vatican are close to normalizing their relations. The Vatican has signaled that it is willing to break diplomatic ties with Taiwan and set up diplomatic relations with Beijing as part of an overall agreement that would protect the Church's role in China. The other major dispute between the Church and China is over who has the power to appoint Catholic bishops. This is also moving toward resolution, as the Chinese government has begun to select bishops it knows have already been chosen by the Vatican. However, Chinese leaders are still concerned that the Vatican might encourage activity in opposition to government policies among Catholics in China.

South African Court Hears Discrimination Claim By Hindu School Girl

The Cape Times today reports on a court hearing in Pietermaritzburg, South Africa last Friday, appealing the decision handed down last year by the Durban Equality Court. The magistrate below had rejected a discrimination claim by Sunali Pillay, a 16-year old high school girl who has been barred from wearing a gold nose stud. Pillay claims that the stud is a cultural and religious practice that has been adopted by South Indian Hindu women. The school says it is merely a fashion item.

French Far Right Presidential Candidate Opposes "Islamization" of France

In France, right-wing politician Philippe de Villiers, head of the anti-immigrant Mouvement Pour La France party, began his 2007 presidential campaign on Sunday by denouncing the Islamisation of the country and contending that Islam is incompatible with France's secular values. He called for the government to stop all mosque construction, according to a Reuters report yesterday. He also proposed a citizen's charter that would require strict separation of religion and state, freedom to change religions, and respect for the equality of men and women.

More Religion In Ohio Political Ads

In Ohio, candidates in the upcoming May 2 primary continue to affirm their religious credentials to fundamentalist Christians. (See prior posting.) In the latest example, reported by the Associated Press on Thursday, State Auditor Betty Montgomery, who is a Republican candidate for state Attorney General, has taken out an ad in a newspaper distributed by Fairfield Christian Church, the congregation of Ohio Restoration Project leader Rev. Russell Johnson. The ad features Montgomery standing on the Seal of Ohio outside the State House. She is in front of the state motto, "With God all Things Are Possible". The motto is inscribed in the bronze flatwork outside the State House. The ad’s tagline: "Betty Montgomery has fought all the way to the top to protect our values." In today’s Toledo Blade, columnist Russ Lemon reports that Montgomery is also incorporating the state motto into her latest radio ads.

By the way, the state motto, taken from the New Testament (Matthew 19:26), was upheld against an Establishment Clause attack in an en banc U.S. Sixth Circuit Court of Appeals decision in 2001. The source of the motto does not appear in the version outside the State House. This link will take you to a photo of the motto as it appears on the State House plaza.

Native American Prisoners In New Hampshire Seek Sweat Lodge Use

Yesterday’s New Hampshire Union-Leader carried an article about the ongoing efforts by Native American prisoners in New Hampshire to obtain the use of Sweat Lodges for religious ceremonies and the negotiations with state correctional officials over the rules that will apply.

Background On A.D. vs. C.E. Labeling For Historical Dates

I recently posted a story on the debate over the Kentucky Board of Education’s decision to begin using C.E. and B.C.E. along with B.C. and A.D. in teaching historical dates. Here is some additional background. (Sources include Wikipedia, and April 2005 Washington Times.)

The practice of referring to years in relation to the date of the birth of Jesus was originated by a Scythian Monk, Dionysius Exiguus, in Rome in 525. It came into common use in the 8th century. Historians now agree the Exiguus was a few years off in setting the year of Jesus’ birth. Jesus appears to have in fact been born between 4 and 8 B.C. (B.C.E.) Pope Gregory continued using the B.C./A.D. designations when he created the Gregorian calendar in 1582. The notations have always been a low level source of irritation to non-Christians, reminding them that Western civilization defines itself in Christian terms. Particularly the use of A.D. ("in the year of our Lord"), not just "after Christ", seems to require the user to proclaim a religious acceptance of Christianity. Jewish scholars for over a century have used. C.E. (common era) and B.C.E. (before the common era) in their work.

The leaders of the French Revolution attempted to introduce a dating system that counted years from the beginning of the "Republican Era", i.e. the day the First French Republic was proclaimed. In the United States, dating of official documents from the date of the Declaration of Independence, along with the use of A.D., was a practice that was sometimes used. The Constitution of the United States concludes with the following:

Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth.

It was only in the 1990's that a movement began to use C.E. and B.C.E. more generally. The United States Supreme Court recognizes the problem that the notation poses for some attorneys. Its instruction form for applicants for admission to the Supreme Court bar tells attorneys how to request a certificate of admission reflecting the date of the lawyer’s admission without the accompanying phrase "in the year of our Lord".

In 2000, the Southern Baptist Convention adopted the following Resolution opposing the secularization of dates, and at the same time reflecting why use of the traditional system is problematic for non-Christians:

WHEREAS, Historically, our (Gregorian) calendar marked the centrality of the incarnation of the Lord Jesus by the designation B.C. (before Christ) and A.D. (anno Domini…); and WHEREAS, Some recent publishing practices alter this designation in favor of B.C.E. … and C.E….; and WHEREAS, This practice is the result of the secularization, anti-supernaturalism, religious pluralism, and political correctness pervasive in our society. WHEREAS, The traditional method of dating is a reminder of the preeminence of Christ and His gospel in world history; and WHEREAS, This retention is a reminder to those in this secular age of the importance of Christ’s life and mission and emphasizes to all that history is ultimately His Story.

Therefore, be it RESOLVED, That the messengers to the Southern Baptist Convention…, encourage Southern Baptist individuals, churches, entities, and institutions to retain the traditional method of dating and avoid this revisionism.

Utah To Have Faith-Based Initiative Office

Utah’s Gov. Jon Huntsman Jr. has just agreed that his state will become the 25th to set up an Office of Faith-Based and Community Initiatives, according to yesterday’s Salt Lake Tribune. The office will help Utah’s religious and secular charities access federal funding. The predominance of the Mormon Church (LDS) in Utah led previous governors to refrain from setting up such an office out of concern about church-state separation. The LDS Church has traditionally not gone after public funds because it dislikes the conditions attached to government grants. It is unclear how many non-Mormon religious charities there are in Utah that would want to access faith-based funding.

Federal V.A. Charged With Providing Unconstitutional Spiritual Treatment

An interesting suit was filed on Wednesday against the U.S. Department of Veterans Affairs by the Freedom From Religion Foundation (FFRF) challenging the integration of religion by the VA chaplains corps into the medical services provided by the Veterans Health Administration. (News Release.) The suit, filed in federal district court in Wisconsin, claims that "As part of the evaluation of each patient's health care needs, the VA requires that a spiritual and pastoral care screening assessment be provided to each patient as part of the interdisciplinary admissions process; VA chaplains then are to determine the 'need' for any pastoral care interventions deemed necessary if 'spiritual injury or sickness' is assessed by the chaplain." The chaplain’s assessment becomes part of the patient’s medical chart.

The complaint was accompanied by sample "spiritual inventories" (1, 2) used by VA chaplains. The complaint (full text) alleges that the funding of these kinds of chaplaincy services, which go far beyond merely accommodating the religious free exercise rights of hospitalized veterans and their families, violates the Establishment Clause. The Madison, Wisconsin Capital Times quotes Annie Laurie Gaylor, co-president of FFRF, who said that this was an invasion of patients’ privacy by the VA that justifies its practices as "holistic" medical treatment.

UNESCO Moves On Preventing Future Insults To Religions

On April 3, the Executive Board of UNESCO adopted an Agenda Item proposing that UNESCO’s Director General take steps to adopt "a binding international legal instrument to ensure respect for prophets, beliefs, sacred values, religious symbols and places of worship." CNS News reports that this is part of a continuing effort by the Organization of the Islamic Conference undertaken in the wake of the controversial publication earlier this year of caricatures of the Prophet Muhammad. OIC’s secretariat, based in Saudi Arabia, is pressing both the United Nations and the European Union to counteract what OIC calls "wanton provocation and reckless, blasphemous libertarianism cowering behind so-called freedom of the press."

New Publications On First Amendment Religion Topics

From SSRN:

• Paul Horwitz, Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion In Judicial Nominations.
• Steven R. Obert, Public Prayer In the Navy, forthcoming in Naval Law Review.

From Bepress:

• Asma T. Uddin, Evolution Toward Neutrality: Evolution Disclaimers, Establishment Jurisprudence Confusions, and a Proposal of Untainted Fruits of a Poisonous Tree (April 2006).

From SmartCILP:

• Colin McRoberts & Timothy Sandefur, Piercing the Veil of Intelligent Design: Why Courts Should Beware Creationism's Secular Disguise., 15 Kansas Journal of Law & Public Policy 15-56 (2005). (Blog entry about article.)

Howard Dean's Controversial Statement On Churches and Politics

A statement on religion and politics to the Christian Science Monitor in an interview on Wednesday has created a good deal of controversy for Democratic National Committee Chairman Howard Dean. He said, "The religious community has to decide whether they want to be tax exempt or involved in politics." Joseph Cella, president of Fidelis, a Catholic advocacy organization, said, "Howard Dean's statement makes it clear that he wants to muzzle America's churches and religious groups from professing what they believe on important issues facing our society." CNS News on Friday, reporting on the controversy, also reviewed a number of supportive statements that Dean has made since 2004 in speeches to religious groups and in other attempts to reach out to people of faith.

Malaysia's High Court To Hear Case On Jurisdiction Over Converts

Malaysia’s highest court, the Federal Court, announced on April 13 that it would hear a sensitive religious freedom case posing the question of whether a Sharia court must approve a Muslim’s conversion to Christianity, according to Friday’s Christian Post. Azlina Jailani converted to Christianity in 1998. The National Registration Department agreed to change her name on her identity card to her new Christian name, Lina Joy. However, it said it could not change her designated religion without permission from a Sharia court that has jurisdiction in civil and family matters over Muslims. This is preventing Ms. Joy from marrying a non-Muslim since the civil registry only marries those who are officially non-Muslim. Joy’s attorney argues that Malaysia’s Constitution does not require Islamic court approval to convert out of the Muslim faith.

Three Recent Prisoner Free Exercise Cases

In Larson v. Schuetzle, (N.Dak. Sup. Ct., April 19, 2006), the North Dakota Supreme Court upheld prison officials’ confiscation of religious magazines given to inmate Reuben Larson by other inmates, and officials’ order to Larson to remove from his cell wall a picture of an American flag that he had cut out of a newspaper. The court found that prison rules prohibiting possessing various types of contraband were valid and did not violate Larson’s constitutional rights. The case was covered by the Grand Forks Herald last Wednesday. Larson is serving a 28-year sentence for a 1992 shooting of a judge in his courtroom while he was hearing Larson’s child support case.

In Earl v. Gould, 2006 U.S. Dist. LEXIS 19861 (WD NC, April 11, 2006), a North Carolina federal district court rejected a number of claims by a Muslim prisoner brought under the First amendment and RLUIPA. For various reasons, the court rejected inmate Vincent Earl’s claims that he was denied the right to participate in Ramadan services, that he did not receive the specific version of the Quran that he requested, that Friday Jumah Prayer Services were held at the wrong time, and that the prison refused to recognize his name change. The court also rejected Earl’s complaint that Muslim inmates were required to file an "Inmate Request for Religious Assistance Fact Sheet”, while Christian prisoners were not, and that more Christian than Muslim services were held at the correctional facility. The court said that the Constitution permits allocation of religious resources based on the different numbers of prisoners in each religious group.

In Walls v. Schriro, 2006 U.S. Dist. LEXIS 19833 (D Ariz., April 13, 2006), an Arizona federal district court denied a preliminary injunction to an inmate of the Hare Krishna faith who claimed the lacto-vegetarian diet provided to him in prison did not meet his religious requirements because it include caffeinated beverages, garlic and onions, and was not prepared by a member of the Krishna sect. The court found it unlikely that inmate Rex Walls would succeed on the merits of his First Amendment or RLUIPA claims, given the high costs of the prison’s further tailoring diets to inmates’ religious needs.

Serbia's Parliament Passes New Religion Law

Yesterday, Serbia's National Assembly passed the country's controversial new religion law just before the Serbian Easter recess, according to Forum18. The vote was 120 for the law, 4 votes against and 5 abstentions, with the remainder of the 250 parliamentary deputies absent. The final text of the law has not yet been made publicly available. Unconfirmed reports are that the law requires new religious communities to obtain 8,000 signatures in order to be approved for registration.

Students Sue Over High School Speech Code

The Philadelphia Inquirer reports that on Wednesday three high school students, represented by the Alliance Defense Fund, filed a federal lawsuit against the Downingtown (Pennsylvania) Area School District, claiming that they were barred from displaying the words "Christian" and "Bible". The students, who wanted to call their school group the "Bible Club," were told it had to be called "the Prayer Club" instead. In addition, they allege that they were barred from expressing their views on the "sinful nature and harmful effects of homosexuality." District policy prohibits students from expressing opinions that seek "to establish the supremacy of a particular religious denomination, sect or point of view." The lawsuit alleges that the Downingtown East High School students want to express their belief "that there is a superior religious point of view to other competing views that would, for example, affirm a homosexual lifestyle." The high school's speech code is similar to others that ADF has challenged on the college level.

Georgia Church Challenges Denial of Zoning Variance In Suit Filed By ACLU

The ACLU of Georgia announced Wednesday that its cooperating attorneys, King & Spalding, have filed a federal lawsuit on behalf of the Tabernacle Community Baptist Church which was denied a zoning variance to permit it to establish a house of worship in East Point, Georgia. An East Point zoning ordinance prohibits churches from occupying buildings that were originally used for commercial purposes, even though a similar non-religious commercial enterprise could purchase the building. The complaint (full text) claims that the denial violates the the church's freedom of religion, speech, association and assembly protected by the U.S. and Georgia constitutions , denies the church equal protection of the laws and due process of law, and violates the federal Religious Land Use and Institutionalized Persons Act.

Hamas Authorities In West Bank Town Press YMCA To Close

WorldNetDaily today reports that in Qalqiliya, a town in the West Bank under control of the Palestinian Authority, the YMCA has been warned by Hamas to close its offices or face possible Muslim violence. The action follows coordinated sermons against the YMCA in local mosques last Friday. Muslim organizations and mosques in the city, along with municipal leaders, sent a letter to the PA interior minister accusing the YMCA of missionary activities and demanding the Palestinian government immediately shut them down. The letter said "Qalqiliya doesn't need such offices, especially since there are not many Christians in our city." It continued, "The act of these institutions of the YMCA, including attempting to convert Muslims in our city, will bring violence and tension." The YMCA denies engaging in missionary activities, saying its work in Qalqiliya is limited to athletic activities, general educational programs and financial aid.