Coast Guard Relents On Merchant Marine Photo Rule

In March, the New York Civil Liberties Union sued the Coast Guard over rules that required every Merchant Marine license applicant to submit a photograph that showed the applicant without a head covering, such as a Muslim kufi. (See prior posting.) Newsday (as well as an NYCLU Release) reported yesterday that just before a Monday conference in Hakim v. Chertoff with Judge Jed S. Rakoff, the Coast Guard issued NMC Guidance Document No. 2-06 directing its field offices to enforce the regulation to accommodate religious beliefs and medical needs. This will permit applicants to wear religiously-required head coverings, so long as the applicant can be identified in the photo. The NYCLU said it will not dismiss the case until it is certain that the rule change is permanent.

California Sentencing Judge's Reference To Religion OK'd

In People v. Scharf, 2006 Cal. App. Unpub. LEXIS 3372 (Cal. 3rd Dist. Ct. App., April 24, 2006), a California court of appeals rejected a defendant's claim that a trial judge's comments made during sentencing violated the Establishment Clause. Glyn Scharf was convicted of murdering his estranged wife, even though her body had not been found. After sentencing Scharf to prison, the judge appealed to Scharf's religious convictions in urging him to disclose the location of his wife's body. The court of appeals held that this did not constitute judicial misconduct: "The trial court's appeal to defendant's religious beliefs (present or former) did not express the court's favor of one religion over another, or religion over no religion. At most, the trial court suggested that the revelation of the location of Jan's body would inure to defendant's benefit within the belief system of the religion to which defendant himself had once adhered and might still adhere. Thus, even if the court's exhortation to defendant can be construed as a 'comment on religious questions,' defendant has failed to show that it is the sort of comment that contravened the principal of neutrality."

House Committee Defeats Duplicative Anti-Discrimination Amendment To Telecom Bill

Broadcasting & Cable reported that yesterday the House Commerce Committee found itself in the uncomfortable position of voting 29-23 against an amendment to a bill on video franchising that would prevent discrimination in service based religion (as well as race, sex, or national origin). Committee Chairman Joe Barton said that everyone on the committee opposed discrimination; however it is already prohibited by current law. If the amendment to the Communications Opportunity, Promotion, and Enhancement Act of 2006 had been adopted, the bill could have been referred to the Judiciary Committee, where its passage could be delayed.

Churches Moving To Retail and Commercial Space

In RLUIPA, Congress made it clear that public policy favors permitting churches to relocate to new sites. Yesterday's Pittsburgh Post-Gazette carries an interesting article on the problems that some communities and commercial firms anticipate from a growing trend by churches to relocate to strip shopping malls, big box store locations, and corporate campuses. Some churches see these locations as attractive because they are cheaper than building from scratch, and shoppers at nearby stores might be drawn to the church. However many communities are unhappy because churches, as nonprofits, will not pay property tax. Parishoners coming from elsewhere may create traffic problems and increase demand for city services. For nearby retailers, there are concerns about teens from the church roaming the stores, with church members taking up parking spaces, and with the fact that a church may draw less traffic to the retail location than would another store.

Florida House Votes Property Tax Exemption For Holy Land Experience

Yesterday, the Florida House of Representatives passed HB 7183 by a vote of 93-25. The bill will grant a property tax exemption to non-profit organizations for property they use for Biblical displays. It is aimed at resolving a battle between The Holy Land Experience theme park and the Orange County Property Appraiser, according to an Orlando Sentinel blog. The theme park has already succeeded in obtaining a trial court ruling that it is entitled to a property tax exemption under current law, but Orange County has appealed. A Senate version of the tax exemption bill (SB 2676) has not yet been scheduled for a floor vote.

Government and Human Rights Groups Urge Tadic To Reject Serbia's New Religion Law

Last week Religion Clause reported on the controversial new Church and Religious Communities bill passed hurriedly by Serbia's National Assembly. Now a number of governmental and non-governmental organizations are criticizing the bill and urging Serbian President Boris Tadic not to sign it into law. The OSCE and the Council of Europe issued a joint statement on Tuesday saying that the law needed "more precise criteria to define the discretionary powers [of] ... state and religious authorities." It pointed out that the effect of non-registration of religious groups was unclear, as was the legal status of canon laws and ecclesiastical decisions. The statement also criticized the speedy manner in which the bill was adopted, leaving insufficient time for review and public debate.

On Wednesday, the U.S. Helsinki Commission issued a statement criticizing the law's "ambiguous registration requirements, limitations on naming rights, ill-defined state deregistration powers, speech limitations, improper public disclosure requirements, and undue deference to registration decisions of other EU countries." The statement also criticized provisions that would require many minority religious communities now registered to re-register with authorities.

Finally, according to B92 News, a letter signed by nine human rights organizations in Serbia said that the bill brings Serbia's secular character into question. The letter says the new law is contradictory to human rights guarantees in the country's constitution. It charges that the law moves Serbia back toward medieval times and away from modern Europe.

UPDATE: Despite these pleas, Makfax reported Thursday afternoon that Serbia's President Boris Tadic signed the Church and Religious Communities Act into law.

ACLU Questions Louisiana Mayor's Bible Study Class

The Louisiana Chapter of the American Civil Liberties Union is raising questions about a weekly Bible study class being held in City Council Chambers by Mandeville, Louisiana Mayor Eddie Price, according to an Associated Press report yesterday. Price says the classes are non-denominational and are open to anyone, and that they merely serve as a way to educate people about God. He said the class does not violate church-state separation-- its just about reading the Bible. Chuck Staub, a local minister, defending the class said, "All we're dealing with is Jesus of Nazareth", noting that the participants study what Jesus did and why that is important. "Everybody is welcome to come."

Joe Cook, Louisiana ACLU executive director, argued that the sessions advance Christianity over other religions, and said that some city employees may feel pressured to attend. City Attorney David Cressy, however, argued that the classes are permissible because they are a private function, primarily for individuals who work at City Hall.

Challenges To Kentucky Funding For Religious Colleges Filed

The Lexington Herald-Leader reported yesterday that two separate lawsuits have just been filed in Kentucky to test the constitutionality of state funding for religiously-affiliated colleges. Funds have been appropriated for a new Pharmacy School and Pharmacy scholarships at the University of Cumberlands. Also funds are earmarked for a technology center upgrade at Baptist-affiliated Campbellsville University. After the the Executive Director of the Kentucky Fairness Alliance filed suit to challenge funding for Cumberlands' pharmacy school, the Governor's Office for Local Development filed a separate suit asking the court to validate the appropriations for both the University of the Cumberlands and Campbellsville University. The Cumberlands funding became particularly controversial after the school expelled student Jason Johnson because he said on a website that he was gay.

Kentucky Governor Ernie Fletcher says that two of his top advisers differ on the constitutionality of the funding. His chief of staff believes it is unconstitutional. However, his general counsel takes the position that the state's Constitutional ban (Sec. 189) on using tax money to support sectarian schools applies only to elementary and secondary schools and not to colleges.

LDS Church Wants To Buy Part of ASU Polytechnic Campus

The Church of Jesus Christ of Latter-day Saints wants to purchase part of Arizona State University Polytechnic's campus in Mesa, according to a report in today's ASU Web Devil. It proposes to build an LDS Institute of Religion on the site to offer religious courses to students. Both LDS and non-LDS students would be welcome to enroll, but the courses would involve the teachings of the LDS church. Some on the University's Space and Capital Planning Committee worry that the plan would convey a message that the University favors one religious group. At any rate, under current law ASU is not allowed to sell off parts of the campus. In the meantime, LDS has leased a house next to campus to use for an Institute of Religion until it can build permanent facilities.

California May Pass Law Limiting Funeral Pickets

Yesterday's Contra Costa Times reports that California may join a number of other states in enacting legislation to ban protests near funerals or memorial services. AB 2707 was introduced largely in response to protests at veterans' funerals around the country led by Topeka, Kansas Rev. Fred Phelps of the Westboro Baptist Church. Phelps and his followers carry signs claiming that soldiers are dying in Iraq and Afghanistan because God is punishing the United States for being tolerant of gay and lesbian behavior. Attorney Shirley Phelps-Roper, one of Rev. Phelps' daughters argues California's bill is unconstitutional: "They may not remove us from sight or sound of our target audience. What (AB 2707) has done is targeted our religious message, and they are prohibiting the free exercise of our religion." Last week's Mail & Guardian discusses Phelps' activities. Phelps' website, "God Hates Fags" lists upcoming funerals at which he and his followers will be carrying picket signs.

Florida State Charitable Campaign Sued By Religious Charities For Access

Yesterday, the Association of Faith-Based Organizations filed suit in federal court in Florida challenging the refusal by Florida’s State Employees’ Charitable Campaign to include religious charities in the organizations to which state employees may contribute funds. Attorneys from the Alliance Defense Fund and the Christian Legal Society represent AFBO. (News Release.) The complaint (full text) alleges that the policy violates free exercise, speech and associational rights of religious charities and denies them equal protection of the laws. A somewhat similar suit is pending in Wisconsin.

Rastafarian Prisoner Can Move Ahead On One Claim

In Acoolla v. Angelone, 2006 U.S. Dist. LEXIS 21559 (WD Va., April 10, 2006), a Rastafarian prisoner sued the Virginia Department of Corrections claiming that his religious beliefs require him to keep his hair and beard uncut; wear religious beads in his hair; eat a vegan-kosher diet; use prayer oil; and participate in group worship on Saturday in a ceremony that includes the use of drums, chanting, readings, and religious conversations. A Virginia federal district court rejected all of the prisoner's claims of access to these, except for his request for a kosher vegan diet. On that claim the court denied summary judgment, finding that the record was insufficient at present to support a finding that defendants' refusal furthered a compelling interest by the least restrictive means.

First Use Of Utah's Hate Crime Law May Be For Religious Bias In Assault

The county attorney in Utah County, Utah, says that the first prosecution under the state's new hate crimes law may be in the offing. An 18-year-old man was arrested for aggravated assault after he allegedly harassed a 21-year-old Orem man about the LDS Church, and then attacked him with a bat. Yesterday's Deseret News reported on the arrest. The new law provides for a one-step misdemeanor enhancement in sentencing for hate crimes. It also permits the impact of a hate crime to be considered as an aggravating factor in sentencing. Even though the effective date of the new law is May 1, prosecutors apparently believe it is available for a crime committed before that date.

Judge Apologizes To Sikh Excluded From Courtroom

A judge in Laurens County, Georgia has written a letter of apology to Tarun Singh Kataria, a Sikh who was denied entry to the court last August under its "no hats" policy. Sunday's Panthic Weekly reported that the court has also formally changed its security policy on religious head coverings to explicitly permit Sikhs wearing turbans into the courthouse. The Sikh American Legal Education and Defense Fund (SALDEF) intervened for Mr. Kataria, obtaining not only an apology from Judge Helen Harper, but a refund of the traffic fine Kataria was coming to court to contest.

Two Cases Reject Church Autonomy Jurisdictional Challenges

Wooten v. Crayton, (Mass. App., April 24, 2006) involved a dispute between two factions of a congregational church over congregational votes to disaffiliate with the United Church of Christ, to authorize the building of a new church, and to affiliate with the American Baptist Church Conference. A Massachusetts appellate court held that the trial court should not have completely dismissed the case on church autonomy grounds. Instead "in recognition that there is a secular interest in facilitating a peaceful solution", the court concluded that it could enforce the decision of the body that had authority to govern the church. Finding that the church by-laws called for governance by the church membership, the appellate court held that the membership votes should be enforced.

In a recently available decision in Passmore v. Sixth Judicial District, 2005 Mont. LEXIS 705(Mont. Sup. Ct., Nov. 16, 2005), the Montana Supreme Court refused to intervene to stop a trial court from proceeding in a case against a church alleging negligence in hiring, retaining and supervising the church's pastor. Petitioners had claimed that the trial court's proceedings would impinge on the church's teaching of religion or free exercise of religion.

Professional Football Team To Wear Bible-Themed Jerseys

The Establishment Clause only applies to limit governmental action. It does not apply to conduct of private parties. However the line between "state action" and private action is sometimes fuzzy, for example where a private party and a state entity act together to carry out a program. The resolution of where that line lies may be important in evaluating an interesting new promotion by the Birmingham (Alabama) Steeldogs, a football team run by its private owner, but whose games are played in a public stadium, the Birmingham-Jefferson Convention Complex. The Steeldogs announced last week that on Friday, May 5, for the first time in sports history, a professional franchise will wear Bible-themed jerseys during a game.

On the jerseys, "Steeldogs" is replaced by "Samson", referring to the Old Testament hero known for his strength. On the back of the jerseys, the player's last name will be replaced by a book of the Bible. The number on the jersey will correspond to a chapter and verse of that particular book. Fans in attendance will be able to find the reference in free Bibles that will be handed out to everyone courtesy of Spiritual Outdoor Adventures. After the game, the jerseys will be auctioned off, with the proceeds going to local non-profit ministries. This event is the first of three "Barber's Dairy Faith Nights" with the Steeldogs.

Texas School Board Offers To Settle Suit With Bible Club

The Plano, Texas school board has offered to settle a lawsuit filed against it by Liberty Legal Institute challenging the school's refusal to allow a student bible group to place its information on the Haggard Middle School website along with information from other student groups. (See prior posting.) When the suit was filed, the school agreed to give the students website access, but Liberty Legal also objected to the failure to give the group a faculty sponsor. Under the settlement proposal, as reported by the Dallas Morning News, all noncurricular groups will get equal access to bulletin boards, fundraising activities, student activity accounts and other privileges, and will be entitled to have a faculty sponsor. However, school staff will only be able to attend religious meetings "in a nonparticipatory capacity". The settlement offer came after a federal judge granted the student group, Students Witnessing Absolute Truth, a preliminary injunction. (Fort Worth Star-Telegram.)

Satmar Grand Rabbi Dies Without Resolving Power Battle Between His Sons

Litigation over the last several years in New York courts between supporters of two rival sons of the leader of the Satmar sect of Hasidic Jews has been part of the larger question of who will succeed Satmar Grand Rabbi Moses Teitelbaum. (See prior posting.) WABC-TV New York reports that yesterday the 91-year old Grand Rabbi died without explicitly announcing which son he wished to succeed him. Queens College Professor Samuel Heilman suggested that Teitelbaum may have left either a traditional will or a "moral will" indicating who should take over his position. Ultimately there may be more than one leader.

UPDATE: According to a report by the Associated Press on Tuesday evening, the Satmar's Rabinnical court has announced that Rabbi Moses Teitelbaum left a will naming Zalmen Teitelbaum, the third of his four sons, as the next Grand Rabbi. However, Richard Schwartz, an adviser to the followers of rival son, Aron Teitelbaum, said "The will is not the vehicle for establishing succession if history is to be our guide." He argued that Moses Teitelbaum was not in a lucid state of mind when he wrote the will and that Satmar tradition provides for the oldest son to be the successor.

UPDATE 2: The New York Times reports that less than 2 hours after the Moses Teitelbaum's death, New York Judge Stewart A. Rosenwasser issued several orders at the request of Aaron Teitelbaum's supporters. They included requirements to maintain order and decorum during the funeral and the mourning period, and to assure that neither Aaron's nor Zalmen's supporters were shut out. But Zalmen Teitelbaum's supporters say the orders also solidify Aaron's claim to power, and the filed an appeal. Tuesday afternoon, an appellate judge struck parts of Rosenwasser's ruling.

Viet Nam Official Announces Government Policy On Religion

Viet Nam News Service yesterday reported that Ngo Yen Thi, head of Viet Nam's Committee for Religious Affairs has affirmed that the country's policy is to respect and ensure freedom of belief and religion for all Vietnamese citizens. Speaking at a press conference at the 10th National Communist Party Congress, Thi summarized the Party's policy:

1. Belief and religion are the spiritual need of a portion of the population, which exists and will continue to exist within the nation during the process of socialism construction in Viet Nam. Fellow citizens of all religions are part of the great national unity bloc.

The State will continue to implement the consistent policy of respecting and ensuring the right to freedom of belief and religion and normal religious activities in accordance with the law.

2. The Government would implement the consistent policy of great national unity; unite fellow citizens of different religions and unite fellow citizens who are religious and who are not; strictly prohibit discrimination against citizens on the grounds of belief and religion; and strictly prohibit misuse of belief and religion for superstitious activities, contravention of the law and State policies and incitement to sow division among people and ethnic groups, or disturb and infringe national security.

Thi also outlined provisions of law regarding recognition of religious groups and reviewed achievements of the past years in implementing the government's religious policies.

The timing of Thi's remarks may not have been coincidental. The annual report of the U.S. Commission on International Religious Freedom will go to Congress on May 1. (Associated Press report.) Viet Nam did not fare well in last year's report. (See prior posting.)

6th Circuit Denies En Banc Review of 10 Commandments Case

In a 9-5 decision today in ACLU of Kentucky v. Mercer County, (6th Cir., April 24, 2006), the U.S. 6th Circuit Court of Appeals refused to grant en banc review of a decision by a 3-judge panel of the Court that upheld the constitutionality of a display containing the Ten Commandments. The display, in a court house in Mercer County, Kentucky, was identical in content to the display in McCreary County, Kentucky, that was struck down by the U.S. Supreme Court in June 2005. Nevertheless, the 3-judge panel found that Mercer County lacked the religious purpose that McCreary county had evidenced. (See prior posting.) A strong dissent to the refusal to rehear the case was written by Judge R. Guy Cole. He said: "The panel read Mercer County’s action of quickly and exactly copying its fellow counties’ embattled and religiously motivated display out of the record. Rather, the panel held as a matter of law ... that the reasonable observer would perceive a predominantly secular purpose behind Mercer County’s display."

The American Center for Law and Justice, which represented Mercer County, issued a statement praising the decision. It said: "This is an important defeat for the ACLU and other groups that are committed to removing our religious heritage and traditions from the public square." The Louisville-Courier Journal reports on the en banc determination.