6th Circuit Awards Attorneys' Fees In RLUIPA Case

Yesterday in DiLaura v. Township of Ann Arbor, (6th Cir., Dec. 27, 2006), the U.S. 6th Circuit Court of Appeals agreed with plaintiffs in a RLUIPA case that they were "prevailing parties" and were entitled to $178,535 in attorneys fees, rejecting the district court's lower award. In the underlying case, the Apostolate for the Eucharistic Life challenged the Township's refusal to grant a zoning variance so it could operate a bed and breakfast that hosted guests without charge for prayer and contemplation.

Gerald Ford Remembered For Helping Soviet Jews Gain Freedom

Former U.S. President Gerald Ford who died on Tuesday night (White House announcement) will, among other things, be remembered for his important contributions to international religious freedom, and particularly religious freedom for Soviet Jews. Yesterday's Australian Jewish News points out that Ford signed the Helsinki Final Act in August 1975. In the document, the U.S., Canada, the Soviet Union and 32 European countries agreed to respect human rights, including fundamental freedoms of religion, thought and conscience. The Declaration helped put pressure on the former Soviet Union to permit emigration of Jews. In another attempt to pressure the Soviet Union to allow persecuted Jews to leave the country, in January 1975 Ford signed into law the Jackson-Vanik Amendment. It denied most-favored nation trading status to nations with non-market economies that restricted free emigration.

Keith Ellison Speaks Out On His Muslim Faith and Politics

Minnesota Representative-elect Keith Ellison, the first Muslim elected to Congress, spoke in Detroit yesterday to a group of Arab-American, Muslim, labor, and Catholic leaders at a meeting sponsored by Metropolitan Organizing Strategy Enabling Strength, MOSES, a Detroit faith-based coalition. Ellison, recently the subject of criticism by some columnists and politicians who objected to his plans to be sworn in to office using the Quran (see prior posting), made interesting and conciliatory comments about the role of his faith in his political decisions. Here are some excerpts as reported by the Detroit Free Press :

I'm not a religious leader, I've never led religious services of any kind. I'm not here to be a preacher, but in terms of political agenda items, my faith informs me....

I'm a little incredulous about why anyone would care about what I'm going to swear on. In fact, if I swore on a book that wasn't of my tradition ... would you trust me?

Many people see their religion as an identity thing, much in the same way Crips or Bloods might say, "I'm this, this is the set I'm rolling with". They've never actually tried to explore how religion should connect us, they're into how religion divides us. .... They haven't really explored ... how my faith connects me to you.

Texas City Sued By Santeria Priest Over Animal Sacrifice Ban

Jose Merced, a Santeria priest, has filed suit against the city of Euless, Texas because it refuses to permit him to conduct religious ceremonies that include animal sacrifices. The Associated Press yesterday reported that the federal lawsuit filed in Fort Worth charges that city officials refused to grant Merced a permit even to conduct the ceremonies inside his home where neighbors would not see or hear them. City officials say that killing animals inside the city is illegal. Merced argues that animal sacrifice as a form of worship is central to Santeria and is protected by the First Amendment, citing a 1993 U.S. Supreme Court case, Church of Lukumi Babalu Aye v. City of Hialeah.

Suit and Counter-Suit In Illinois Priest Sex Abuse Case

In state court in Chicago last month, a priest accused of sexually abusing two boys over 20 years ago while he was serving in a Burbank, IL church filed a defamation action against his accusers. The priest denies the abuse charges and claims his accusers had a vendetta against him. Even though a review board found reasonable cause to believe that the abuse occurred, Fr. Robert Stepek is suing for over $1 million in damages. Renew America reports the story and sets out the full text of the complaint in the suit. In response to the defamation suit, the two alleged victims have filed a counter-suit according to a report from the Chicago Sun-Times on Dec. 14. The complaint in that suit (full text published yesterday by Renew America) seeks to hold the Chicago Archdiocese liable for any damage suffered by the accused priest. The complaint says that victims' reports of alleged abuse were supposed to be held in confidence and not made public by the Archdiocese, and that Stepek himself, as well as another priest, disclosed the charges.

Russia May Back Off of New Church Reporting Rules

Russia's Federal Registration Service, says it will review reporting rules applying to religious groups under Russia's controversial new Law on Non-Governmental Organizations. (See prior posting.) An article yesterday in USA Today quotes Victor Korolyov, head of the FRS division responsible for enforcing the law, as saying: "I don't know whether we'll be able to (change the regulations) before April" when the new rules take effect, since Parliament or the president must approve any change. However he concedes that the law will be difficult to enforce on nearly a million religious branches across Russia and says that the government will not strictly enforce the rules for now. It appears that some local officials have gone beyond the law's requirements and have already asked churches for lists of their members.

Religious Freedom Case Pending In Texas Supreme Court

Newspapers around the country have carried an Associated Press story about a pending Texas Supreme Court case testing the scope of the state's Religious Freedom Restoration Act. (Title 110 , TX Civil Prac. & Remedies Code). At issue is a faith-based rehabilitation program for nonviolent parolees set up by Pastor Richard Barr in 1999 in two homes near his church in Sinton, Texas. City officials then outlawed the program by passing an ordinance prohibiting any rehabilitation facility for parolees within 1,000 feet of any church, school, residential area or park. Barr's lawyers say the ordinance specifically targeted Barr. The lower courts (see prior posting) have agreed with the city that the zoning change did not limit Barr's religious practice. Oral arguments are expected in March or April. Here are links to all the briefs in the case filed with the Texas Supreme Court (thanks to How Appealing).

Profile of Kentucky's Prison Staff Chaplains

Today's Louisville Courier-Journal profiles the work of Victor McKinney, one of the 15 full-time chaplains employed by the Kentucky Department of Corrections. The chaplains are paid up to $48,000 per year. Presently all the chaplains are Christians.

Judge Rejects First Amendment Defense To Marijuana Charges By Church Founders

The Arizona Daily Star today reports that a New Mexico federal judge has ruled against the founders of a Southeastern Arizona church that uses marijuana as a sacrament. An earlier jury trial on drug charges (see prior posting) was apparently postponed while the court considered a motion by church founders Dan and Mary Quaintance arguing that the U.S. Supreme Court's O'Centro decision protected them from prosecution. Judge Judith Herrera found that the Quaintance's do not hold sincere religious beliefs regarding marijuana. Instead, according to the judge, the Quaintances created the church to justify their belief that marijuana should be legalized. She wrote: "Defendants cannot avoid prosecution for illegal conduct simply by transforming their lifestyle choices into a 'religion'."

UPDATE: The full opinion in United States v. Quaintance is now available at 2006 U.S. Dist. LEXIS 94439 (D NM, Dec. 22, 2006).

Employee Awarded Damages In Religious Discrimination Case

In a Huntsville, Alabama federal court last week, a jury awarded $15,000 in damages for mental anguish and $100,000 in punitive damages to Carolyn Hall, a former office manager in a medical clinic who was fired after she refused to discuss her religious beliefs with the clinic's owner, Dr. Dean Willis. Willis told Hall that he was concerned about her job performance because he did not know where she stood with God. Today's Huntsville Times, reporting on the religious discrimination verdict, says that damages will probably be reduced to $50,000 because of a statutory cap on damages in federal civil rights actions. 42 USC 1981a permits punitive damages in intentional employment discrimination cases, but caps total damages depending on the size of the business involved.

Dispute Over Cross In William & Mary Chapel Continues

The controversy continues at the College of William and Mary over the President's decision to remove a table cross from permanent display in the school's Wren Chapel in order to make the facility more welcoming to non-Christians. The school is now part of the state university system. (See prior posting.) According to yesterday's Washington Post, President Gene Nichol has now said that the cross will be displayed on Sundays, instead of only during Christian worship services or when otherwise requested. The school will also put up a plaque noting that the chapel's began as an Anglican place of worship. And today's Inside Higher Ed reports in more detail on a letter by President Nichol released to the campus community just before Christmas explaining in detail the reasons for his decision and announcing these additional moves.

Land Use Dispute Between Jewish Student Group and Milwaukee Neighbors

A new land use battle under RLUIPA may be brewing in Milwaukee, Wisconsin. The Milwaukee Jewish News yesterday reported that the Hillel organization plans to build a new Jewish student center near the University of Wisconsin - Milwaukee. In October, the Milwaukee Jewish Federation purchased two homes across from campus and filed a request for a permit to raze them. Neighbors, arguing that Hillel's plans will destroy the historic nature of the neighborhood, convinced the Milwaukee Historic Preservation Commission to give the houses interim status as historic buildings. Hillel has filed an appeal to Milwaukee's Common Council, which is expected to act on the case in January.

Indian Judge Stays Order Limiting Sacrifices By Muslims On Bakri Eid

In India earlier this month, the Bombay High Court ruled that it is illegal to slaughter bulls that are less than 16 years old. (DNA India, Dec. 18.) Apparently the ruling was handed down in order to clarify the meaning of "calf" under the Maharashtra Animal Preservation Act of 1976. However yesterday DNA India reported that Justice S J Vazifdar has granted a stay of the ruling until January when the full court can hear a challenge by the State Minority Commission and the Beef Dealers' Welfare Association. The challengers argue that the slaughter ban unconstitutionally interferes with religious practices of the Muslim community. Muslims traditionally sacrifice a young goat or bull on Bakri Eid, the festival marking Abraham's finding of a lamb as a replacement for his son Ishmael who God had ordered Abraham to sacrifice. The stay will mean that young bulls will be available for Bakri Eid that this year falls on January 1, 2007. A bill to ban the slaughter of all calves, bulls and bullocks is pending in Maharashtra.

Hajj Begins Thursday

Newswire.co.nz today reports that over 1.5 million Muslims have already arrived in Saudi Arabia for the Hajj that begins on Thursday. The government's Supreme Hajj Committee coordinates the massive annual religious pilgrimage. The Health Ministry has over 9,600 medical personnel on hand to deal with medical issues, and has set up 21 field hospitals in Mecca and Medina. Ongoing news coverage of the 2006 Hajj is available from the Hajj Committee's website and from the website of the Saudi embassy in Washington.

Political Adviser Urges Democrats To Campaign More On Their Religious Beliefs

Today's New York Times says that a rising star among consultants to Democratic political candidates is Mara Vanderslice. Her firm, Common Good Strategies, helps candidates appeal to evangelical and other religious voters. She presses Democrats to speak about the religious foundations of their policy beliefs, not to avoid controversial subjects and to speak even with conservative evangelical pastors. She also advises Democratic candidates not to use the phrase "separation of church and state" in their remarks, saying it suggests to people that there should not be a role for religion in public life. In 2004, Vanderslice was unsuccessful in attempting to persuade Presidential candidate John Kerry to speak more openly about his Catholic religious beliefs.

Dutch Teacher Fired For Refusing To Shake Men's Hands

In the Netherlands, Vader Rijn College has fired a Muslim teacher for her refusal , on religious grounds, to shake hands with men. The dismissal came even though the country's Equal Treatment Commission had earlier handed down a non-binding ruling advising against the dismissal. Reporting on the incident, yesterday's European Jewish Press said that the school believed the teacher's conduct set a bad example for pupils-- most of whom have Moroccan or Turkish backgrounds. School director Bart Engbers wants a secular learning environment. He said: "Religious and political flag-waving must stay at home."

Church-State Scholar Saluted As He Faces ALS

Today's Tallahassee (FL) Democrat carries a poignant story about law professor Steven Gey. The well-known church-state scholar and textbook author is courageously facing a recent diagnosis of amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease. The article reflects the great respect and concern of Gey's colleagues, friends and former students for him.

EU Bishops Want Reference To Religion In Anniversary Document

Next March marks the 50th anniversary of the Treaty of Rome, the document that laid the foundation for the European Union. Last week, EUObserver reported that drafting has begun on the Berlin Declaration-- a document that will mark that anniversary. Catholic bishops in Europe are pressing for the document to make reference to Europe's Christian heritage. The Commission of the Bishops Conferences of the European Community released a statement earlier this month saying: "for a majority of EU citizens their Christian faith is the living source for their support of our common values and ambitions. The Berlin Declaration, therefore, should be inclusive enough not only to list the values and ambitions of the European Union but to reflect the religious and humanistic motivation of EU citizenship." This follows their failed attempt last year to get a reference to Europe's Christian heritage placed in the Preamble to the EU Constitution that was then being considered.

White House Issues 2006 Christmas Greetings; Queen Elizabeth Podcasts Hers

Here is President Bush's Christmas Message issued on December 18:

"For unto us a child is born ... and His name will be called Wonderful, Counselor, Mighty God, Everlasting Father, Prince of Peace." Isaiah 9:6

For centuries, patient men and women listened to the words of prophets and lived in joyful expectation of the coming Messiah. Their patience was rewarded when a young virgin named Mary welcomed God's plan with great faith, and a quiet birth in a little town brought hope to the world. For more than two millennia, Christians around the world have celebrated Christmas to mark the birth of Jesus and to thank the Almighty for His grace and blessings.

In this season of giving, we also remember the universal call to love our neighbors. Millions of compassionate souls take time during the holidays to help people who are hurt, feed those who are hungry, and shelter those who need homes. Our Nation also thinks of the men and women of our military who are spending Christmas at posts and bases around the world and of the loved ones who pray for their safe return. America owes a debt of gratitude to our service members and their families.

The simple story of Christmas speaks to every generation and holds a sense of wonder and surprise. During this time of joy and peace, may we be surrounded by the love of family and friends and take time to reflect on the year ahead. Laura and I pray that this season will be a time of happiness in every home and a time of peace throughout the world. Merry Christmas.

Meanwhile in Britain, Queen Elizabeth's annual Christmas Day message to the Commonwealth will not only be televised, but will be available by podcast and can be watched directly online as well, according to today's Daily Express. By subscribing ahead, those who are interested can get the podcast delivered directly to their iTunes or other MP3 software. The Queen's message to the Armed Forces is also available in MP3 form. An archive of all the Queen's Christmas broadcasts since 1952 is available on the British Monarch website.

Uncounted Overseas Missionaries Could Lead To Larger U.S. Congress

Yesterday, the Associated Press reported on a fascinating proposal that Congress will face when it reconvenes. The proposal was triggered by the decision of the U.S. Census Bureau in 2000 not to count civilian U.S. nationals living overseas in the census. This meant that, among others, 11,000 Mormon missionaries stationed around the world-- most from Utah-- were not included. So North Carolina ended up with 856 more people than Utah and got an extra representative in the House of Representatives that Utah thought it deserved. In Utah v. Evans, 143 F. Supp.2d 1290 (D. Utah, Apr. 17, 2001) [LEXIS link], a 3-judge federal district court rejected Utah's challenge to the refusal to count the overseas missionaries, and the Supreme Court summarily affirmed the decision.

Now Utah leaders have endorsed a proposal that would permanently increase the number of members in the House of Representatives from 435 to 437. Then Utah would get its fourth seat-- presumably a Republican-- and the District of Columbia would get its first voting member-- presumably a Democrat. Since the total number of representatives is controlled by statute, and not specified in the Constitution, the added member for Utah would presumably be permissible. However, there is doubt whether D.C. can be given a voting representative without a Constitutional amendment.