Ohio Ends Contract With Group Administering Faith Based Funds

As reported previously, Ohio's new Democratic governor, Ted Strickland, has ordered the state's Inspector General to investigate the operation of the Ohio Governor's Office of Faith-Based and Community Initiatives. Apparently the group that was under contract to manage $22 million in grants that faith-based organizations could access has refused to answer investigators' questions. ABP reports that this has led state officials to terminate the state's contract with the group, We Care America. The Dayton Daily News Dayton has published an investigative series that discloses ties between the White House and leaders of We Care America. Gov. Strickland, himself an ordained Methodist minister, said: "It just really seems as if this is an example of where money that should've legitimately gone to serve the needs of the poor and vulnerable people in Ohio was in my judgment misused, and it was done in the name of God. It's just reprehensible what happened here." Melissa Rogers' blog has more on the story.

Russian Museum Sued Over Anti-Christian Art

In Russia, a Russian Orthodox Church group, the People's Council, has filed suit in Moscow against the Andrei Sakharov Museum and Public Center over a display titled "Forbidden Art -- 2006". Today's Baltimore Sun reports that the suit charges the Museum with inciting religious and ethnic hatred. The display contains two dozen works that were kept out of Russian art galleries by self-censorship last year. Among them is a portrait of Jesus with a Mickey Mouse face and an icon of the Virgin Mary made to look like caviar. The coordinator of the People's Council said: "It's considered blasphemous to mock Christian feelings. It's like insulting the American flag."

Demolition Permit Denial Violates Free Exercise Clause

In Mount St. Scholastica, Inc. v. City Of Atchison, 2007 WL 782196 (D KA, March 12, 2007), a Kansas federal district court held that application of the Kansas Historic Preservation Act to deny a demolition permit to a religious monastic community violates the Free Exercise clause of the First Amendment. Applying 10th Circuit precedent, the court held that because the law provides for individualized determinations, a strict scrutiny test is to be applied to the government's decisions. In cases of religious hardship the government must have a compelling reason to refuse to grant an exemption from the historic preservation law's requirements. Historic preservation is not a compelling governmental interest. [Thanks to Eugene Volokh via Religionlaw for the lead.]

Clergy Breach of Fiduciary Duty Claim Dismissed Under Establishment Clause

In Lowery v. Cook, (UT Ct. App., March 15, 2007), a Utah Court of Appeals held that the Establishment Clause bars a claim for breach of fiduciary duty by a clergyman in connection with an ecclesiastical counseling session. Adjudicating the claim would create excessive entanglement between government and religion.

Tennessee AG Says Creationism Resolution Does Not Violate Establishment Clause

Last month (see prior posting) a Tennessee legislator introduced a resolution in the state Senate that would ask the state commissioner of education a series of questions about why schools are not teaching creationism. Last week, Tennessee's attorney general issued Opinion 07-29 which concludes that: "Senate Resolution 17 violates neither the Establishment Clause of the United States Constitution, nor Article I, Section 4 of the Tennessee Constitution." In reaching that conclusion, the Opinion says:

Senate Resolution 17 compels no action regarding religion, and imposes no sanction for disobedience. This resolution is therefore not the type of "law" that may infringe upon the terms of the Establishment Clause.

Furthermore, insofar as Senate Resolution 17 merely asks three questions concerning religion and the teaching of creationism in Tennessee schools, it is difficult to interpret the resolution as a measure "establishing" religion in contravention of the Establishment Clause....

We further do not consider that any reasonable interpretation of Senate Resolution 17 runs afoul of this provision of the Tennessee Constitution. The resolution is completely devoid of any provision suggesting that the Commissioner of Education must satisfy any religious "test" in order to qualify for her office.

Despite the resolution, its sponsor Sen. Raymond Finney says that he may reword the resolution. (NCSE release.)

NY State Takes Over Religious Discrimination Complaint Against Clinic

The New York state Division of Human rights has taken over administration of a religious discrimination complaint filed in Spring Valley, NY with the Rockland County Commission on Human Rights by the NAACP. (See prior posting.) The complaint claimed that the Ben Gilman Medical and Dental clinic -- which had received federal funding -- unlawfully imposed the its owners beliefs on others by closing on Saturday, the Jewish Sabbath. The clinic in turn argued that forcing it to open on Saturdays would constitute illegal religious discrimination. The New York Journal News today reports that the state takeover places in question a tentative settlement that the parties had negotiated. It provided for opening on the clinic on Saturdays for an eight-week trial period; maintaining a diverse, multilingual staff and providing diversity training to the staff.

French Paper Acquitted On Charges of Publishing Caricatures of Muhammad

A French court yesterday acquitted the satirical newspaper Charlie-Hebdo and its director, Philippe Val, of charges of "publicly abusing a group of people because of their religion" by publishing caricatures of the Prophet Muhammad. Several of the cartoons had first appeared in a Danish newspaper. The court ruled that Charlie-Hebdo had no intention of insulting the Muslim community with the caricatures. The Associated Press reported on the decision. (See prior related posting.)

Portland Archdiocese Bankruptcy Reorganization Moves Ahead

Portland, Oregon's Catholic Sentinel reports that parishioners in western Oregon will receive notice this week of a proposed settlement in a class action lawsuit over whether parishes, schools and certain funds are available to pay claims of the Catholic Archdiocese of Portland. The Notice (full text) says that in the settlement no property of schools or parishes will be used to pay debts of the Archdiocese. Parishes and schools will receive a discharge from all liabilities of the Archdiocese. Then the Archdiocese will restructure itself, Parishes and Schools into various charitable trusts or nonprofit religious corporations, separate from the reorganized Archdiocese. Property will be transferred among the new entities in a way that does not diminish the Archdiocese's ability to make payments under the plan of reorganization.

Vietnam Recognizes Baha'i and 3 Other Groups

Vietnam News Service yesterday reported that the Baha'i Community of Vietnam is celebrating its receipt last month of a certificate of operation from the Government's Committee for Religious Affairs. Three additional groups have also recently received certificates: "Four Debts of Gratitude"; "The Pure Land Buddhist Home-Practice Association"; and "The Vietnam Christian Religion Missionary Alliance". Previously six other religions had been recognized by the government: Buddhism; Catholicism; Protestantism; Cao Dai; Hoa Hao Buddhism; and Islam. Buddhism is the largest of these, with 10 million followers in the country.

Final Attempt To Overturn Britain's Sexual Orientation Regulations Loses

Yesterday, a final attempt to prevent Britain's Equality Act (Sexual Orientation) Regulations from going into effect was defeated in the House of Lords by a vote of 168 to 122. Christianity Today reports that the defeated motion put forward by Baroness O’Cathain, as 1000 Christians in support of the motion gathered outside Parliament in a prayer vigil. Following the vote, the Lawyers' Christian Fellowship issued a statement saying in part: "The result of the vote will mean that rather than balancing rights, the right to live a homosexual lifestyle will trump the right to live a Christian lifestyle." (See prior related posting.)

Taxpayer Challenge To Funding Faith-Based Marriage Counseling Group Dismissed

A federal district court in Washington state has dismissed a lawsuit brought by 13 Washington taxpayers alleging that federal grants made to the Northwest Marriage Institute were used to finance religious activities in violation of the Establishment Clause. In Christianson v. Leavitt, (WD WA), March 20, 2007) [available in PACER], the court found that capacity-building grants, and a grant to support a secular marriage workshop, met the requirements of the Lemon test-- and so there were no Establishment Clause violations present. Americans United for Separation of Church and State that represented plaintiffs issued a statement saying it was disappointed in the ruling, but that the court reaffirmed key principles of church-state separation. (See prior related posting.)

UPDATE: The full opinion is now available online, as is defendant's motion to dismiss, thanks to the Christian Newswire (CLS press release). [Thanks to Blog from the Capitol for the lead to this update.]

Jordan's Parliament Deletes Controversial Provision In Proposed Press Law

Playfuls today reports that both houses of Jordan's Parliament have voted to eliminate a provision in a new press and printing law that would have permitted imprisonment of journalists for "degradation, defamation, vilification or abuse of religion". The earlier version of the bill that contained the provision led met widespread objection. (See prior posting.)

Court Finds Cross On City Water Tower Unconstitutional

In American Atheists, Inc. v. City of Starke, Florida, 2007 U.S. Dist. LEXIS 19512 (MD FL, March 19, 2007), a Florida federal district court held that Starke, Florida's placement and maintenance of a lighted cross on the top of the city's water tower violates the Establishment Clause of the U.S. and Florida constitutions. The court held that the case was not moot even though the city had removed the cross. It granted plaintiffs' request for an injunction because it is not clear that city will not put the cross back up at a later date. Today's Gainesville (FL) Sun reports on the decision.

German Judge Cites Koran Verse In Denying Accelerated Divorce

Under German law, a person seeking a divorce must wait one year after separation from his or her spouse, except in cases of unreasonable hardship. Spiegel Online yesterday reported on a judge's decision in January holding that domestic violence and death threats by a husband against his wife did not meet the hardship criterion because the man and wife both have Moroccan backgrounds. In denying the accelerated divorce, the judge cited a passage in the Koran that some have interpreted as permitting a husband to beat his wife. The judge said: "The exercise of the right to castigate does not fulfill the hardship criteria as defined by Paragraph 1565 (of German federal law)." (Background on German divorce law.) However now that the wife's attorney has gone public about the case, a court in Frankfurt granted the wife's motion to disqualify the judge for conflict of interest.

UPDATE: In response to widespread criticism of the judge's decision to deny an accelerated divorce, the Court's vice president said that the judge "regrets that the impression arose that she approves of violence in marriage." (International Herald Tribune).

UPDATE: German lawyer Andreas Moser has posted more information on the case suggesting that the media have been exaggerating the holding. He says that the opinion focuses on whether the government will pay for counsel for the wife instead of requiring her to wait 2 more months to obtain her divorce after the 1-year waiting period. [Thanks to Dispatches from the Culture Wars for the lead.]

Father Sues LDS Church Over Ordination Of Sons

In Utah yesterday, a state court of appeals heard oral arguments in a case in which a father claimed that the Mormon church ordained his two sons without his permission. Yesterday's Salt Lake Tribune says that he sued after the LDS Church refuse to issue an apology. The case is part of a broader fight between the boys' father, Michael Gulbraa, and his former wife Etsuko Tanizaki Allred over custody of the two boys. Their mother had requested the ordinations in Japan where she had taken the boys, but at a time after the father had been awarded custody of them.

Catholic-Jewish Commission Speaks On Religious Freedom

Last week, the Holy See's Commission for Religious Relations with the Jews and the Chief Rabbinate of Israel's Delegation for Relations with the Catholic Church -- known as the Bilateral Commission-- met in Jerusalem. The topic for the meeting was "Freedom of Religion and Conscience and Its Limits." Zenit yesterday published the conclusions of the Commission's 3-day session. Here are some excerpts:

Even though the Enlightenment helped bring about a purification from the abuse of religion, secular society still requires religious foundations to sustain lasting moral values....

While on principle the state should not at all limit freedom of religion for individuals and communities nor of moral conscience, it has the responsibility to guarantee the wellbeing and security of society. Accordingly it is obliged to intervene wherever and whenever a threat is posed by the promotion, teaching or exercise of violence and specifically terrorism and psychological manipulation in the name of religion.

In addition to respecting the freedom of religious choices, the integrity of faith communities should also be guaranteed. Accordingly it is legitimate for a society with a predominant religious identity to preserve its character, as long as this does not limit the freedom of minority communities and individuals to profess their alternative religious commitments, nor to limit their full civil rights and status as citizens, individuals and communities....

[T]here is a special obligation upon religious leaders and communities to prevent the improper use of religion and to educate towards respect for diversity which is essential in order to ensure a healthy, stable and peaceful society.

NY Appellate Court Upholds Photographer's Rights Against Free Exercise Claim

Yesterday, a New York appellate court affirmed the dismissal of a free exercise claim in an unusual suit under New York's privacy law. In Nussenzweig v diCorcia, (NY App. Div., March 20, 2007), Erno Nussenzweig, a Hasidic Jew, sued Philip-Lorca DiCorcia, a professional photographer who took a series of photographs of persons passing through Times Square, including Nussenzweig. Then, without consent, DiCorcia used the photos in a gallery exhibition, and in a catalogue that was published to go along with the exhibit. Nussenzweig's religious beliefs -- in particular his interpretation of the second commandment against making graven images-- are violated by the use of the photo. (See prior posting.) In the appellate court, three of the five judges dismissed the claim on statute of limitations grounds. However, in a concurring opinion, Justices Tom and Malone also agreed with the lower court that the privacy act was not violated and that no free exercise claim was established because the photographer's conduct did not amount to state action. It rejected Nussenzweig's claim that the issuance of the trial court's decision protecting the photographer's free expression rights created the necessary state action.

EU Anniversary Statement Will Not Mention Religion

European Union officials are placing the final touches on a formal statement that will be issued to mark the 50th anniversary of the EU. Poland and some other predominately Catholic countries in Europe are distressed that the statement makes no mention of God or Christianity. Yesterday's Belfast Telegraph reported that the declaration will highlight EU achievements, values and future challenges. The omission of any religious reference is in deference to member states that are secular or that stress separation of church and state.

Santeria Priest Rejects Settlement Offer In RLUIPA Suit

The city of Euless, Texas has offered a compromise to settle a lawsuit under the Religious Land Use and Institutionalized Persons Act brought against it by a Santeria priest. (See prior posting.) Yesterday's Dallas Morning News reported that instead of totally prohibiting animal sacrifices, the city would permit the priest to kill chickens and hold weekly gatherings of up to 25 people at his home. However, the city would continue to prohibit the sacrifice of goats. That restriction has led Jose Merced to reject the city's offer. He says that using an animal with four legs is critical to his religious practices. Followers of Santeria believe that the energy in blood from animal sacrifice opens a channel of direct communication with orishas (spirits).

Philippines Mandates Moderate Muslim Curriculum

Reuters reports today that the Philippines government and some members of the Muslim community are taking steps to prevent Islamic militants from influencing young Muslims. The education department has introduced a new curriculum offering Arabic and Islamic studies to state schools in Muslim-dominated areas outside the southern island of Mindanao. Some 3 million Muslims live on Mindanao. Also nearly 1,000 privately-run madrasas around the country funded by communities or by donations from abroad are now required by the government to adopt a moderate curriculum for Islamic studies.