Suit Filed Challenging Graduation Prayer In Tangipahoa, LA School

Yesterday's New Orleans Times-Picayune reports that for the sixth time in 13 years, the ACLU of Louisiana has filed suit against the Tangipahoa School Board challenging the injection of religion into public schools. Yesterday's federal court suit charges that at a graduation ceremony for Tangipahoa PM High School, a faculty member delivered an invocation, specifically praying in Jesus' name. The graduation program indicated that a student would deliver the invocation, but at the event, faculty member Anthony Massi was the person who led the prayer. A number of faculty and administrators were present and, according to the complaint in the lawsuit, "condoned, approved of, participated and acquiesced in the giving of the invocation". The complaint in John "P" v. Tangipahoa Parish School Board alleges that the graduation prayer violated the Establishment Clause. It seeks declaratory and injunctive relief as well as nominal damages.

Cert. Petition Filed In Campus Traveling Preacher Case

On Tuesday, attorneys for the Alliance Defense Fund filed a petition for certiorari with the U.S. Supreme Court in Gilles v. Blanchard. (Press release). In the court below, the U.S. 7th Circuit Court of Appeals upheld the refusal of a state university-- Indiana's Vincennes University-- to permit a traveling campus evangelist from preaching uninvited in the center of campus. In March, the 7th Circuit refused a petition for en banc review, 2007 U.S. App. LEXIS 7158. The petition for cert (full text) argues that the Court should grant review to resolve a conflict among circuits on the application of the forum analysis to open places on public campuses and a conflict as to use of unbridled discretion in a nonpublic forum.

Court Upholds California Church's Location In Shopping Center

In Chabra v. City of Concord, (CA App., June 6, 2007), a California state court of appeal upheld a decision by Concord, California's Planning Commission and City Council to permit Harvest Church to use a former movie theater in a shopping center as a church. Individuals challenging the determination argued that the decision was inconsistent with the city's zoning plan. The court said that there was substantial evidence that while the approved use was not for traditional retail activities, it would nevertheless aid in development of the shopping center. CBS5 News yesterday reported on the decision.

Will A Disclaimer Avoid Establishment Clause Issues In Graduation?

Some public high schools in Connecticut are holding their graduation ceremonies in church buildings in order to provide sufficient space for all who wish to attend. Yesterday's Jewish Ledger reports that both the ACLU and the Anti Defamation League have expressed Establishment Clause concerns. At least two schools have decided that placing a disclaimer on their website is the way to handle the matter. South Windsor High School's disclaimer reads: "The selection of First Cathedral as the site for graduation offers the best facility for our needs at an acceptable cost. The selection of this venue in no way represents an endorsement by the school district of a specific religion or religion in general."

Study Says Sikh Students In NY Face Harassment

Preliminary findings of a study released yesterday by the Sikh Coalition says that 58% of Sikh students in New York public schools have been victims of name calling, threats or physical abuse because of their religion. Summarizing the study, the New York Press says that school administrators have often failed to pursue complaints of discrimination filed by Sikh students. Release of the data follows a highly publicized incident last month in a Queens high school in which a student forcibly cut off the hair of his Sikh classmate. (See prior posting.)

Coalition Attempts To Promote Religious Diversity In Britain

In Britain, a group of political, religious, union and human rights leaders have formed a new Coalition to Defend Freedom of Religious and Cultural Expression. eGovMonitor reported yesterday that the coalition has been set up to counter media criticism of faith groups openly displaying their cultural or religious symbols and dress. Most recently that criticism has been directed at Muslim women wearing veils, but it has extended to those of other religions as well. The new group argues that multiculturalism enriches society and does not divide it. One of the leaders of the new group, London Mayor Ken Livingstone, said: "I am proud of London's reputation as the most diverse city in the world...."

Religiously Motivated Kidney Donation Rejected In Canada

Jesus Christians is an Australian religious group that believes donating one's kidney for transplant is the ultimate expression of faith. Canadian Press reported earlier this week on a 22-year old Australian man who came to Toronto to donate a kidney. He made the trip because Australian law permits the donation only where the recipient is someone with whom the donor had a long-time friendship. Canadian law permits broader altruistic motivations. However, a Toronto hospital ultimately rejected the offer and sent the man back to Australia, apparently after the man's parents called to complain that he had been brainwashed by a religious cult.

Death Sentence Ordered In Pakistan Blasphemy Case

After Pakistan's National Assembly last month rejected a proposed amendment to the country's blasphemy law that would have punished desecration of the holy books of other religions equally with desecration of the Quran (Countercurrents.org), a troubling new blasphemy case is being reported. Religious Intelligence reported yesterday that a Sessions Court in Lahore has sentenced a Christian, Younis Masih, to death on charges of violating Section 295-C of the Criminal Code -- defiling the name of the Prophet Muhammad. No one has actually been executed on blasphemy charges in Pakistan, but many have been killed by extremists while waiting in jail.

Study Concludes Florida's Faith-Based Correctional Program Avoids Church-State Problems

According to University of Florida News, two UF professors have published a study of Florida's faith-based correctional program for juvenile offenders, concluding that the program has been successful while avoiding church-state issues that have plagued programs in other states. Lead researcher Jodi Lane said that unlike programs elsewhere that were often Christian-based, Florida's program permits participants to select a mentor from any religion, or a secular mentor if the individual prefers. Also the program is completely voluntary, avoiding charges of coercion. The study, titled Before You Open the Doors: Ten Lessons From Florida's Faith and Community-Based Delinquency Treatment Initiative (Abstract), appears in the April 2007 issue of Evaluation Review.

Belarus Authorities Clash With Religious Leaders Over Restrictive Law

Forum 18 reports that in Belarus, Baptist Pentecostal Church Pastor Antoni Bokun has been sentenced to a 3-day prison term for leading a communion service without permission at his home in violation of the country's 2002 Religion Law. Calling for reform of the law, some 5,000 to 7,000 Christians attended a religious freedom prayer service in Minsk to protest Bokun's arrest, the imminent deportation of a Polish Pentecostal, and other religious harassment. Belorusski Novosti reports that 5 young people on Tuesday picketed the offices of the Committee on Religious and Ethnic Affairs in protest of the ban on registered religious communities holding prayer services in residential premises. Many groups are having trouble finding other space.

NM Football Coach Loses Summary Judgment Motion In Discrimination Case

Yesterday, a New Mexico federal district court refused to grant summary judgment to New Mexico State University head football coach Hal Mumme in religious discrimination cases filed against him by several Muslim football players. In Ali v. Mumme I, (D NM, June 5, 2007), the court found that issues of fact remain in the free exercise and equal protection claims by player Jacob Wallace that Mumme encouraged an atmosphere hostile to Islam, that he instituted Christian prayer by the team in a way coercive to Muslims, and that Mumme's food policy disregarded Muslim dietary restrictions.

In Ali v. Mumme II, (D NM, June 5, 2007), the court found that issues of fact remain in the free exercise and equal protection claims by players Mu'ammar Ali, Anthony Thompson and Vincent Thompson. They claim that they were discharged from the football team because of their Muslim faith, and that Mumme had engaged in actions having a coercive effect on their religious beliefs. Today's Las Cruces Sun-News reports on the decisions. (See prior related posting.)

German Court Upholds Ban On Muslim Teachers' Wearing Headscarves

In Dusseldorf, Germany on Tuesday, an administrative court upheld North Rhine-Westphalia's ban on Muslim teachers wearing headscarves in class. The Associated Press reports that the court rejected a 28-year old teacher's complaint that her freedom of religion was being infringed. The court instead focused on the state's interest in maintaining religious neutrality toward students and parents.

Religion An Important Part of Yesterday's Republican Candidate Debates

Faith and religion were an important part of the Q&A in last night's Republican presidential candidate debate held in Manchester, New Hampshire. The full transcript of the debate is available online, as is a CNN summary with video clips. At one point, reporter Wolf Blitzer asked candidate Rudy Giuliani about a Catholic bishop's strong criticism of Giuliani's stance on abortion rights. As Giuliani began to answer, lightning from a storm outside briefly cut off the microphone. Giuliani joked that this was a "frightening" thing for someone who went to parochial school all his life.

The debate also gave several of the candidates an opportunity to explain their views on the evolution vs. creationism debate, and gave candidate Mitt Romney a chance to respond to those who are concerned about his Mormon religious beliefs. In response to a question from Wolf Blitzer, Romney said:

President Kennedy some time ago said he was not a Catholic running for president, he was an American running for president. And I'm happy to be a proud member of my faith.

You know, I think it's a fair question for people to ask, what do you believe? And I think if you want to understand what I believe, you could recognize that the values that I have are the same values you'll find in faiths across this country.

I believe in God, believe in the Bible, believe Jesus Christ is my savior. I believe that God created man in his image. I believe that the freedoms of man derive from inalienable rights that were given to us by God.

And I also believe that there are some pundits out there that are hoping that I'll distance myself from my church so that that'll help me politically. And that's not going to happen.

Meanwhile the website Media Matters accused CNN of incorrectly reporting that Democratic candidates had not talked about their faith and values until very recently. The website says that at least some of the Democratic candidates have talked about their faith and values for years.

Opinion In Lethal Injection Autopsy Case Now Available

Following up on a posting from last month, the full opinion is now available on Lexis in Workman v. Levy, 2007 U.S. Dist. LEXIS 40122 (MD TN, May 15, 2007). In the case, a Tennessee federal district court refused to grant a preliminary injunction to stop the autopsy of inmate Philip Workman, despite Workman's religious objections to the procedure. The court held that Workman's brother has standing to pursue the case after Workman's death, that the coroner's decision to perform an autopsy was not motivated by religious animus, and that the state has a compelling interest in using the autopsy to assess the effects of its controversial lethal injection protocol for executions.

Parents In Ontario To Sue Over Support For Disabled In Private Religious Schools

In the Canadian province of Ontario, a multifaith coalition, along with seven families, is planning to sue the provincial government alleging discrimination because the province refuses to fund support for students with various disabilities who attend private religious schools. Today's Globe and Mail says that medically necessary therapy is provided by the province to students in all schools, but assistance to students for "learning tools" to help with visual impairments, hearing difficulties or learning disabilities is available only the publicly funded secular and Roman Catholic schools.

NY County Human Rights Commission Gets Expanded Powers

The Westchester County, New York Board of Legislators yesterday expanded the enforcement authority of the county's Human Rights Commission which, among other things, enforces bans on religious discrimination in employment, housing, lending and public accommodations. Today's Lower Hudson Journal News reports that the new law allows the Commission to impose civil fines up to $100,000 in housing discrimination cases, and permits it to seek punitive damages up to $10,000 for egregious discriminatory behavior.

Virginia School District Encourages Intelligent Design In Classes

The Chesterfield Observer reported today on a statement (full text) issued earlier this month by the Chesterfield County, Virginia, school board that seems to endorse teaching of intelligent design as part of the school district's science curriculum. The board adopted textbooks approved by the State Board of Education for middle and high school science classes. In its news release on the adoptions, the district school board said that "none of the currently available textbooks in the areas of life science and biology included the topics of creationism or intelligent design." The release also quoted one district board member who said: "This is not about science versus religion. This is about how we articulate theories on this one subject and what the Supreme Court and other court rules have said about creationism in the classroom."

In response to proponents of intelligent design, Chesterfield School Board Chair Thomas J. Doland read a statement that he asked to be included along with the Memorandum regarding textbook adoptions. The statement in part says:

The School Board is cognizant that technology now allows easy access to an almost infinite number of resources facilitating learning. To suggest that we should limit our students' access to specifically approved textbooks and instructional materials would not only inhibit self-directed learning but would also ill-prepare our young people for the challenges that will face them in the competitive global market of the 21st century.

We have received much interest and concern from our citizens relating to the theory of evolution as taught in our science classes. It is the School Board's belief that this topic, along with all other topics that raise differences of thought and opinion, should receive the thorough and unrestricted study as we have just articulated. Accordingly, we direct our superintendent to charge those of our professionals who support curriculum development and implementation with the responsibility to investigate and develop processes that encompass a comprehensive approach to the teaching and learning of these topics.

Muslim Brotherhood On Politics and Religion

Today the Global Politician published an exclusive interview with Mohamed Habib, head of Egypt's Muslim Brotherhood, discussing the controversial book recently published by Dr. Ali Abd Al-Hafiz titled "Alternative Movement". (MB News). Particularly interesting is this exchange on government and religion:

GP: What about the points he brings up in the book and in his comments about the MB?

Habib: Those ideas are talked about now among intellectuals in Egypt, which call for the separation of politics and religion. This came from ignorance of the nature of Islam. Islam is a whole system. It is a complete system that consists of politics, literature, economics, etc.... Therefore, you have to accept it as a whole. There is no such thing as political work separated from religion or else we become like those who are different.

South Dakota National Guard Short On Chaplains

Today's Rapid City (SD) Journal reports on the 50% vacancy rate for chaplains in the South Dakota Army National Guard. It cites a number of factors to account for the unit's difficulty in recruiting chaplains: increased deployment of units for service in Iraq and Afghanistan, refusal of the Army to recognize Bible college (as opposed to seminary) graduates, and maximum age limits-- many South Dakota clergy have come to the ministry as second careers. Shortages are most pronounced for Roman Catholic priests.

Court Upholds Ban On Parent's Bible Reading To Kindergarteners

In Busch v. Marple Newtown School District, (ED PA, May 31, 2007), a Pennsylvania federal district court has upheld a decision by a school principal barring the mother of a kindergarten student from reading a Biblical selection from the book of Psalms to a kindergarten class as part of the "All About Me" unit. The unit, among other things, encouraged parents to read a story to the class. The court held that even though this amounted to viewpoint discrimination, it was permissible because this was an organized curricular activity in which the reading might well be perceived as being endorsed by the school. The school had a compelling interest in avoiding proselytizing of students in violation of the Establishment Clause. The court also rejected plaintiff's establishment clause and equal protection claims.