10 Commandments Rally in Oklahoma

Ten Commandments displays can still apparently generate passionate feelings. The Associated Press reports that on Saturday, a group of pastors in Tulsa, Oklahoma stirred up a crowd of 300 during a rally around a Decalogue monument on the Haskell County Courthouse lawn. The monument has been challenged recently in a lawsuit filed by the ACLU. U.S. Senator Tom Coburn (R-OK) spoke at the rally, saying: "I wish this was in every courthouse on the lawn. We need more of this, not less."

Court Upholds Denial of Prisoner's Bible Course Materials

In McNeal v. Martin, 2005 U.S. Dist. LEXIS 28177 (ED Mo., Nov. 16, 2005), a Missouri federal district court rejected a prisoner's First Amendment and RLUIPA free exercise of religion claim. Jail officials refused to give him materials from a Bible correspondence course because of a jail policy that prohibited inmates from having bulky or voluminous paper materials in their cells. Officials say that loose papers can be used to hide contraband or start fires. The jail allowed inmates to keep one book, and plaintiff had a Christian Bible, which he agrees is the primary religious text of his faith. The court held that the plaintiff prisoner did not produce any convincing arguments to show that the correspondence course was somehow necessary to the exercise of his religion.

Bush Presses China To Grant Greater Religious Freedom

President Bush began his visit to China today by encouraging Chinese authorities to promote greater religious freedom in the country. Today's Washington Post reports that even before the welcoming ceremony at the Great Hall of the People, Bush attended a service at a state-sanctioned Protestant church to send a message about free expression of faith. Aides say Bush has been offended by the recent harassment of individuals trying to practice their faith without state approval at underground churches. The Post article also reports that several religious figures were either detained or ordered out of Beijing by security services just before the President's arrival in the country.

The President told reporters: "My hope is that the government of China will not fear Christians who gather to worship openly. A healthy society is a society that welcomes all faiths." Later in a joint appearance with Chinese President Hu Jintao at the Great Hall, Bush said: "It's important that social, political and religious freedoms grow in China and we encourage China to continue making their historic transition to greater freedom." Hu responded: "Notable and historic progress has been made in China's development of a democratic political system and human rights." A dispatch yesterday from Knight-Ridder Newspapers also reports on the President's push for religious freedom in China.

UPDATE: Apparently President Bush made little headway in pressing China to liberalize its policies on religious freedom. A Knight-Ridder report quotes Chinese President Hu, after his meetings with Bush, as saying that human rights in China should be based on "national conditions" and China's "historical and cultural heritage."

Ghana Seventh Day Adventist Students Lose In Court

In Ghana on Friday, the Accra Fast Track High Court dismissed a motion filed by 149 University of Ghana Seventh Day Adventist students seeking to enjoin the university from organizing examinations or any academic activity on Saturdays. Ghana's Daily Graphic reported yesterday that the University had told the court that its decision to administer exams on Saturdays and Sundays had been communicated to all students at the beginning of the semester. Its counsel argued that the university was not discriminating against any particular student or religious group, adding that "as I speak in court this Friday, some Muslim students are writing their papers. On Sunday, two thirds of the students, including Christians, will be writing their paper". The court said that "the applicants have not been able to establish the irreparable loss they will suffer as a result of the university's decision to conduct examinations on Saturdays".

Boston Archdiocese Enters Unusual Settlement With Feds

Yesterday's Boston Globe reports that the Catholic Archdiocese of Boston has entered an unprecedented settlement with federal authorities. To avoid a federal indictment for misleading the federal government in a 1999 background check of a priest who had been appointed a Veterans Affairs chaplain, the archdiocese agreed to provide detailed background on all priests who currently serve or who in the future apply to serve as chaplains in the military, in the federal prison system, or in Veterans Affairs facilities. It will also report any suspected violations of federal child abuse and child exploitation laws to federal authorities, and the federal government will review its proposed program for training employees to report federal crimes.

The archdiocese agreed to continue to audit parishes and schools for implementation of child protection programs and to finance a committee of specialists to study the effectiveness of child protection programs. It will be report publicly on its efforts to improve child protection policies every six months for three years. Finally it waived the statute of limitations so that if it does not implement the agreement, the federal government can still prosecute. Both sides say that the agreement does not intrude into prohibited separation of church and state.

Constitutionality of Indonesia's Ban On Proselytizing Children Challenged

The Jakarta Post reports that on Friday Indonesia's Constitutional Court began a hearing on a challenge to the constitutionality of Article 86 of the Child Protection Law that bans adults from teaching or promoting their religion to children of different faiths. The suit was filed by a former priest who heads the Christian-based Prosperous Peace Party (PDS).

Finnish Court Finds "Flamer" Guilty of Disturbing The Practice of Religion

In Finland, a court has found a man guilty of disturbing the practice of religion after he repeatedly "flamed" participants in an Internet chat room devoted to religious topics. For over six months he sent messages to Suomi24.fi-- some meaningless strings of characters and others associating religious topics in a perjorative fashion with sexual acts and terms. Finnish law prohibits public blasphemy and publicly mocking or demeaning matters or institutions held sacred by churches or religious denominations. (Background.) The court imposed 50 income-linked day-fines, required him to pay compensation to the chat room site owners, and forfeited his computer to the state. Helsingin Sanomat reported on Nov. 10 on the case. The court rejected defendant's claim that, in sending the messages, he had had no intent to offend. It held that his behavior went beyond an acceptable exercise of freedom of speech. [Thanks to Denis N. Magnusson via Cyberprof listserv for the information.]

2005 Thanksgiving Proclamation

Earlier today, President George W. Bush issued a Proclamation declaring Thursday a National Day of Thanksgiving (full text). The Proclamation, in part, says: "We give thanks to live in a country where freedom reigns, justice prevails, and hope prospers. We recognize that America is a better place when we answer the universal call to love a neighbor and help those in need. May God bless and guide the United States of America as we move forward." It then continues: "I encourage all Americans to gather together in their homes and places of worship with family, friends, and loved ones to reinforce the ties that bind us and give thanks for the freedoms and many blessings we enjoy."

9th Circuit Dismisses Challenge To School's Islamic Role-Playing Exercise

On Thursday, in Elkund v. Byron Union School District, the U.S. Ninth Circuit Court of Appeals affirmed the district court's dismissal of a challenge to elementary school role playing activities that were designed to acquaint students with Islam. (See prior posting.) The court held that the activities were not overt religious exercises that raised Establishment Clause concerns. It also affirmed the district court's findings granting defendants qualified immunity and finding that certain of the plaintiffs lacked standing. In reporting on the decision, an article from the Contra Costa Times quoted plaintiffs' attorneys as saying that the ruling was "an opinion without any precedent." An attorney for the school, however, said that she was "delighted the school district got this matter behind it" and could "move on with the business of educating children."

Boston Court Refuses To Dismiss Challenge To Sale of Land To Mosque

The Jewish Advocate reported Friday that in Boston, a Suffolk Superior Court judge denied defendants' motion to dismiss a lawsuit charging the city of Boston with violating the separation of church and state in selling land to the Islamic Society of Boston for a mosque in Roxbury. The suit claims that the Boston Redevelopment Authority sold a parcel of land adjacent to Roxbury Community College to the Islamic Society of Boston for less than a quarter of its assessed value. According to the sale agreement signed by the BRA and the ISB, in exchange for the reduced price, the ISB is to provide an Islamic speaker series and other services. The suit claims that this arrangement amounts to an unconstitutional subsidizing of religion. (See related prior posting.)

Papal Astronomer Supports Evolution

The Rev. George Coyne, the Jesuit director of the Vatican Observatory, has weighed in on the controversy over teaching Intelligent Design according to a report yesterday from the Associated Press. His remarks give strong support to the teaching of evolution and to its consistency with religious doctrine. He said, "Intelligent design isn't science even though it pretends to be. If you want to teach it in schools, intelligent design should be taught when religion or cultural history is taught, not science." Earlier, in an article in the British Catholic magazine, The Tablet, Coyne said "If they respect the results of modern science, and indeed the best of modern biblical research, religious believers must move away from the notion of a dictator God or a designer God, a Newtonian God who made the universe as a watch that ticks along regularly." The Vatican Observatory, which Coyne heads, is one of the oldest astronomical research institutions in the world,and is based in the papal summer residence at Castel Gandolfo. [Thanks to Joel Sogol via Religionlaw listserv for the information.]

NY Anti-Discrimination Exemption For Religious Groups Does Not Cover Harassment

The Washington Blade yesterday reported on a case from New York City in which a Salvation Army social worker sued for discrimination, claiming his supervisor harassed him because he is gay and Jewish and then fired him when he complained. A New York state trial judge has ruled that while state and city civil rights laws allow religious groups to give employment preference based on religion and to promote their religious principles, "those limited exemptions for religious organizations are a far cry from letting them harass their employees and treat the employees in an odiously discriminatory manner during their employment, and to use derogatory expressions toward the employees."

Church Group To Oversee Community School Program

In Peoria, Illinois, establishment clause questions have been raised about an arrangement between local schools and Community Builders, an organization of local churches. Today's Peoria Journal Star reports that Community Builders will oversee the effort to turn three public schools into "full service community schools." The schools will provide community services and programs at night and on weekends, with details to be determined by residents, parents and children. School district attorney David Walvoord doesn't believe the relationship is illegal. He plans to draw up a contract that specifically prohibits religious activities such as preaching or prayer. District Superintendent Ken Hinton said church groups that volunteer at schools always leave their beliefs at the door. He believes Community Builders will do the same.

Sunni Prisoners May Proceed With Free Exercise Claims

In Abdullah v. Wisconsin Department of Corrections, 2005 U.S. Dist. LEXIS 27999 (ED Wis., Nov. 2, 2005), a federal district judge allowed Sunni Muslim prisoners to proceed with free exercise and equal protection claims alleging that prison officials denied their requests for various religious articles essential to their Sunni Muslim faith. These included prayer oil, non-pork soap, a turban/scarf, a silver ring bearing the name of Allah, a "Thwab (long shirt/robe," a "Miswak (toothstick)" and "Khuffs/Khuffayn (Leather socks)." They also claimed they were denied "special food for religious observance" and a religious diet. Finally, plaintiffs asserted that they were refused permission to hold a religious service separate from the rival Nation of Islam sect, and were denied an inmate-led study group.

Free Exercise Claims To O'Hare Expansion Rejected

In St. John's United Church of Christ v. City of Chicago, 2005 U.S. Dist. LEXIS 28072 (ND Ill., Nov 11, 2005), the federal district court reject challenges under the Free Exercise Clause and RLUIPA to Illinois' O'Hare Modernization Act (OMA). The challenged section amended the Illinois Religious Freedom Restoration Act to provide that "nothing in this act limits the authority of the City of Chicago to exercise its powers under the O'Hare Modernization Act for the purposes of relocation of cemeteries or the graves located therein."

The court held that the OMA is a neutral and generally applicable law. It concluded that the provision is "rationally related to the legitimate government objective of expanding and improving O'Hare. To be sure, the passage of §30 was an inartful way to anticipate (and head-off) attempts to use the Illinois RFRA to block O'Hare expansion. Nevertheless, it is clear that the provision was not enacted to single out cemeteries for invidious treatment, but rather to preclude the argument that any cemetery would be entitled to more favorable treatment than other properties in the path of O'Hare expansion." The court also rejected plaintiffs' RLUIPA challenge, finding that the city's authority to acquire land for the airport expansion is not a land use regulation. It also rejected plaintiffs' equal protection claim.

Yesterday's Chicago Sun Times reported on the decision, pointing out that additional litigation over the O'Hare expansion is pending in the D.C. Circuit. (See related prior posting.)

L.A. Archdiocese Loses Religious Liberty Defenses

The Associated Press yesterday reported on two California court decisions rejecting religious freedom defenses asserted by the Catholic Church. In one, the California Supreme Court required the Archdiocese of Los Angeles to turn over the personnel files of two former priests accused of molestation. In a separate case, Judge Haley Fromholz, supervising a global settlement of more than 550 civil lawsuits against the Archdiocese, held that a monsignor must cannot assert "clergy privilege" to avoid revealing in depositions whether or not he heard confessions of a deacon accused of sexual abuse. The Church argued that all communications between a priest and a bishop are privileged. Fromholz responded, "The penitential privilege protects 'a communication made in confidence.' It does not prohibit the disclosure of the fact that the communication occurred."

More On Alito's Church-State Decisions

NPR's Barbara Bradley Hagerty yesterday on All Things Considered reported on Judge Samuel Alito's Third Circuit church-state opinions. The report is titled For Alito: The More Religion, The Better. An audio replay of her report (4.5 minutes) is available online.

Gov. Bush Has Alternative For Vouchers

A challenge to the constitutionality of Florida's two school voucher programs is pending in the Florida Supreme Court. One program allows students in failing schools to attend private schools, including religious ones. The second program provides similar vouchers to disabled students. Now the Orlando Sentinel reports that Governor Jeb Bush is preparing a backup plan to keep voucher students in these schools if the programs are struck down as being in violation of Florida's constitution. Bush's plan would call for corporations to grant scholarships to students, and get the cost of the scholarships back through state tax credits. This would avoid direct transfers of state funds to parochial schools.

Judge Upholds Renting School Space For Sunday Church Services

A federal judge has ruled that New York City must allow religious groups to rent space for their meetings in public schools after classes and on weekends. On Wednesday, Federal District Judge Loretta A. Preska made permanent a preliminary order that she had issued in July 2002. (See related prior posting.) In The Bronx Household of Faith v. Board of Education, 2005 U.S. Dist. LEXIS 28138 (SDNY, Nov. 16, 2005), she finds no Establishment Clause problem withThe Bronx Household of Faith meeting for worship for four hours every Sunday at Bronx Public School 15. Reporting on the decision, today's New York Times said that Judge Preska found that the Christian group, besides its religious services, was also engaged in community activities such as singing and socializing, so barring it from the public school building on Sundays would violate its right to free expression.

Petitioners Support Military Chaplains Praying "In Jesus Name"

Religion News Service yesterday reported that Jay Sekulow, chief counsel of the American Center for Law and Justice, has obtained over 80,000 signatures on a petition asking President Bush to issue an executive order to allow chaplains to pray in public according to their religious beliefs. Sekulow said that currently chaplains feel "muzzled" because of developments including pending litigation and new Air Force guidelines. The Department of Defense tells chaplains to be cognizant of the pluralistic military environment. 74 members of Congress have also written the President on the issue, saying, "Praying in the name of Jesus is a fundamental part of Christian belief and to suppress this form of expression would be a violation of religious freedom." (See related prior posting.)

Rob Boston, spokesman for Americans United for Separation of Church and State said that Sekulow's petition drive is just "a fund-raising ploy". He said, "This is being portrayed as an attack on Christianity when, in fact, all we're really asking for is that the Air Force respect and accommodate all religious beliefs within its ranks and not extend preference to a group that happens to be the majority. " Sekulow, on the other hand, said, "I think it's one of the most significant issues of religious freedom in our country. You've got chaplains afraid to say 'in Jesus' name.' ... They're fighting for freedom abroad and this is a basic fundamental freedom here."