Wisconsin City Opens Square For December Religious Displays

Racine, Wisconsin's city council last week decided to deal with Christmas by opening the town square for a coalition of churches to put up a nativity scene, and similarly allowing other religious groups to erect their displays during the same 4-week period around Christmas. Yesterday's Racine Journal Times reported that the 14-1 city council vote (that must be repeated next month because of a noticing error) repudiates attempts by a local man to get the city itself to put up a creche.

Court Approves New Trust Terms To Privatize FLDS Property

The Salt Lake City (UT) Deseret News reports that in a long-awaited move, a Utah judge on Wednesday signed an order reforming the terms of the UEP Trust that was set up by Warren Jeffs, former leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, to hold the property on which his church members-- many of them in polygamous relationships-- lived. The court's plan will ultimately privatize property in Hildale, Colorado City, and Bountiful, British Columbia, and will create "spendthrift" trusts to temporarily place UEP's assets under the control of a trustee. To avoid involving the new trust in illegal activity, it will not inquire whether anyone living on UEP land is practicing polygamy. Authorities fear, however, that FLDS members will resist the changes as their former leader Warren Jeffs has urged. (See prior related posting.)

Florida Appeals Court Again Orders Release of Convicted Midwives

Last week a Florida trial judge essentially defied the ruling of a state court of appeals and refused to release on bond two women who had been convicted of acting as midwives without a license. The court of appeals had held that the women had a reasonable religious freedom defense, and so were entitled to bond pending appeal. (See prior posting.) Yesterday in McGlade v. State of Florida, (FL Ct. App., Oct. 25, 2006), the court of appeals again held that the women were entitled to be released on bond and appointed a different judge as the court of appeals' commissioner to recommend appropriate conditions for the post-trial release of the women. Today's Sarasota (FL) Herald Tribune reports on the court's decision.

Mississippi: Differential Penalties Create No Establishment Problem

In Dimaio v. State of Mississippi, (MS Ct. App., Oct. 24, 2006), a Mississippi court of appeals this week found no Establishment Clause problem with state statutes that set the penalty for burglary of a place of worship at twice the length of the penalty for other burglaries. The court said: "The fact that the statutes in question provide harsher penalties for crimes committed in places of worship does not amount to government endorsement of religion. Rather the harsher penalties reflect a common view that crimes committed in places of worship are more repugnant to the community. Accordingly, we find it unnecessary to conduct a full Lemon test analysis, since it is clear from the face of the statutes that they do not represent government endorsement of religion."

Governments Focus On Jewish Divorce Issue

Should government assist Orthodox Jewish women whose husbands have refused to grant them a religious divorce ("get")? Known as an "agunah", a woman who has not received a get from her husband is precluded from remarrying under Jewish law. In Canada, the Supreme Court has agreed to hear an appeal in a case of a woman seeking damages from her husband for withholding a get. Before they married, Jessel (Jason) Marcovitz of Montreal signed an agreement that if a civil divorce was granted in his marriage to Stephanie Bruker, he would appear before a rabbinic court to grant his wife a get. When Jessel refused for 15 years to carry out this agreement, Stephanie sued in civil court. The trial court awarded Stephanie $47,500 in damages for breach of contract. However in September 2005, a Quebec appellate court held that civil courts could not enforce a contract that requires an individual to engage in a religious act. (See prior posting.) Today's Canadian Jewish News reports that the Canadian Civil Liberties Association is intervening in the appeal to the Supreme Court because of the importance of the case in deciding how religious practices and obligations are treated by the courts.

Meanwhile, in Israel a committee of the Knesset has created an advisory committee that will focus on the plight of the agunah. Arutz Sheva reported yesterday that the parliamentary Committee for the Advancement of Women has created the committee to consult with the Chief Rabbinate, rabbinical courts, advocacy organizations and Knesset members.

Accommodating Muslims Seen By Some As Anti-Christian

At various places around the United States, arguments are beginning to surface that attempts to accommodate Muslims in fact amount to anti-Christian discrimination. Cincinnati, Ohio's WCPO yesterday reported that some Mason, Ohio residents complained that Mason High School was discriminating against Christian students when it made noon-time office space available to two Muslim students during Ramadan so that they could avoid being in the cafeteria while they were fasting. A Mason school board member argued that this was part of a pattern of forcing Christianity out of the school hallways. Other examples she cited were the renaming of "Easter Break" as "Spring Break"and the banning of nativity scenes on school property.

Meanwhile, the Thomas More Law Center objected to sensitivity training regarding Ramadan given to U.S. military personnel in Iraq. Agape Press yesterday reported that Edward L. White III, trial counsel for the Center, says that the courts, the schools, and even the military are favoring religions that do not represent the values and traditions of America.

Polygamy In Canada and U.S.-- New Perspectives

Canada's Department of Justice has recently issued a report titled Polygyny and Canada's Obligations under International Human Rights Law. [Note: "Polygyny" is the correct technical term when referring only to men taking multiple wives. The more common term "polygamy" encompasses both polygyny and polyandry.] Described in the Oct. 25 issue of Today's Family News, the report, written by University of Toronto law professor Rebecca Cook, contends that Canada is violating international human rights law by failing to enforce its legal prohibitions on polygyny. In particular, various human rights treaties to which Canada is a party prohibit discrimination of any kind against women. Responding to the argument that the prohibition of polygamy would violate the protection of religious freedom found in Canada's Charter of Rights and Freedoms, the report noted the distinction between regulating beliefs and regulating religious practices: "While Canada is not entitled under international law to restrict religious belief, it is entitled and in fact obliged in some circumstances to restrict religious practices that undermine the rights and freedoms of others."

Meanwhile in Utah, Communities In Harmony-- an organization of groups that practice polygamy-- has sent out questionnaires to candidates running for political office in Utah seeking their views on polygamy. The organization then rated the candidates for Congress, the Utah Legislature, the judiciary and Salt Lake County district attorney as either "open minded" or "negative". A report by the Associated Press yesterday says many candidates failed to respond to the poll. Wednesday's Salt Lake Tribune also has a story on the poll, and has linked to the Voter Guide online.

Idaho City Will Vote On 10 Commandments Display

In the upcoming November 7 election in Boise, Idaho, voters will be asked to cast ballots on a referendum to approve building a new Ten Commandments monument in the city's Julia Davis Park. KBCI2 TV News yesterday reported that the Interfaith Alliance of Idaho, made up of local leaders from Islamic, Buddhist and several Christian denominations, gathered on the steps of city hall to announce their opposition to the new monument. For some of them, the concern was that the move would open the park for other monuments as well. Others articulated religious arguments against placing the monument on public property.

Prince Charles Wants Second Interdenominational Coronation

According to a report yesterday from This Is London, Britain's Prince Charles wants to make changes in the traditional coronation ceremony when he becomes king. Some time after the formal Christian coronation ceremony in Westminster Abbey, Charles wants a separate interdenominational ceremony in Westminster Hall to acknowledge Britains of other religious faiths. This is consistent with a proposal made some month ago by Lord Carey, the former Archbishop of Cantebury. Prince Charles also rejects the precedent created at his mother's Coronation when television cameras were required to withdraw during certain sacred parts of the Coronation ceremony.

Conflict of Interest Charges In Wake of Christian Band Dispute

An article in this morning's Toledo (OH) Blade reviews the complex aftermath of what began as a straight-forward church-state dispute over the appearance of a Christian rock band at a Rossford, Ohio high school assembly. After Rossford school administrators cancelled the band's performance, fearing church-state problems, the band unsuccessfully sued in federal district court alleging religious discrimination. An appeal to the 6th Circuit is pending, but a divided Rossford school board voted not to spend money to defend its position in the appeal. School Superintendent Luci Gernot, however, opposes entering any settlement with the band, known as Pawn.

Whatever the outcome of the litigation, all of the publicity has been good for the band. It is getting more gigs and charging more for each appearance. Meanwhile the controversy has led to charges of conflict of interest among school board members. The father of band member Kyle Kleeberger-- who was also until recently the band's unpaid manager-- is on the Rossford school board. Kyle did not join in the band's lawsuit, but his father, David, has continued to vote on issues concerning the band. Michael Spahr was a member of the school board until recently. His son had been a member of Pawn until 2003. Meanwhile, the secular band that was picked to replace Pawn at the school assembly was Blind Ambition-- a group led by Kevin McAlear, whose father Mike managed the band and was also a member of the Rossford school board.

Richard Hotz, a former Rossford school board member, said: "The matter was never a religious issue to begin with - it was more about David Kleeberger wanting his son's band to get exposure." Kleeberger denied this, saying his goal was to "open religious thought" to the school.

Rally Supports Tennessee School's Religious Activities

In Mt. Juliet, Tennessee, 800 people turned up yesterday for a prayer rally to support Lakeview Elementary School and the Wilson County School District. The school is defending a suit brought by the ACLU challenging religious activities such as the "Praying Parents" group that meets in the school cafeteria during school hours and drops off fliers in classrooms to let children know the group has prayed for them. (See prior posting.) The Tennessean reports that yesterday's rally caused a 2.5 mile traffic jam. Today's Tennessean interviewed Stephan and Susan Scappaticci, parents who attended the rally. Stephan said: "we're very pleased that our children are in a school with a largely Christian staff and Christian parents who are praying." And Susan added: "We don't feel they have done anything to indicate that they're Christian other than showing kindness and things that anybody could promote, things that make the world a better place and that has a better place to have a positive effect on our children."

"Eruv" Project Faces Environmental Concerns

The California Coastal Commission finds itself in the middle of an unusual conflict between Orthodox Jews and environmentalists, according to an AP story carried yesterday by the San Diego Union-Tribune. Families that attend an Orthodox synagogue on Venice Beach's boardwalk are seeking permission to build an eruv, a symbolic enclosure that would permit them under Jewish law to carry objects and push strollers and wheel chairs to synagogue on the Sabbath when various activities otherwise are prohibited. The $20,000 project would entail stringing 200-pound test fishing line along four miles of beach front between lamp posts and steel poles above 19 welcome-to-the-beach signs. A major problem, however, is that the line would run near a nesting area for dozens of endangered California least terns. Proponents suggest hanging reflective streamers on the string in this area so the birds will not run into it.

Mark Massara, director of the Sierra Club's California Coastal Program, criticizes the proposal that he says allows public property to be used for religious purposes. Coastal Commission staff is considering approval of the eruv for a three-year trial period.

Court Invalidates Canada's Definition of Terrorism

Yesterday, an Ontario Superior Court of Justice decision struck down a key provision in Canada's anti-terrorism law. In Queen v. Khawaja, (Ont. Super. Ct. Justice, Oct. 24, 2006), Justice Rutherford held that the law's definition of "terrorist activity" violates Sec. 2 of Canada's Charter of Rights and Freedoms that protects freedom of religion, thought, belief, opinion, expression and association. The provision at issue, Sec. 83.01(1)(b)(i)(A) of Canada's Criminal Code limits prohibited conduct to activity that is undertaken "in whole or in part for a political, religious or ideological objective or cause". The court said that this definition will focus investigative and prosecutorial scrutiny on political, religious and ideological beliefs and will have a chilling effect on the exercise of protected rights. Relying on writings by academics, the court said that this definition will lead to "the shadow of suspicion and anger falling over" those connected with groups identified with particular terrorist acts.

The court pointed out that one of the purposes of the clause in question was to limit the range of activities that would otherwise be covered by the act. However, the court said, this justification is outweighed by the freedoms-infringing impact of the provision. The court held that the act should be applied as if this clause did not exist. The Toronto Globe & Mail, covering the decision yesterday, pointed out that it will likely make it easier to obtain convictions under the act. Yesterday's New York Times article on the case quotes Lawrence Greenspon, lawyer for defendant Mohammed Momin Khawaja, a Canadian-born software developer who was charged in connection with a bomb plot, as saying that the definition of terrorism as a politically or religiously motivated crime has led to abuses by police and intelligence officers. He added, "That's why they're knocking on Muslim Canadians' doors and questioning and detaining people who are Arab or followers of Islam."

Newdow's Libel Suit Survives SLAPP Motion

Yesterday in Newdow v. Miles, (CA Ct. App., Oct. 24, 2006), a California appellate court rejected a motion to dismiss a libel action filed by Michael Newdow against Austin Miles, an"interdenominational chaplain", growing out of statements made by Miles in an Internet posting. Miles claimed that Newdow committed perjury in Newdow's lawsuit challenging the constitutionality of the phrase "under God" in the pledge of allegiance. Newdow says that the testimony attributed to him was fabricated by Miles. Miles moved to dismiss the lawsuit under California' SLAPP law that is designed to prevent using defamation actions to silence speech on controversial public issues. The court found that Newdow had made a sufficient prima facie showing of facts that support his claim to avoid dismissal under the statute. [Thanks to How Appealing for the lead.]

Intelligent Design An Issue In Iowa Lt. Governor Race

In Iowa, the teaching of Intelligent Design in public school science courses has become an issue in the race for Lieutenant Governor. Today's Des Moines Register reports that Republican Lt. Gov. candidate Bob Vander Plaats has publicly supported the teaching of intelligent design along with evolution in public schools. 35 faculty, students and others from several Iowa universities have signed a letter sent to the media opposing Vander Platts' position. Drafted by Hector Avalos, a religion professor at Iowa State University, the letter says: "we see intelligent design as a faith-based claim that is being misrepresented as a scientific one."

Nuns Risk More Jail For Refusing To Pay Restitution To Air Force

In Denver, Colorado, a federal judge has rejected a proposal by three nuns that they be excused from paying restitution to the U.S. Air Force for damage they caused in a demonstration against U.S. nuclear policy. According to this week's Denver Post, Sisters Ardeth Platte, Carol Gilbert and Jackie Hudson, who have already served substantial prison time for obstructing national defense and damaging government property, seek to engage in community service work instead of paying $3,082 for the damage they caused in cutting through a chain link fence at a missile silo. The nuns object on conscientious grounds to paying any money to the military because of the uses the military would make of the funds. That refusal may mean they are returned to jail. [Thanks to How Appealing for the lead.]

Intelligent Design An Issue In Ohio School Board Races

This morning's Toledo Blade covers the somewhat differing views on the teaching of intelligent design held by the four candidates running in a non-partisan contest for a vacant north-central Ohio seat on the State Board of Education. John Bender (a registered Democrat) believes that intelligent design has no place in science classes. He is supported by outgoing term-limited board member Martha Wise. Candidate Roland Hansen, an independent, favors alternatives to evolution being taught in optional courses. Candidate Ken Ault says he is undecided on the issue. And candidate Kathleen McGervey, a registered Republican and former parish religious school teacher, says: "The scientific facts that support evolution should be taught and the scientific facts that call it into question should be taught and it should be done in science [classes] because they are scientific arguments."

Five of the eleven elected seats on the 19-member board are being decided in next month's election, and intelligent design is an issue in other districts as well. (See prior posting.) Intelligent design has been hotly debated in recent years by the state board.

Dispute At U of Tennessee On Student Funds For Christian Band

At the University of Tennessee at Martin, a controversy has erupted over the use of Student Activities Council (SAC) funds to sponsor last night's concert by the Christian band Sonicflood. Today's issue of The Pacer reports that the band was brought to campus after student government president James Orr encouraged the campus ministries to request SAC sponsorship of the program. Adam Francis, a senior philosophy major, questioned the constitutionality of using $10,000 of student funds for the concert by starting a group on the social networking website Facebook captioned "Why is UTM using my money to book a Christian band?"

RLUIPA Dispute Brewing Over Expansion of California Synagogue

Yesterday's San Francisco Chronicle reported on a threatened lawsuit under RLUIPA in a dispute over the expansion of the sole synagogue in wealthy Marin County, California. In May, the Town of Tiburon Planning Commission denied congregation Kol Shofar's application for a conditional use permit. (Minutes of May 10 and May 31 Commission meetings.) An appeal to the Town Council followed, and a decision is expected on Nov. 15. The building expansion, which may cost up to $15 million, is opposed by neighbors who claim it will increase traffic and noise and provides inadequate parking. [Thanks to both Eric Rassbach and Steven H. Sholk for sending information on this.]

UPDATE: Wednesday's San Francisco Chronicle reports on the hearing held Tuesday night by the Tiburon Town Council to discuss the Planning Commission's recommendation. The hearing pitted two high profile First Amendment lawyers against each other. Derek Gaubatz, director of litigation for the Becket Fund represented Congregation Kol Shofar, while law professor Marci Hamilton represented the synagogue's neighbors who are objecting to its expansion plans.

President's Statement On Eid al-Fitr

Yesterday the White House released a statement by President Bush extending best wishes to Muslims in the United States and around the world who are celebrating Eid al-Fitr, the end of Ramadan. The White House website has a page devoted to Ramadan, which also contains links to the President's statement on the beginning of Ramadan and his statement at an Iftaar dinner at the White House on Oct. 16.