Christian Exodus Movement Attracts Few Supporters

The Christian Exodus Movement seems to be losing steam. The Greenville, SC News reports today that only 94 people attended the group's convention this weekend. The 2-year-old group seeks to convince enough like-minded people to move to South Carolina so it can take political power and transform government to reflect Christian values. (See prior posting.) Only six families, made up of 14 adults and 20 children, have moved to Christian Exodus' two target counties, though the group's leaders say it is getting unexpected support from local residents. Founder Corey Burnell said that the group's first candidates will probably run next year with a 10-year goal of seizing the Legislature. But its initial focus will be on county and city councils, sheriff's races, and school boards. He also indicated that the group hopes to make property ownership a prerequisite for voting. Burnell also said that with national power, Christian Exodus would seek to determine whether the 14th, 16th and 17th amendments to the U.S. Constitution were "ratified properly, and if not, put them up for proper ratification."

Court Upholds Size Limits For Church Building

In Vision Church v. Village of Long Grove, 2005 U.S. Dist. LEXIS 23493 (ND Ill., Oct. 7, 2005), an Illinois federal district court rejected Vision Church’s challenge to the denial of its application for a special use permit to allow construction of a church complex on its property. The Church, comprised mainly of America-born Chinese, projected that its membership would grow rapidly. However, the Village’s Public Assembly Ordinance limited the size of the Church’s building to 55,000 square feet, far smaller than the Church’s proposed building. The court rejected Establishment Clause, Free Exercise Clause, RLUIPA, Equal Protection Clause and other claims raised by the Church, and granted the Village’s motion for summary judgment on all claims.

First Edition of "The Bloudy Tenant" Discovered

A rare 1644 First Edition of Roger Williams, The Bloudy Tenent, has been discovered in the collection of the Rhode Island Historical Society according to a report in today’s Providence Journal. The book sets out Williams’ theories of religious liberty and freedom of conscience. It speaks of the need for a sturdy fence separating the sacred and the secular, and calls for an end to people being persecuted for their religious beliefs. Williams was banished from Massachusetts for his radical views. Karen Eberhart, the Historical Society’s Library Director, said that the newly discovered volume is in good shape because it was printed on paper made from cotton, rather than wood.

WI Governor Vetoes Bill Allowing Doctors Religious Objections

The Milwaukee Journal Sentinel today reports that Wisconsin Gov. Jim Doyle on Friday vetoed for the second time a bill that would have protected physicians, nurses and other medical professionals who refuse on moral or religious grounds to participate in medical procedures such as assisted suicide, euthanasia and the destruction of human embryos. The bill, A.B. 207, contained no exception for cases in which the patient’s health or life is in danger. Also there were no provisions to require the health care professional to advise patients of treatment options or to provide a referral for the patient. In his veto message, the Governor expressed special concern about the impact the bill would have in rural areas and said that the bill would put the political views of doctors ahead of the best interests of patients.

Christian Groups Urge Support For Digital TV Multicast Must-Carry Provision

Christian religious groups and Christian broadcasters are urging their followers to contact members of Congress to encourage them to support Multicast Must Carry in the Digital TV bill that is about to be introduced into Congress. This release by Trinity Broadcasting Network is typical. Last week the Christian Coalition of America held a news conference to explain the issue.

The Chairman of the House Committee on Energy and Commerce, Congressman Joe Barton, (R-TX), and Senator Ted Stevens, Chairman of the Senate Committee on Commerce, Science and Transportation are about to introduce digital television legislation. It is believed that the House Chairman opposes inclusion of a "Multicast Must-Carry" provision which would create the level playing field that religious broadcasters need in order to survive in the digital television environment.

The federal government's mandate for all television stations to convert from analog to digital technology has opened the door for broadcasters to offer more than one channel to their viewers. Conservative, faith-based and family friendly broadcasters will be able to offer up to six channels in each city that they operate in.... "Multicast Must-carry" is the only means for ensuring the ability of the Christian broadcasters to get these new channels on digital television.... The cable companies do not readily carry the Christian networks, so this "Multicast Must-carry" law will force cable and satellite companies to put these new faith and family networks on their service.

Dover Trial Drags On; Students Nonplused

The Dover Pennsylvania trial pitting proponents of intelligent design against those who argue that only evolutionary theory belongs in science classes drags on. The trial, challenging a statement questioning evolution that was to be read to all biology students, began on Sept. 26. (See prior posting.) Full transcripts of each day's testimony are available online, as is extensive coverage at Speaking Freely, a special blog set up by the ACLU of Pennsylvania. Meanwhile the York Pennsylvania Record this week interviewed a number of students in the Dover school district. They tend to have a bit more perspective, perhaps, than those more directly involved in the fray:

"It's only two sentences," said Tyler Shumaker, a ninth-grader. "It's a real short statement. It isn't going to kill anyone to listen to it." Though he doesn't believe the school should be teaching anything in the statement because he considers it religion, he said they can do what they want. He hasn't heard the statement yet, and he doesn't plan on opting out.

Megan Pfleiger, a 10th-grader, didn't opt out last year, and said, "I thought it was no big deal."

Jonathan Shreve, a senior who didn't hear the statement in class, said, "Personally, I think it's a lot over a little sentence. I know for evolution my class only spent five minutes on it."

Town Official Refuses To Remove "God Bless America" Banners

Yesterday, the Associated Press reported from Lindenhurst, New York, a Long Island town supervisor rejected requests to take down two signs reading "God Bless America". One of the signs is an 11-foot banner on the front of Babylon town hall reading "Thank You to Our Troops, God Bless America." The second, reading "God Bless America," is on one side of a two-sided sign that also serves as a community calendar. Babylon Town Supervisor Steve Bellone said, "God Bless America is practically our second national anthem and a sacred American motto. I am confident that our display of these signs is not offensive to the Constitution, and therefore I will not remove them."

PrawfsBlawg On Miers Nomination and Religious Issue

Over on PrawfsBlawg, Paul Horwitz has a long and interesting post on the role of religion in the Harriet Miers Supreme Court nomination. Here is his summary of his longer discussion:

Properly speaking, there is no religious test problem here; more broadly, events surrounding this nomination raise questions about transparency and cynicism and make clear that clumsy treatments of the intersection between religion and law are not the sole province of the left, or of the non-religious; and I am disappointed that the Becket Fund, which embraced a broad view of the Religious Test Clause where religion is a disqualification for judicial office, has not been equally liberal in its views of whether religion may permissibly serve as a qualification for judicial office.

Recent Publications Of Interest to Religion Clause Readers

Matthew J. Brauer, Barbara Forrest & Steven G. Gey, Is It Science Yet? : Intelligent Design, Creationism and the Constitution, Spring 2005 Washington Univ. Law Quarterly. [From Dispatches From the Culture Wars blog.]

Jay D. Wexler, Intelligent Design and the First Amendment: A Response, Washington University Law Quarterly (forthcoming). [from SSRN]

Victor C. Romero, An "Other" Christian Perspective on Lawrence v. Texas, Journal of Catholic Legal Studies, Vol. 45, No. 1, 2005. [from SSRN]

An updated version of Steven H. Sholk's article, A Guide to Election Year Activities of Section 501(c)(3) Organizations, is in Practising Law Institute's course materials for "Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2005".

Biblical Quote In Courtroom Not Grounds For Reversing Death Sentence

In Malicoat v. Mullin (US Ct. App., 10th Cir., October 11, 2005), the 10th Circuit Court of Appeals rejected a claim of ineffective assistance of counsel raised by a habeas petitioner who had been convicted of murder and sentenced to death. One of petitioner's claims was that his counsel on direct appeal had been ineffective for failing to argue that a carving in the courtroom bearing the Biblical quotation "An Eye For An Eye And A Tooth For A Tooth" deprived him of a fair trial. Petitioner argued that display of the maxim throughout the trial amounted to an Establishment Clause violation. The Court of Appeals held that trial judge's refusal to cover the inscription was not a structural error, and that, as a result, counsel's failure to advance a structural error argument on direct appeal did not constitute ineffective assistance of counsel to petitioner.

Suit Claims Pro-Evolution Materials Online Violate Establishment Clause

In a reversal of usual roles, yesterday the Pacific Justice Institute announced that a parent, Jeanne Caldwell, is filing a federal lawsuit against the University of California at Berkeley and the National Science Foundation over religious statements on the “Understanding Evolution” website that was created with more than $500,000 in federal funding to promote the teaching of evolution. The website directs teachers to statements by seventeen denominations and groups that adhere to the doctrine that there is no conflict between their religious beliefs and evolution. World Net Daily reported today that the website also suggests various classroom activities that use religion to promote the teaching of evolution. The lawsuit alleges that through the website, the state and federal governments are promoting religious beliefs to minor school children in violation of the First Amendment.

U.S. Report on China Finds Religious Freedom Problems

The U.S. Congressional-Executive Commission on China announced the release of its 2005 Annual Report on Oct. 11. The findings in the human rights report report express continued concern over religious freedom in China. In part, the Report said: "The Chinese government continues to harass, abuse, and detain religious believers who seek to practice their faith outside state-controlled religious venues. Religious believers who worship within state-controlled channels are subject to government regulation of all aspects of their faith. In 2005, the government and Party launched a large-scale implementation campaign for the new Regulation on Religious Affairs to strengthen control over religious practice, particularly in ethnic and rural areas, violating the guarantee of freedom of religious belief found in the new Regulation."

Congress created the Commission in 2000 to monitor human rights and the development of the rule of law in China. It is made up of nine Senators, nine House members and five senior Administration officials appointed by the President. The Commission chairman in Nebraska Senator Chuck Hagel.

Ontario Labor Board Upholds Employee's Religious Exemption From Joining Union

Today the publication, Canadian Employment Law Today, discusses an interesting case decided earlier this year by the Ontario Labor Relations Board. Under Canadian labor law, the Labor Relations Board can exempt a worker from a requirement to join a trade union if the worker objects to doing so on religious grounds. This was the first application of the exemption provision to the construction industry. At issue was the sincerity of the worker's beliefs. The Board found that the employee adequately proved that he was entitled to an exemption.

The employee belonged to a fellowship of believers in Jesus Christ, called the Brethren. A central tenet of theirs is that the Bible permits only one assembly-- the believers of Christ. Membership in a union and all other associations violates this tenet of "separation". The employee also believed in the principle of master and bondsman, which also conflicts with belonging to a union. He owed a loyalty to his employer which would be disturbed if he belonged to a union and it acted on his behalf. The principal requires a direct relationship without a union or any other body as an intermediary. To depend upon a union would detract from his belief that salvation is only through Jesus Christ.

The decision, available in full online is Allan v. I.B.E.W., Local 586 (June 15, 2005).

White House Continues To Emphasize Miers' Religious Beliefs

President Bush continues to emphasize Supreme Court nominee Harriet Miers' religious beliefs. Here is an excerpt from his exchange with reporters today.

Q Thank you, Mr. President. Why do people in this White House feel it's necessary to tell your supporters that Harriet Miers attends a very conservative Christian church? Is that your strategy to repair the divide that has developed among conservatives over her nominee?

PRESIDENT BUSH: People ask me why I picked Harriet Miers. They want to know Harriet Miers' background; they want to know as much as they possibly can before they form opinions. And part of Harriet Miers' life is her religion. Part of it has to do with the fact that she was a pioneer woman and a trailblazer in the law in Texas. I remind people that Harriet Miers is one of the -- has been rated consistently one of the top 50 women lawyers in the United States. She's eminently qualified for the job. And she has got a judicial philosophy that I appreciate; otherwise I wouldn't have named her to the bench, which is -- or nominated her to the bench -- which is that she will not legislate from the bench, but strictly interpret the Constitution.

So our outreach program has been just to explain the facts to people. But, more importantly, Harriet is going to be able to explain the facts to the people when she testifies. And people are going to see why I named her -- nominated her to the bench, and she's going to make a great Supreme Court judge.

The Washington Post reports that earlier Family Research Council leader James Dobson had said that White House aide Karl Rove informed him in advance of the choice of Miers and assured him that "Harriet Miers is an Evangelical Christian, that she is from a very conservative church, which is almost universally pro-life, that she had taken on the American Bar Association on the issue of abortion and fought for a policy that would not be supportive of abortion, that she had been a member of the Texas Right to Life."

Prisoner Sues Over Revocation of Kosher Diet

The Rocky Mountain News today reports on a law suit filed in federal court against against the Colorado Department of corrections by an Orthodox Jewish prison inmate who lost 30 pounds while subsisting on peanut butter and crackers after he was barred from eating kosher food. The suit, filed by the ACLU, alleges that prison refused to let Timothy Sherline have kosher food for a year as punishment for allegedly violating dining hall rules by putting pats of butter and packets of salad dressing in his pockets. Prisoners needing special religious diets are required to sign an agreement that allows for the diet to be revoked for a year if the inmate commits two dining hall violations. Sherline had also been accused of buying non-Kosher food at the prison commissary, but he said that he purchased it as a gift for his cell mate.

Air Force Withdraws Code Permitting Limited Proselytizing By Chaplains

The Washington Post reported yesterday that the Air Force has withdrawn "for further review" a code of ethics for Air Force chaplains that endorses the practice of evangelizing service members who are not affiliated with any specific religion. That code is separate from the Covenant and Code of Ethics for Chaplains of the Armed Forces, drafted by the private National Conference on Ministry to the Armed Forces. The NCMAF Code contains a similar provision: "I will not proselytize from other religious bodies, but I retain the right to evangelize those who are not affiliated." The Air Force action comes shortly after the filing of a law suit by a Jewish Air Force Academy graduate, a parent of a current cadet, who claims that officers and cadets impose Christianity on others at the Academy. (See prior posting.)

10 Commandment Cases Won't Go Away

Last week, the ACLU of Oklahoma filed suit seeking the removal of a Ten Commandments monument that is on the court house lawn in Haskell County, Kentucky. The Associated Press reported Monday that the 8-foot, $2,500 monument, funded by local residents and church members, was erected last November after approval from the Haskell County Commission. It sits alongside other monuments honoring those who died in the Civil War, the Trail of Tears, World War I and World War II.

Dworkin Gives Lecture on U.S. Religion and Politics

Hamilton College's website yesterday reported on the Truax Lecture in Philosophy delivered October 10 by NYU Professor Ronald Dworkin. The lecture was titled "The New Religious Wars" and focused on religion in American politics. Extensive excerpts from his lecture are set out. His main thesis: there are two possible models for the U.S. Either a community that is committed to the principle of religion but respects people who choose not to practice a religion, or one that considers itself neutral about religion but is tolerant of people’s freedom to practice any religion they choose.

Cert. Denied In Claim of Wiccan To Deliver Opening Benediction

Yesterday, according to the AP, the U.S. Supreme Court denied certiorari in Simpson v. Chesterfield County Board of Supervisors. The 4th Circuit Court of Appeals had upheld Chesterfield County, Virginia's decision to bar a Wiccan spiritual leader from delivering the opening prayer at one of the county Board of Supervisors meetings. Clergy in the Judeo-Christian tradition were invited to deliver prayers at the meetings, but it was determined that Wiccans were ineligible to be included on the list of invitees. The Supreme Court, without comment, refused to review the case.

British Christians Still Fighting Religious Hatred Bill

CNS News reported yesterday that in Britain, Christians began three days of protest hoping to convince the House of Lords to defeat the Racial and Religious Hatred Bill passed by the House of Commons last July. A broad range of groups oppose the bill. Evangelical Christians are concerned about its impact on their freedom to share their faith or question the claims of other religions. Actors and comedians fear it will make mocking religious beliefs a crime. The bill outlaws any written material or public verbal comments "that are threatening, abusive or insulting [and] likely to stir up racial or religious hatred." Violations are punishable by a jail term of up to seven years. Existing race-hate laws provide protection to minorities on the basis of ethnicity, not religion. Jews and Sikhs are considered as ethnic as well as religious groups, and so enjoy legal protection. Muslims as a religious group, however, are not protected under current law.

In the House of Commons Wednesday, Prime Minister Tony Blair defended the proposed law. His remarks are reported by ePolitix.