City Gives Church Use Permit To Avoid Lawsuit

Antioch, California city council voted on Tuesday to grant a use permit to the congregation of La Palabra de Dios to move its church to a location within a planned arts and entertainment district. Today's Contra Costa Times says that council members agreed only reluctantly in order to avoid the cost of defending a federal lawsuit under RLUIPA that was threatened by church attorneys if the permit was refused. Lawyers for the church say the city was unfairly criticizing the congregation, arguing that the city's redevelopment plan for the area had not been successful.

Court Refuses To Dismiss Suit By Christian Schools Against UC

The Los Angeles Times reports that a California federal district court yesterday rejected the University of California's motion to dismiss the suit against them by Calvary Chapel Christian School of Murrieta, several of its students and an association of Christian schools. The suit alleges religious discrimination, as well as free speech and association claims, because the University refuses to recognize certain high school courses in science, English and history taught from a Christian religious perspective taken by college applicants. While the court agreed to dismiss claims against several university administrators in their individual capacities, it permitted plaintiffs to proceed with their First Amendment claims against the University. (See prior posting.)

En Banc Review To Be Sought In O'Hare Case

The Arlington, IL Daily Herald reports that trustees from both Bensenville and Elk Grove Village, Illinois on Tuesday decided to seek an en banc rehearing in the DC Circuit in Village of Bensenville v. Federal Aviation Commission. Earlier this week, the cities lost a bid to block the expansion of O'Hare Airport in a challenge under the Religious Freedom Restoration Act to the moving of a cemetery as part of the airport expansion. (See prior posting.)

New Jersey Supreme Court Expands Sexual Abuse Liability Of Charitable Organizations

In a 5-1 decision yesterday, the New Jersey Supreme Court in Hardwicke v. American Boychior School, (Aug. 8, 2006) held that New Jersey's Charitable Immunity Act only bars claims based on simple negligence, and not those based on intentional, reckless or grossly negligent conduct. The court went on to hold that under the state's Child Sexual Abuse Act that a boarding school can be a passive abuser standing in loco parentis in the household. It held that the state's relaxed statute of limitations in child abuse cases applies to common law as well as statutory claims, and that an employer can be held vicariously liable for child abuse by its employees. Jurist reports on the case.

State Judge Admonished For Infringing Muslim Woman's Rights

Washington state's Commission on Judicial Conduct has reprimanded Tacoma Municipal Court Judge David Ladenburg, who ejected a Muslim woman from his court room after she refused to remove her headscarf. Yesterday's Seattle Times reports that the Commission found Ladenburg created an appearance of bias by his actions, and issued an "admonishment" to him. Ladenburg subsequently apologized to the woman. (See prior posting.) The Commission's full opinion issued on Aug. 4 says that the evidence showed no actual bias or prejudice by Ladenburg, but instead merely a mistake of law about the individual's free exercise rights. It said: "A judge's honest but mistaken application of the law does not usually result in judicial discipline. Here, however, Respondent failed to consider settled law, which resulted in a courtroom practice that infringed upon constitutional rights and created an appearance of bias. Accordingly, Respondent's actions rise to the level of sanctionable conduct." In the disciplinary proceeding, Ladenburg agreed not retaliate against anyone involved in bringing charges against him. He also agreed not to repeat his conduct, to study the judicial conduct rules and to take a course on cultural competence.

Aso Proposes Turning Shrine Into Secular Memorial

In Tokyo today, Japan's Foreign Minister Taro Aso joined the rising number of voices that are calling for the country to transform the controversial Yasukuni Shrine into a secular entity sponsored by the government. MCT reports on a detailed series of steps proposed by Aso to eliminate the religious nature of the shrine. In recent years, a number of court cases have challenged as a violation of church-state separation visits by Japan's Prime Minister to the Shinto shrine. The shrine is also controversial because among the war dead it honors are Japanese war criminals. (See prior posting.)

2nd Circuit Hears Arguments In Church Anti-Gay Billboard Case

Agape Press reports that in New York today, the U.S. Second Circuit Court of Appeals is hearing arguments in Okwedy v. Molinari. The case involves a challenge to action taken by the president of the Borough of Staten Island who wrote a billboard company urging it to taken down an anti-gay billboard advertisement posted by Keyword Ministries church. The billboard carried four versions of a verse from the Bible, Leviticus 18:22. The King James Version reads: "Thou shalt not lie with mankind as with womankind. It is abomination". The billboard was signed: "I AM your Creator." The Center for Law and Policy represented the church in a suit alleging, among other things, violation of free speech rights. Initially the district court dismissed the suit, but the Second Circuit in a 2003 opinion reversed as to the free speech claims. On remand, the federal district court again dismissed the suit and the church again appealed, leading to today's arguments.

Church Groups Lack Standing To Challenge Lethal Injection

A Montana federal district court yesterday held that two religious groups, as well as the ACLU, lack standing to pursue a challenge to the execution of convicted murderer David Dawson. The Montana Association of Churches and the Montana Catholic Conference claim that lethal injection can be so painful as to amount to cruel and unusual punishment. Dawson himself wants his execution to go ahead. Today's Great Falls Tribune reports on the judge's order.

Finnish Court Finds Religious Male Circumcision Illegal

In Finland, according to yesterday's Helsingen Sanomat, a trial court judge has found a Muslim mother guilty of assault for having her four-year-old son circumcised. The case was brought after the boy's father complained that he had not been consulted. The court held that the procedure, even though performed by a physician, amounted to an assault and that not even a long religious tradition justifies not protecting the bodily inviolability of the boy. The same principle that outlaws female circumcision was seen by the court as applying to males as well. The trial court imposed no punishment on the mother as the case moves to the Court of Appeals.

Recent Prisoner Cases

In Bloch v. Samuels, 2006 U.S. Dist. LEXIS 53732 (SD TX, Aug. 3, 2006), a Texas federal district court rejected the claims of a former inmate at a federal halfway house who was denied permission to leave the premises to attend daily Roman Catholic Mass.

In Balawajder v. Texas Dep't of Criminal Justice Institutional Division, (TX Ct. App., July 31, 2006), a Texas state appeals court reversed a trial court and decided that issues of fact remain in claims by a Hare Krishna inmate brought under the Texas Religious Freedom Restoration Act. The court held that issues remain as to whether the Department has a compelling interest in prohibiting additional storage space for religious materials, even though it allows it for legal and educational materials, and whether the it has a compelling interest to prevent the administrative burden of reviewing prisoners' eligibility for additional storage space for religious materials.

In Henderson v. Berge, (7th Cir., Aug. 3, 2006), the 7th Circuit Court of Appeals rejected a Taoist prisoner's Establishment Clause claim based on a Wisconsin prison's providing a satellite television channel broadcasting Christian programming, but not ones providing programming for other religions.

New Head Of White House Faith-Based Office Appointed

Almost unnoticed last week, President George W. Bush appointed a new head of the White House Office of the Faith-Based and Community Initiatives. He is Jay Hein. The White House's Aug. 3 announcement of the appointment said:

Mr. Hein is the President of the Sagamore Institute for Policy Research, a national think tank he founded that specializes in community-based reforms. Mr. Hein also serves as Executive Vice President and CEO of the Foundation for American Renewal, which provides financial grants and other support to community-based organizations and educates the general public on effective compassion practices.

"Jay has long been a leading voice for compassionate conservatism and a champion of faith and community-based organizations. By joining my Administration, he will help ensure that these organizations receive a warm welcome as government's partner in serving our American neighbors in need," stated President Bush.

Mr. Hein previously was Executive Director of Civil Society Programs at the Hudson Institute. Earlier in his career, he served as a Welfare Reform Policy Assistant to the Governor of the State of Wisconsin...

One of the few papers covering the appointment of the Indiana resident was the Indianapolis Star which said that White House officials discovered Hein when, at the suggestion of former Indiana Senator Dan Coates, they went to Hein for suggestions about other candidates for the job.

Planned Katrina Memorial Creates Church-State Issues

Last year's Hurricane Katrina has been the source of many controversies, and now, according to yesterday's New Orleans Times-Picayune, another one is brewing. This time it is over the memorial to the storm's victims being planned in St. Bernard Parish. The monument, which was authorized by the Parish Council, will feature a cross bearing a likeness of the face of Jesus. Two parish officials are co-chairing the memorial committee-- on their private time. Importantly, the site chosen for the monument-- the banks of the Mississippi River Gulf Outlet, a public waterway-- will be private property since erosion has eliminated the government-owned land that previously comprised the waterway's banks. And the monument is being financed with private donations.

The ACLU of Louisiana has protested. Its July 28 open letter to St. Bernard Parish President Henry Rodriguez said that either building a religiously neutral monument or moving the monument to private property would be acceptable. However the Times-Picayune article suggests that now the ACLU is arguing that even if the memorial is placed on private property, there was sufficient government involvement in authorizing it to create Establishment Clause problems.

Cardinal Says Basic British Document Supports Anti-Catholic Attitudes

In Scotland, according to today's Times Online, Catholic Cardinal Keith O'Brien has called on the British government to repeal the 300-year-old Act of Settlement that prevents Roman Catholics or those who marry them from ascending to the throne. He said that this constitutional document still describes Catholicism as "the popish religion" and calls Catholics "papists". Recently there have been high profile attempts to eliminate ugly anti-Catholic chants that Glasgow Rangers Football Club fans enjoy. The Scottish Parliament has created a working group on religious hatred. But Cardinal O'Brien argues that the anti-Catholic provisions enshrined in British law support the kinds of attacks that Parliament and soccer clubs are trying to eradicate.

Kentucky Schools Rediscovering Old Statute

According to Saturday's Lexington (KY) Herald-Leader, schools in Kentucky are rediscovering an old Kentucky statute (KRS 158.190) that provides "no book or other publication of a sectarian, infidel or immoral character, or that reflects on any religious denomination, shall be used or distributed in any common school." It also prohibits schools from teaching "sectarian, infidel, or immoral doctrine." Schools are adding the prohibitions to their official policy manuals. According to the paper's report, Kentucky courts have ruled that despite the reference to "sectarian" publications, the ban does not apply to the Christian and Hebrew scriptures. This presumably refers to the 1905 Kentucky Court of Appeals decision in Hackett v. Brooksville Graded School District, 120 Ky. 608 [LEXIS link] that rejected a claim that the King James translation of the Bible was a sectarian book.

School Board Wants Private Funds To Defend Jesus Painting

The Harrison County, West Virginia school board has agreed to defend the painting of Jesus at Bridgeport High School only if it can find non-government sources for the $150,000 anticipated cost of litigation before the Board's next meeting on August 25. Friday's State Journal reports that school board member Mike Queen, acting as a private citizen, is heading up the fundraising effort. In June, Americans United brought suit to challenge the painting that has been hanging in the school for at least 30 years. (See prior posting.)

Malaysia Ruling On Jurisdiction In Mixed Family Law Issue

Malaysia's Civil High Court in Kuala Lumpur has handed down a decision resolving one of the complexities stemming from the vesting jurisdiction over Islamic family law issues in Syariah courts., but jurisdiction of non-Muslim family law matters in civil courts. (Background.) On Friday, Sun2Surf reported on the case in which a Civil High Court ruled that it has jurisdiction over a complex custody matter. Aishah Abdullah is the mother of two children born out of wedlock. After the children were born, Aishah converted to Islam, but did not have her children converted. Since neither of the children (nor their father) is Muslim, Syariah courts would not have jurisdiction over the custody claim.

RFRA Challenge To FAA Approval Of O'Hare Expansion Rejected

The D.C. Circuit Court of Appeals today, in a case based on the Religious Freedom Restoration Act, eliminated a major hurdle that had been in the way of the expansion of Chicago's O'Hare Airport. In Village of Bensenville v. Federal Aviation Commission, (DC Cir., Aug. 4, 2006), the court rejected a petition challenging the Federal Aviation Administration's approval of an airport layout plan-- a necessary step in obtaining federal funding. The approved plan involved relocating the remains of those buried in a nearby cemetery. Members of a church that owned the cemetery and descendents of those buried in it argued that moving the remains would substantially burden their religious exercise because of their belief in the physical resurrection of the bodies of Christian believers. Relying on RFRA, the challengers insisted that the FAA was required by RFRA to show that the plan they approved was the least restrictive means of meeting the government’s compelling interests in reducing airport delay and enhancing airport capacity.

In a 2-1 decision, the majority held that the expansion plan that will impact the cemetery was developed and will be implemented by the city of Chicago. RFRA applies only to the federal government, not to state and local government action. FAA approval does not turn the city's implementation into into federal action. Judge Griffith dissenting argued that FAA approval of a plan that it screened, studied, chose and modified is enough to require the FAA to comply with RFRA.

In addition, the court the court unanimously held that it lacked jurisdiction to consider a challenge to the FAA letter expressing a nonbinding intention to obligate federal funding for O'Hare's expansion because the letter was not a final order.

The Chicago Tribune covers the court's decision. It explains that additional litigation remains. A suit now before the U.S. 7th Circuit Court of Appeals, among other things, is challenging a 2003 Illinois law that specifically exempted the cemeteries involved from the state's Religious Freedom Restoration Act. (See prior posting.)

Wiccan Veteran's Widow Asks Americans United For Help

Roberta Stewart, whose husband was killed when the military helicopter he was in was shot down over Afghanistan, has now asked Americans United For Separation of Church and State to assist her in her long struggle to get the Department of Veterans Affairs to approve placing a Wiccan symbol on her husband's grave marker in a veteran's cemetery. The Reno(NV) Gazette-Journal today reports that AU assistant legal director Richard Katskee says this is a situation in which the government, which has approved emblems for 38 other religions, is playing favorites. AU will first try to resolve the issue by negotiations, but will file suit if that does not work. Veterans Administration spokesman Matthew Burns said that his department has merely "deferred a decision on this application until [it] completes its efforts to develop a uniform set of rules by which all applications can be considered." (See prior posting.)

More Anti-Conversion Legislation In India

The battle over anti-conversion laws in India goes on. Now the Chhattisgarh state legislature has voted to enact a law requiring official approval for any religious conversion. However, in order to facilitate the reconversion of Christians to Hinduism, the bill provides that "returning to one's forefather's religion or his original religion will not be treated as conversion." BBC News today reports that Christian groups are reacting strongly against the bill and hope to persuade the governor to refuse to sign it. (See prior related posting.)

Korean Evangelicals Sent Home From Afghanistan

The Middle East Times reports today that Afghanistan has begun to deport 600 South Korean Christians who had recently come to the country, out of fear for their safety. Their visit was sponsored by the Institute of Asian Culture and Development, and was undertaken despite warnings against it from the South Korean government. Afghan authorities claimed the group had come to attempt to convert Muslims to Christianity, and Muslim clerics had begun to speak out against them. South Korean Christians are known for aggressive evangelism in Muslim countries. Here is another report on the story from Radio Free Europe, emphasizing the group's denials that they were planning conversionary activities. They were trying to organize a "peace festival" that would include a medical conference and two soccer games.