Christian In-Patient Rehab Program Loses Zoning Suit In Florida

In Men of Destiny Ministries, Inc. v. Osceola County, 2006 U.S. Dist. LEXIS 80908 (MD FL, Nov. 6, 2006), a Florida federal district court rejected claims brought under both RLUIPA and the Florida Religious Freedom Restoration Act by a Christian residential drug and alcohol rehabilitation program that was denied a conditional use permit to operate in an area near St. Cloud (FL) zoned for residential use. The court found that the county's refusal did not impose a substantial burden on the organization's exercise of its religion since it is free to run its program in other areas of the County that are zoned appropriately or to operate through out-patient counseling rather than with an in-patient facility.

7th Circuit Rejects Church's Land Use Claims

Yesterday in Vision Church, United Methodist v. Village of Long Grove, (7th Cir., Nov. 7, 2006), the U.S. Seventh Circuit Court of Appeals rejected Free Expression, Free Exercise and RLUIPA challenges to a requirement that churches need to obtain special use permits to locate in Long Grove, Illinois. It also rejected the church's argument that the village's regulations violate the Establishment Clause by favoring existing religious institutions over new ones. It held that the involuntary annexation of Vision Church's land was not a land use regulation covered by RLUIPA, and that size restrictions imposed on the church did not substantially burden its exercise of religion. It rejected constitutional and statutory claims of unequal treatment and Vision Church's claim that it had a vested right to build under pre-existing zoning rules.

Opponents of Intelligent Design Prevail In Ohio School Board Races

In Ohio yesterday, in contests for five seats on the State Board of Education, four of the winners oppose the teaching of intelligent design in science courses. (Election results.) In District 7, the race in which the science curriculum issue was most important, Thomas Sawyer soundly defeated incumbent Deborah Owens Fink, who supported the Board's proposed standard and lesson plan for 10th-grade biology courses that called for a "critical analysis" of evolutionary theory. (See prior posting.) In District 2, John Bender defeated Intelligent Design supporter Kathleen McGervey. (See prior posting.) In Districts 4 and 8, the winners G.R. Schloemer and Deborah L. Cain both oppose the teaching of Intelligent Design in science classes. (McClatchy Tribune Business News; Canton Repository).

The Cleveland Plain Dealer this morning reports that the four candidates were backed by Help Ohio Public Education (HOPE), a group created by scientists who were upset at the Board's attempts to introduce intelligent design into science classes. HOPE specifically recruited former Akron mayor Thomas Sawyer-- the successful District 7 cnadidate-- to run. Only in District 3 did a supporter of Intelligent Design in science classes win election to the state school board. At least that appears to be the position of winner Susan M. Haverkos.

Can British Lawyers Wear Niqab?

The niqab-- or veil that some Muslim women wear to completely cover their face-- has again become the subject of controversy in Britain. This time the presiding judge of the Asylum and Immigration Tribunal is being asked to decide whether solicitor Shabnam Mughal can argue a case before the Tribunal dressed completely in black with a full-face veil leaving only her eyes visible. Today's London Telegraph reports that one of the Tribunal's judges, George Glossop, asked Miss Mughal on Monday if she would "kindly remove her veil to assist with communication". He said: "It will allow me to see your face and I cannot hear you as well as I would like." Mughal, who refused the request, says she has worn her veil while representing clients before tribunals in different parts of the country for two years. Today's Daily Express says that the case has now been referred to a senior High Court Judge, Sir Henry Hodge.

Virginians Pass Amendment To Permit Incorporation of Churches

The Associated Press reports that in Virginia yesterday, voters easily approved an amendment deleting from the state constitution a ban on the incorporation of churches. The section had already been held to be unenforceable as violative of the U.S. Constitution's free exercise clause. (See prior posting.)

Report Will Find Discrimination Against Muslims In India

The Inter Press Service News Agency reported on Tuesday that a report being prepared for the Indian government will find serious discrimination against Muslims. The Prime Minister's High-Level Committee on the Social, Economic and Educational Status of Muslims, chaired by a former High Court judge, Rajinder Sachar, is expected to report that Muslims, India's largest religious minority, face systematic exclusion in many areas of society. They are India's new underclass, lacking access to public services, education, social mobility and jobs.

Italy Proposes Ban On Niqab

Italy's Vice-Premier Francesco Rutelli says that the government will be proposing a change in Italian law to make the wearing of the niqab-- the full face covering worn by some Islamic women-- illegal. BBC News today reports that the move is partly a concern that current anti-terrorism laws that merely outlaw the wearing of masks in public are insufficient. But Prime Minister Romano Prodi has put forth a broader rationale: "You can't cover your face, you must be seen," he said. "It's important for society and for integration."

Tennessee County School Board Approves New Bible Course

In Wilson County, Tennessee, the school board which is already in court in a challenge to religious practices in its schools (see prior posting) has approved the offering of a new elective Bible course. WTVF Nashville today reports that most of the speakers at Monday's school board meeting said that the new course would violate requirements for church-state separation. The Board nevertheless adopted it, arguing that a prayer rally last month and comments at a recent work session show that a majority favor the move. Much will depend on the content and curriculum for the course-- matters which the Board has not yet begun to determine.

Many Will Vote Today In Church Buildings

As Americans go to the polls today, many people will find that their voting place is a church. Last week's Orlando Sentinel carried an interesting article pointing out that almost half of Volusia County, Florida's polling places are in houses of worship. The county has received few complaints about the practice. Nevertheless, Rob Boston of Americans United for Separation of Church and State, said:"Local governments should realize that not everybody is comfortable voting in churches. Generally speaking, a community center or a school would be better." However, as reported last month by ABC7 Chicago, many school parents object to use of schools as polling places because it allows strangers in without adequate security. Meanwhile, Volusia County, Florida's assistant supervisor of elections, Karen Harris, said that anyone who is uncomfortable about voting in a church can vote ahead of time or on election day at the county Supervisor of Elections Office.

Tennessee Teachers Lack Standing In Establishment Clause Case

In Smith v. Jefferson County Board of School Commissioners, 2006 U.S. Dist. LEXIS 80483 (ED TN, Nov. 2, 2006), a Tennessee federal district court held that three teachers who were dismissed when a state-run alternative school was closed for budgetary reasons lacked standing to bring an Establishment Clause challenge to the school board's contracting with a religious organization to provide alternative school services. In its decision last week, the court said that any injuries plaintiffs suffered resulted from the Board of Education's decision to select an outside third party to provide alternative services, regardless of whether that third party was a faith based organization.

Ten Commandments Monument Returns To Wyoming City

In Casper, Wyoming tonight, city council is scheduled to approve a resolution to create a historic monuments plaza that will display a Ten Commandments monument along with monuments to five other historic documents. Today's Casper Star Tribune reports that the Ten Commandments monument used to stand by itself in a city park, but was removed in 2003 when litigation was threatened.

Texas Governor Discusses His Christian Beliefs

Texas Governor Rick Perry, running for re-election in a widely-watched five-way race, attended services on Sunday at San Antonio's Cornerstone Church where he sat on stage next to Rev. John Hagee. Yesterday's Dallas Morning News reported on the event. Perry was among 60 (mostly Republican) candidates who had accepted the mega-church's invitation to be introduced to the congregation, as well as those listening on radio and watching on television. Rev. Hagee preached a sermon enunciating standard evangelical doctrines regarding the necessity to accept Jesus. Afterwards, Gov. Perry, responding to a reporter's question, said that he believes in the inerrancy of the Bible and that those who do not accept Jesus as their savior will go to hell.

Later in the day Perry attempted to clarify his remarks, saying "I don't know that there's any human being that has the ability to interpret what God and his final decision-making is going to be." He added: "Before we get into Buddha and all the others, I get a little confused there. But the fact is that we live in a pluralistic world but our faith is real personal. And my Christian faith teaches that the way is through Jesus Christ." One of Governor Perry's election opponents, Kinky Friedman (who is Jewish), said that Perry's remark "hits pretty close to home".

NY Tax Benefits To Parochial School and Clergy Questioned

An editorial today in Newsday (Long Island, New York) criticizes two benefits given to local religious institutions and clergy . The first is the recent approval by the Suffolk County (NY) Industrial Development Agency of the issuance of up to $35 million in tax exempt bonds so that St. Anthony's Roman Catholic High School can construct a new building housing athletic facilities, laboratories and studios. The second is a report last week that 267 clergy in Nassau County (NY) pay no school property taxes on their homes so long as they are valued at less than $600,000.

Malaysia Will Punish Pranksters Who Falsely Reported Conversion Ceremony

Today's International Herald Tribune reports that the Malaysian government says it will punish pranksters who sent out false cell phone text messages saying that there would be a mass conversion ceremony of Muslims to Catholicism at a church in Perak state Sunday. About 1,000 people gathered in protest outside the church until it was learned that the ceremony was a Communion Mass for about 100 ethnic Indian Catholic children. Proselytizing of Muslims is prohibited in Malaysia

Churches Focused On Elections On Sunday

Reuters yesterday reported on activities in churches around the nation as election day approaches. Some churches generally urged people to be certain to vote. Others focused on supporting specific issues on the ballot, such as gay marriage and embryonic stem cell research. In an 11-county diocese in Wisconsin yesterday, all Catholic churches were required to play a 14-minute talk by Bishop Robert Morlino addressing three issues on Wisconsin's ballot on Tuesday: a proposed state Constitutional amendment banning civil unions for straights and gays, an advisory referendum on the death penalty and stem cell research. (Portage WI Daily Register). Meanwhile, today's Columbus, Georgia Ledger-Enquirer runs a long story on how local churches deal with candidates who visit their congregations to speak or to pray.

Christians Assert Rights In Several Cases In Britain

Cross Rhythms today carries a review of a number of pending cases in Britain in which Christians are challenging limitations on expression of their religious beliefs. Two of the cases involve controversies over names-- one in which the Exeter Christian Union is being forced by University officials to change its name to the Evangelical Christian Union, and another in which Christian groups are challenging the Voluntary Euthanasia Society's change of name to Dignity In Dying as violative of Britain's trademark law. Other cases involve the right to wear religious-themed jewelry in various settings.

Newsweek Explores Evangelical Agenda and Impact On Public Policy

This week's Newsweek carries a long cover story titled An Evangelical Identity Crisis that focuses on the efforts of some in the movement to expand the evangelical agenda to include issues of social and economic justice. It also carries the results of a new poll that are summarized in a press release. 62 percent of evangelicals say that religion plays too small a role in American political and cultural life.

The same issue of Newsweek carries an essay by Sam Harris sharply critical of the impact of Christian fundamentalists on public policy. He says: "Given the most common interpretation of Biblical prophecy, it is not an exaggeration to say that nearly half the American population is eagerly anticipating the end of the world. It should be clear that this faith-based nihilism provides its adherents with absolutely no incentive to build a sustainable civilization--economically, environmentally or geopolitically."

More Prisoner Free Exercise Decisions Become Available

In Winford v. Endicott, 2006 U.S. Dist. LEXIS 80248 (ED WI, Nov. 1, 2006), a Wisconsin federal district court permitted an inmate to proceed with free exercise and equal protection claims stemming from denial to him of his religious books relating to a Satanic faith when he was transferred from one penal institution to another.

In Johnson v. Mulcahy, 2006 U.S. Dist. LEXIS 80162 (ED Mo., Nov. 2, 2006), a Missouri federal district court dismissed a Muslim prisoner's complaint that the Cape Girardeau County Jail failed to provide religious services for Muslim inmates. All religious services in the jail are provided by community volunteers, and the jail was unable to find volunteers to lead Muslim services.

In Johnson v. Little, 2006 U.S. Dist. LEXIS 80099 (MD TN, Oct. 16, 2006), a Tennessee federal district court rejected a convicted prisoner's claim that his free exercise of religion is infringed by the state's capital punishment law that calls for him to choose between electrocution or lethal injection as his method of execution, and mandates lethal injection if he fails to choose.

The decision in Nicholas v. Ozmint, 2006 U.S. Dist. LEXIS 80035 (D SC, March 31, 2006), has recently become available. In it, the court rejected claims by an inmate who was a follower of the Nation of Islam. Plaintiff argued that the institution's policy limiting the number of religious books he could possess and preventing him from receiving new religious literature by mail infringed his free exercise of religion and his rights under RLUIPA. The court disagreed. The magistrate's recommendation in the case is at 2006 U.S. Dist. LEXIS 80036 (D SC, Feb. 8, 2006).

In Lindell v. Huibregtse, (7th Cir., Oct. 31, 2006), the Court of Appeals found that claims by a litigious inmate who was a follower of Wotanism were properly dismissed by the lower court. The inmate had objected to the prison's ban on the White supremacist book "88 Precepts", claiming that its ban violated the Establishment Clause, RLUIPA and his free speech rights.

In Gillard v. Kuykendall, 2006 U.S. Dist. LEXIS 79590 (WD AK, Oct. 27, 2006), an Arkansas federal district court upheld a prison's policy requiring inmates to clean their cells daily over objections of a prisoner that his religious beliefs prevented him from working on the Sabbath.

In Conyers v. Abitz, 2006 U.S. Dist. LEXIS 79210 (ED WI, Oct. 27, 2006), a federal district court held that there are sufficient disputed issues of fact to preclude summary judgment in the claim of a Muslim prisoner that his request to participate in the Ramadan fast was wrongfully rejected because he did not know of the sign-up deadline for being able to participate.

Utah Judge Opposes Baptism Of Child

In Utah, state judge Leslie Lewis who is up for re-election on Tuesday has been accused of making comments in court that are insensitive to Mormon beliefs. KUTV Salt Lake City reports that (as shown in a video posted on YouTube) the judge ruled that a divorced father should not baptize his daughter at age 8, over the objections of his former wife who has custody of the child. Judge Lewis ruled that the parents should wait until the girl turns 12 so she can decide for herself whether she wishes to be initiated into the LDS Church. Speaking of baptism as a youngster, Lewis told the father: "Somebody did that to me and I have resented it lo these many years."

Reconstructionist Rabbis Support NJ Gay Marriage Law

The Reconstructionist Movement in Judaism has supported gay marriage since the 1980's. This week, the New Jersey Jewish Standard interviews Reconstructionist rabbis on the issue as New Jersey's legislature decides how to respond to a recent state Supreme Court decision requiring legislative action to extend equal rights to gay couples. These rabbis say that currently, by prohibiting same-sex marriages, the state legislature is interfering with their religious right to perform marriages in accord with their beliefs. The Reform Movement in Judaism leaves the decision of whether or not to perform same-sex marriages up to individual rabbis. The Conservative and Orthodox movements have not accepted same-sex marriages.