Irish Sikh Group To Challenge No-Turban Policy of Police Reserve

Ireland's Sikh Council is planning to sue to challenge a policy of the Garda Reserve that prohibits Sikh members from wearing turbans while on duty. The Garda Reserve is a volunteer section of Ireland's police force. Today's Malaysia Sun says the planned action stems from a complaint by a Sikh IT professional who had wanted to volunteer for the Reserve.

Tie Vote Means No En Banc Review of "7 Aphorisms" Cases In 10th Circuit

The U.S. 10th Circuit Court of Appeals split 6-6 on a motion to review en banc two decisions by a 3-judge panel handed down last April. The decisions ruled in favor of members of the Summum faith who sought to put up displays of their Seven Aphorisms in parks where Ten Commandment displays already exist. The en banc ruling is Summum v. Pleasant Grove City, (10th Cir., Aug. 24, 2007). Plaintiffs had argued that parks in Pleasant Grove City and Duchesne City, Utah were public forums. The 3-judge panel agreed as to Pleasant Grove, and sent the Duchesne case back for further fact finding. The en banc split results in no review of those decisions.

Two interesting dissents to the denial of an en banc rehearing were filed along with the ruling. Judge Lucero argued that parks are public forums for temporary events such as protests and concerts, but not for permanent monuments. Judge McConnell, joined by Judge Gorsuch, argued that managers of city parks should be able to make reasonable content-based judgments on the kinds of monuments that will be in the parks. Accepting the donation of a war memorial for the park from the VFW should not open the park to "an influx of clutter", they wrote. Yesterday’s Salt Lake Tribune reported on the en banc determination.

More New Jersey Schools Rent Space To Churches

Today's Washington Post carries a story from Northern Jersey's Record pointing out the large number of New Jersey public schools that rent out space to churches for use on Sundays. The practice is encouraged as space becomes more limited, congregations grow and zoning requirements become more difficult to meet. The rent is also an attractive income source for schools. Schools also rent out space to churches on a more temporary basis when they are displaced by a fire, or when they are in the process of constructing a new building. Synagogues sometimes rent school space for overflow services for the High Holidays.

High School's Refusal to Recoginze Bible Club Limited to Christians Upheld

In Truth v. Kent School District, (9th Cir., Aug. 24, 2007), the U.S. 9th Circuit Court of Appeals upheld a decision made by the Associated Student Body Council in a Washington state high school. The Kentridge High School Council refused to grant official recognition to a student Bible club that limited its membership to those "complying in good faith with Christian character, Christian speech, Christian behavior and Christian conduct as generally described in the Bible." The school argued that state anti-discrimination laws precluded recognition of the club. The court held that the denial of recognition violated neither the federal Equal Access Act nor the club’s First Amendment rights. The court said that the club's policy of excluding those who do not meet Christian criteria did not have an expressive function, and forcing the group to include them as non-voting general members would not convey a message in conflict with the club’s views. Yesterday’s Seattle Post-Intelligencer reports on the decision.

Lesson Learned—This Year’s Jacksonville Prayer Rally Gets No Government Funds

Last year, Jacksonville, Florida ended up in litigation when it spent over $100,000 to support a Day of Faith anti-violence rally. The city settled the lawsuit, agreeing that in the future it would sponsor only secular programs. This year, 50 churches in Duval county are holding a similar prayer service, but without government funding. The mayor and other officials will be invited to the Sept. 8 "It’s Time To Pray Jacksonville" event, but this year the faith community will have "entire ownership" of the event, according to one of its organizers, Rev. Gary Wiggins. Yesterday's Florida Times-Union reported on plans by the organizers to invite 1,400 houses of worship—including synagogues and mosques—to attend.

Two Miliary Chaplains Discuss Their Roles

Yesterday's Bucks County (PA) Courier Times carries an interesting interview with two military chaplains—one recently back from Iraq and one about to go there. Army National Guard Chaplain Douglas Etter, a Presbyterian, talked about how he prayed with soldiers before each mission. He said that the dominant problem soldiers faced was loneliness in being far from home and the strain on relationships with spouses that this separation imposed. Etter also reached out to Muslim leaders while he was in Iraq. Navy Chaplain Rabbi Jon Cutler-- deploying in November-- says he will spend a good deal of time counseling service members dealing with family problems. More than 90% of the troops he counsels are not Jewish. Previously Cutler spent four months in Saudi Arabia during Desert Storm and was called to duty at the Pentagon following 9-11 to help counsel grieving families and to assist the mortuary team.

Suit On Native American Graves In Highway Construction Dismissed

A Tennessee suit involving the appropriate treatment of Native American graves discovered during highway construction was dismissed on the basis of mootness and res judicata on Friday. In re: Order To Encapsulate Native American Gravesites, (TN Ct. App., Aug. 23, 2007) [WordPerfect document], was one in a series of suits against the Tennessee Department of Transportation. Initially the Department proposed to relocate remains found in three Native American grave sites. A Native American group and three individuals objected to this proposal, arguing that disturbing the graves would violate their rights of conscience and free exercise of religion. While litigation was pending, the Department decided instead to re-inter the remains in place and encapsulate the graves in concrete. This too was challenged in litigation, but while the lawsuit seeking an injunction was pending, the construction was completed. So the court dismissed the claims as moot. This suit was then filed seeking declaratory relief, instead of the injunction that was sought in the first litigation. The Court of Appeals agreed with the trial court that this suit is "Plaintiffs' second bite at the very same apple."

Sikh Charges California Night Clubs With Discrimination

In Carlsbad, California, 22-year old Dave Bindra has filed a religious discrimination complaint after he was denied entry to two night clubs because he was wearing a patka, a tighter fitting version of the traditional Sikh turban. The clubs have strict rules against headgear associated with gangs, and apparently his patka resembled the banned do-rag. Eventually a heated exchange between club personnel and three female friends of Bindra's ensued. Yesterday's San Diego Union-Tribune says that the Sikh American Legal Defense and Education Fund has contacted the Justice Department’s Community Relations Service to ask them to mediate.

Head Of Civil Rights Division of Justice Department Resigns

Assistant Attorney General Wan J. Kim, head of the Civil Rights Division of the U.S. Department of Justice, has resigned effective the end of this month. (DOJ release, 8/23). Reporting on the resignation, Thursday's New York Times emphasizes that this adds to the vacancies in top posts at the Department. Blog from the Capitol points out that it was under Kim's leadership that the Division began the First Freedom Project that placed a new emphasis on religious freedom cases.

Welsh Legislator Wants Multi-Faith Assemblies In Schools

In Wales, Liberal Democrat National Assembly member Peter Black has called for a change in the law to provide for multi-faith assemblies in public schools to replace Christian worship that now takes place. Black says that this would promote tolerance and understanding in a diverse society. Welsh law currently requires schools to have daily collective worship that is "broadly Christian", while taking account of other religions in Great Britain. IC Wales today reports that Saleem Kidwai, Secretary General of the Muslim Council of Britain, supported Black's suggestion, saying that he did not want religion removed from schools. Black's suggestion came in response to an inquiry from a humanist organization. A number of Christian spokesmen support the current rules.

Reversionary Clause Enforced Through Finding That Church De Facto Dissolved

In Central Coast Baptist Association v. First Baptist Church of Los Lomas, (Ct. App. Cal., Aug. 23, 2007), a California Court of Appeals resolved a church property dispute, enforcing a reversionary clause in First Baptist Church's constitution. the constitution provided that in either of two situations, the assets of the church would go to Central Coast Baptist Association. The court held that it lacked jurisdiction to determine whether the church had "ceased to function as a Southern Baptist Church", since this would require "the court to decide issues involving religious doctrine, polity, and practice, an undertaking forbidden by the First Amendment." However, "the court did have jurisdiction to inquire into the alternate basis stated in the reversionary clause, namely whether there had been a 'dissolution or
winding up of the organization.'" A determination that the church had de facto dissolved does not involve religious issues.

Church-State Landmarks In New Book and Movie

Two rather different historical events in the history of U.S. church-state relations are in the news because of a new book and a new movie. New York University law professor Stephen Solomon's new book, Ellery's Protest, (Univ. Mich. Press), examines the 1963 case, Abington v. Schempp, which struck down mandatory Bible reading and recitation of the Lord's Prayer in public school classrooms. Yesterday's Boston Globe reports on Ellery Schempp's life today, and recounts that the landmark litigation began after Schempp, as a high school student, protested by opening a copy of the Quran during Bible reading time.

Meanwhile, yesterday's Christian Science Monitor reports on the new movie, September Dawn, which is about to be released. The movie offers a fictionalized account of the 1857 "Utah War". That largely forgotten incident took place as the U.S. Army was marching toward Utah to confront Mormon leaders. A group of Mormons, aided by Native Americans, massacred 120 unarmed people in a California-bound wagon train. The paper reports that for the first time, the Mormon church is engaged in intensive research on the history of the event, and has featured some of the findings in the September edition of the church's magazine, Ensign.

Ukrainian Churches Named After Politicians

In Ukraine, according to yesterday's Interfax, churches are being named after politicians. A Lvov church is named after Ukrainian President Viktor Yuschenko, while in Dnepropetrovsk one is named for political leader leader Yulia Timoshenko. Also, a portrait of Prime Minister Viktor Yanukovich hangs in a church in Donetsk.

Florida Ends Kosher Food Option In Its Prisons

The Florida Department of Corrections has ended its Jewish Dietary Accommodation Program in state prisons. The AP reported yesterday that the program provided kosher food for Jewish inmates and was also used to accommodate Muslim prisoners requesting a halal diet. The state offered a variety of reasons for the change, including cost and the difficulty of screening inmates to determine whose religious beliefs are sincere. It also said it was not fair to satisfy demands of only a small group of prisoners when its prison population encompasses over 100 faiths. Instead of kosher food, prisoners will be able to choose a vegetarian or vegan option, and the prison system has totally stopped serving pork products.

Christian Leafleter Challenges Georgia City's Parade Ordinance

The Alliance Defense Fund filed suit yesterday in a Georgia federal court challenging the constitutionality of the parade permit ordinance in Cumming, Georgia, according to the Atlanta Journal Constitution. The suit was filed after a state court avoided passing on the constitutionality of the ordinance earlier this month in a case involving the arrest of Frederic Baumann, who was distributing Christian religious literature on a sidewalk outside the city's fairgrounds. Baumann's conviction was reverse after a court held that the permit ordinance did not apply to his activities. (See prior posting.) The new suit, filed on behalf of Baumann, seeks a declaratory judgment and an injunction to protect Baumann's activities and to find that the ordinance violates the free speech, free exercise, equal protection and due process clauses of the U.S. constitution. The suit also asks for damages. (Full text of complaint).

DC Police Get Training To Understand Sikh Community

Yesterday's Panthic Weekly reports on a cooperative program between the Sikh American Legal Defense and Education Fund (SALDEF) and the Washington, DC Metropolitan Police Department (MDP). The program is training all 3,000 MDC police officers to understand the Sikh religion and is making suggestions on how to interact with the Sikh community in non-emergency, non-crisis situations. SALDEF's training program has previously been used in other agencies and police departments as well.

Native American Religious Rights Pose Complexity In Massachusetts Case

The complexity in protecting religious rights of Native Americans is illustrated by a case heard in Famouth, Massachusetts yesterday, and reported on in today's Cape Cod Times. In January, the Mashpee Wampanoag Tribal Council "shunned" four tribe members who had filed a lawsuit against the Council charging financial mismanagement. This meant that the four were banned from the tribe's annual Pow Wow in July. However, they attended anyway, claiming that the Pow Wow is a religious activity and the Tribal Council was interfering with their religious exercise. Tribal leaders called Mashpee police who issued trespass complaints against the four. Those complaints were dismissed yesterday by a Falmouth District Court Magistrate after the defendants, while still asserting their right to attend the Pow Wow, agreed to obey an order not to trespass on tribal lands for the next three months. Meanwhile, the financial mismanagement lawsuit filed by the four dissidents has been dismissed because in February the Mashpee Wampanoag tribe received federal recognition, and a Superior Court judge held that this deprived state courts of jurisdiction over the lawsuit.

Ukraine Officials Accused of Failing to Prevent Anti-Semitic Attacks

In the Ukraine, chief-rabbi Azriel Chaikin has released a letter charging government and law enforcement officials with failing to prevent a series of anti-Semitic assaults in the country. Chabad.org News yesterday quoted Chaikin as saying that authorities "either don't have the desire or are incapable of preserving security".

Parent Loses Challenge To In-School Anti-Drug Speaker

Marion, Illinois parent Robert Marsh has failed to convince a federal court jury that his daughter's school district endorsed religion or fostered excessive entanglement when it permitted Texas evangelist Ronnie Hill to speak at school assemblies in November 2003. Yesterday's Houston Chronicle reports on the decision handed down last week. Originally Marsh sought an injunction against the evangelist's appearance. A judge permitted the secular in-school presentations to go on, but ordered the evangelist not to use the school talk to promote his later appearance at a local church. However, it turns out that tickets to Hill's evangelical church rally, which included a pizza party, were handed out at the school on the day Hill spoke. Then a judge dismissed Marsh's lawsuit as moot because the school assemblies had already taken place. Later, however, a second judge reinstated Marsh's claim for damages. After the jury last week found against Marsh, the court ordered him to pay the school district's court costs. (See prior related posting.)

Anonymous Airline Passengers Dropped From Imams' Civil Rights Suit

Now that a new federal law grants immunity from suit to individuals who, in good faith, report on suspicious activities of fellow airline passengers, a group of imams who are plaintiffs in a Minnesota case yesterday dismissed the "John Doe" passenger defendants from their lawsuit. (Dismissal Notice.) The Beckett Fund yesterday issued a release setting out its involvement in demanding that the plaintiffs drop the passengers as defendants in the civil rights suit alleging that six imams were wrongfully removed from a U.S. Airways flight last November.