Utah To Have Faith-Based Initiative Office

Utah’s Gov. Jon Huntsman Jr. has just agreed that his state will become the 25th to set up an Office of Faith-Based and Community Initiatives, according to yesterday’s Salt Lake Tribune. The office will help Utah’s religious and secular charities access federal funding. The predominance of the Mormon Church (LDS) in Utah led previous governors to refrain from setting up such an office out of concern about church-state separation. The LDS Church has traditionally not gone after public funds because it dislikes the conditions attached to government grants. It is unclear how many non-Mormon religious charities there are in Utah that would want to access faith-based funding.

Federal V.A. Charged With Providing Unconstitutional Spiritual Treatment

An interesting suit was filed on Wednesday against the U.S. Department of Veterans Affairs by the Freedom From Religion Foundation (FFRF) challenging the integration of religion by the VA chaplains corps into the medical services provided by the Veterans Health Administration. (News Release.) The suit, filed in federal district court in Wisconsin, claims that "As part of the evaluation of each patient's health care needs, the VA requires that a spiritual and pastoral care screening assessment be provided to each patient as part of the interdisciplinary admissions process; VA chaplains then are to determine the 'need' for any pastoral care interventions deemed necessary if 'spiritual injury or sickness' is assessed by the chaplain." The chaplain’s assessment becomes part of the patient’s medical chart.

The complaint was accompanied by sample "spiritual inventories" (1, 2) used by VA chaplains. The complaint (full text) alleges that the funding of these kinds of chaplaincy services, which go far beyond merely accommodating the religious free exercise rights of hospitalized veterans and their families, violates the Establishment Clause. The Madison, Wisconsin Capital Times quotes Annie Laurie Gaylor, co-president of FFRF, who said that this was an invasion of patients’ privacy by the VA that justifies its practices as "holistic" medical treatment.

UNESCO Moves On Preventing Future Insults To Religions

On April 3, the Executive Board of UNESCO adopted an Agenda Item proposing that UNESCO’s Director General take steps to adopt "a binding international legal instrument to ensure respect for prophets, beliefs, sacred values, religious symbols and places of worship." CNS News reports that this is part of a continuing effort by the Organization of the Islamic Conference undertaken in the wake of the controversial publication earlier this year of caricatures of the Prophet Muhammad. OIC’s secretariat, based in Saudi Arabia, is pressing both the United Nations and the European Union to counteract what OIC calls "wanton provocation and reckless, blasphemous libertarianism cowering behind so-called freedom of the press."

New Publications On First Amendment Religion Topics

From SSRN:

• Paul Horwitz, Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion In Judicial Nominations.
• Steven R. Obert, Public Prayer In the Navy, forthcoming in Naval Law Review.

From Bepress:

• Asma T. Uddin, Evolution Toward Neutrality: Evolution Disclaimers, Establishment Jurisprudence Confusions, and a Proposal of Untainted Fruits of a Poisonous Tree (April 2006).

From SmartCILP:

• Colin McRoberts & Timothy Sandefur, Piercing the Veil of Intelligent Design: Why Courts Should Beware Creationism's Secular Disguise., 15 Kansas Journal of Law & Public Policy 15-56 (2005). (Blog entry about article.)

Howard Dean's Controversial Statement On Churches and Politics

A statement on religion and politics to the Christian Science Monitor in an interview on Wednesday has created a good deal of controversy for Democratic National Committee Chairman Howard Dean. He said, "The religious community has to decide whether they want to be tax exempt or involved in politics." Joseph Cella, president of Fidelis, a Catholic advocacy organization, said, "Howard Dean's statement makes it clear that he wants to muzzle America's churches and religious groups from professing what they believe on important issues facing our society." CNS News on Friday, reporting on the controversy, also reviewed a number of supportive statements that Dean has made since 2004 in speeches to religious groups and in other attempts to reach out to people of faith.

Malaysia's High Court To Hear Case On Jurisdiction Over Converts

Malaysia’s highest court, the Federal Court, announced on April 13 that it would hear a sensitive religious freedom case posing the question of whether a Sharia court must approve a Muslim’s conversion to Christianity, according to Friday’s Christian Post. Azlina Jailani converted to Christianity in 1998. The National Registration Department agreed to change her name on her identity card to her new Christian name, Lina Joy. However, it said it could not change her designated religion without permission from a Sharia court that has jurisdiction in civil and family matters over Muslims. This is preventing Ms. Joy from marrying a non-Muslim since the civil registry only marries those who are officially non-Muslim. Joy’s attorney argues that Malaysia’s Constitution does not require Islamic court approval to convert out of the Muslim faith.

Three Recent Prisoner Free Exercise Cases

In Larson v. Schuetzle, (N.Dak. Sup. Ct., April 19, 2006), the North Dakota Supreme Court upheld prison officials’ confiscation of religious magazines given to inmate Reuben Larson by other inmates, and officials’ order to Larson to remove from his cell wall a picture of an American flag that he had cut out of a newspaper. The court found that prison rules prohibiting possessing various types of contraband were valid and did not violate Larson’s constitutional rights. The case was covered by the Grand Forks Herald last Wednesday. Larson is serving a 28-year sentence for a 1992 shooting of a judge in his courtroom while he was hearing Larson’s child support case.

In Earl v. Gould, 2006 U.S. Dist. LEXIS 19861 (WD NC, April 11, 2006), a North Carolina federal district court rejected a number of claims by a Muslim prisoner brought under the First amendment and RLUIPA. For various reasons, the court rejected inmate Vincent Earl’s claims that he was denied the right to participate in Ramadan services, that he did not receive the specific version of the Quran that he requested, that Friday Jumah Prayer Services were held at the wrong time, and that the prison refused to recognize his name change. The court also rejected Earl’s complaint that Muslim inmates were required to file an "Inmate Request for Religious Assistance Fact Sheet”, while Christian prisoners were not, and that more Christian than Muslim services were held at the correctional facility. The court said that the Constitution permits allocation of religious resources based on the different numbers of prisoners in each religious group.

In Walls v. Schriro, 2006 U.S. Dist. LEXIS 19833 (D Ariz., April 13, 2006), an Arizona federal district court denied a preliminary injunction to an inmate of the Hare Krishna faith who claimed the lacto-vegetarian diet provided to him in prison did not meet his religious requirements because it include caffeinated beverages, garlic and onions, and was not prepared by a member of the Krishna sect. The court found it unlikely that inmate Rex Walls would succeed on the merits of his First Amendment or RLUIPA claims, given the high costs of the prison’s further tailoring diets to inmates’ religious needs.

Serbia's Parliament Passes New Religion Law

Yesterday, Serbia's National Assembly passed the country's controversial new religion law just before the Serbian Easter recess, according to Forum18. The vote was 120 for the law, 4 votes against and 5 abstentions, with the remainder of the 250 parliamentary deputies absent. The final text of the law has not yet been made publicly available. Unconfirmed reports are that the law requires new religious communities to obtain 8,000 signatures in order to be approved for registration.

Students Sue Over High School Speech Code

The Philadelphia Inquirer reports that on Wednesday three high school students, represented by the Alliance Defense Fund, filed a federal lawsuit against the Downingtown (Pennsylvania) Area School District, claiming that they were barred from displaying the words "Christian" and "Bible". The students, who wanted to call their school group the "Bible Club," were told it had to be called "the Prayer Club" instead. In addition, they allege that they were barred from expressing their views on the "sinful nature and harmful effects of homosexuality." District policy prohibits students from expressing opinions that seek "to establish the supremacy of a particular religious denomination, sect or point of view." The lawsuit alleges that the Downingtown East High School students want to express their belief "that there is a superior religious point of view to other competing views that would, for example, affirm a homosexual lifestyle." The high school's speech code is similar to others that ADF has challenged on the college level.

Georgia Church Challenges Denial of Zoning Variance In Suit Filed By ACLU

The ACLU of Georgia announced Wednesday that its cooperating attorneys, King & Spalding, have filed a federal lawsuit on behalf of the Tabernacle Community Baptist Church which was denied a zoning variance to permit it to establish a house of worship in East Point, Georgia. An East Point zoning ordinance prohibits churches from occupying buildings that were originally used for commercial purposes, even though a similar non-religious commercial enterprise could purchase the building. The complaint (full text) claims that the denial violates the the church's freedom of religion, speech, association and assembly protected by the U.S. and Georgia constitutions , denies the church equal protection of the laws and due process of law, and violates the federal Religious Land Use and Institutionalized Persons Act.

Hamas Authorities In West Bank Town Press YMCA To Close

WorldNetDaily today reports that in Qalqiliya, a town in the West Bank under control of the Palestinian Authority, the YMCA has been warned by Hamas to close its offices or face possible Muslim violence. The action follows coordinated sermons against the YMCA in local mosques last Friday. Muslim organizations and mosques in the city, along with municipal leaders, sent a letter to the PA interior minister accusing the YMCA of missionary activities and demanding the Palestinian government immediately shut them down. The letter said "Qalqiliya doesn't need such offices, especially since there are not many Christians in our city." It continued, "The act of these institutions of the YMCA, including attempting to convert Muslims in our city, will bring violence and tension." The YMCA denies engaging in missionary activities, saying its work in Qalqiliya is limited to athletic activities, general educational programs and financial aid.

9th Circuit Lets School Ban Anti-Gay T-Shirt

In a 2-1 decision, the U.S. 9th Circuit Court of Appeals yesterday upheld the right of a California high school to ban a student from wearing a T-shirt proclaiming: "Be Ashamed, Our School Embraced What God Has Condemned", and "Homosexuality Is Shameful". In Harper v. Poway Unified School District, (9th Cir., April 20, 2006) (majority opinion, dissent), the court, in a decision written by Judge Stephen Reinhardt, refused to grant Tyler Chase Harper a preliminary injunction finding that it was unlikely that he would succeed on the merits of his free speech, free exercise of religion or establishment clause claims. The court found that Harper's wearing of his T-shirt collided with the rights of other students' right to be free from verbal assault. The court also held that there was no evidence that the school's actions imposed a substantial burden on Harper's free exercise of religious belief. It said the Constitution does not prohibit the school from teaching the virtues of tolerance, even if that is inconsistent with a student's religious views. Finally the court found that the school had a legitimate secular purpose in taking the action it did.

Judge Alex Kozinski dissenting, argued that the court should have granted a preliminary injunction preventing the school from banning Harper's T-shirt and barring the school from enforcing its anti-harassment policy as overbroad. He argued that the school was engaged in viewpoint discrimination, and that there was insufficient evidence that the statements on Harper's T-shirt in fact harmed gay and lesbian students. Today's Los Angeles Times reports on the decision.

Jamaica's Prime Minister Moves To Ally Churches With Government

Jamaica's recently-elected prime minister, Portia Simpson Miller, has created a good deal of concern in her nation as she has taken steps to mix religion with government. Yesterday's Trinidad & Tobago Express carried an editorial raising questions about her claim that she was appointed by God to run the country, and about her proposal to name pastors to all state boards. Today's Jamaica Express reports that Miller has won support of the influential Jamaica Council of Churches (JCC) for her proposal that clergy become members or chairmen of all new state boards. Philip Robinson, president of the JCC, said that the Prime Minister's moves "ought to have been a natural expectation since we are a Christian country". The JCC represents most of the mainline Protestant, Catholic and Orthodox churches in Jamaica.

Religious Freedom An Issue During China President Hu's Visit To Washington

As China's President Hu Jintao visited the White House yesterday, he may have been less than pleased at the extent to which issues of religious freedom in China found their way onto his agenda. In his welcoming remarks at Hu's arrival ceremony (full text), President Bush said: "As the relationship between our two nations grows and matures, we can be candid about our disagreements. I'll continue to discuss with President Hu the importance of respecting human rights and freedoms of the Chinese people. China has become successful because the Chinese people are experience the freedom to buy, and to sell, and to produce -- and China can grow even more successful by allowing the Chinese people the freedom to assemble, to speak freely, and to worship."

Hu's remarks contained only the following generalization on the issue: "We are ready to enhance dialogue and exchanges with the U.S. side on the basis of mutual respect and equality to promote the world's cause of human rights."

During the welcoming ceremony, a Chinese woman reporter from The Epoch Times who had been admitted into the White House grounds with press credentials began shouting at Hu: "President Hu, your days are numbered. President Bush, make him stop persecuting Falun Gong." (Reuters report.) Outside the White House, hundreds of demonstrators from Falun Gong, and from a Tibetan youth group, among others, carried signs and shouted slogans. In today's edition, The Epoch Times apologized for its reporter's actions, but reiterated its concern over charges that Falun Gong practitioners are being killed so that their organs can be used for transplantations.

In Tuesday's New York Sun, the Chair and Vice-Chair of the U.S. Commission on International Religious Freedom had published a detailed op-ed piece outlining China's human rights problems. It called on President Bush to urge China's release of all individuals imprisoned or detained because of their religious beliefs or practices.

A.D. vs. C.E.-- Is This The New Christian Political Flash Point?

The Associated Press reports on a fascinating new controversy swirling around an educational decision made by the Kentucky Board of Education this week. At issue is whether schools should drop the traditional way of indicating historical dates. Should the designations B.C. (before Christ) and A.D. (Anno Domini, Latin for "In the Year of Our Lord") be changed in teaching and texts to a designation becoming more common—C.E. (Common Era) and B.C.E. (Before the Common Era)? A draft of a new teachers' guidebook proposed moving to the new designation. This however led to objections from groups like the Family Foundation of Kentucky, which said, "Not only will this lead to confusion on the part of the students, but this is a not-so-subtle way of hiding the substantial influence of religion in the history of Western civilization."

Kentucky Governor Ernie Fletcher also announced his opposition to the change during a ceremony in which he signed a recently passed bill permitting display of the 10 Commandments on public property. Lisa Gross, a spokeswoman for the Kentucky Department of Education, said that the new designations are coming into wider use, and students need to know about them in case they encounter them on college placement tests. Finally, the Kentucky Board of Education found a compromise. (WorldNetDaily, Louisville Courier-Journal.) It voted on Tuesday to use both versions, so that textbooks will reflect a date as 700 A.D./C.E. The Kentucky Family Foundation is still not happy. It accuses the Board of merely attempting to be "politically correct"-- a position taken in a formal Resolution in 2000 by the Southern Baptist Convention.

Over the week end I will post more background on this issue that could become another flash point in U.S. politics of religion.

Report On Future Of Religious Freedom In U.S.

The Report from an October 2005 Conference on "The Future of Religious Freedom In America" sponsored by McCormick Tribune Freedom Museum and the First Amendment Center has been released online. The release announcing the report says that its major recommendations include: updating and widely distributing consensus guidelines on religion in public schools; developing new consensus guidelines on religion in the public square and religious accommodation in the workplace; educating government officials on religious freedom issues; creating a task force on protecting Native American religious practices and traditions; and exploring international religious liberty issues, especially in relation to U.S. foreign policy.

Suit Challenges Mobile Home Park's Prayer Ban

The United States Justice Foundation announced on Wednesday that it had filed a lawsuit against a Warner Springs, California mobile home park to force it to permit residents to use the park’s common areas for prayer meetings. The suit claims that harassment and interference with tenants’ prayer meetings violate the U.S. and California constitutions, and California’s Unruh Civil Rights Act.

Toledo Courthouse 10 Commandments Monument OK'd By Court

On Tuesday, a federal district court in Toledo, Ohio, rejected an ACLU challenge to a 10 Commandments monument on the grounds of the Lucas County courthouse. Finding that the monument had been donated by the Fraternal Order of Eagles to combat juvenile delinquency, the court in ACLU v. Board of Commissioners of Lucas County, Ohio (ND Ohio, April 18, 2006), held that neither the primary purpose nor effect of the display was to endorse religion. In so holding, the court followed the lead of the U.S. Supreme Court last June in its Van Orden v. Perry decision involving a similar monument. Having rejected the federal constitutional claims, the court declined to exercise supplementary jurisdiction over a claim that the display violated the Ohio constitution. It dismissed that portion of the suit without prejudice. Wednesday’s Toledo Blade reported on the decision. [Thanks to How Appealing for posting the full decision.]

Louisiana Sales Tax Exemptions For Religions Held Unconstitutional

In New Orleans Secular Humanist Association, Inc. v. Bridges, 2006 U.S. Dist. LEXIS 20020 (ED La., April 17, 2006), a Louisiana federal district court granted a preliminary injunction, finding that five Louisiana statutes that grant various sales tax exemptions explicitly to religious organizations, and not to others, violate the First Amendment’s Establishment Clause. The court concluded that the statutes have both the purpose and effect of benefiting religion.

Nevada Summit On Faith-Based Grants Organized By Sen. Reid

Last Tuesday, U.S. Democratic Senator Harry Reid convened the Northern Nevada Faith-Based Services Summit in Reno, according to yesterday’s Reno-Gazette Journal. The participants discussed issues such as housing, senior services, drug abuse and gang violence. The event was designed to acquaint religious organizations with federal resources available to them and provide them information on how to apply for faith-based grants. It was also aimed at bringing together religious and secular social service providers and private business. Many of the speakers were skeptical of President Bush’s Faith-Based Initiative. Dr. Bob. Edgar, general secretary of the National Council of Churches of Christ said, "There's been a lot of talk about the faith-based initiative. It is my fear that President Bush thought the faith-based initiative would simply be, 'Lets take all the welfare programs and dump that on the churches and synagogues and mosques.' The faith-based initiative must be based on partnership."