Today Is Darwin Day

Today is Darwin Day-- the the 107th birthday of Charles Darwin. Events marking the occasion are planned around the world. Hundreds of Christian churches throughout the country are marking today as Evolution Sunday. Organizers have obtained signatures of 10,000 clergy on a letter supporting the compatibility of Christianity with evolution. The letter reads in part:

[T]he timeless truths of the Bible and the discoveries of modern science may comfortably coexist. We believe that the theory of evolution is a foundational scientific truth, one that has stood up to rigorous scrutiny and upon which much of human knowledge and achievement rests. To reject this truth or to treat it as "one theory among others" is to deliberately embrace scientific ignorance and transmit such ignorance to our children. We believe that among God's good gifts are human minds capable of critical thought and that the failure to fully employ this gift is a rejection of the will of our Creator. To argue that God's loving plan of salvation for humanity precludes the full employment of the God-given faculty of reason is to attempt to limit God, an act of hubris. We urge school board members to preserve the integrity of the science curriculum by affirming the teaching of the theory of evolution as a core component of human knowledge. We ask that science remain science and that religion remain religion, two very different, but complementary, forms of truth.

In a related development, in Ohio last Tuesday, 23 of the 32 scientists on the state's Science Content Standards Advisory Committee sent a letter to Governor Bob Taft urging the state school board to repeal portions of its science standards and lesson plans. The Cincinnati Enquirer reported on the letter that said current state guidelines undermine evolution by urging teachers to "critically analyze" the theory.

Criminal Charges Filed For Importing Skull For Religious Ritual

Last Thursday at Ft. Lauderdale-Hollywood, Florida International Airport, federal agents arrested a Vodou priestess for attempting to bring into the country from Haiti the skull of a man for use in religious ceremonies. Today's South Florida Sun-Sentinel reports that Myrlene Severe is accused of smuggling a human head without proper documentation, failing to declare the skull to customs and transporting hazardous materials. She faces up to 15 years in prison. Rafael Martinez, an anthropologist and expert in Afro-Caribbean religions, said skulls are commonly used in two prominent South Florida religions: Vodou and the Afro-Cuban religion called Palo Mayombe. In Vodou, it is common for practitioners to put a human skull on an altar in the home dedicated to spirits of the dead known as gede. The spirits contained in that skull are thought to have a powerful, positive influence on one's life.

Photographer Protected Even When Art Offends Religious Beliefs

Nussenzweig v DiCorcia (Feb. 8, 2006), decided last Wednesday by a New York state trial court, involved a suit filed by Erno Nussenzweig, a Hasidic Jew, against Philip-Lorca DiCorcia, a professional photographer. DiCorcia took a series of photographs of persons passing through Times Square, including Nussenzweig. Without obtaining the consent of any of the individuals, DiCorcia used the photos in a gallery exhibition, and in a catalogue that was published to go along with the exhibit. Nussenzweig's religious beliefs are violated by the use of the photo. He believes that DiCorcia's use of his image violates the second commandment prohibition against graven images. Nussenzweig sued under New York's privacy law, but the court rejected his claim, finding that artistic works are protected by the First Amendment and are excluded from coverage under the privacy law:

Plaintiff argues that the use of the photograph interferes with his constitutional right to practice his religion. The free exercise clause, however, restricts state action.... There is no state action complained of in this case, only the private actions of defendants. ...

Clearly, plaintiff finds the use of the photograph bearing his likeness deeply and spiritually offensive. The sincerity of his beliefs is not questioned by defendants or this court. While sensitive to plaintiff's distress, it is not redressable in the courts of civil law. In this regard, the courts have uniformly upheld Constitutional 1st Amendment protections, even in the face of a deeply offensive use of someone's likeness.... [C]onstitutional exceptions to privacy will be upheld, notwithstanding that the speech or art may have unintended devastating consequences on the subject, or may even be repugnant. They are ... the price every person must be prepared to pay for in a society in which information and opinion flow freely. [Thanks to Marc Stern via Religionlaw listserv for information.]

Unconstitutional School Prayer Persists, and Some Support It

An AP story last week shows that translating U.S. Supreme Court precedent into practice is sometimes difficult. Despite the Supreme Court's 1963 decision in Abington School District v. Schempp that prohibited the practice, Mineral Ridge High School in northeastern Ohio has continued through the years to recite the Lords Prayer over the public address system in the morning before the Pledge of Allegiance and announcements. Only when the Warren Tribune Chronicle questioned the practice earlier this month did the school finally stop the practice. Some defend the school's ignoring of precedent. Commenting to Agape Press on Friday, Mat Staver, president and general counsel of Liberty Counsel, said that while the Supreme Court has found classroom recitation of the Lords Prayer to be an Establishment Clause violation, "that's clearly not the intent or purpose of the Constitution itself."

Italian Priest Cleared of Charges Filed For Claiming Jesus Existed

CNN on Friday reported in a case that has drawn international notice, that an Italian judge dismissed a suit against Enrico Righi, a local priest in Viterbo, a town north of Rome. An old schoolmate of the priest, Luigi Cascioli, filed a criminal complaint against the priest charging that Righi's assertions of Jesus' existence violated Italian laws against deceit and impersonation. (See prior posting.) Judge Gaetano Mautone suggested in his decision dismissing the charges that prosecutors should investigate Cascioli for possible slander. [Thanks for the lead to Douglas Laycock via Religionlaw listserv.]

Failure to Provide Christian Science Class In Prison Upheld

In Jerry v. Williamson, (Feb. 8, 2006), a Pennsylvania federal district court rejected the claim by Bernard Jerry, a state prisoner, that his free exercise rights were infringed when he was transferred to a prison that did not offer Christian Science instructional sessions. The court found that Jerry was free to receive Christian Science literature and to contact a nearby Christian Science community to attempt to find an advisor who was willing to meet with him at the prison. Concerns of cost and allocation of resources were found to be legitimate penological interests supporting the prison’s reliance on volunteers to provide instruction for religions that have few adherents in the prison system.

Satmar Dispute Decided By New York Trial Court

[REVISED] The Times-Herald Record (upstate New York) reports today on a New York state trial court decision in an ongoing battle between two factions in the Satmar Hasidic Jewish community (see prior posting). The decision in a dispute between the two sons of the Satmar grand rebbe resulted in a victory for Aaron Teitelbaum, the rabbi in Kiryas Joel. The paper reports:

In the dispute that began over ownership of the Kiryas Joel cemetery and ballooned into a larger fight for control of the Hasidic movement, acting state Supreme Court Justice Stewart Rosenwasser sided squarely with Aron's faction. Aron's rivals support his brother, Zalmen, chief rabbi in Williamsburg.

Rosenwasser agreed with Aron's side that the cemetery belongs jointly to the main Satmar congregations in Kiryas Joel and Brooklyn, not just the Brooklyn group. But more importantly, he declared that Aron supporter Berl Friedman remains president of the Brooklyn branch, rejecting claims that the grand rebbe expelled him in 2001.

By itself, the ruling appears to place control of the Williamsburg congregation, its property and other assets back in the hands of Aron's faction. Control of the Satmar's Williamsburg core could determine which brother succeeds their father as grand rebbe, the supreme leader of more than 100,000 Satmar followers worldwide.

Rosenwasser's decision contradicts a 2004 decision (now on appeal) by a different judge that left control of the Williamsburg congregation to Zalmen's side. That case is Matter of Congregation Yetev Lev D'Satmar Inc. v Kahan.

Finland Will Deny Licenses To New Private Religious Schools

The Finnish News Agency STT reports today that the Finnish government has decided to deny licenses for new private schools, as well as to turn down applications for the expansion of the activities of existing schools. Minister of Education Antti Kalliomaki said that it was not the function of schools to proclaim one single truth, religious or otherwise. "One school teaching according to the convictions of some and a second school teaching according to the convictions of others is not real pluralism," he said. Two Christian schools that are merely continuing their existing programs have received a 2-year extension of their licenses. Taneli Hassinen, chair of the board of the Centre for Christian Education, charged that the government decision to deny school licences violates Finland's constitution, the law on freedom of religion and international human rights conventions.

Catholics Insulted By Australian Senate Debate On RU486

In Australia, Parliament is debating a bill that would loosen current restrictions on the abortion drug RU486 by moving control of its use from the Health Minister to the non-political Therapeutic Goods Administration. (Herald Sun report.) With the support of many women senators, the Senate passed the bill on Thursday, and it now moves to the House of Representatives. (News.com.au report.)

Australian Catholics were particularly offended by the approach taken during the debate by some Senators who are members of the Australian Greens Party. Especially grating was a T-shirt, distributed by the YWCA, worn by Senator Kerry Nettle which aimed its message at Health Minister Tony Abbott. Emblazoned on the front of the shirt (pictured in this article from today's Herald Sun) was the slogan, "Mr. Abbott, Get your rosaries off my ovaries." Prime Minister John Howard said that the message was offensive to Catholics across the country. But, he said, Nettle has the right to express herself and it should not be a criminal offence to make derogatory remarks about a particular religion. The full text of the bill, all speeches made in the Senate debate on it, and other legislative material relating to the bill are available from Parlinfo Web.

Colorado Court Upholds Right of Both Divorced Parents To Influence Child's Religion

Yesterday, a Colorado Court of Appeals decided an important free exercise case involving conditions imposed in child custody orders. The case, In re the Marriage of McSoud (Colo. Ct. App., Feb. 9, 2006), involved a dispute between a boy's father who wished to raise him as Catholic, and the boy's Protestant mother. The 3-judge panel unanimously concluded, as have courts in other states, that absent a clear showing of substantial harm to the child, a parent who does not have decision-making authority with respect to religion nevertheless retains a constitutional right to educate the child in that parent's religion. However, the harm caused by one parent's disparagement of the other's religion or of the child's religion may be a compelling state interest that justifies a limitation on that parent's right to religious education of her child. But the court will not presume that mere exposure to a second religion causes harm. Harm must be shown in detail. The court also refused to find that the trial judge's religious beliefs warranted disqualifying him from deciding the case. The Associated Press has covered the decision.

Michigan Scout Troops Seek Private Sponsors To Avoid Establishment Clause Challenges

Echoing a similar report last month from Iowa, the McComb Michigan Daily reports that Michigan scout troops are following the advice of national scout leaders to end their ties with local governmental units and re-charter under the sponsorship of private groups. The move stems from fear of lawsuits against school boards and other public bodies because of the religious component in scouting activities. Last summer an Illinois federal district court held that government support of the Boy Scouts, to the exclusion of other groups, violates the Establishment Clause .

Islamic Conference Wants New UN Body To Also Prevent Religious Intolerance

The United Nations Commission on Human Rights has become so discredited that the United States and other nations have moved to create a new UN body to replace it, a Human Rights Council. Negotiations have been going on since last summer and have made progress, according to a briefing by a U.S. State Department official.

However, just as delicate negotiations on details of the new Council were beginning this week, the Organization of the Islamic Conference has called for the insertion of language requiring the new Council to "prevent instances of intolerance, discrimination, incitement of hatred and violence" arising from "any actions against religions, Prophets and beliefs". Yesterday's Financial Times says that supporters of the new Council fear that the OIC demand could be exploited by countries looking to undermine the creation of the HRC for other reasons. The OIC's move, growing out of the recent international furor over published cartoons of the Prophet Muhammad, has also caused concern over infringing free speech, and over possible delays if the proposal opens the door to demands on other specific issues. (See related Update at prior posting.)

Injunction Stay Pending Appeal Denied In Indiana Legislative Prayer Case

Indiana federal district court judge David Hamilton has written an extensive opinion supporting his refusal to stay his injunction, pending appeal, in the case that prohibited further sectarian prayer in the Indiana House of Representatives. In Hinrichs v. Bosma III, 2006 U.S. Dist. LEXIS 4740 (SD Ind., Jan. 24, 2006), the court held: "The defendant has not shown that he or others will suffer cognizable irreparable harm by complying with the injunction while the appeal goes forward. The injunction allows official non-sectarian prayers like those the Supreme Court approved in Marsh. Neither the defendant nor any other person has a constitutional right to use an official prayer to express and advance his personal religious beliefs. The balance of harms also weighs against a stay."

In concluding that House Speaker Bosma had showed no irreparable harm, the court said: "The Speaker's claim that the injunction interferes with his 'ability to accommodate the religious needs of those who lead these prayers' reflects a persistent misunderstanding of the court's decision and of the applicable law. All individuals -- the Speaker, all House Members, and any guests who might be invited to offer an official prayer -- retain the right to pray and worship as they see fit in private and non-official settings."

Discussing applicable precedents at length, the court said that it was not persuaded that defendants were likely to succeed on appeal either on their challenge to plaintiffs' standing or on the merits of the case. (See prior related postings 1, 2, 3.)

Air Force Issues Revised Religious Guidelines

The U.S. Air Force today issued a revised version of its interim religious guidelines. (Press release, Text of Revised Interim Guidelines, Explanatory Memo.) A first version of the Guidelines were issued in August 2005, and generated a good deal of controversy because of their insistence that prayers at military ceremonies be non-sectarian. Many Christian chaplains wanted to be able to mention Jesus in their public prayers. While today's new Guidelines still call for only a moment of silence or inclusive, non-denominational prayer at military ceremonies, they explicitly provide that military chaplains "will not be required to participate in religious activities, including public prayer, inconsistent with their faiths."

The new draft of the Guidelines, now shortened to one page, call for:

• Religious accommodation for military personnel.
• No endorsement of particular religious beliefs.
• Protection of voluntary discussion of religion.
• Public prayer limited to special ceremonies, and then it must be inclusive and non-denominational.

The conservative Christian group Focus on the Family issued a release praising the revised guidelines:

The guidelines appropriately caution superiors against making comments that could appear to subordinates to be official policy. With that in mind, they properly state that "superiors enjoy the same free exercise rights as all other airmen." Just as important, we hope these guidelines will bring an end to the frontal assault on the Air Force by secularists who would make the military a wasteland of relativism, where robust discussion of faith is impossible. That has not been the history of our armed forces, and it should not be their future. We particularly thank the Air Force for specifically recognizing that "voluntary participation in worship, prayer, study and discussion is integral to the free exercise of religion." Some have claimed an offense against the Constitution at the mere mention of these matters, although nothing could be further from the truth.

UPDATE: Statements from groups such as the Anti-Defamation League and Americans United for Separation of Church and State have criticzed the Air Force's amended Guidelines. Language that was in the earlier version that discouraged public prayer at "staff meetings, office meetings, classes, or officially sanctioned activities such as sports events or practice sessions" has been omitted from the shortened revised Guidelines. (New York Sun report, Feb. 10.)

Title VII Pre-Empts RFRA In Employment Discrimination Case

In Francis v. Ridge, (D VI, Dec. 27, 2005), Albion Francis claimed that the Transportation Security Administration's grooming policy for uniformed airport screening officers violates his free exercise rights as protected by the Religious Freedom Restoration Act. Francis wears his hair in dreadlocks for religious reasons. The federal district court for the Virgin Islands held that Title VII of the 1964 Civil Rights Act pre-empts RFRA in employment discrimination cases so that plaintiff was required to follow the exhaustion requirements of Title VII before filing an employment discrimination complaint.

EU Official Suggests Media Code On Religious Reporting

In an interview with today's News Telegraph, European Union Commissioner for Justice, Freedom and Security Franco Frattini suggested that European media adopt a voluntary code of conduct committing them to exercise "prudence" when reporting on Islam and other religions. Frattini suggested that the code be drawn up by the media with the assistance of the European Commission. The code would acknowledge the importance of respecting religious sensibilities of all religions. While Frattini's current proposal is obviously motivated by the "Muhammad cartoon" controversy, the European Commission has long wanted to introduce EU-wide legislation on fighting racism and xenophobia. [Thanks to The Editors Weblog for the information.]

Evangelical Group Moves To Intervene In AF Academy Suit

The National Association of Evangelicals on Wednesday filed a motion to intervene in a lawsuit that has been filed in federal court in New Mexico against the U.S. Air Force Academy charging it with illegal religious proselytization. (See prior posting.) The Associated Press reports that the group sought to intervene because this will permit it to introduce new facts, something it could not do merely as an amicus.

Paintings Excluded From Black History Month Display

In Deltona, Florida, city officials have refused to include three paintings by a local artist in an employee-organized Black History Month display in city hall because the paintings include religious elements. WorldNet Daily reports that one of the banned paintings depicts a New Orleans funeral procession. Another, entitled "3 a.m.," shows a partial Bible and part of the word "Jesus" on a church sign. "The Christmas Basket" shows a clergyman delivering food to a black family. With him are two people, one of whom wears a cap bearing the message "I (heart) Jesus." (The latter two paintings are pictured in the WND article.) Deltona's city manager says the paintings might be seen as government endorsement of religion.

UPDATE: Representing the artist, Liberty Counsel, a conservative legal advocacy group, demanded the city include Marcus' paintings in the display by Feb. 15 or face a federal lawsuit. (Report by AP.)

Evangelicals Urge Congress To Deal With Global Warming

Time Magazine reported that yesterday a group of 86 evangelical Christian leaders, in a move that opposes the position of the Bush White House, launched a campaign to educate Christians about climate change and to press Congress to act to reduce global warming. The group includes Pastor Rick Warren, author of the best-selling book, The Purpose-Driven Life. It also includes the presidents of 39 Christian colleges and heads of missionary organizations like the Salvation Army and World Vision. The group has issued a manifesto titled Climate Change: An Evangelical Call for Action, and it plans to launch a television ad campaign on Fox, CNN and local channels in nine states.

Wisconsin Bill Would Ban Teaching of Intelligent Design

In Wisconsin, according to the Baptist Press, state representative Terese Berceau announced on Tuesday that she has introduced a measure that would ban the teaching of Intelligent Design in Wisconsin public schools. Backed by 13 University of Wisconsin professors, the bill requires that any material presented as science in the public school curriculum must be testable as a scientific hypothesis, must describe only natural processes, and must be consistent with a description or definition of science adopted by the National Academy of Sciences. Berceau said teachers could still describe Intelligent Design and creationism in social studies or philosophy, or could even be include it in a science class so long as students are told that the theory is not science.