New Zealand Police Want Ban On Drivers Wearing Burqa

In New Zealand, a police union has called for a total ban on women driving while wearing a burqa. CNS News reported yesterday that the proposal came after officials instituted a new policy of only permitting female officers to check the identity of women drivers who are covered by a burqa. The Police Association said its proposal was motivated by safety concerns and concern that criminals could use a burqa to conceal their identity. This is not the first time New Zealand authorities have struggled with the issue of Muslim dress. Last year a court required Muslim women testifying in a fraud case to remove their veils-- screened from public view-- so the court could assess their demeanor during their testimony.

Egyptian Court Vindicates Rights of Bahais

In Egypt, according to Reuters, a landmark ruling this week by the Administrative Court has recognized the right of Bahais to have their religion acknowledged on official documents. In 1983, a similar ruling was issued. However in 2004, the Interior Ministry's Civil Status Department reinstated an earlier policy of forcing Bahais to identify as Muslim or Christian. This week's suit was filed by a married couple whose official documentation had been confiscated because it listed their religion as Bahai.

Claims Against NSF In Berkeley Evolution Website Suit Dismissed

After dismissing for lack of standing a suit against the University of California, Berkeley, claiming that its website "Understanding Evolution" promoted religion (see prior posting), a San Francisco federal district court has, in a second opinion, similarly dismissed claims against the other defendant in the case, the National Science Foundation. The NSF dismissal is Caldwell v. Caldwell, 2006 U.S. Dist. LEXIS 16251 (ND Cal., March 20, 2006).

Austrian Imams' Conference Begins Today

Islam Online reported earlier this week that the Austrian government is sponsoring a conference beginning today that will bring together 150 Muslim leaders, imams and female preachers from 40 European countries. Austrian Chancellor Wolfgang Schuessel and Foreign Minister Ursula Plassnik will attend the opening session. British and German Muslim parliamentarians have been also invited to the conference. A similar conference a year ago focused on ending stereotyping and demonizing of Muslims. The Associated Press yesterday reported on this year's conference, saying that the key issue will now be how to create a distinct identity for European Muslims. A similar emphasis is found in a Radio Free Europe interview with Dr. Abduljalil Sajid, the chairman of Britain's Muslim Council for Religious and Racial Harmony, published yesterday.

Boy Scout Jamboree Case Argued In 7th Circuit

The Chicago Tribune reports on arguments yesterday in the U.S. 7th Circuit Court of Appeals in Winkler v. Rumsfeld, a case brought by the ACLU challenging government funding of the Boy Scouts annual jamboree. (See prior posting.) The trial court had held that the funding violates the First Amendment because the funding favors religion. The Boy Scouts oath require members to affirm a "duty to God". The government argued yesterday that: "Any group can approach the military ... and request similar aid to what the Boy Scouts are getting. The plaintiffs haven't shown, on the record, that anybody has ever requested it and been denied." Background on the case is reported by the AP and the Washington Post. The ACLU's brief in the appeal and recordings of yesterday's oral arguments are available online.

UPDATE: Here is a link to all the briefs in the case. [Thanks to How Appealing.]

New Mexico Court Refuses Jurisdiction Over Rabbi's Suit

In Celnik v. Congregation B'nai Israel, a New Mexico Court of Appeals in an opinion originally released Feb. 6 and issued in corrected form April 4, 2006, applied the church autonomy doctrine to dismiss a suit by a long-tenured rabbi against his synagogue after his employment was terminated. Describing the case as raising an issue of first impression in New Mexico, the court held that the church autonomy doctrine protects religious institutions from governmental interference. Rabbi Celnik claimed that defendants had disseminated one-sided information about him to sway the congregation to compel him to resign. He claimed his dismissal was actually motivated by his Parkinson's disease, his age, his wife's medical condition and his complaints about the congregation's failure to compensate him in accordance with his contract.

Missouri House Passes Proposed Constitutional Amendment On School Prayer

Today the Missouri House of Representatives passed and sent on to the Senate HJR 39, that would ask the voters to amend the Missouri Constitution's bill of rights to protect school prayer. If passed by the Senate, the proposed amendment will then go to a vote of the people. The new Art. I, Sec. 5 would read [new language in italics]:

That all men and women have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his or her religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his or her person or estate; that to secure a citizen's right to acknowledge Almighty God according to the dictates of personal convictions, neither the state nor any of its political subdivisions shall establish any official religion, but a citizen's right to pray or to express his or her religious beliefs shall not be infringed; that the state shall not compose prayers nor coerce any person to participate in any prayer or other religious activity, but shall ensure public school students their right to free exercise of religious expression without interference, as long as such prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive nor in violation of other policies, rules, or standards, and as long as such prayers or expressions abide within the same parameters placed upon any other free speech under similar circumstances; and, to emphasize the right to free exercise of religious expression, that all free public schools receiving state appropriations shall display, in a conspicuous and legible manner, the text of the First Amendment of the Constitution of the United States; but this section shall not be construed to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.

The vote in the House was 134 yes, 17 no, and 3 present. The St. Louis Post Dispatch reported yesterday that proponents of the constitutional amendment say it will prevent litigation and will make clear to students what their rights are. Opponents say it is unnecessary and could create confusion. Democrats failed in an attempt to add a provision that would set a popular vote on the proposed amendment in August. They believe that placing the amendment on the November ballot might draw more Republicans to the polls than otherwise.

Jewish Leaders Debate Abramoff Sentencing Letters

The Washington Jewish Week yesterday carried a long article discussing the ambivalence in the Jewish community about the fact that six rabbis and the president of the Greater Washington Jewish Federation were among the 260 people writing letters to Florida federal district Judge Paul Huck urging leniency in sentencing of lobbyist Jack Abramoff. Many of the letters were quoted in a memorandum in aid of sentencing filed with the court by Abramoff's lawyers. Their memo pointed out that Abramoff "often gave more than 80 percent of his income to charitable and community projects and to individuals outside his family." Another article on the topic is in this week's Forward. Abramoff received the minimum sentence permissible under the Federal Sentencing Guidelines, --five years and 10 months-- after prosecutors told the judge that Abramoff was cooperating in their ongoing investigation and had expressed remorse for his actions. (Washington Post).

DC Voucher Plan Is Succeeding With Parents and Students

Today's New York Times carries a front-page article reporting that the federal school voucher program in the District of Columbia is attracting more participation and is winning the support of minority parents. More than half the students in the program attend religious schools, mostly Roman Catholic.

Nepalese Court Sentences Woman For Slaughtering Cow

BBC News reported this week that a court in the Sankhuasabha district of Nepal has sentenced a woman to 12 years in prison for slaughtering a cow. Cows are considered sacred in the Hindu kingdom, and killing them (but not eating beef) is illegal. The woman who was sentenced is not Hindu.

8th Circuit Upholds Contempt Finding For Conducting Religious Baccalaureate Ceremony

This week, in Warnock v. Archer (8th Cir., April 4, 2006), the U.S. 8th Circuit court of Appeals upheld the trial court's civil contempt order against the DeValls Bluff Arkansas School District and its employees for violating an injunction that prohibited them from orchestrating or supervising prayers at school graduation or baccalaureate ceremonies. A 2004 baccalaureate ceremony included an invocation and benediction by local ministers. While school officials claimed that the baccalaureate service was a student-organized event, the court found that school employees were involved with almost every aspect of the service's preparation. The Associated Press reports that the successful plaintiff in this litigation, Paul Warnock, was eventually fired as a teacher, but lost his suit claiming that his dismissal was because of his complaints about religious discrimination and Christian prayer in the school.

US Senate Resolution Backs Religious Freedom In Afghanistan

On Tuesday, the United States Senate passed a resolution, S. Res. 421, calling on the government of Afghanistan to uphold freedom of religion and urging the government of the United States to promote religious freedom in Afghanistan. The House of Representatives passed a similar resolution last week.

Schools Around The Country Consider New Policies On Religious Issues

Schools around the country seem to be busy adopting new policies on religious issues. Here are three interesting examples.

Temecula, California school officials have updated their policy, which Tuesday's North County Times said was about to be presented for board approval. The new policy is intended to permit religious songs, such as Silent Night, to be performed as part of holiday musical programs. The draft policy provides that "programs having religious themes are permitted as part of the curriculum for school-sponsored activities and programs if presented in an objective manner and as a traditional part of the cultural and religious heritage." It goes on to state that religious symbols also are permitted as teaching aids as long as they are displayed as examples of the cultural and religious heritage of the holiday and are temporary.

Agape Press last week reported that the Lancaster, California school district has adopted new guidelines for the teaching of evolution. They provide that "discussions that question the theory of evolution may be appropriate as long as they do not stray from current criteria of scientific fact, hypothesis, and theory."

In Brunswick County, North Carolina, by a vote of 3-2 the Board of Education this week approved the first reading of policy permitting non-school-related "books and periodicals" including religious literature to be made available to high school students. The Brunswick Beacon reported yesterday that the ACLU and other groups had opposed the policy, arguing that religious materials in schools violates the separation of church and state doctrine.

Grand Jury Testimony of FLDS Victim Recounted

Today's Salt Lake Tribune carries a gripping account of grand jury testimony by a woman forced into plural marriage by her father. The marriage ceremony was performed by Warren Steed Jeffs, president of the Fundamentalist Church of Jesus Christ of Latter Day Saints. The marriage took place in Arizona that has a constitutional prohibition against polygamy; but the state has no criminal statute implementing the prohibition. So authorities are relegated to relying on state laws that prohibit sexual activities with minors. FLDS, with adherents in bordering Utah and Arizona towns, has been the focus of a wide array of lawsuits and enforcement activities. Jeffs is wanted by Arizona authorities on charges related to the marriage described to the grand jury.

UPDATE: On April 6, new charges were filed against FLDS leader Warren Jeffs. He is charged with being an accomplice to felony-rape by arranging the marriage of a minor. (Deseret Morning News, Apr. 7).

Florida Legislative Committees Pass Opposing Voucher Proposals

Yesterday's Gainsville Sun reported that Florida House and Senate committees disagree over the scope of a proposed constitutional amendment to authorize school vouchers. The proposals are an attempt to reverse court decisions that have struck down some current Florida programs on state constitutional grounds. A House committee voted 5-2 in favor of a broad resolution, HJR 1573, that would authorize the Legislature to create voucher programs for children of any parents who "request alternatives to traditional public education programs." (See prior posting.) Meanwhile, yesterday a state Senate committee voted 6-1 in favor of a narrower proposal (SJR 2170) that would merely validate school voucher programs that have already been enacted, but would not authorize new ones. It appears that as of now there are not enough votes in the full Senate to pass even this narrower proposal.

Catholic Group Sues San Francisco Over Criticism of Vatican

Last week, San Francisco Board of Supervisors strongly criticizing the Vatican for suggesting that Catholic social service agencies in California should refuse to place children for adoption with gay or lesbian couples. (See prior position.) Yesterday the Thomas More Law Center announced that it had filed suit on behalf of the Catholic League for Religious and Civil Rights and two San Francisco Catholic citizens challenging the resolution as a "startling attack by government officials on the Catholic Church, Catholic moral teaching and beliefs, and those who adhere to the tenets of the Catholic faith." Bill Donohue, president of the Catholic League, said "This is a matter so serious that no apology can ever suffice to undo the injurious effects that the resolution triggered. A legal remedy is needed."

The complaint in the lawsuit alleges that the First Amendment "forbids an official purpose to disapprove of a particular religion, religious beliefs, or of religion in general." It goes on to argue that the "anti-Catholic resolution sends a clear message to [Catholics] ... that they are outsiders, not full members of the political community and an accompanying message that those who oppose Catholic religious beliefs, particularly with regard to homosexual unions and adoptions by homosexual partners, are insiders, favored members of the political community." Yesterday's 365gay.com reports further on the lawsuit.

UPDATE: Here is the full text of the San Francisco Board of Supervisors resolution. [Thanks to Volokh Conspiracy.]

School Must Re-Display Bricks With Religious Messages

A federal district court has ordered an upstate New York public high school to return nine bricks inscribed with evangelical Christian messages to a high school walkway from which they had been removed. In Mexico, a village 30 miles north of Syracuse, as a fund raiser a high school class sold bricks that could be inscribed with personal messages. The school received complaints about some of the bricks they sold--ones with messages like "Jesus Saves" and "Jesus Christ The Only Way!". Concern over separation of church and state led school district officials to remove these particular bricks, even though they did not remove others referring to God or commemorating particular churches. The Associated Press yesterday reported that the court found the walkway to be "a limited public forum" open to public expression. The school could not exclude religious viewpoints while permitting others in such a forum. The court also held that the brick sale was clearly a secular project and that the nine bricks did not violate the Establishment Clause of the Constitution.

UPDATE: Here is the full opinion in Kiesinger v. Mexico Academy and Central School, (ND NY, March 31, 2006). [Thanks to How Appealing via Blog From the Capital.]

7th Circuit Dismisses Church Music Director's ADEA Claim

The U.S. Seventh Circuit Court of Appeals yesterday dismissed an age discrimination suit brought by the 50-year old music director and organist employed by a Roman Catholic Church in Peoria, Illinois and by the Peoria Diocese. In an interesting decision by Judge Richard Posner, the court in Tomic v. Catholic Diocese of Peoria (7th Cir., April 4, 2006) invoked the principle that courts will not exercise jurisdiction over the internal affairs of religious organizations when it would involve courts in deciding ecclesiastical matters. Rejecting the argument that Tomic did not have religious duties, the court said that moving ahead with the case would involve the court in deciding whether Tomic was dismissed because of church needs rooted in church doctrine, or whether that was a pretext for age discrimination. The court also rejected the Second Circuit's recent holding that the Religious Freedom Restoration Act intended to substitute its standard of review for the traditional ministerial exception in ADEA cases. He said that RFRA applies only to cases in which the government is a party.

Civil Rights Commission Urges Moves By Colleges Against Anti-Semitism

At a meeting on Monday, the U.S. Civil Rights Commission voted 4-1 to recommend a number of steps to counter anti-Semitism on American university campuses. The move, reported by yesterday's New York Sun, follows reports that the U.S. Department of Education was questioning whether Title VI of the 1964 Civil Rights Act protected Jews from discrimination. (See prior posting.) The Commission urged federal grant-making institutions to exercise appropriate oversight so that academic departments of Middle East Studies do not use federal funds to support discriminatory conduct. It also encouraged the Department of Education's Office of Civil Rights to inform college students about their rights under federal civil rights laws. It said Congress should direct the Office of Post Secondary Education to collect more information on anti-Semitic and other hate crimes, and should amend Title VI to clearly ban discrimination against Jewish individuals as part of the law's prohibition against national origin discrimination.

Dissenting from the Commission's recommendations was its chairman, Gerald Reynolds, who insisted that it was inappropriate to collapse the concepts of religion and national origin in order to protect Jews under Title VI.

Excluded Religious Groups Sue Wisconsin's Employee Charitable Campaign

In Wisconsin, charities approved by the state's Department of Administration are eligible to receive a share of the contributions made by state employees to the Wisconsin State Employees Charitable Campaign. In order to be approved, a charity must sign a non-discrimination statement that applies to membership in the organization, employment, volunteer opportunities and receipt of services. The required statement includes non-discrimination on the basis of creed or sexual orientation. Yesterday, the Alliance Defense Fund and Christian Legal Society filed suit (ADF press release, AP story) on behalf of the Association of Faith-Based Organizations challenging the constitutionality of the policy insofar as it requires religious organizations to abandon their policy of requiring members, board members, volunteers and employees to share the organization's religious views. The lawsuit alleges (full text of complaint) that these requirements deprive plaintiff groups of their First Amendment rights of speech, association and free exercise of religion, and denies the groups equal protection of the laws. The suit seeks declaratory and injunctive relief and an award of attorneys' fees.

UPDATE: On Thursday, Gov. Jim Doyle called for a review of standards used to determine which charities can participate in WSECC. (Associated Press).