Organization Urges More Creches On Public Property

The Thomas More Law Center last week began a drive to increase the number of Nativity displays on public property this Christmas season. Announcing that it had reached an agreement with two Florida cities (Palm Beach Gardens and North Miami), the organization is urging its supporters to ask governments for permission to erect Nativity displays where they have not previously existed. Its release urging Christians to retake the public square says that a Nativity scene may constitutionality be displayed on public property so long as the display includes secular items, as well as in public forums such as parks.

Pakistan's High Court To Hear Arguments On Madrassa Grads In Legislatures

Pakistan's The News reports that today Pakistan's Supreme Court will hear arguments in an intriguing election case first filed in 2003. Under a 2002 order of Pakistan's Election Commission, any candidate for a seat in the national or in a provincial Assembly was required to hold at least a bachelor's degree be a university graduate. (Conduct Of General Elections Order, 2002, Sec. 8A.) In the 2002 general election, the Election Commission ruled that a Madrassa (Islamic religious seminary) certificate was the equivalent of a university diploma. The petition challenges that ruling and seeks to disqualify 68 Muttahida Majlis-e-Amal (MMA) members of the national and provincial Assemblies.

Australian State Eschews Ban On Religious Discrimination Under Christian Pressure

In the Australian state of South Australia, the attorney general has dropped a ban on religious discrimination from a proposed Equal Opportunity Bill that is now before the state's parliament. The Australian yesterday reported that mainstream Christian churches objected to the proposed provision, concerned that it would prevent them from criticizing other religions in their attempts to convert non-believers. Now the draft merely prohibits "discrimination on the ground of religious appearance or dress". Most other Australian states and territories already ban religious discrimination.

Recent Law and Religion Articles

From SSRN:

• Gareth T. Davies, (Not Yet) Taking Rights Seriously: The House of Lords in Begum v. Headteacher and Governors of Denbigh High School, on Religious Clothing in Schools, (Nov. 13, 2006).

• Patrick McKinley Brennan, The Decreasing Ontological Density of the State in Catholic Social Doctrine, (Villanova Law Review, Scarpa Symposium, Vol. 52, 2007).
  
  
• John Finnis, Religion and State: Some Main Issues and Sources, (American Journal of Jurisprudence, Vol. 51, 2006).

From Bepress:

• Edward R. Fluet, Mark J. Calaguas, and Cristina M. Drost, Legal Pluralism & Women's Rights: A Study in Post-Colonial Tanzania, (September 2006).

Recently published in law reviews (in part from SmartCILP):

• Symposium: Text, Tradition, and Reason in Comparative Perspective. Introduction by Adam Seligman and Suzanne Last Stone; articles by Michael Puett, Hanina Ben-Menahem, Silvio Ferrari, Asifa Quraishi, Christine Hayes, Asma Barlas, Yaakov Elman, Marion Holmes Katz, Arye Edrei, Shlomo Fischer, Steven D. Fraade, Paul W. Kahn, Ronald R. Garet and Jeremy Waldron. 28 Cardozo Law Review 1-332 (2006).

• Michael Stokes Paulsen, Is St. Paul Unconstitutional?, 23 Constitutional Commentary 1-5 (2006).

9th Circuit Dismisses Challenge To UC's Religious Studies Courses

The U.S. 9th Circuit Court of Appeals in LaFreniere v. Regents of the University of California, (9th Cir., Nov. 15, 2006), has affirmed the dismissal of an Establishment Clause challenge to the offering of religious studies courses by the University of California. In a short opinion, the court said that plaintiff failed to allege facts showing that the course offerings advanced a non-secular purpose, had the primary effect of advancing or inhibiting religion, and fostered an excessive government entanglement with religion.

A Call For More Diverse City Council Invocations In Lowell, MA

In Lowell, Massachusetts, the 40 year tradition of opening city council meetings with the Lord's Prayer is being questioned. Today's Boston Globe reports that an interfaith-- though largely Christian-- group of religious leaders wants Council to rotate its opening invocation between prayers representing each of the world's major religions-- Christianity, Judaism, Islam, Hinduism, and Buddhism. Lowell, which for many years was predominantly Catholic, now has a much more diverse population. The number of Buddhists, Hindus and Muslims is growing rapidly. Some city council members do not like the proposal. Council member Rita Mercier said: "They call us a melting pot. But if you melt something, you lose its identity." A subcommittee will meet to discuss the proposal this Tuesday, and will report to the entire council at the end of December. Meanwhile, some are suggesting a compromise: recite the Lord's Prayer at the beginning of each meeting, and a rotating prayer from another tradition at the end.

President Bush Attends Church In Hanoi

President George W. Bush and his wife, Laura, in Vietnam for a regional summit meeting, today attended Christian church services in Hanoi. After services the President spoke briefly (full text), saying in part: "it's our way of expressing our personal faith and, at the same time, urging societies to feel comfortable with, and confident in saying to their people, if you feel like praising God you're allowed to do so in any way you see fit." Last week, the U.S. State Department removed Vietnam from its list of most egregious violators of religious liberty. (See prior posting.) Today's India eNews covered the President's statement.

Los Angeles Pedophile Priest Claims Move Toward Trial

Yesterday's Los Angeles Times reports that after a three-year freeze imposed during settlement negotiations, a Los Angeles (CA) Superior Court judge has released more than 100 law suits against the Catholic Archdiocese of Los Angeles. This means that discovery may begin and trial dates can be set. The claims all involve allegations that 32 pedophile priests were sent to therapy and then transferred rather than being reported to authorities and parishioners. These cases comprise about 20% of the suits that have been filed. A number of the claims have already been settled or are nearing settlement. Also this week, in one of the cases the court ruled that plaintiffs could not gain access to 20 confidential documents containing psychiatric information about a priest in church personnel files.

Senate Condemns Iranian Repression of Baha'is

On Thursday, the U.S. Senate passed S. Con. Res. 101, a concurrent resolution condemning the repression of the Iranian Baha'i community and calling for their emancipation. The House of Representatives has already passed an identical resolution (H. Con. Res. 415). (See prior posting.)

One Establishment Clause Claim Survives After Second Las Cruces Decision

As reported last week, a New Mexico federal district court dismissed a lawsuit by school parent Paul Weinbaum claiming that the city of Las Cruces, New Mexico unconstitutionally endorsed religion by adopting as the city's symbol an emblem consisting of three crosses surrounded by a sunburst. However, on the same day it decided that issue, the court handed down a second decision that kept alive some aspects of the dispute over the display of Latin Crosses to symbolize Las Cruces. In Weinbaum v. Las Cruces Public Schools, 2006 U.S. Dist. LEXIS 83311 (D NM, Nov. 9, 2006), Paul Weinbaum challenged as Establishment Clause violations the Las Cruces schools' use of an emblem containing a sunburst and three crosses on maintenance vehicles; a sculpture depicting three stylized crosses displayed at the school system's regional sports complex; and the school board's policy on "Religion in the Curriculum".

In a lengthy opinion, the court found that neither the sculpture nor the school's curriculum policy violated the Establishment Clause. However it refused to grant summary judgment to the school board on the emblem claim. It said that the defendants, at least so far, had failed to produce any evidence on whether the predominant purpose in displaying the emblem was secular.

The court ended its opinion with an admonition similar to one at the end of its earlier opinion on the city emblem:

Mr. Weinbaum, a man of conviction, brought this suit hoping to make his community, a better, more welcoming, place. Sadly, it has come to the Court's attention that the opposite has occurred, that his child has been made to suffer for the position her father has taken. If that is true, or if, as a result of this decision it comes true, then shame on us all.

Christmas Food Tradition Trumps Inclusiveness In British School

The Yorkshire Post reports a story that shows how dedicated the British are to traditional Christmas fare. In a school in South Yorkshire, Head Teacher Jan Charters discovered that her attempt to be inclusive during the Christmas season was not appreciated by everyone. Twenty per cent of the students at Rotherham's Oakwood Comprehensive school are Muslims of Asian background. Charters proposed that the menu for the school's traditional Christmas lunch feature only chicken-- and that it be Halal so all students could feel comfortable eating it. She would have also offered as an optional side dish a sausage rolled in bacon-- which Muslim students could decline. However apparently traditional Christmas dinner in England features turkey. Parents, backed by Labour MP Denis MacShane, had a problem with requiring all the Oakwood students to eat Halal chicken. They said it would "undermine the traditional British Christmas". So Charters has given in to their request, and now there will be a choice of turkey, a vegetarian dish, or Halal chicken to celebrate the holiday.

South Carolina County May Repeal "Blue Laws"

Anderson County, South Carolina is one of 40 counties in the state that still have "blue laws". Residents may not buy anything except groceries and medicines before 1:30 p.m. on Sundays. However, according to today's Anderson Independent-Mail, every year (including this year) the city and county councils lift the Sunday shopping ban for the Christmas season. This move makes holiday shopping more convenient and lets local merchants compete with those in surrounding areas that can open earlier. Next week, Anderson County Councilman Michael G. Thompson plans to introduce legislation to eliminate the county's Sunday closing ban year-round.

Ohio High School Gives Independent Study Credit To Faith-Based Classes

Friday's Columbus Dispatch reports that an Ohio high school may have found a loophole in the constitutional ban against teaching of religion in public schools. Upper Arlington High School has approved independent-study academic credit for 25 students enrolled in an English and a History class that meet at a local Baptist church. Using Christian educational materials published by Veritas Press, the classes are not taught by public school teachers. Students pay for their own books and pay $600 tuition to cover teachers' salaries and class materials. School administrators say they have no problem with the courses so long as they teach the skills required by state standards. However, Rick Dickinson, general counsel for the Ohio School Boards Association, says he believes that independent-study classes are subject to the same Establishment Clause constraints as other courses taught in the public schools. [Thanks to Blog from the Capital for the lead.]

Satire Directed At Pope Troubles Italians

Sharp satire directed Pope Benedict XVI and his personal secretary, Msgr. Georg Gänswein, on Italian radio and television has provoked a good deal of criticism. Articles yesterday in the Catholic News Service and the New York Times recount many of the comic skits. Carlo Cardia, a professor of ecclesiastical law at the University of Rome, wrote in L’Avvenire (a newspaper owned by the Italian Bishops’ Conference): "Perhaps there is the secret intention to see if the church will respond like some Muslims responded to the satirical cartoons or to articles that criticize Islam, to then scream scandal."

Islamic Veil Continues To Spark Political Controversy

Wearing of veils and burqas by Islamic women continues to be a hot button political issue around the world. In the Netherlands on Friday, five days before national elections, Immigration Minister Rita Verdonk announced that the government plans to introduce legislation to ban the burqa and similar garments in public places. The New York Times reports the Dutch government is concerned that a terrorist might use such garments to get beyond security checkpoints.

Meanwhile, AFP reported today that in Egypt the powerful Islamic Brotherhood has called for Parliament to dismiss Culture Minister Faruq Hosni because of remarks he made critical of Islamization. In an interview published on Thursday, the Culture Minister criticized the growing number of women in Egypt who are wearing the veil. He said, "There was an age when our mothers went to university and worked without the veil. It is in that spirit that we grew up. So why this regression?"

The Montreal Gazette yesterday published an AP story, surveying the debate in the Muslim world, titled Veil or Not to Veil?.

House Praises Christmas Tree Industry

Back from its break for the November elections, the U.S. House of Representatives on Tuesday passed H.J. Res. 96 recognizing the important contribution of the live-cut Christmas tree industry to the United States economy.

U.N. Day Of Tolerance Brings Out Star Wars Fans

Yesterday was the United Nations International Day of Tolerance. Secretary General Kofi Annan released a message (full text) calling for countries to combat religious intolerance through both law and education. Meanwhile in England, two Star Wars film fans marched on the UN's London headquarters asking for the international body to recognize the Jedi Knights as one of the world's religions. One of the protesters, John Wilkinson called on the UN Association to change November 16 — the International Day of Tolerance — to the Interstellar Day of Tolerance. Reporting on this, The Sun says that in the 2001 United Kingdom census, 390,000 people listed their religion as Jedi Knights. This would make it the fourth largest religious group in Britain. The U.N.'s response to all of this was that they are not in the business of certifying religions. (The Raw Story).

First Muslim Congressman Gets Attention

The Houston Chronicle today says that newly elected Minnesota Congressman Keith Ellison is quickly becoming a national symbol in the Muslim community. As the first Muslim member of Congress, he is also receiving international attention. Ellison, who was born a Catholic, converted to become a Sunni Muslim while he was a student at Wayne State University in Detroit.

The State of Religious Freedom In Turkey Reviewed

Catholic News Service yesterday distributed a long article on the state of religious freedom in Turkey. The country's constitution guarantees religious freedom and a 1923 treaty guarantees religious minorities can operate religious and charitable institutions. However minority religious communities are not recognized as legal entities that can hold property, and restrictions on private religious higher education prevent opening of seminaries in Turkey. In order to maintain secularism in the country, the government exerts extensive control over Islam. It builds and funds mosques, hires Muslim prayer leaders, controls religious education and bans religious head coverings in public offices and universities. Pope Benedict XVI will visit Turkey at the end of this month, and it is expected that he will press for greater religious freedom for minority religions.

Mexican President's Visit To Bishop's Conference Is Controversial

Mexico's President Vincente Fox made an unprecedented visit yesterday to the plenary assembly of the episcopal conference of Catholic bishops being held in Lago de Guadalupe. Zenit reports that the bishops, responding to media criticism of the visit, issued a statement saying they wished to be of service to all of Mexico. Zenit says that another milestone in Church-state relations in Mexico will occur when President-elect Felipe Calderón talks with the bishops on Friday.