New Civil Marriage Bill Proposed In Israel

Israel's government plans to introduce into the Knesset a limited civil marriage bill according to reports yesterday by the Jerusalem Post and Y-Net News. The bill, drafted by Justice Minister Meir Sheetrit, will permit civil marriage in Israel only between Israeli citizens who are defined as non-Jews according to Orthodox Jewish law and who do not belong to any other religion. It will have the odd effect of requiring individuals to prove that they are not Jews in order to take advantage of the bill's provisions. The new law will not permit civil marriages between Jews and non-Jews, nor will it permit Jews to marry in Israel in ceremonies performed by Conservative or Reform rabbis, or by civil authorities. The move comes as part of an agreement for Avigdor Lieberman's Yisrael Beitenu Party to join the Kadima-led coalition government. (Y-Net News.)

The main beneficiaries of the new law will be many Russian immigrants to Israel who cannot prove to rabbinic authorities that they are Jewish under Orthodox rabbinic standards. This approach has the backing of Chief Rabbi Shlomo Amar and the Shas religious party, since it does not conflict with Jewish religious law. However some rabbis fear that this is merely a first step to permitting civil marriages between Jews and non-Jews.

Court Approves Settlement Of West Virginia School Jesus Portrait Suit

The high profile lawsuit in Harrison County, West Virginia over a portrait of Jesus that had hung for many years in Bridgeport High School came to a quiet end last Wednesday as a federal judge approved a settlement submitted by both parties-- but whose text has apparently not been publicly released. (West Virginia Record, Oct. 19). Both parties, represented respectively by the Alliance Defense Fund (release) and the Americans United announced two weeks ago that they had reached a settlement. The only description of it was in AU's press release: "The settlement today ensures that the school board will not allow a display of Sallman's 'Head of Christ' or unconstitutional displays of 'any pictures, paintings, posters, prints, statues, carvings, or other items with religious content' at Bridgeport High School. " An Oct. 6 letter to the editor of the Huntington (WV) News by the lone dissenter on the school board was equally cryptic. He said that the settlement did clarify some important points and indicated that he would back the full board's decision, even though he had voted against it. He also indicated that funds that had been donated for the school's legal defense would be returned to donors. He promised that the Alliance Defense Fund would release a summary of the settlement in the coming weeks, but so far there appears to be no sign of that release.

UPDATE: I now have a copy of the Consent Judgment (thanks to Ed Brayton). In exchange for plaintiffs dropping the suit and making no claim for attorneys' fees or expenses, the school system agreed that it:

will not restore the Head of Christ portrait or another copy of that portrait to Bridgeport High School. Nothing in this agreement will preclude the adoption of a textbook or other professionally published curriculum-related material that includes a reproduction of the portrait, so long as [it] ... is selected for constitutionally valid secular purposes and in accordance with Defendants' normal policies and practices.

... any pictures, paintings, posters, prints, statues, carvings, or other items with religious content displayed by, or under the authority or direction or with the approval or endorsement of, the Defendants acting in their official capacities will be displayed only: (a) for constitutionally valid secular purposes ...; and (b) in accordance with the Defendants' educational mission....

Nothing in this agreement will ... prevent individual Bridgeport High School employees or staff from possessing, displaying, or using religious items in their personal work areas ... in a manner consistent with relevant court decisions and statutory law.

New Study of Pentacostals and Charismatics

The Pew Forum on Religion & Public Life earlier this month released a new ten-country survey of Pentacostals and Charismatics titled Spirit and Power. The report says: "Renewalist Christians' strong focus on the supernatural has led to the widespread perception that the movement is largely apolitical in outlook. Although renewalists are focused on spiritual matters, many also say there is a role for religion in politics and public life. In nine of the 10 countries surveyed, for instance, at least half of pentecostals say that religious groups should express their views on day-to-day social and political questions; support for this position is equally widespread among charismatics. In every country surveyed, furthermore, renewalists are at least as likely as others to express this view." This week's Christian Century discusses the study.

Israeli Mother Launches Symbolic Challenge To Role Of Jewish Law

Today's Jerusalem Post reports on an odd case that is about to go to Family Court in Israel. In Israel Jewish marriage, divorce and personal status issues are governed by Jewish law (Halacha), sometimes applied by rabbinic courts and sometimes applied by the civil Family Court. (Background.) Under Jewish law (halacha), a child born from an adulterous relationship holds the status of "mamzer" and in Israel is only permitted to marry a convert to Judaism or another mamzer. However there is a strong presumption that a child conceived while a woman is married was in fact fathered by the woman's husband. Surprisingly, a mother-- whose name is not reported-- is seeking to have the Family Court rule that her son (identified only by the pseudonym Moshe) was in fact a mamzer, even though she was eight months pregnant before she was formally divorced from her husband.

Represented by an organization that defends the rights of unconventional families, the mother-- a secular Jew-- wants a DNA test to show that Moshe's father is in fact the man who she married after her divorce from her first husband was final. Rabbi Moshe Rauchverger, a senior member of the Chief Rabbinate's Governing Council and Haifa marriage registrar, says that the mother should protect her son's presumed legitimacy. The mother's attorney, however, emphasized the point that the lawsuit aims to make: "It is absurd that in Israel of the 21st century people like Moshe have to suffer because of Halacha."

British Summit On Inclusion By Faith Schools

Today's Guardian reports that in Britain, representatives of the country's major religions are meeting today with Education Secretary Alan Johnson for an "inclusion summit". The Secretary will discuss the government's recently proposed legislation to require new (but not existing) faith schools to admit up to 25% of their student body from faiths other than that of the institution's sponsor, or else obtain an exemption. The Church of England has announced that it will voluntarily do this in its schools. Most new faith schools that will be subject to the proposal are expected to be Muslim. (See prior related posting.)

UPDATE: This Is London on Monday reported that the British government has plans to give Ofsted (Office For Standards In Education) inspectors the power to grade state-supported faith schools on how much they contribute to "community cohesion" by employing teachers of different religious backgrounds.

UPDATE: On Oct. 27, Britain's Education Secretary Alan Johnson announced that he was dropping the proposal to require new faith schools to take 25% of their students from other religious groups. (ePolitix)

New Books On Religion, Law & Public Policy

A number of new books of interest have recently been published:

Brooke Allen, Moral Minority: Our Skeptical Founding Fathers ,(Ivan R. Dee Publisher, Sept. 2006), reviewed in Sunday's New York Times.

Darryl Hart, A Secular Faith: Why Christianity Favors the Separation of Church and State, (Ivan R. Dee Publisher, Sept. 2006).

Sam Harris, Letter to a Christian Nation, (Knopf, Sept. 2006).

David Pryce-Jones, Betrayal: France, the Jews and the Arabs, (Encounter Books, Oct. 2006).

Robert Royal, The God That Did Not Fail: How Religion Built and Sustains the West, (Encounter Books, Aug. 2006).

Lew Daley, God and the Welfare State, (MIT Press, Oct. 2006).

David Yonke, Sin, Shame & Secrets: The Murder of a Nun, the Conviction of a Priest, and Cover-up in the Catholic Church, (Continuum International, Nov. 2006).

Andrew Greeley & Michael Hout, The Truth about Conservative Christians: What They Think and What They Believe, (University of Chicago Press, Fall 2006).

Jewish Dems List Worst Members of Congress On Jewish Issues

This week's Philadelphia Jewish Voice reports on a recent rating of members of Congress by the National Jewish Democratic Council Political Action Committee. The NDJCPAC has named its "Backward Eighteen"-- the 18 members of Congress up for election this year whose records are worst on issues of importance to the American Jewish community. Not surprisingly, considering the group that compiled the list, the 4 Senators and 14 Representatives on the list are all Republicans. The list includes legislators from Arizona, Colorado, Florida, Indiana, Missouri, Montana, New Jersey, New York, Ohio, Pennsylvania, Texas, Virginia, Wyoming.

Mississippi City Sued By Preachers Who Were Kept Off Sidewalk

On Friday, the Alliance Defense Fund filed a federal lawsuit against the city of Wiggins, Mississippi and various of its officials on behalf of two Christian preachers who were threatened with arrest for carrying signs and engaging in religious speech on a public sidewalk using a microphone and amplification system. The complaint (full text) says that police told the individuals that they were violating the city's noise ordinance, its sign ordinance, were obstructing traffic and endangering public safety. Police told the two Christian evangelists to obtain a permit, but they were later told that the city did not have a permit system. The complaint alleges that the city's conduct violated the 1st and 14th amendments to the U.S. Constitution, as well as provisions of the state constitution protecting speech and assembly.

Rising Orthodox Jewish Population Impacts Much In New Jersey Town

Today's Newark (NJ) Star-Ledger carries a long article on the changes taking place in Lakewood Township, NJ as the Orthodox Jewish population has expanded rapidly. Members of the Orthodox community-- who generally avoid assimilating into the more general culture-- have been elected to various municipal offices and boards. There are almost three times as many children in Orthodox Jewish day schools as there are in public schools. Disputes on allocation of state funds for pre-school special education have arisen. The state Department of Education held that black and Latino children in the Lakewood district have received too little; whites tend to be in more expensive all day pre-school programs. The Department's finding is under appeal. An Orthodox neighborhood watch group formed after an Orthodox woman was abducted and raped has been denounced by the Lakewood Public Safety Director as a private police force. Housing discrimination complaints are high. The other rapidly growing ethnic group in Lakewood is undocumented Mexicans. Rabbi Moshe Zev Weisberg says that small incidents are blown out of proportion and framed as an "Orthodox conspiracy".

While unofficial websites describe Lakewood Township as a hub of Orthodox Judaism (Wikipedia), the Township's official web site makes almost no mention of this. Its listing of houses of worship includes only two of the more than 100 Orthodox synagogues in the township, and its listing of private elementary schools lists none of the many Orthodox institutions. [Thanks to Steven H. Sholk for the lead.]

Niqab Controversies In US, Britain, Egypt

Around the world, the niqab-- a veil covering the face that is worn by some Muslim women-- is creating heated controversy.

Earlier this month in Britain, a Muslim teaching assistant was suspended after she refused to remove her niqab while teaching 11-year olds who speak English as a second language. Yesterday's Telegraph reported that the teacher, Aishah Azmi, sued for discrimination in an employment tribunal after she was suspended for failing to comply with management instructions. She argued that her rights under the Employment Equality (Religion or Belief) Regulations 2004 were violated. The tribunal rejected her discrimination claim, but award her damages for injury to her feelings. A second report by the Telegraph says that Azmi's lawyer plans to seek legal aid funding to appeal the case to the European Court of Human Rights. However, a Muslim member of Parliament, Shahid Malik, called for Azmit to drop the suit, saying that there is no support for it from Muslim parents.

In Egypt, the Provost of Helwan University angered some Muslims when he issued an order that any students wearing a niqab must be checked by security women to verify their identity before they will be permitted into the school's dormitories. Gulf News today reports that the university is concerned that a man could walk into female dormitories hidden behind a niqab, or that other criminal activity could be hidden. However students and human rights groups are protesting the order issued a few weeks ago. Illustrating the strength of the feelings on the issue, last week a female Muslim preacher was threatened with death after stating on a television broadcast that the niqab was not required by Islamic law. And the Muslim Brotherhood has filed a complaint with the Prosecutor-General seeking an investigation into alleged exclusion of niqab-wearing students from government-run universities.

Meanwhile, niqab controversies also have come to the United States. Today's Detroit Free Press reports that in a small claims dispute in Hamtramck (Michigan) District Court, a judge has said that he will dismiss a case after a Muslim woman refused remove her niqab before testifying in her lawsuit against a rental car company. The judge said he needs to see the woman's face while she is on the witness stand in order to help assess the truthfulness of her testimony.

Former German Official Criticizes Religious Motivations Of Bush

The Associated Press today reports on excerpts from a new book by Germany's former Chancellor Gerhard Schroeder in which the German leader expresses concern about the religious motivations behind decisions of U.S. President George W. Bush. In excerpts published by Der Spiegel, Schroeder says: "We rightly criticize that in most Islamic states, the role of religion for society and the character of the rule of law are not clearly separated. But we fail to recognize that in the USA, the Christian fundamentalists and their interpretation of the Bible have similar tendencies." Schroeder's book is titled Decisions: My Life in Politics.

Role of Religion In Connecticut Senate Race

Today's Hartford (CN) Courant discusses the role of religion in the high profile Senate race between Democratic nominee Ned Lamont and current Senator Joseph Lieberman who is running as an Independent after losing in the Democratic primary. A column by Mark Silk, director of the Center for the Study of Religion in Public Life, reports that in the primary, Lieberman carried the Catholic and Jewish vote. However Lamont carried the Protestant vote and won by a 3-1 margin among those who have no religious affiliation and by a 2-1 margin among adherents of non-Judeo-Christian faiths. Lieberman, who is Jewish, received 61% of the Jewish vote in the primary. Many Jews, however, are strong supporters of church-state separation and object to Lieberman's strong emphasis on religion in his campaign.

Archbishop of Cantebury In China

A Reuters article in today's Washington Post reports on the two-week visit on the Archbishop of Cantebury Rowan Williams to China. He has talked with government officials on issues of concern such as the environment, an aging society, censorship and the death penalty. On Sunday he held a service in Beijing and encouraged Chinese Christian leaders and intellectuals to play a role in discussions on China's public policy issues.

UPDATE: As the Archbishop of Cantebury ended his trip to China, Tuesday's London Times reports that human rights activists charge Williams did not press Chinese officials strongly enough on issues of religious freedom.

California City Will Settle Lawsuit By Christian Dance Group

The city of Chula Vista, California has agreed to settle a suit filed last year on behalf of the Jesus Christ Dancers-- a group of six girls who were excluded from performing last year in the city's Holiday Festival even though a Hawaiian prayer dance group was allowed to perform. Subsequently the mayor apologized to the Christian dance group and City Council agreed to permit religious expression at future Holiday Festivals. (See prior posting.) A federal court hearing on the settlement will be held Tuesday. Yesterday's San Diego Union Tribune reports that the settlement provides for the city to pay $31,000 in damages, and to furnish training to police officers and managers on First Amendment rights, particularly the rights of religious persons to express their faith in the public square.

Developments In RLUIPA Land Use Cases

There have been developments in two RLUIPA land use cases. The first is reported by today's Orange County (CA) Register. In Santa Ana, California, a federal district court granted the Quan Am Buddhist Temple of Garden Grove a temporary restraining order to permit it to hold worship services in several suites in an office building that it purchased almost two years ago. Several applications to build a Temple on the site have been rejected. (See prior posting.) Garden Grove’s City Manager says that his main concern has been to preserve valuable office space for the city. The judge’s order prohibits anyone from staying overnight or cooking over an open flame in the office building, and the Temple must bring all its rooms up to code within 30 days. UPDATE: The full decsion in Vietnamese Buddhism Study Temple in America v. City of Garden Grove, which granted a preliminary injunction (not a TRO) is now available at 2006 U.S. Dist. LEXIS 81635 (CD CA, Oct. 20, 2006).

Meanwhile, according to today's South Florida Sun-Sentinel, the Hollywood, Florida, neighbors of a Chabad Lubavitch synagogue have appealed a federal district court ruling that precluded them from challenging the settlement of a religious discrimination lawsuit brought by Chabad against the city. (See prior posting.) The neighbors argue that the settlement created a zoning change to which they should have been able to object.

Recent Articles of Interest In Law and Religion

From NELLCO:
David A. Skeel, Jr., The Unbearable Lightness of Christian Legal Scholarship, (Aug. 2, 2006).

From SSRN:
Kathleen Boozang, Divining a Patient's Religious Beliefs in Treatment Termination Decision-Making, (Sept. 28, 2006).

Alan E. Brownstein, Taking Free Exercise Rights Seriously, (Sept. 21, 2006).

From SmartCILP:
Jim Wedeking, Quaker State: Pennsylvania's Guide to Reducing the Friction for Religious Outsiders Under the Establishment Clause. 2 New York University Journal of Law & Liberty 28-85 (2006).

Wisconsin Diocese Charged With Election Violations

Wisconsin election law requires any group that spends over $25 to support or oppose a state referendum to register with the State Elections Board. The Wisconsin Democracy Campaign (WDC) has sent a memo to the State Elections Board charging that the Catholic Diocese of Madison violated this provision when Bishop Robert Morlino passed out a flier to all parishioners urging them to support a November 7 constitutional amendment to ban same-sex marriages. Channel 3000 today reports Morlino's response: "a law that tells me I should have recourse to the state or commission in order to teach the truth of Christ about marriage in my own churches is an obstacle to our own free expression of religion." WDC has also issued a release on the matter.

Evangelist's Tax Evasion Trial Continues

Today's Pensacola (FL) News Journal reports on the ongoing tax evasion trial in federal district court of Pensacola evangelist Kent Hovind. At Hovind's Creation Science Evangelism Ministry, which includes Dinosaur Adventure Land, Hovind has failed to withhold federal income, social security and medicaid taxes, taking the position that he and his employees work for God, are paid by God and therefore aren't subject to taxation. Yesterday, Rebekah Horton, senior vice president of Pensacola Christian College testified for the prosecution saying that tax evasion is against the Scriptures. Pensacola Christian College, concerned about its students who worked for Hovind, apparently brought the situation to the attention of the IRS.

Times Series On Religious Exemptions Continues, As Does Comment On It

The New York Times today ran a fifth installment of its series on the benefits religious organizations receive from regulatory and tax exemptions. (See prior posting.) Today's installment, titled Ministry's Medial Program Is Not Regulated, focuses on exemptions of medical bill-sharing ministries from state insurance laws. One such group, the Christian Care Ministry, is facing a hearing next week on a complaint by the Kentucky Office of Insurance that the organization should in fact have to register as an insurance company.

The Times series has led to an unusual amount of editorial comment, both pro and con. The Times itself ran an editorial last Monday that argued "the wall between church and state is being replaced by a platform that raises religious organizations to a higher legal plane than their secular counterparts." However, yesterday the Weekly Standard carried an article by John DiIulio, Jr., first director of the White House Office of Faith-Based and Community Initiatives, strongly critical of the New York Times series. [Thanks to Steven H. Sholk for the lead to the Weekly Standard.]

Chicago Suburb Sued Over Design Of Vehicle Stickers

In the Chicago suburb of Burbank, Illinois, Nichole Schultz filed suit this week because the city is requiring her to display a sticker on her automobile that she says endorses Christianity. The sticker depicts a soldier with a rifle, kneeling before a grave marked a cross. City officials say the cross is a generic symbol, while Shultz argues that the city is forcing her to Christianize her car. Today's Chicago Tribune reports that Schultz-- who apparently is an atheist-- is not asking the city to change the sticker, but instead is seeking an exemption from the requirement to display it. Earlier attempts to reach an out-of-court solution with the city failed. Now however the city says that Schultz could cover or cut out the cross on the sticker.