Maryland Non-Public Schools Seek Additional State Aid

The Maryland Catholic Conference and the Maryland Nonpublic Schools Legislative Coalition hosted a series of conferences around the state on Monday to build support for proposals to increase Maryland funding for non-public schools. Southern Maryland Online today reports that the groups' legislative goals for 2007 are (1) to increase funding for the Nonpublic School Textbook and Technology Program; (2) to include nonpublic school teachers in benefits already available to public school teachers, such as teacher scholarships and the Quality Teacher Incentive Tax Credit; and (3) to enact a Maryland tax credit for businesses who contribute to both public and nonpublic schools.

Michigan School Board Rejects Bible As Literature Class

After lengthy testimony on both sides of the issue at a Board of Education meeting, the Howell, Michigan Board of Education decided against offering a class on the Bible as literature in its school system. Today's Livingston (MI) Press & Argus reports that the motion to approve the curriculum made by board member Wendy Day died for want of a second. A committee of the social study teachers had decided not to recommend the new course because a world religion course already covers the same areas.

Cert. Denied In Case On Invalidating Donations To Churches By Debtor In Bankruptcy

Yesterday the United States Supreme Court denied certiorari in Universal Church v. Geltzer, (Case No. 06-583), in which the 2nd Circuit Court of Appeals had held that treating some contributions to churches as fraudulent conveyances in bankruptcy does not violate the Free Exercise or Establishment clauses. It also held that under the Religious Liberty and Charitable Donations Protection Act the shield for charitable donations of up to 15% of a debtor's annual income applies to aggregate annual transfers, not to individual donations. (See prior posting.)

Now It's Harder To Deduct Charitable Contributions

Religion News Service reported yesterday that new Internal Revenue Service requirements that became effective on January 1 will make it more difficult for taxpayers to deduct contributions placed anonymously in the church collection basket. The requirements, contained in the Pension Protection Act of 2006, Sec. 1217, call for a cancelled check, bank record, credit card record or receipt from a charity in order to claim an amount as a charitable deduction. In the past, personal records were sufficient to document the contribution if it was under $250. The IRS explained the new rules in a December news release.

Religious Coalitions Weigh In On Immigration; Education

As the new Congress opened, religious coalitions weighed in on two important issues. Today's Washington Times reports that a coalition made up mostly of conservative Christian groups has proposed a compromise on immigration reform. The coalition, known as Families First On Immigration, sent letters to President Bush and Congressional leaders urging strong border security and amnesty for aliens already here illegally if they have an American-born child or another relative who is a citizen. Finally the compromise calls for an end to citizenship merely because an individual is born in the United States-- though this part of the proposal might require a Constitutional amendment. The group urged President Bush to defer his guest worker proposals until the rest of the issues are resolved. It also urged Congressional Democrats to exercise oversight on the Administration's handling of immigration.

Meanwhile, a separate coalition of 100 religious, civil rights, educational and disability organizations known as the Forum on Educational Accountability has taken the occasion of the fifth anniversary of the No Child Left Behind Act to urge some 14 changes to the law. (ABCUSA Press Release.) Among these are calls for less reliance on standardized testing and increased federal funding of costs that will be imposed on states by the recommendations.

Romney's Mormonism Remains A Factor In His Presidential Bid

The McClatchy Newspapers yesterday examined how Protestant conservatives in the Republican Party are reacting to presidential hopeful Mitt Romney's Mormon religious beliefs. Some voters remain concerned about now-rejected beliefs of the Mormon Church-- its advocacy of polygamy and its belief that Blacks were cursed. Others are concerned about Mormonism's present-day beliefs, such as its openness to modern-day prophecies and its belief that the church president is "the mouthpiece of God." Some conservatives worry that Romney is too liberal, citing his support of equal rights for gays and lesbians in his unsuccessful 1994 bid for the U.S. Senate. A report by CNS News last week focused on the concern over whether Romney has been consistent in his conservative views on homosexuality and abortion.

Satirical Attack On Intelligent Design Becomes Popular

Yesterday's Toronto Star carries an article on a satirical challenge to supporters of Intelligent Design which has caught on. Bobby Henderson, a 26-year-old physics graduate from Oregon State University, in 2005 wrote that the earth and all living things were created by a Supreme Being, the Flying Spaghetti Monster. Last March he published a book, The Gospel of the Flying Spaghetti Monster, (Villard, 2006), and he has launched a website that includes his "Open Letter to Kansas School Board" requesting that his theory be taught as an alternative version of Intelligent Design. Apparently the site gets 30,000 unique visits per day. The FSM movement has its own subculture of "Pastafarians". Some proponents of Intelligent Design, however, do not completely appreciate the humor. Last month, the Discovery Institute's website attacked FSM as mocking those who hold Judeo-Christian religion beliefs, saying that FSM is reportedly endorsed by 50 Darwinist academics.

Faith-Based Welfare Poses Discrimination Issues In Britain

Britain is now struggling with issues similar to those in the U.S. on the offering of social services by faith-based organizations. Britain's National Secular Society reports today that it has asked Parliament's Human Rights Committee to recommend clarifying the Human Rights Act, Sec. 6, to ensure that when a public body delegates social service functions to a private organization, protections against discrimination based on religious belief or sexual orientation still apply. Both Labour and Conservatives in Britain are promoting faith-based welfare programs.

French Appeals Court Says Pork Soup To Homeless Is Discriminatory

MWC yesterday reported that a ban by Paris police on the serving of pork soup to the homeless has now been upheld by France's highest administrative court, the Conseil d'Etat. A lower court had overturned the police determination that the right wing soup kitchens were discriminating against Muslims and Jews. (See prior posting.) However the French interior ministry successfully appealed. The appeals court confirmed the police ban on Friday, holding that it did not infringe freedom of expression. Paris mayor Bertrand Delanoe praised the decision.

Indiana House Speaker Has Not Decided About Opening Prayer

Last year, an Indiana federal court ruled that the Indiana House of Representatives had violated the Establishment Clause by opening its sessions with specifically sectarian prayers. (See prior posting.) After the ruling, House members gathered in the back of the House Chamber before the sessions began to offer prayers, rather than switching to non-sectarian prayers from the podium. The state Senate, even though it was not a party to the litigation, switched to a moment of silence at the opening of their sessions. The Indianapolis Star reports that as of Friday, current House Speaker B. Patrick Bauer had not decided whether, when the new session opens tomorrow, the House will have an official invocation as has been the tradition for 189 years. He says that whatever he does will be consistent with the court's order. The court's decision is currently on appeal.

UPDATE: On Monday, House Speaker Pat Bauer opened the 2007 session of the Indiana General Assembly with a non-sectarian prayer whose text had been approved by state Attorney General Steve Carter. The same prayer will be read every day as the opening invocation. (Louisville (KY) Courier-Journal).

Italian Interior Minister Wants To Monitor Foreign Funds For Mosques

Italian Interior Minister Giuliano Amato is urging closer monitoring of foreign funding for religious buildings and mosques in Italy. BBC News and the International Herald Tribune reported last Friday on his proposal. He wants to copy the French example and set up a foundation, with government representation on the board, that would monitor funds coming in, particularly from foreign governments. Amato is concerned about foreign Islamic groups attempting to gain a foothold in Italy. He is also concerned about the teaching of radical ideas in Islamic schools, and wants to monitor them to make sure they respect national standards, particularly in selecting teachers. Italy's Islamic Council, an advisory group to the government, supports the proposals. However, Hamza Roberto Piccardo, secretary of the radical Union of Islamic Communities, opposed the proposal. He says that Italy's Constitution assures religious groups autonomy. He also said: "There are no Islamic schools in Italy. There are only Arabic schools."

Hindu Violence Against Christians In India Reported

BosNewsLife yesterday reported on a number of physical attacks against Christians by Hindus in India during New Years week. Apparently the violence was encouraged by media reports criticizing Christian missionary workers. Also, on Christmas Eve over 100 Christians re-converted to Hinduism in Chhattisgarh. The incidents are related to concern among Hindus about the conversion of low-cast Hindu Dalits to Christianity. (See prior related posting.)

Books Treat Role of Religion In U.S. History

The Associated Press last week reviewed a new college history book, Unto a Good Land: A History of the American People (Eerdmans). Focusing on social and cultural history, the book is different because of its coverage of the impact of religion on American history. The book is nonsectarian, and covers both the good and bad impact religion has had from pre-Columbian times to present in the U.S.

The same publisher-- Eerdmans-- has also recently published Geiko Muller-Fahrenholz, America's Battle for God: A European Christian Looks at Civil Religion (2006).

UPDATE: Sunday's New York Times reviews Chris Hedges, American Fascists: The Christian Right and the War on America, (Free Press). Reviewer Rick Perlstein says that Hedges "writes on this subject as a neophyte, and pads out his dispatches with ungrounded theorizing, unconvincing speculation and examples that fall far short of bearing out his thesis."

Nurse Who Refused To Administer "Plan B" Still In Court

In Lemly v. St. Tammany Parish Hospital District No. 1, (LA Dist. Ct., Dec. 15, 2006), a Louisiana state trial court denied hospital’s motion for summary judgment in a case brought by a nurse employed there who objected on religious grounds to administering the "morning after" pill to patients. She claimed (full text of complaint) that the hospital refused to make reasonable accommodation for her religious beliefs and dismissed her from her full time position because of those beliefs, in violation of the Louisiana Employment Discrimination Law. A release issued yesterday by Alliance Defense Fund discusses the case.

Recent Articles On Law and Religion

From SSRN:
Qerkin Berisha, The Right to Nondiscrimination in the Context of Kosovo, (2005).

Ali L. Khan, Combating Defamation of Religions, (The American Muslim, January 1, 2007).

From SmartCILP:
Dominique Custos, Secularism in French Public Schools: Back to War? The French Statute of March 15, 2004, 54 American Journal of Comparative Law 337-399 (2006).

Richard Hardack, Bad Faith: Race, Religion and the Reformation of Welfare Law, 4 Cardozo Public Law, Policy & Ethics Journal 539-649 (2006)

Gidon Sapir, How Should a Court Deal With a Primary Question That the Legislature Seeks to Avoid? The Israeli Controversy Over Who Is a Jew As an Illustration, 39 Vanderbilt Journal of Transnational Law 1233-1302 (2006).

Michele Alexandre, Big Love: Is Feminist Polygamy an Oxymoron Or a True Possibility?, 18 Hastings Women's Law Journal 3-30 (2007).

Jay Michaelson, In Praise of the Pound of Flesh: Legalism, Multiculturalism, and the Problem of the Soul, 6 Journal of Law in Society 98-153 (2005).

Eighth Grader Sues School To Be Part of "Silent Solidarity"

Last week, the Alliance Defense Fund (release) filed suit on behalf of a Clifton Park, NY eighth grade student who, with several friends, was prevented from expressing pro-life views in school during the "3rd Annual Students' Day of Silent Solidarity" sponsored by the Christian youth organization Stand True. The middle school student attempted to hand out leaflets, wore a t-shirt with a pointed message on it, and wore tape over his mouth for the day with the word "Life" on the tape. The student had obtained permission from his teachers to remain silent in class that day. The students were instructed by the principal to turn their t-shirts inside out so the messages could not be read, to dispose of the fliers and to remove the tape on their mouths. Students who had already received fliers were instructed to hand them to school officials. The suit alleges violation of plaintiff's free speech rights, arguing that the principal's action constituted viewpoint discrimination and imposition of a prior restraint, and claims school regulations were unconstitutionally vague and that plaintiff was denied equal protection of the laws. (Full text of complaint.)

California Senator Rescinds Award To Islamic Activist

Democratic U.S. Senator from California, Barbara Boxer, has rescinded a certificate of achievement award that her office gave to Sacramento Islamic activist Basim Elkarra last November, according to CAIRwatch attacked the award, claiming that the group Elkarra represents -- Council on American Islamic Relations -- holds extremist views and supports international terrorist organizations such as Hamas and Hezbollah. CAIR spokesman Hussam Alyoush says his group is being attacked because of its criticism of Israel. Yesterday CAIR issued a press release giving its official response, anindicatingng that Senator Boxer has indicated she is willing to meet with CAIR officials to hear their views.

Tennessee County Commission Hesitates On 10 Commandments Settlement

The Rutherford, Tennessee County Commission is balking over approving the settlement of a lawsuit filed against it in 2002 by the American Civil Liberties Union challenging the county’s decision to post the Ten Commandments at the county courthouse. The Murfreesboro, TN Daily News Journal today reported on developments. In September, the federal district court issued a declaratory judgment in favor of the ACLU, and now County Mayor Ernest Burgess has recommended approval of a settlement in which the county would agree not to appeal the preliminary injunction and would pay $50,000 of the ACLU’s attorneys’ fees.

This past Thursday, the county’s Steering Committee refused to either accept or reject the proposed settlement, in part because county attorney Jim Cope was not at the meeting to answer questions. So the proposal will now go to the full County Commission for discussion. Mike Sparks, one of the Commissioners opposed to the settlement said, "This is nothing but a shakedown by the ACLU to use the taxpayers’ money to foot their agenda." But Steve Cates, a retired high school government teacher who was one of the plaintiffs said: "It's not the ACLU that has an agenda. It's various religious groups that has an agenda…. My people have been here since the early 1800s, and I don't get it. I understand the historical connection to Christian faith, but I also understand our country is composed of lots of other faiths. There's no need for the government to be using religion to be cruel to other people whether it be Christians or Muslims or whoever it is."

Georgia Governor Will Propose Elimination of "Blaine Amendment"

Southern Voice yesterday reported that Georgia Governor Sonny Perdue’s December 12 speech to state lawmakers outlining his 2007 legislative agenda includes a proposal to amend Georgia’s constitution (Sec. IX) to eliminate prohibitions on state funding of social services delivered by faith-based organizations. The proposed Faith and Family Services Amendment would eliminate Georgia’s prohibition on pending that directly or indirectly aids any religious denomination, and would instead impose only the same limitations that the federal constitution does. (Governor’s press release.) Larry Pelligrini, a gay rights activist and statehouse lobbyist, says that the proposal will allow social service agencies that receive state contracts to discriminate against gays and lesbians, as well as allowing them to proselytize clients who receive services from them. However Bert Brantley, speaking for the Governor’s office, said—without specifying details-- that the amendment would not foster anti-gay discrimination by religious groups. The same amendment failed to get approval of the Georgia legislature last year. (See prior posting.)

New Congress Is Religiously Diverse

The Baptist Standard today reprints a report from Religion News Service on the diverse religious make-up of the new Congress that was sworn in yesterday:

The new Congress will, for the first time, include a Muslim, two Buddhists, more Jews than Episcopalians and the highest-ranking Mormon in congressional history.

Roman Catholics remain the largest single faith group in Congress, accounting for 29 percent of all members of the House and Senate, followed by Baptists, Methodists, Presbyterians, Jews and Episcopalians.

While Catholics in Congress are nearly 2-to-1 Democrats, the most lopsidedly Democratic groups are Jews and those not affiliated with any religion. Of the 43 Jewish members of Congress, there is only one Jewish Republican in the House and two in the Senate. The six religiously unaffiliated members of the House all are Democrats.

The most-Republican groups are the small band of Christian Scientists in the House (all five are Republican), and members of the Church of Jesus Christ of Latter-day Saints (12 Republicans and three Democrats)—though the top-ranking Mormon in the history of Congress will be Nevada Sen. Harry Reid, the incoming Democratic majority leader.