Las Cruces Case Appealed To 10th Circuit

Yesterday's Las Cruces Sun-News reports that an appeal has been filed with the U.S. 10th Circuit Court of Appeals in Weinbaum v. City of Las Cruces, New Mexico. (See prior posting.) In the case, the trial court dismissed a claim that the city of Las Cruces had endorsed religion by adopting a logo that contains 3 crosses.

Israel-Vatican Commission Will Meet Shortly

Two meetings of the Israel-Holy See Permanent Bilateral Commission are scheduled in the near future-- one in December to be attended by experts, and a second in January to be attended by government ministers. They will deal with differences over the implementation of the 1993 Fundamental Agreement between the Holy See and the state of Israel. While mutual recognition treaties were signed by Israel and the Vatican in 1993 and 1997, negotiations on details have never been completed. Zenit yesterday reported that the Vatican hopes that these new negotiations will finalize an agreement to assure the Church ownership of Christian holy places, and to confirm the Church's tax exemptions. (See prior related posting.)

Bill To Protect Tithing In Chapter 13 Bankruptcies Passes Congress

A press release from the office of U.S. Senator Barak Obama reports that the House of Representatives yesterday passed the Obama-Hatch Tithing Bill, S. 4044. The bill protects an individual's right to continue reasonable charitable contributions, including religious tithing, while going through a Chapter 13 bankruptcy proceeding. Already passed by the United States Senate, the bill will now be sent to the President for his signature. The bill reverses the holding in a recent case that prevented the inclusion of tithes to a church or other charitable donations as "reasonably necessary" expenses for debtors in Chapter 13 who have incomes above their state's median.

Fallout Continues On Congressman Taking Oath Using Quran

At yesterday's White House press briefing (full text), Press Secretary Tony Snow was asked about last week's announcement by newly-elected Minnesota Congressman Keith Ellison that he intended to take his oath of office on the Quran. (See prior posting.) Here is Snow's exchange with a reporter (also covered by WorldNet Daily):

Q- Members of Congress, the Judiciary -- have been sworn in with a Bible since our nation began, including Jewish members, even though they don't subscribe to the New Testament. Now Congressman-elect Ellison of Minnesota has asked that he be sworn in with the Koran. And my question, the first of two: Does the President support this request, because he believes the Koran teaches nothing contrary to the freedoms in our Constitution? And if so, would he support the Book of Mormon being used to swear in LDS members of Congress if they ever ask for that?

MR. SNOW: That is an issue that the President does not need to adjudicate, and therefore, will not.

The Ellison debate was triggered by an article by conservative talk-show host Dennis Prager who insisted that Ellison should use a Bible for his oath of office. Yesterday the Council on American-Islamic Relations called on President Bush to rescind Prager's recent appointment to the U.S. Holocaust Memorial Council. The appointment, made last August, is for a term ending in 2011.

Religious Rhetoric Grows In Latin American Politics

A column in today's Miami Herald by Andres Oppenheimer reports that a growing number of Latin American politicians are embracing religion, or at lest pretending to do so. He cites examples from a number of countries, saying: "Many analysts see a growing political manipulation of religious fervor in the region, alongside a greater church influence in state affairs. Some fear that, much as in other parts of the world, religion will soon be used to fuel domestic and even regional confrontations."

Somalia Town Officials Threaten Beheading For Failure To Obey Prayer Mandate

In Bulo Burto, a town in southern Somalia, Islamic Courts officials are announcing over loud speakers that people need to pray five times a day. Public places such as shops and tea houses must close during prayer times and no one should be on the streets. Sheik Hussein Barre Rage, the chairman of the town's Islamic court, told the Associated Press yesterday that anyone who does not follow this edict "will definitely be beheaded according to Islamic law." The decision is not binding in other towns. The Council of Islamic Courts has occupied most of southern Somalia since taking over Mogadishu in June. (See prior posting.)

Ministerial Exception Applies To Connecticut Discrimination Statutes

Yesterday the Connecticut Appellate Court released its opinion in Rweyemamu v. Commission on Human Rights & Opportunities, (CT App., official release date Dec. 12, 2006), holding that the ministerial exception applies to preclude the state's Commission on Human Rights and Opportunities, as well as state courts, from exercising jurisdiction over a priest's racial discrimination claim against his diocese. The plaintiff, a black African ordained Catholic priest from Tanzania argued that he was passed over in favor of a less qualified white deacon for the position of parish administrator. Deciding an issue of first impression, the court held that the "ministerial exception" applies to Connecticut's employment discrimination statutes. In order to preserve First Amendment protections, secular institutions must defer to the decisions of religious institutions in their employment relations with their religious employees. The court also concluded that the state's Religious Freedom Restoration Act did not displace the ministerial exception. Yesterday's Stamford (CT) Advocate reported on the decision.

Articles Analyze Place Of Religion In Today's Europe

Two articles in today's papers explore the growing influence of religion in Europe. The International Herald Tribune carried an AP piece titled Church-State Relations Across Europe Heading Toward 'New Landscape'. Meanwhile Spero News carries a long analysis by Jytte Klausen titled Counterterrorism, Integration of Islam in Europe .

Peyote Damage Suit Against US, Utah, and County Dismissed

In Mooney v. United States [scroll to pg. 112] (D UT, Dec. 5, 2006), a Utah federal district court dismissed on sovereign immunity grounds a suit brought against the United States and the state of Utah for damages. Plaintiffs claim that they were being improperly prosecuted for using peyote in religious rituals. The court also dismissed plaintiffs' claims against Utah County, finding that there are no facts that show that the county has an official policy that infringes plaintiffs' right to use peyote in religious rituals. Yesterday's Salt Lake Tribune reports that the case stems from a dispute that began when police raided the Oklevueha Earthwalks church in Benjamin, Utah. (See prior posting.) There police seized 12,000 peyote buttons and charged the church's founders, James "Flaming Eagle" Mooney and Linda Mooney, with first-degree felonies. The charges were dropped after the Utah Supreme Court held that Utah law permits the use of peyote by members of the Native American Church, regardless of whether they are members of a federally recognized Indian tribe. (See prior posting.)

Indian Court Lets Dalits Enter Hindu Temple

In India on Tuesday, the Orissa High Court ruled that every Hindu, regardless of caste, has the right to enter any Hindu Temple. The ruling came in a case challenging the exclusion of lower-caste Dalits from the 300-year old the Jagannath Temple at Keredagada. Today's Zeenews reported on the decision.

Florida RFRA Challenge To Restriction On Feeding Homeless Dismissed

Today's Orlando (FL) Sentinel reports that a Florida federal district court has dismissed the challenge under Florida's Religious Freedom Restoration Act to to an Orlando ordinance that bans religious and charitable groups from serving meals to the hungry at the city’s Lake Eola Park and other areas downtown without first obtaining a special permit. Permits are available to any group or person only twice a year. (See prior posting.) The court said: "There are many ways to be charitable to the poor and homeless other than setting up large group feedings more than twice per year at Lake Eola Park." However this decision does not affect the First Vagabonds Church of God's First Amendment free expression challenge to the ordinance.

NYC Cop Sues City For Anti-Muslim E-Mail Harassment

In New York City, an Egyptian-born police captain in the city's elite anti-terrorism Cyber Unit has sued the city and a counter-terrorism adviser to the police department in federal court, charging them with religious discrimination. The suit involves daily e-mail briefings sent to the Intelligence Division by Bruce Tefft who worked for a company called Orion that provided the police with open source intelligence from its data base. The informational messages were preceded by virulent anti-Muslim and anti-Arab statements from Tefft. The city's contract with Orion ended in 2003, but Tefft on his own continued to send e-mail messages until the Department moved ineffectively to block them in 2005, and only succeeded in doing so earlier this year. The New York Daily News and the New York Times both cover the story.

Malaysia Courts Face Religious Dispute Over Custody Of Body

In Malaysia, last Wednesday Rayappan Anthony died at the Kuala Lumpur Hospital. The Star today reports on the complicated religious battle that ensued. When Rayappan's family went to claim his body on Thursday, Selangor Islamic Affairs Department officers stopped them, claiming Rayappan was a Muslim. On Friday, the Shah Alam Syariah High Court granted an application by the Selangor Islamic Religious Council (Mais) to claim Rayappan’s body but required Mais to get approval from the Federal Territory Syariah High Court. On Monday night, Rayappan's three daughters were subpoenaed to appear at a Syariah High Court hearing to present their contention that Rayappan returned to Christianity seven years ago. But the daughters refuse to appear, claiming that they are not Muslim and so are not subject to the court's jurisdiction. Instead, Rayappan’s 65-year-old widow, Lourdes Mary Maria Soosay, filed an application in the civil High Court in Kuala Lumpur asking for Rayappan's body to be released to her.

UPDATE: On Thursday, the Selangor Islamic Religious Council withdrew its claim to Rayappan's body for burial. Council chairman Mohamed Adzib Mohamad Isa said that after consulting religious experts, they determined that there was "overwhelming" evidence showing Rayappan was not a Muslim. (International Herald Tribune).

Pagan Group's Flyer To School Students Upsets Christians

Rob Boston at Wall of Separation blog has a posting that might have been titled "be careful what you wish for". Last summer, conservative Christians convinced the Albemarle County, Virginia School Board to open its so-called "backpack mail" to religious nonprofits, as well as secular groups, so flyers advertising a Vacation Bible School could be sent home with elementary school students. But now some Christian clergy and others are upset because some local Pagans who attend a Unitarian Universalist church have used "backpack mail" to distribute a flyer advertising a program that will "explore the traditions of December and their origins, followed by a Pagan ritual to celebrate Yule."One minister says this argues for placing Christian children in Christian schools or home schooling them.

West Virginia City Adds Jesus To City's Nativity Display

Last week, according to the AP, St. Albans, West Virginia put up the community's annual Festival of Lights holiday display. One of 350 light exhibits was a manger with shepherds, a guiding star, camels and a palm tree, but without baby Jesus, Mary or Joseph. The parks superintendent says the omission was out of concern over church-state issues, but Mayor Dick Callaway said it was for technical reasons-- it is difficult to create a baby out of lights in a small manger scene. At any rate, after the display received national publicity, the mayor and city council received critical e-mails and media inquiries from around the country. So, says yesterday's Charleston Gazette, Mayor Callaway informed city council on Monday that he had instructed the city’s parks officials to install a figure of the Christ child in the nativity scene. However he expressed puzzlement since the nativity scene without Jesus had been up for the last six years without a complaint.

Christian Fraternity Sues University Of Georgia

Another lawsuit pitting a Christian student group against a university attempting to enforce antidiscrimination provisions has been filed-- this time against the University of Georgia. Beta Upsilon Chi (BYX) is a fraternity of Christian male college students that requires its members to profess faith in Jesus Christ and to affirm a fundamentalist Christian doctrinal statement. The University of Georgia refused to re-register BYX as a recognized student organization in 2006 because the fraternity will not extend membership and eligibility for officership positions to all students regardless of religion. Yesterday, the Christian Legal Society and the Alliance Defense Fund filed suit on behalf of BYX (press release). The complaint (full text) alleges that the University's refusal violates BYX's rights to freedom of association, freedom of speech and expression, free exercise of religion and equal protection of the law. The case is Beta Upsilon Chi v. Adams, (MD GA, Dec. 5, 2006).

UPDATE: On Thursday, the University of Georgia agreed to recognize BYX as a registered student organization, and to exempt it from the University's non-discrimination and anti-harassment policy . (ADF Release). In its letter to BYX's attorney, the University said it will review its student organization policies in the near future. [Thanks to Joseph Knippenberg for the lead.]

Israel's Labor Court Holds Law Against Saturday Work Applies to Kibbutz

Israel's National Labor Court today ruled unanimously that the Israeli labor laws prohibiting Jews from working on Saturday apply to stores in kibbutzim. The decision is covered by Haaretz and by Arutz Sheva today. The opinion quotes early labor leader Berl Katznelson and Israeli writer Haim Bialik on the importance of the Sabbath to Israeli society and Israeli workers. The decision reverses a contrary holding by a Regional Labor Court that had voted to to rescind the charges against Kibbutz Tzora and six of its members.

UPDATE: YNet News on Wednesday reported that many small businesses operating on kibbutzim are angry at the Labor Court's ruling.

Jackie Mason Settles Suit With Jews For Jesus

Comedian Jackie Mason yesterday dropped his $2 million lawsuit against Jews for Jesus in exchange for an apology from the group, according to an Associated Press report today. The New York Times reports that the settlement was reached after about 45 minutes of negotiation in the judge's chambers. Last month, a New York federal district court denied Mason's request for a preliminary injunction in his suit claiming that Jews for Jesus had misappropriated his image for advertising and trade purposes. (See prior posting.) Mason objected to a pamphlet put out by JFJ featuring his image next to the words "Jackie Mason ... A Jew for Jesus!?" with information inside on similarities between Jews and Christians. JFJ's letter offers "sincere apologies for any distress" the pamphlet had caused, and says that JFJ is "willing in the interest of ahavat yisrael [love of Israel] and shalom [peace] to retire this particular evangelistic tract."

Developments In India On Claims For Equal Treatment Of All Religious Groups

This week saw developments in two ongoing controversies involving the government of India's relationship with disparate religious groups.

IANS reports that on Monday, the Delhi High Court notified the government of a suit that has been filed challenging government subsidies given exclusively to Haj pilgrims. The suit asks that other religions get similar treatment. It seeks grants for Hindus for their pilgrimage to Amarnath and Mansarovar, for Sikhs for their pilgrimage to Nankana Saheb, for Buddhists to offer prayers at Sarnath, for Christians for their journey to Rome, and for Jains to visit their shrines. The suit argues that Articles 14, 15 and 17 of the Indian Constitution prohibits the government giving benefits to one particular religion. A challenge to Haj subsidies was filed in the Allahabad High Court in Uttar Pradesh earlier this year. (See prior posting.)

Meanwhile The Hindu reports that on Monday, in an unruly session of Uttar Pradesh's Assembly, the government introduced a resolution demanding an amendment to the country's Constitutional (Scheduled Caste) Order, 1950 to include Dalit Muslims and Dalit Christians, along with Dalit Hindus, in the "Scheduled Caste" category entitled to special benefits. This would involve deleting Section 3 of the Order. Proponents claim that denial of benefits to Dalit Muslims and Christians violates Articles 14, 15 and 16 of the Constitution.

Controversial Science Policy In A Louisiana School System

The Associated Press reported last week that the Ouachita Parish, Louisiana school board has adopted a controversial new policy on the teaching of science. The policy says that the district "understands that the teaching of some scientific subjects such as biological evolution, the chemical origins of life, global warming and human cloning, can cause controversy and that some teachers may be unsure of the district's expectations concerning how they should present information on such subjects.... [Therefore]teachers shall be permitted to help students understand, analyze, critique and review in an objective manner the scientific strengths and weaknesses of existing scientific theories pertinent to the course being taught." Barry W. Lynn, executive director of Americans United for Separation of Church and State, says this is an invitation for teachers to talk about creationism and intelligent design. [Thanks to Wall of Separation for the lead.]