Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, November 29, 2006
Texas Diocese Records On Abusive Priests Unsealed
Yesterday a Dallas federal judge unsealed 700 pages of documents that show how the Fort Worth Catholic Diocese kept seven priests charged with sexual abuse in the ministry. Many of the instances of abuse date back to the 1970's and 1980's. Yesterday's Dallas Morning News reports that the release comes after a request last year by two Texas newspapers for the documents. The diocese and other priests had argued that the release would chill the free exercise of religion and invade the privacy of the priests, most of whom are now not in the ministry. However after redacting names of accusers and lay people who served on church review boards, as well as health and financial information about the priests, the documents have been made publicly available. Today's Dallas Morning News has published a summary of the information in them.
Tuesday, November 28, 2006
In D.C. Circuit, Navy Chaplain Loses Constructive Discharge Suit
Today in Veitch v. England, (DC Cir., Nov. 28,. 2006), the U.S. Court of Appeals for the D.C. circuit rejected a claim by a fundamentalist Protestant Navy chaplain that he had been constructively discharged in violation of his First Amendment rights. Philip Veitch claimed that he was being required to endorse "pluralism" in his religious practices, and that this violated his religious beliefs. The majority, however, held that Veitch lacked standing to raise this issue because his resignation from the Chaplain Corps was voluntary. In addition, it found that the Navy did not act unreasonably in refusing to permit Veitch to withdraw his resignation. Judge Rogers' concurring opinion said that because Veitch's resignation was voluntary, there was no need to discuss, as the majority did, whether Veitch met the burden of showing that he was constructively discharged. [Thanks to How Appealing for the lead.]
Cert. Denied In Maine School Voucher Case
The United States Supreme Court yesterday denied certiorari in Anderson v. Town of Durham, (No. 06-132), a case from Maine's Supreme Judicial Court upholding the state's school voucher system that excludes private religious parochial schools. (See prior posting.) Maine Today reports on the case that involves the state's funding for students from 145 small towns without high schools to attend a public high school or any non-religious private high school elsewhere.
"In God We Trust" Moved From Face To Edge Of New $1 Coins
WorldNet Daily reported yesterday that the new presidential dollar coins to be released next month will no longer have the motto "In God We Trust" on the face of the coin. Instead the motto will be moved to the thin edge of the new gold-colored dollars, as will the minting date and the motto "E Pluribus Unum". (Artist's rendering of the coin.) The U.S. Mint says the change will permit larger portraits of the presidents on the face of the coins. Some conservatives have found more sinister motives. Judicial Watch's blog, Corruption Chronicles, headlined its posting on this "US Mint Appeases Atheists".
The new dollar coin series will be issued over several years. Each three months, a gold-tinted dollar portraying a different president will be issued. The reverse side of each coin portrays the Statute of Liberty, replacing the word "Liberty" now on all coins. [Thanks to Ed Brayton at Dispatches from the Culture Wars for the information.]
The new dollar coin series will be issued over several years. Each three months, a gold-tinted dollar portraying a different president will be issued. The reverse side of each coin portrays the Statute of Liberty, replacing the word "Liberty" now on all coins. [Thanks to Ed Brayton at Dispatches from the Culture Wars for the information.]
Las Cruces Case Tried Yesterday
Yesterday in federal district court in New Mexico, the remaining Establishment Clause claims challenging the use of three crosses as a symbol in Las Cruces, New Mexico was tried. The claims involved the use by the public schools of three crosses as a logo on maintenance vehicles and in a mural at an elementary school. (See prior posting.) Plaintiff Paul Weinbaum, a retired teacher represented himself at the trial, according to today's Las Cruces Sun-News. At trial, Weinbaum introduced little in the way of factual evidence, other than his own opinion, to support his claim that the schools were attempting to promote religion by using the logo, or that those who created the mural were attempting to proselytize.
Charter School's Renting of Space From Religious Groups Questioned
Denver's Rocky Mountain News today reports that state funds used by the Hope Online Learning Academy Coop to rent space from churches across Colorado appears, in some cases, to be significantly supporting a church's existence. Hope is an online charter school targeting at-risk children. It operates 81 learning centers across Colorado. Half of its centers have some religious affiliation. Each learning center receives over $3500 per student from Hope to cover rent, as well as employment of a director and of mentors who are essentially classroom aides. Hope policies say that state funds given to learning centers cannot be used for religious purposes, but at one private Christian school the rent received from Hope is almost twice the school's annual mortgage payments. At several other religious schools that run Hope centers, twice as much is spent on overhead as on instruction. The article also raises questions about the supervision of Hope by the small school board that chartered it.
"Observant Jews" Sue Over Pork Casings On Beef Hot Dogs
The Wall Street Journal Law Blog reported yesterday on a law suit filed against Vienna Beef by several "observant Jews". The class action, Gershengorin v. Vienna Beef, Ltd., (Cook Co. IL Cir. Ct., Nov. 20, 2006) (full text of complaint) alleges that Vienna's "all-beef" hot dogs with natural casings use pork intestine casings without disclosing that fact in any of its retail advertising or labeling. The information appears only on wholesale box labeling. The suit, seeking damages and injunctive relief, alleges breach of warranty, non-conformity of goods to contract terms, consumer fraud and common law fraud. Vienna publicizes that its hot dogs are not kosher; however many Jews who do not strictly observe kosher food rules nevertheless avoid eating pork products. Plaintiffs' lawyer Lance Raphael, said: "The case isn't about Jews suing Vienna beef. The case is about Vienna beef not telling consumers that their all-beef hot dog contains pork, whether they're Jews, Muslims, or Samuel L. Jackson." [Thanks to Steven H. Sholk for the lead.]
Nativity Film Promo Dropped From Chicago's Christkindlmarket
One of the special events scheduled between Thanksgiving and Christmas in Chicago's downtown Daley Plaza is Christkindlmarket, organized by the German American Chamber of Commerce. One of the sponsors was to have been New Line Cinema, but according to the Associated Press yesterday, New Line has been dropped. It had planned to run a preview promoting its new film, "The Nativity Story", on television sets at the event. However, the Mayor's Office of Special Events urged the organizers to drop the film promotion, saying that it would be contrary to suggested advertising standards for events held on Daley Plaza, and would be insensitive to the many people of different faiths who come to enjoy Christkindlmarket for its food and unique gifts.
Monday, November 27, 2006
Intelligent Design Trial Headed For the Big Screen
The York (PA) Daily Record reports today that Paramount Pictures is planning to produce a movie on last year's Dover, Pennsylvania intelligent design trial. The studio has hired Ron Nyswaner to write the screenplay. He is using trial transcripts, interviews and news coverage as background for his work.
Anti-Semitic Incident Following Paris Soccer Match Leads To Fatal Shooting
French government officials are reacting to an ugly anti-Semitic incident that followed a soccer game last Thursday in which an Israeli team, Hapoel Tel Aviv, defeated a French team, Paris Saint-Germain. Yesterday's Jerusalem Post reports that overt racial incidents have become common at PSG's Parc des Princes Stadium. Four young people from the Paris Jewish community had gone to the game to support the Israeli team. Afterwards, outside the stadium, they were cornered by a mob of some 100 right wing fans of the French team who were shouting "filthy Jew", making Nazi salutes and shouting "Le Pen president". Jean-Marie LePen is the head of the right-wing National Front party. A French policeman, a native of the Caribbean, came to the assistance of one of the Jewish youngsters, Yaniv Hazout, who was being chased. The mob yelled at him, "filthy black, we're going to get you". The policeman used tear gas and later fired into the crowd to protect himself and Hazout. His bullet hit two of the attackers, killing one of them.
The AP reported Sunday that Antoine Granomort, the plainclothes officer who fired the shot, had been released from custody after an investigation. Paris prosecutor Jean-Claude Marin said that Granomort did not fire his gun until after he had been pushed to the ground, lost his glasses, and saw his assailants jumping on top of him. French Interior Minister Nicolas Sarkozy said on Sunday that he would eradicate violence and racism from the PGS soccer stadium, even if it meant having empty stands. (Today's Australian.)
The AP reported Sunday that Antoine Granomort, the plainclothes officer who fired the shot, had been released from custody after an investigation. Paris prosecutor Jean-Claude Marin said that Granomort did not fire his gun until after he had been pushed to the ground, lost his glasses, and saw his assailants jumping on top of him. French Interior Minister Nicolas Sarkozy said on Sunday that he would eradicate violence and racism from the PGS soccer stadium, even if it meant having empty stands. (Today's Australian.)
Michigan Cities Eliminate Religious Holiday Displays
The Detroit Free Press this morning reports that two Michigan cities are modifying their traditional holiday displays. Southfield is removing a Menorah that has been part of its display for the last three years. A member of St. Michael's Catholic Church learned that the city had purchased the Menorah in 2000, and requested the city to likewise buy a creche to include in the display. City attorney Jack Beras said that it was inappropriate for the city to own either religious symbol. The city will try to find a buyer for the Menorah. Meanwhile, this year's display will include only secular symbols-- toy soldiers, a sleigh, a snowman, a lantern, grazing deer, a Christmas tree and a dreidel.
And in Berkley, Michigan, the city transferred the creche it has displayed for 20 years to to the Berkley Clergy Association. That group will lend the nativity scene to churches that want to display it. Last year, after an ACLU challenge, the city added secular symbols to its display of the creche and a Star of David, but city council did not like that as a permanent solution. (See prior posting.)
And in Berkley, Michigan, the city transferred the creche it has displayed for 20 years to to the Berkley Clergy Association. That group will lend the nativity scene to churches that want to display it. Last year, after an ACLU challenge, the city added secular symbols to its display of the creche and a Star of David, but city council did not like that as a permanent solution. (See prior posting.)
Sectarian Invocations By North Carolina Local Governments Questioned
Governmental bodies in Winston-Salem and Forsyth County, North Carolina, continue to open their meetings with sectarian Christian prayers. Today's Winston-Salem Journal reports that the ACLU of North Carolina has written the city and county governments objecting to the invocations that often refer specifically to Jesus Christ. In a memo to city council, Winston-Salem city attorney Ron Seeber says that the ACLU is correct in asserting that council may not open its meetings with a sectarian prayer. It may use a moment of silence or a prayer that does not refer to a particular diety. Forsyth County Attorney Davida Martin agreed. However, Gloria Whisenhunt, the chairwoman of the Forsyth County board of commissioners said: "I don't see us banning prayer, and I don't see us asking ministers to change the way they pray. I don't think we're bothering anyone, quite frankly."
Report on Antisemitism in Australia
A Report on Antisemitism in Australia from Oct. 2005 to Sept. 2006 (full text) has been presented to the annual conference of the Executive Council of Australian Jewry. It says that 440 incidents were recorded during the year. Statements in fringe publications and from extremist organizations remain a serious concern; however anti-Jewish language was sometimes also part of mainstream discussion of public issues. On the positive side, during the year a number of speeches in Australian parliaments condemned antisemitism, and the ECAJ successfully challenged an article in the One Nation political party’s newspaper as being in breach of the Federal Racial Hatred Act. An apology was ordered.
Recent Articles and Books-- Religion & State In U.S. and Abroad
Articles: (from SmartCILP):
- Robert John Araujo, S.J., The Transnational Perspective of the Church: The Embryonic Cloning Debate and Stem Cell Research, 22 Journal of Contemporary Health Law & Policy 497-507 (2006).
- Jonathan F. Wills, My God My Choice: The Mature Minor Doctrine and Adolescent Refusal of Life-Saving or Sustaining Medical Treatment Based Upon Religious Beliefs, 22 Journal of Contemporary Health Law & Policy 233-300 (2006).
- Tracy Fessenden, Culture and Redemption: Religion, the Secular, and American Literature, (Princeton University Press, Nov. 2006).
- Christopher L. Eisgruber & Lawrence G. Sager, Religious Freedom and the Constitution, (Harvard University Press, Jan. 2007).
- John T. Sidel, Riots, Pogroms, Jihad: Religious Violence in Indonesia, (Cornell University Press, Dec. 2006).
- Paul A. Hanebrink, In Defense of Christian Hungary: Religion, Nationalism, and Antisemitism, 1890–1944, (Cornell University Press, Aug. 2006).
- Genevieve Zubrzycki, The Crosses of Auschwitz: Nationalism and Religion in Post-Communist Poland, (University of Chicago Press, Fall 2006).
- Mujiburrahman, Feeling Threatened: Muslim-Christian Relations in Indonesia’s New Order, (Amsterdam University Press, 2006).
Countries Object To U.S. Listing Them As Religious Freedom Violators
Uzbekistan's Ministry of Foreign Affairs last week issued a statement (full text) objecting to the country's inclusion on the U.S. State Department's list of countries of particular concern-- the most egregious violators of religious liberty. (See prior posting.) Charging that the U.S. takes a one-sided approach and uses a double standard, the statement says: "Religious toleration and forbearance have always been and remain to be the most important component of the state policy of the Republic of Uzbekistan. " It concludes that the State Department's action constitutes "interference into internal affairs of sovereign Uzbekistan". MosNews covers the story. Also last week, a spokesman for China's foreign ministry registered similar objections to his country's inclusion on this year's list. (Times of India).
Scottsdale Churches Oppose New Zoning Proposals
In Scottsdale, Arizona, a coalition of churches is opposing the most recent proposals by the city to restrict the location of new churches and religious schools. Yesterday's East Valley Tribune reported that the city is proposing that new schools in residential areas be at least a quarter-mile apart, and that "large assemblies" such as churches and religious schools be required to obtain a permit to operate in residential areas. The general proposals were a response to a suit filed by SonRise Community Church that was denied a permit to build a church and private school on a 9-acre site it owned. Church leaders say that the city's proposals would prohibit a church from founding an on-premise school if another school was close by. They also fear that the permit requirement will let the city regulate when services can be held and how large churches can grow. Scottsdale leaders are now drafting a white paper to try to come up with a compromise. They plan to release the compromise proposals next Friday. (See prior related posting.)
Sunday, November 26, 2006
Episcopal Church Has Task Force On Property Disputes
The Episcopal Church is sufficiently concerned over defections by traditionalists who object to church policies such as the 2003 ordination of an openly gay bishop that it has formed a special task force to monitor dioceses that it considers a problem. The Associated Press reports that the House of Bishops Task Force on Property Disputes is remaining in contact with Episcopalians who want to remain loyal to the Episcopal Church in at least six dioceses that have distanced themselves from policies of the national body. The goal is to be ready for legal battles that may ensue.
Poll Finds No Difference In Religiosity In Muslim Radicals and Moderates
This month's Foreign Policy carries an article titled What Makes a Muslim Radical?. It reports on a Gallup World Poll of more than 9,000 interviews in nine Muslim countries. The poll shows that Muslim radicals have more in common with Muslim moderates than previously thought. It finds that there is no significant difference in religiosity, or attendance at religious services, between moderates and radicals. The main difference between the two groups seems to be that radicals are more likely to feel that the West threatens and attempts to control their way of life, while moderates want to build economic ties with the West.
Movement To Legalize Polygamy In US
The Providence (RI) Journal yesterday carried an article on the movement in the United States to legalize polygamy. A sign of their progress is the fact that Utah's attorney general, Mark Shurtleff, no longer prosecutes bigamy between consenting adults. He has promoted meetings between Utah law enforcement officials and representatives of polygamous groups. Shurtleff does go after members of polygamous groups that violate other laws such as rape laws and laws prohibiting sexualcontactst with minors.
British Muslim Teacher Who Insisted On Veil Is Dismissed
Aishah Azmi, the teaching assistant in a British school who brought high profile litigation last month in her attempt to veil her face while teaching children (see prior posting), has now been dismissed from her position. After claiming that her religious beliefs meant she had to wear a niqab in the presence of male colleagues, including when working with pupils, she was suspended without pay by Headfield Church of England School, in Dewsbury, West Yorks. School officials claimed that the veil interfered with her ability to communicate with students. (See prior posting.) An employment tribunal rejected her claim of discrimination, but awarded her damages for injury to her feelings. Her one-year fixed term contract was renewed in August, even though she had been suspended for the past six months. But now, after a disciplinary hearing before education officials, she has been terminated, according to yesterday's Telegraph. Her lawyers are waiting for a written decision before they decide whether to appeal.
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