British Magistrate Denied Right To Opt Out Of Gay Adoption Cases

In Britain, the city of Sheffield’s Employment Tribunal has rejected a religious discrimination claim by a Justice of the Peace sitting as a magistrate in the Sheffield Magistrates' Court . The magistrate claimed that his Christian religious beliefs were violated when he was not permitted to opt out of overseeing cases involving adoptions by same-sex couples. The Employment Tribunal's decision prevents Magistrate Andrew McClintock from serving on the Family Panel, whose jurisdiction includes adoptions. BosNewsLife reported Saturday that the Tribunal ruled that "personal opinions" needed to be set aside in exercising the functions of public office. The Evangelical Alliance disagreed with the ruling, saying the case has to do with the need to make reasonable accommodation to religious conscience. Journal Chritien has additional background on the case.

California Christian School Loses RLUIPA Claim

On Friday, a jury in a California federal court ruled that Alameda County (CA) did not violate the Religious Land Use and Institutionalized Persons Act when it denied Redwood Christian Schools a permit to construct a new building. The San Francisco Chronicle says that the jury—after nearly a week of deliberations—decided that the county rejected the school’s request because of the need to keep land for agricultural use and open spaces. The jury rejected a claim that an earlier grant of a permit to a private non-religious school showed discrimination against Redwood. The non-religious school was building in an already developed area and was constructing a smaller building. Redwood Christian plans an appeal.

Anti-Jewish Remark Forces Candidate Out Of Mayoral Race

The Indiana Republican Party has asked Bob Parker not to file as a candidate for mayor of Indianapolis after Parker made a statement that was seen as reinforcing stereotyping of Jews. JTA reports today that Parker said: "I personally see Israel going into Iran and Syria in the next couple of months... It’s mainly because of the Jewish faction inside the Democratic Party. Most Jewish people are Democrats, and they bring that wealth."

Azeri Journalists On Trial For Insulting Muhammad

Interfax reported yesterday that a criminal trial of two journalists accused of insulting the Prophet Muhammad has begun in a court in Azerbaijan. The editor and a correspondent for Semet were charged with spreading ethnic, racial or religious hatred by publishing an article that allegedly insulted Islam.

UPDATE: The International Herald Tribune reported on Monday that the trial has been postponed as the court ordered a change of venue to the district where the newspaper offices are located instead of where the defendants live.

Kuwait Will Drop Religious Freedom From High School Curriculum

MEMRI today reports that Kuwait's education ministry plans to remove teaching about Article 18 of the Universal Declaration of Human Rights in the high school curriculum. Provision, which guarantees freedom of religion, including the right to change one's religion, is seen as contrary to Islamic law. In response, Kuwaiti reformist and intellectual Dr. Ahmad Al-Baghdadi has published two articles critical of Arab education and the mixing of religion into the teaching of secular subjects.

Registration Difficult To Obtan Under Serbia's Religion Law

Forum 18 yesterday gave an update on the status of religious freedom under Serbia's controversial Religion Law enacted last year. (See prior postings 1, 2 .) Only the Seventh Day Adventist and United Methodist churches and the Church of Jesus Christ of Latter-day Saints have been officially registered under the law. Many smaller religious groups have had their applications stalled. Some groups have decided not to apply for registration. Other groups are being sent by the Religion Ministry to register as an Association of Citizens with the Public Administration Ministry. But that ministry often sends them back to the Religion Ministry.

Controversial Chaplain Finally Discharged

On Tuesday, the D.C. Circuit Court of Appeals lifted its previously issued injunction, clearing the way for the Navy to discharge Chaplain Gordon Klingenschmitt. The Chaplain has been in a long-running dispute with the Navy over use of sectarian prayers outside of religious services. A September court martial found that he had disobeyed orders in wearing his uniform at a press conference challenging the Navy policy. More recently, the Navy refused to accept a change of endorsing organizations for Klingenschmitt's chaplaincy, and decided he should be discharged. The Associated Press reports that Klingenschmitt signed his final separation papers yesterday, but said that he will pursue his lawsuit seeking reinstatement

Mennonnites Leave Missouri Over Drivers' Licence Requirement

The Mennonite community in Randolph County, Missouri is moving to Arkansas because Missouri's 2004 drivers' license law requires them to be photographed in violation of their religious beliefs. Yesterday's Columbia (MO) Tribune reports that the move comes because of a change in Missouri law made in anticipation of the requirements of the federal Real ID Act. Under prior law, Mennonites could obtain a complete religious exemption from the photo requirement. Now they can get a personal drivers' licence without a photo on it, but they are still required to have a picture on file with the state. Arkansas may well move to the same photo requirement when the federal requirements become effective in 2008. But as of now the Mennonites can get a 6-year Arkansas license with a full religious exemption from photos. Mennonite Frank Christner explained: "We can either stay here and struggle or move to Arkansas and have at least six years to drive and work."

Agency Finds Discrimination Against Catholic Priest At NIH

Last week the U.S. Merit Systems Protection Board decided Heffernan v. Department of Health and Human Services, (Feb. 23, 2007), concurring with EEOC findings that a Roman Catholic chaplain at an NIH clinical center had been discriminated against on the basis of his religion. (Press release.) The EEOC decision, Heffernin v. Leavitt, (Jan. 26, 2007), found that Father Heffernan had been removed from his chaplain's position in retaliation for his objections to the NIH's multi-faith chaplaincy that required him to lead religious services of other faiths as well as his own. It concluded that while the priest's discharge was said to be for failure to comply with training certification requirement, in fact that was a pretext for discrimination and retaliatory animus. The EEOC decision found a number of instances of expressed animosity toward Catholics by Heffernan's supervisor at NIH.

Indonesia Moves Toward Sharia

Yesterday's International Herald Tribune carries an article titled Islamic Hard-Liners Chip Away at Indonesia's Secular Traditions. It reports: "Women are jailed for being on the street alone after dark in parts of Indonesia, long held up as a beacon of moderate Islam. Gamblers are caned as punishment, Christian schoolchildren are forced to wear headscarves and a proposed law would sentence thieves to amputation of the hands." The developments are the result of a determined group of conservatives pressing for Islamic laws, and liberal Muslim leaders not engaging in public debate on the developments.

San Diego Diocese Files For Bankruptcy Reorganization

Just before midnight on Feb. 27, the Catholic Diocese of San Diego, California became the fifth Catholic Diocese to file for bankruptcy reorganization in the face of lawsuits seeking damages for past priest sexual abuse. Catholic Online reported yesterday that the filing was made just hours before the trial was to begin in the first of 140 lawsuits seeking damages for abuse by priests. (See prior related posting.) Bishop Robert Brom posted a letter on the Diocese website explaining the decision to file. It said in part: "We have decided against litigating our cases because of the length of time the process could take and, more importantly, because early trial judgments in favor of some victims could so deplete diocesan and insurance resources that there would be nothing left for other victims."

City Land Swap Challenged As Unconstitutional

In Coeur d'Alene, Idaho, a proposed land swap between the city and the Salvation Army is being criticized as unconstitutional by Americans United for Separation of Church and State. The Coeur d'Alene Spokesman Review today reports that the swap will be carried out through the city's Parks Foundation. Land valued at $1 million will be given to the Salvation Army in exchange for a different parcel of nearly equal value. The Salvation Army will use the land to construct a $30 million community center that will house athletic facilities and a 400-seat chapel. The city will also spend $3 million to prepare the land for construction.

Pressure For Evolution, Creationism In Curriculum Continues

Controversy on the teaching of evolution-- or its alternatives-- in public schools continues. In Idaho, science teachers have approved a policy that favors teaching evolution as understood by the scientific community. Fox12 News reported yesterday that the Idaho Science Teachers Association is now officially on record against teaching intelligent design in the science classroom.

Meanwhile, the Associated Press on Tuesday reported on a fascinating resolution aimed at placing the Tennessee state education commissioner on the spot. State Sen. Raymond Finney has introduced SR 17 in the Tennessee state Senate. The resolution is worth being quoted at length:

BE IT RESOLVED ... that the commissioner of the department of education ... is hereby respectfully requested by this body to respond to the following questions:

(1) Is the Universe and all that is within it, including human beings, created through purposeful, intelligent design by a Supreme Being, that is a Creator?

Understand that this question does not ask that the Creator be given a name. To name the Creator is a matter of faith. The question simply asks whether the Universe has been created or has merely happened by random, unplanned, and purposeless occurrences.

Further understand that this question asks that the latest advances in multiple scientific disciplines –such as physics, astronomy, molecular biology, DNA studies, physiology, paleontology, mathematics, and statistics – be considered, rather than relying solely on descriptive and hypothetical suppositions.

If the answer to Question 1 is “Yes,” please answer Question 2:
(2) Since the Universe, including human beings, is created by a Supreme Being (a Creator), why is creationism not taught in Tennessee public schools?

If the answer to Question 1 is "This question cannot be proved or disproved," please answer Question 3:

(3) Since it cannot be determined whether the Universe, including human beings, is created by a Supreme Being (a Creator), why is creationism not taught as an alternative concept, explanation, or theory, along with the theory of evolution in Tennessee public schools?

If the answer to Question 1 is "No" please accept the General Assembly’s admiration for being able to decide conclusively a question that has long perplexed and occupied the attention of scientists, philosophers, theologians, educators, and others....

Bill sponsor, Sen. Finney, a retired physician, lives some 60 miles from the town of Dayton, TN where the famous 1925 Tennessee Scopes Monkey Trial was held.

Montana Senate Keeps Child Health Contraceptive Payments Ban

The Great Falls Tribune reports that on Tuesday the Montana state Senate approved Senate Bill 500 by a vote of 25-24. However, a day later the result was reversed when, on its third reading, the vote was 25- to 25. The bill would have removed a ban on payment for contraceptives by the Children's Health Insurance Program. The program provides medical insurance to children from low income families. State Sen. Roy Brown illustrates the opposition: "This is going to take general fund dollars and put it in a program that to some portion of our society is against their religion."

Iran Universities Continue Discrimination Against Baha'is

The Baha'i World News Service yesterday reported that Baha'is in Iran continue to suffer discrimination in higher education. Last fall, the government removed a question about the applicant's religion from entrance examination papers, and for the first time in 25 years, a significant number of Baha'i students were admitted to Iranian universities. But now, at least 70 of the 178 who were admitted have been expelled as their religion becomes known. Baha'is are the largest religious minority in Iran, but have faced systematic discrimination since the 1979 Islamic revolution.

Worcester City Council Backs Invocations

Yesterday's Worcester (MA) Telegram & Gazette reported that Worcester City Council voted 6-5 to block Mayor Konstantina B. Lukes from seeking a legal opinion from the city solicitor on the legality of opening Council meetings with sectarian invocations. The issue was raised after Council's Dec. 5 meeting at which a local minister led an invocation that included "remember what Christmas is all about – it's about Jesus, in whose name we pray". That prayer led the Massachusetts Chapter of Americans United for Separation of Church and State to request that invocations be eliminated entirely from Council meetings.

Religious Objection-- Among Others-- Raised To Ohio's New Smoking Ban

The Ohio Department of Health yesterday held hearings on proposed rules to implement a state-wide indoor smoking ban in businesses and other public places that was approved by Ohio voters last November. Today's Columbus Dispatch reports that among the many vociferous opponents of the ban was one Native American woman who said the proposed rules would violate her First Amendment right to freedom of religion because she uses tobacco in spiritual rituals.

SCOTUS Hears Arguments Today On Taxpayer Standing To Challenge Faith-Based Inititative

Today, the U.S. Supreme Court hears oral arguments in Hein v. Freedom From Religion Foundation, raising the question of whether taxpayers have standing to bring an Establishment Clause challenge to expenditures and activities of President Bush's Office of Faith-Based and Community Initiatives. The 7th Circuit said they did. (See prior postings: 1, 2 .) Detailed background on the case can be found in a posting at The Roundtable, written by Professors Ira Lupu and Robert Tuttle. An editorial in today's New York Times urges the Supreme Court to affirm the 7th Circuit's grant of standing.

UPDATE: The Los Angeles Times has an account of today's oral arguments in the case.

UPDATE: The full transcript of today's oral arguments in the Hein case is now available online.

UPDATE: Dahlia Lithwick at Slate has a particularly interesting account of the oral argument.

LA Trial of Temple 420 Leader On Marijuana Charges Starts Friday

The Daily News of Los Angeles earlier this week reported on Friday's upcoming trial for possessing and transporting marijuana of Rev. Craig X Rubin who runs Temple 420. (See prior posting.) The Temple considers marijuana a sacrament, and Rubin distributes it six days each week to more than 400 Temple members, each of whom has paid a $100 initiation fee. Members are asked to donate $60 for each one-eighth ounce of marijuana they receive. Rubin claims that their activities are protected by the Free Exercise clause. The Daily News says: "Temple 420's tenets stem from Rubin's Jewish childhood, conversion to Christianity and experience taking peyote in American-Indian sweat lodges. A pro-pot Republican partial to dark suits and red ties, Rubin hangs the American flag behind his podium and gushes about Ronald Reagan."

Opinion Rejects Free Exercise Challenge To Teaching Children Respect For Gay Couples

Lexis has now made available the court's opinion in Parker v. Hurley, 2007 U.S. Dist. LEXIS 12751 (D MA, Feb. 23, 2007), a case that rejects Free Exercise, privacy and substantive due process claims by parents who were opposed to a Lexington, Massachusetts school's use in kindergarten of books that portray homosexual couples in a positive manner. (See prior posting.) Parents who sued believed that homosexuality is immoral. Following First Circuit precedent, the court held that "the constitutional right of parents to raise their children does not include the right to restrict what a public school may teach their children and that teachings which contradict a parent's religious beliefs do not violate their First Amendment right to exercise their religion." The court found that schools have a reasonable basis for teaching young children to respect differences in sexual orientation.