Litigation Looms Over Property of Breakaway Anglican Churches In Virginia

After nine Virginia Episcopal congregations voted last month to break away from the Episcopal Church of the United States and affiliate instead with the Anglican Church of Nigeria (see prior posting), they signed an agreement with the Episcopal Diocese of Virginia in which both sides pledged not to bring litigation over church property. The 30-day standstill agreement would automatically renew unless either side opted out. Today's Washington Post reports that the Diocese of Virginia, saying that the churches are not interested in working on a compromise, has now elected not to renew the agreement. It is planning-- after the initial agreement's expiration next Wednesday-- to take steps to claim the property of all nine churches while it is considering each church's situation on a case by case basis. Some of the nine churches are refusing to permit congregants who opposed the break off to hold their own separate services on church premises.

Italian Bishop Criticizes Proposed Law On Religious Equality

Giuseppe Betori, the secretary of the Italian Bishops' Conference, spoke out today in opposition to a draft law being considered by the Italian Parliament that would grant equal rights to all religious faiths in predominately Catholic Italy. Even though Catholicism is no longer the official state religion in Italy, it still enjoys some preferences. AKI says Betori told Parliament's Commission on Constitutional Affairs: "In the current constitutional context, the equal freedom of each confession does not imply full equality. The state should be careful not to sign too many agreements."

VA's Spirituality Assessment of Patients Does Not Violate Establishment Clause

On Monday, according to the Associated Press, a Wisconsin federal district court rejected an Establishment Clause challenge to the Veterans Administration practice of giving most patients spiritual assessments that include questions about their religious observance as part of a holistic treatment program. The VA says it believes that spirituality should be integrated into health care, but it allows patients to decide whether that involves religion. The court concluded that the VA program serves a valid secular purpose. The opinion said: "The choice to receive spiritual or pastoral care, the choice to complete a spiritual assessment, and the choice to participate in a religious or spiritually based treatment program always remain the private choice of the veteran. Accordingly, there is no evidence of governmental indoctrination of religion." (See prior related posting.)

The case was brought by the Freedom From Religion Foundation. The Madison (WI) Capital Times quotes FFRF spokesperson Annie Laurie Gaylor who criticized the judge's decision: "He just didn't get it. Part of his decision stated that VA chaplains are there to bring healing through God's grace and he said it without putting it in quotes. Does his courtroom operate that way, too?"

UPDATE: The full opinion in Freedom From Religion Foundation , Inc. v. Nicholson,(WD WI, Jan. 8, 2007) is now available online. Also BBS reported on Thursday that FFRF will appeal the district court's ruling.

Controversial Navy Chaplain's Discharge Upheld

After having previously refusing to grant a temporary restraining order (see prior posting), last week, according to yesterday's Navy Times, a federal district court in the District of Columbia refused to grant an injunction to Navy Chaplain Gordon J. Klingenschmitt to keep him in the Navy beyond his January 31 discharge date. The controversial Chaplain who has been challenging the Navy's policy on sectarian prayers by chaplains resigned from the Evangelical Episcopal Church and obtained a new endorsement as a chaplain from the Full Gospel Church. The Navy treated this as a new application and rejected it. Klingenschmitt claims that the Navy has permitted as many as 42 other chaplains to change endorsers without losing their positions.

UPDATE: On January 24, the Air Force Times reported that Klingenschmitt asked the Court of Appeals for the D.C. Circuit to reconsider the district court's denial of an injunction to prevent his discharge.

Arizona Supreme Court Rejects Original Jurisdiction In School Voucher Challenge

Without comment yesterday, the Arizona Supreme Court refused to hear a challenge to two new state tuition grant programs offering school vouchers to foster parents and parents of disabled children. The ACLU and People for the American Way brought the challenge directly in the state Supreme Court claiming that the programs violate state constitutional prohibitions against public funding for private and religious schools. Reporting on the decision, the Associated Press said that plaintiffs can now refile the case in a trial court. Praising the court's decision, the Institute for Justice said that judicial precedent indicates that the voucher programs are constitutional. In a press release it said: "School choice opponents should stop their legal battle against programs that simply empower parents choose the educational environment that best suits their children."

North Carolina Pastor Seeking Support For Christian Prayer At City Council

In Thomasville, North Carolina, Rev. Donnie Lunsford was concerned that only 50 people turned out for a City Council meeting last month at which City Councilman Dwight Cornelison proposed including Christian prayers at Council meetings. So Lunsford is planning a Feb. 3 breakfast billed as a "Christian involvement conference" to increase support for Cornelison's proposal, according to yesterday's Lexington (NC) Dispatch. Cornelison is attempting to create a policy that will both allow Christian prayer and pass Constitutional scrutiny. He says that options are offering invocations before meetings are officially called to order; having council members pray only for themselves instead of on behalf of the entire city; or to inviting clergy on a rotating basis from various faiths. Councilman Cornelison supporting Rev. Lunsford's "involvement conference" said: "We're going to dispel the rumors that Christians can't be involved.... God ordained government, church and the family. It's a Christian duty and obligation to participate in civil government."

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.