Two Religious Land Use Cases In The News

Two church land-use cases under the Religious Land Use and Institutionalized Persons Act are in the news today. The Virginian Pilot reports on one out of Portsmouth, Virginia. Federal district court judge Robert G. Doumar has denied a motion to dismiss a law suit challenging Portsmouth City Council's refusal to permit an empty 106-year old church building be reopened as a church. Meanwhile, in Scottsdale, Arizona, SonRise Community Church has filed suit in federal court challenging the city's refusal to permit it to build a Christian school facility on a 10-acre parcel of land owned by the church, according to the East Valley Tribune. The church is represented by the Alliance Defense Fund. Church officials say "God has called them to plant a church and establish a private, Christian school facility in north Scottsdale." City officials cited flooding and traffic problems in refusing a zoning permit.

UPDATE: The full opinion in the Portsmouth, Virginia case is Chase v. City of Portsmouth, 2005 U.S. Dist. LEXIS 29551 (Nov. 16, 2005).

European Court Upholds Turkish Headscarf Ban

The European Court of Human Rights has ruled that Turkey can ban Muslim women at universities from wearing headscarfs. BBC News yesterday reported that the court rejected an appeal by a Turkish woman who had argued that the ban discriminated against her on religious grounds and violated her right to an education. However, the court ruled that the ban was justified to maintain order and avoid giving a preference to religion.

Suit Challenges Faith-Based Prison Program

The Free New Mexican on Wednesday reported on a law suit filed by the Freedom From Religion Foundation challenging a Christian ministry program and a "God Pod" housing unit at privately run New Mexico Women’s Correctional Facility in Grants, NM. Plaintiffs argue that these programs impermissibly endorse and promote religion. The Corrections Department’s website says the programs are designed to help inmates “establish or strengthen a relationship with God” ; learn to live in a faith community; overcome addictive habits and other problems; strengthen family relationships; and "form new relationships within the Christian community." The state argues that faith-based programs do not violate the Constitution. Participation is voluntary, and the goal is to teach life skills, not religion.

State Agency Lacks Jurisdiction Over Priest's Discrimination Complaint

In Rweyemamu v. CT. Commission on Human Rights and Opportunities, 2005 Conn. Super. LEXIS 2798 (Oct. 21, 2005), a Connecticut Superior Court held that the state human rights commission had no jurisdiction over a complaint by a Black African priest that he was not appointed pastor or parochial administrator of a particular Catholic church. The court found that the Free Exercise clause also precludes it from reviewing a discrimination complaint in this kind of purely ecclesiastical matter.

Justice Department Claims Ohio's Union Contract Discriminates On Religious Grounds

The Religious News Service reported yesterday that the U.S. Department of Justice is challenging the state of Ohio's collective bargaining contract with 36,000 public employees. It argued in federal court in Columbus that the contract violates the Civil Rights Act of 1964 by requiring non-union employees to pay a representation fee to a union that advocates positions that the employee objects to on religious grounds.

The suit involves Glen Greenwood, a pollution control worker at the Ohio EPA. He sought to stop paying a representation fee to the union when he learned that it supports abortion and gay rights. Ohio's contract with AFSCME Local 11 only permits state workers to opt out if they belong to a church that historically has held conscientious objections to joining or financially supporting unions. Acting U.S. Attorney General Bradley J. Schlozman said the Civil Rights Division wants the exemption expanded to permit any worker who holds a sincere opposition to a union-funded activity to divert his or her representation fee to charity. He contends that the current contract discriminates against those with sincere beliefs who do not belong to churches with long histories of opposing unions.

Senate Votes To Allow Prayer At Military Academies

The U.S. Senate voted Wednesday to allow voluntary, non-denominational prayers at official events at the U.S. Air Force Academy and other service academies. Scripps-Howard reports that the vote, which added an amendment to the Defense Authorization Bill, was 99-0. The amendment would reverse recent Interim Guidelines adopted by the Air Force in the wake of charges of religious coercion at the Air Force Academy.

Voters Eliminate Cross From Redlands City Seal

In Redlands, California on Tuesday, voters defeated Measure Q, refusing to reverse city council's 2004 decision to remove the Christian cross from the city's official seal. The Redlands Daily Facts yesterday reported that nearly 60% of those voting opposed the measure. (See prior related posting.)

US House Recognizes 40th Anniversary of Nostra Aetate

On Monday, the U.S. House of Representatives passed, by a vote of 349- 0, H. Con. Resolution 260, recognizing the 40th anniversary of the Second Vatican Council's Declaration on the Relation of the Church to Non-Christian Religions. The Declaration, known as Nostra Aetate, began an era of improved relationships between the Catholic Church and the Jewish community around the world. The Concurrent Resolution encourages the President to exert the leadership of the United States to work toward ensuring that anti-Semitism and all forms of religious hatred and racial bigotry are not tolerated worldwide.

UPDATE: On November 10, the U.S. Senate also approved H. Con. Resolution 260.

Survey On Church-State Issues To Be Released

New York's Jewish Week reports that the Anti-Defamation League will release a survey next week showing that that 64% of Americans believe that religion is under attack in the U.S., with 57% saying that Christianity in particular is under attack. In answer to another question, 56% said they believe creationism should be taught with evolution in schools. The figure rises to 65% for those who attend church weekly and 70% for Evangelicals. It was 54 percent among those who attend church less than once a week. In a response to a third question, 64% of Americans said they believe religious symbols such as the Ten Commandments should be displayed in public buildings. Among weekly churchgoers, that figure jumps to 80%; among Evangelicals, it is 89%. It is 51% among those who attend church less than weekly.

UPDATE: The full poll was released on Nov. 21.

New Virginia Governor Impacted By Religious Experiences

On Tuesday, Democrat Tim Kaine won the race for governor of Virginia. The Associated Press on Tuesday reported that religious faith has been central to Kaine's life. As a child, he served as an altar boy. In his early 20's, Kaine served as a Christian missionary in Honduras. His experience with that nation's poverty had a lasting impact on him.

Dover School Board Voted Out; Foes of Intelligent Design Elected

As a trial judge is considering the constitutionality of Dover, Pennsylvania's policy on teaching about intelligent design, voters may have mooted the issue. The Washington Post reports today that the 8 Republican Dover school board members who were up for re-election yesterday were defeated by Democrats who oppose the teaching of intelligent design in science classes. A ninth school board member was not up for election. A spokesman for the winning slate said that they would not act to change the policy until the court hands down its ruling. [Thanks for the information to James Maule via Religionlaw].

Russian National Anthem Challenged For Reference to God

Interfax News Agency reported yesterday that the chairman of the Atheistic Society of Moscow, Alexander Nikonov, has gone to the Constitutional Court to challenge the reference to "God" in the Russian Federation's national anthem. He claims that the anthem violates Russia's Basic Law. Lev Levinson, an expert from the Institute of Human Rights, said Russian law ensures the secular character of the state.

Kansas Board of Education Revises Science Standards

Reuters reported yesterday that the Kansas State Board of Education, by a vote of 6-4, approved a new set of science standards that that include several challenges to the theory of evolution. The standards say that there is a lack of evidence or natural explanation for the genetic code, that fossil records are inconsistent with evolutionary theory, and that certain evolutionary explanations "are not based on direct observations... and often reflect... inferences from indirect or circumstantial evidence." State Board of Education's chairman, Steve Abrams, who has said that evolutionary theory is incompatible with the Bible's version of creation, praised the decision. Jack Krebs, vice president of Kansas Citizens for Science, said, "This is a significant attack on science. They really are advancing a sectarian religious view. They're treading on constitutional grounds." (See prior related posting.)

Wisconsin University Bans Dorm RA From Leading Bible Study

The University of Wisconsin at Eu Claire finds itself in the middle of a controversy over its policy restricting dormitory Resident Assistants from hosting religious or political events in residence halls, according to a report last week from the Milwaukee Journal Sentinel. In a letter, Deborah Newman, the university's associate director of housing and residence life told R.A. Lance Steiger that he could not continue leading a Bible study group in the basement of his dormitory, though he could do so outside the dorm. An e-mail from her earlier this fall to Steiger said: "As a state employee, you and I have a responsibility to make sure we are providing an environment that does not put undue pressure on any member of our halls in terms of religion, political parties, etc. As a 'leader' of a Bible study, one of the roles is to gather and encourage people to attend. These two roles have a strong possibility to conflict in your hall."

The Foundation for Individual Rights in Education (FIRE) has written the university objecting to its policy, calling the ban unlawful and an "immoral restriction of religious liberty." "Unless they're on the clock 168 hours a week, which they're not, they have dual capacity as do all state employees," said David French, president of the foundation. "They have private lives. . . . We're not talking about Bible studies as part of an official R.A. function. We're talking about on their own time a function that is completely optional." (FIRE Press Release.) [Thanks to Brad M. Pardee via Religionlaw for the information.]

International Religious Freedom Report Released

Yesterday, the U.S. State Department released its seventh annual International Religious Freedom Report to Congress as required by the International Religious Freedom Act of 1998. It redesignates Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Vietnam as "Countries of Particular Concern" (CPC) for severe violations of religious freedom. The same countries were listed as CPCs in the 2004 report. The report found improvements in religious freedom in Turkmenistan and Georgia, but ongoing serious abuses remain in Uzbekistan, Azerbaijan and Belarus. The Associated Press reported on other findings in the report. The report cites Saudi Arabia for denying religious freedom to non-Muslims. It also found some problems with other allies including Israel, Belgium, France, Germany and Pakistan. In Israel, the report said, some non-Jews, primarily Arab Muslims and Christians, are discriminated against in education, housing and employment. (See earlier related posting.)

FLDS Trust To Be Revised

The Salt Lake Tribune reports today that Utah Judge Denise Lindberg announced that the trust that holds the property of the Fundamentalist Church of Jesus Christ of Latter Day Saints will be administered by a neutral board of trustees, removing any control from the church priesthood. The priesthood will continue to control the religious side of the church. Also witnesses testified that most of this year's FLDS property tax bill of $1.2 million has not been paid, even though the church is apparently receiving "great sums of money." as donations. The money is allegedly is being used to build a new FLDS community in Texas.

Bruce Wisan, a special fiduciary appointed in May to protect UEP assets, said the church in the past has collected money from its members to pay taxes. This year, the faithful have been told "to do nothing" to help cover the bill, he said. FLDS, a sect that encourages polygamous marriage, has been the subject of numerous enforcement initiatives recently. (See prior posting.)

Protestants Sentenced By China Court For Illegal Printing of Bibles

A Chinese court today sentenced a Protestant minister, Cai Zhuohua, to prison for 3 years on charges of "illegal business practices" for printing Bibles and other Christian publications, according to a report from Reuters. His wife was sentenced to a 2 year term, and her brother received an 18 month sentence. Fines were also imposed. A fourth defendant, charged with "secretly storing illegal goods", was not sentenced after she cooperated with the prosecution. In China, printing of Bibles and other religious publications needs approval from the State Bureau of Religious Affairs. 200,000 Bibles had been found in Cai's warehouse. (See prior posting.)

Challenge To No-Beard Rule In Florida Prisons Moves Forward

In Muhammad v. Crosby, the Florida Court of Appeal decided on Nov. 7 that a Muslim inmate's claim under Florida's Religious Freedom Restoration Act could move forward. The inmate , Akeem Muhammad, challenged prison rules requiring him to be clean shaven, arguing that this substantially burdens his exercise of religion. The court reversed the trial court's holding that the case should have been brought as a declaratory judgment action rather than as a claim for mandamus. The appellate court also reversed the trial court's placing of a lien on Muhammad's prison account to pay for his filing fees.

UPDATE: On Jan. 10, 2006, the court released for publication a revised opinion reaching the same result, Muhammad v. Crosby.

Indian Court Strikes Down Set-Aside for Muslims

In India the High Court for the state of Andhra Pradesh High Court struck down an Ordinance providing for a 5% reservations for Muslims in government jobs and educational institutions. The BBC yesterday reported that the five-member court held that the act violates the constitution, which does not allow reservations on the basis of religion. The court criticized the reasoning of the Andhra Pradesh Backward Class Commission that had recommended the set-aside, saying the commission had not gathered sufficient data or evolved a proper mechanism for subjecting Muslims to a test of social backwardness. An appeal to the Supreme Court of India is expected.

California Church Warned By IRS Because of 2004 Anti-War Sermon

Today's Los Angeles Times reports that All Saints Episcopal Church in Pasadena could lose its tax-exempt status because of an anti-war sermon given two days before the 2004 Presidential election. The Internal Revenue Service sent a warning letter on June 9 to the church, one of Southern California's largest and most liberal. The church's former rector, the Rev. George F. Regas, had imagined Jesus participating in a political debate with then-candidates George W. Bush and John Kerry. Regas said that "good people of profound faith" could vote for either man, and did not tell parishioners whom to support. But he criticized the war in Iraq, saying that Jesus would have told Bush, "Mr. President, your doctrine of preemptive war is a failed doctrine. Forcibly changing the regime of an enemy that posed no imminent threat has led to disaster."

Marcus Owens, the church's tax attorney, said "I doubt it's politically motivated. I think it is more a case of senior management at IRS not paying attention to what the rules are." Six years ago the IRS used to send about 20 such letters to churches a year. That number has increased sharply because of the agency's recent delegation of audit authority to front-line agents, Marcus said.

The IRS has offered to settle with All Saints and not move to the exam stage if the church admits to improper election activity. However the church refused the offer.

UPDATE: The Los Angeles Times has published an interesting background article on the IRS and political activities by religious organizations.

ADL Leader Criticizes Conservative Christian Groups

At a meeting in New York of the Anti-Defamation League's national commission over the weekend, ADL Director Abraham Foxman charged that institutionalized Christianity in the U.S. has grown so extremist that it poses a tangible danger to the principle of separation of church and state and threatens to undermine the religious tolerance that the Jewish group promotes. Ha'aretz on Sunday reported that Foxman in his speech said: "Today we face a better financed, more sophisticated, coordinated, unified, energized and organized coalition of groups in opposition to our policy positions on church-state separation than ever before. Their goal is to implement their Christian worldview. To Christianize America. To save us!" He particularly singled out Focus On Family, Alliance Defense Fund, the American Family Association, and the Family Research Council as groups that concern him.

Churches Urge Yes Vote On California Prop. 73

In California yesterday, churches became the focus of those supporting Proposition 73, a proposed state constitutional amendment that would require doctors to notify parents 48 hours before perfuming an abortion on anyone under 18. Today's Los Angeles Times reported on the organized efforts in congregations, particularly in Protestant mega-churches, to encourage their members to vote for the amendment on Tuesday. The California Catholic Conference distributed homilies for priests to read at the state's 1,100 parishes and provided bulletin inserts and other materials on its website. Among the techniques used by supporters was a DVD shown on large screens in mega-churches. At other churches, organizers et up information tables.

Two Newly Published Law Review Symposia

From SmartCILP:

Brigham Young Law Review, Vol 2005, Issue 3 is an International Law and Religion Symposium titled Religion in the Public Sphere. The full text of all the articles is available online.

The American Journal of Comparative Law, Vol. 54, No. 4 (Fall 2004) has just published a symposium on Law, Religion and Secularism. Articles include:
Lama Abu-Odeh, The Politics of (Mis)recognition: Islamic Law Pedagogy in American Academia;
Christina Jones-Pauly & Neamat Nojumi, Balancing Relations Between Society and State: Legal Steps Toward National Reconciliation and Reconstruction of Afghanistan;
Abdulmumini Adebayo Oba, The Sharia Court of Appeal in Northern Nigeria: The Continuing Crises of Jurisdiction;
Seval Yildirim, Expanding Secularism's Scope: An Indian Case Study.

In Israel, Efforts To Restore the Sanhedrin

In Israel, for over a year a group of rabbis has been attempting to re-establish the Sanhedrin, the traditional court of 71 rabbis that existed in ancient Israel. Arutz Sheva reported on Friday that at a conference last week, the project organizers presented the project to the public, seeking broader involvement it. Rabbi Adin Even-Israel Steinsaltz publicly accepted the position of Nassi, President of the Sanhedrin. Members of the Court delivered reports outlining how the nascent Sanhedrin is already working toward fulfilling the leadership role that the Sanhedrin would fulfill. Among the projects currently being worked on is the Beit Din Bein HaAm v'HaMedina, the Court Dealing With the Relationship Between the Nation and the State. This Court recently was allowed by an Israeli secular judge to decide whether an arrested Gaza disengagement protester should agree to restricted conditions in exchange for release from prison.

Viet Nam Claims Progress In Assuring Religious Freedom

Nhan Dan, the official newspaper of the Communist Party of Viet Nam, yesterday published an extensive and optimistic assessment of the progress the country has made in assuring free exercise of religion one year after the implementation of the Belief and Religion Ordinance.

ID Trial Closes; More About Its Origins; Interested Reporter Attends

Yesterday, closing arguments were held in the Ktizmiller trial, pitting the Dover, Pennsylvania school board that advocates teaching of intelligent design against parents of school students challenging the school's policy. The Associated Press reported that Friday marked the conclusion of the six-week trial that featured expert witnesses debating intelligent design's scientific merits and disagreements among other witnesses over whether creationism was discussed in school board meetings months before the curriculum change. U.S. District Judge John E. Jones III said he hoped to issue a ruling by early January.

Meanwhile, yesterday the New York Times reported that the idea of introducing intelligent design was originally suggested to the Dover school board by an advocacy group hoping to create a test case. For years, a lawyer for the Thomas More Law Center in Michigan visited school boards around the country seeking one willing to challenge evolution and to face a high-profile trial. The Dover school board agreed despite a memo from its lawyer, Stephen S. Russell, warning that if the board lost the case, they would have to pay its opponents' legal fees. In the memorandum, made public in court on Wednesday, Mr. Russell advised that opponents would have a strong case because board members had a lengthy public record of advocating "putting religion back in the schools."

In a final twist of irony, the Pittsburgh Post-Gazette today says that one of the reporters covering the high profile trial for Harper's magazine is Matthew Chapman, great-grandson of Charles Darwin, whose theory of evolution has been central to the case. Chapman's comment on the proceedings: "All of this is so unnecessary. People can believe in God and they can believe in evolution, too."

State Employee Claims Right To Send Religious Views By E-Mail From Work

Agape Press reported yesterday on an appeal to the California State Personnel Board filed last week on behalf of a state employee by the Pacific Justice Institute. The employee, who works for a California state agency, read an article in a national magazine featuring a lesbian attorney and her partner. She was troubled by a statement in the article attributed to the attorney, "Hypocrisy occurs when religion is used to justify why two people should not be married." The employee e-mailed the attorney from work, expressing her beliefs concerning religion and homosexuality and quoting several verses from the Bible. The attorney contacted the state employee's supervisors, complaining about the e-mail and saying that the use of scripture was harassing. After an investigation, the employee was suspended for 30 days without pay.

The appeal argues that workers' rights to express their religious convictions -- "especially when they are acting in their personal capacity"-- should be preserved. Particularly because other state employees are permitted to send e-mails on other topics in their free time, the Pacific Justice Institute contends that this employee is being "punished simply because [her] opinion happens to be from a Christian perspective."

6th Circuit Dismisses Claims Growing Out of Church Discipline

In Ogle v. Church of God, (6th Cir., Oct 31, 2005), the U.S. Sixth Circuit court of Appeals held that the courts lack subject matter jurisdiction as a matter of First Amendment law over a suspended clergyman's claims of breach of implied contract, tortious interference with business relationships, invasion of privacy, conspiracy, intentional infliction of emotional distress, and defamation. The claims were filed after the Church of God delayed reinstating Troy Ogle as a pastor after his one year suspension by the church. An ecclesiastical panel had found Ogle guilty of conduct unbecoming a minister and ordered him to undergo counseling. The court held that the Free Exercise clause bars the court from adjudicating the numerous civil claims which Ogle had filed because they all grew out of church internal disciplinary proceedings. Those proceedings were initiated because Ogle's actions in making sexual advances to other men violated the Church of God Minutes of the General Assembly.

Alito Student Article On Establishment Clause Issue

While a student at Yale Law School in 1974, now-Supreme Court nominee Samuel Alito published a lengthy Note in the Yale Law Journal that has been posted online. It is titled The "Released Time" Cases Revisited: A Study of Group Decisionmaking by the Supreme Court. It discusses the McCollum and Zorach cases-- involving release of public school students from class activities to attend religious instruction-- from the perspective of the interaction of various members of the Court. The Yale Law Journal has created a discussion board for posting of comments on Alito's 1974 Note. [Thanks to Marty Lederman via Religionlaw for the information.]

Alito Believes Court Has Gone Too Far In Church-State Separation

According to today's New York Times, Senators who have spoken with Supreme Court nominee Samuel A. Alito Jr. say that Alito believes the Supreme Court may have gone too far in its rulings on separation of church and state. Senator John Cornyn, a Texas Republican on the Judiciary Committee, said that Thursday in a private meeting Judge Alito expressed empathy for "the impression that the court's decisions were incoherent in this area of the law in a way that really gives the impression of hostility to religious speech and religious expression."

Belarus Has Not Yet Responded To U.N. Charges

Forum 18 today reports that Belarus has not yet formally responded to a November 12 deadline set by the United Nations Human Rights Committee for confirming that the country has corrected a religious freedom violation against Hare Krishna followers. The U.N. body found that Belarus had violated Article 18 of the International Covenant on Civil and Political Rights (ICCPR). The August 23 resolution (Communication 1207/2003) came in response to a formal complaint by two Krishna devotees, Sergei Malakhovsky and Aleksandr Pikul, that the government of Belarus had refused registration to their Krishna Consciousness Society at the building it used as a temple in Minsk.

Islamic Group Sues Media And Pro-Israel Supporters For Conspiracy To Deny Free Exercise

The Islamic Society of Boston (ISB) has charged supporters of Israel with defamation and conspiring to violate its civil rights in a lawsuit filed in Suffolk County Superior Court. Yesterday's Boston Jewish Advocate reported on recent developments. The suit was originally filed in May against the Boston Herald and Fox 25 News. This week, ISB added as defendants Anna Kolodner who is director of education of the David Project, as well as author and lecturer Steven Emerson of the Investigative Project, Steven Cohen and Dennis Hale of the group Citizens for Peace and Tolerance and William Sapers. The suit charges that defendants conspired in "a concerted, well-coordinated effort to deprive the Plaintiffs, who are members of the Boston area Muslim community, of their basic rights of free association and the free exercise of religion." The 58-page complaint alleges an elaborate web of connections between the defendants, all aimed at undermining the ISB’s $22 million mosque and cultural center project under construction in Roxbury.

Jeffrey Robbins who is representing the David Project said that the concerns raised in articles by the Herald and shared by members of the David Project alleging connections between ISB officials and extremist Islamic groups were legitimate causes for investigation. "You might have hoped that the Islamic Society, when they received these questions, would have sought to answer them. But instead the course chosen was to try and intimidate those who ask, which in itself speaks volumes about what this is about."

Burundi Declares Eid al-Fitr A Public Holiday

BBC reported yesterday that the African nation of Burundi, which has just emerged from a 12-year civil war, has for the first time has declared the Muslim festival of Eid al-Fitr a public holiday. Information Minister Karenga Ramadhani said the government wanted to redress an injustice against the 8%- 10% minority Muslim community. Most Christians to whom the BBC correspondent spoke were happy to have another public holiday.

Intelligent Design Bill To Be Introduced In Indiana

Preparations are under way to introduce a bill in the Indiana legislature to mandate the teaching of Intelligent Design in the public schools in that state. The blog, Dispatches From the Culture Wars, carries a long posting on these developments. Yesterday's Indianapolis Star also reported on reactions to the proposed bill which is being supported not only by Republicans, but by some Democrats. "Evolution was designed by God," said Democratic Rep. Jerry Denbo. "I really think that should be taught -- that there is a master. We didn't just come about by accident." However Democratic Rep. Ed Mahern, D-Indianapolis said, "It's one more instance where we are not concentrating on what we need to be concerned about -- higher test scores, keeping kids in school longer and promoting early childhood education."

ADF To Fight For Public Christmas Celebrations

The Alliance Defense Fund announced yesterday that it has more than 800 attorneys available nationwide to combat any improper attempts to censor the celebration of Christmas in schools and on public property. "As in years past, ADF's goal this season is to inform, educate, and help protect the rights of the 96% of Americans who celebrate Christmas regarding their rights," said ADF president Alan Sears. "We want to dispel the myths about religious expression at Christmas time that have prompted wrongful acts of government censorship of religious speech," Sears said. "Merry Christmas. It's okay to say it."

The North County, California Times today, in reporting on the ADF move, quotes a leader of the Anti-Defamation League in California, who contends that public Christmas celebrations that have been accepted in the past may no longer be viewed as appropriate because of the "enormous and increasing diversity" in America. He said that public events should not leave people feeling excluded.

New Books On Church-State and Religious Freedom

A flood of new books of interest have been published this fall:

Jimmy Carter, 39th President of the United States, in a new book strongly defends the separation of church and state. He argues that blurring the line between government and religion by rigid fundamentalists threatens civil liberties and privacy. The book, Our Endangered Values: America's Moral Crisis, draws on Carter's experiences as a president and a Christian. An excerpt from the book is available online, as is an audio recording of Carter's interview with National Public Radio's Terry Gross.

James H. Huston, The Founders on Religion: A Book of Quotations, is an impartial compendium of the founders' own remarks on religious matters, from Princeton University Press.

Peter Zagorin, How the Idea of Religious Toleration Came to the West, traces the roots of religious persecution in certain intellectual and religious traditions, and shows how out of the same traditions came the beginnings of pluralism in the West. From Princeton University Press.

Robert Wuthnow, America and the Challenges of Religious Diversity, looks not only at how we have adapted to diversity in the past, but at the ways rank-and-file Americans, clergy, and other community leaders are responding today. From Princeton University Press. A review of the book by Gary Rosen was published in the New York Times.

Jerry Weinberger, Benjamin Franklin Unmasked: On the Unity of His Moral Religious, and Political Thought, from University Press of Kansas. Weinberger discovers a serious thinker who was profoundly critical of religion, moral virtue, and political ideals.

Justus Weiner, Human Rights of Christians in Palestinian Society, from the Jerusalem Center for Public Affairs. Weiner finds that Christians who remain in territory governed by the P.A. are a beleaguered minority.

Satmar Rivals Feud In Court and Outside It

Today's Forward reports on the controversy between supporters of two sons of the grand rebbe of the Satmar Hasidic sect. Each side claims that their rabbi is the rightful successor to the ailing 91 year old leader of the ultra-Orthodox Jewish group. New York Supreme Court Judge Stewart Rosenwasser is presiding in a case in upstate New York that focuses on which group should control a cemetery in Kiryas Joel.

Rosenwasser, who is up for re-election as judge next week, recently issued a temporary ruling in favor of one of Rabbi Aaron Teitelbaum's followers, but warned that it should not be read as determining the broader question of who controls the Satmar's communal assets of more than $100 million. Earlier, a different Brooklyn judge had ruled that followers of Rabbi Zalmen Teitelbaum, the other brother, should control the group. The Forward reports that coincidentally, Rabbi Aaron's followers are an important voting bloc in Rosenwasser's district. The feud between the two factions has led to physical violence between them at the main Satmar synagogue in Brooklyn. On Oct. 27, the judge wrote to lawyers on both sides demanding an explanation of the fight that broke out at the synagogue two days earlier during Shemini Atzeret services.

Damage Claim By Muslim Woman Against Prison Officials Dismissed

A Muslim woman forced to remove her hijab (religious headscarf) while visiting a state prison cannot sue the Wisconsin Department of Corrections or its secretary for damages in federal court, according to a decision handed down last week. The Janesville, Wisconsin Gazette yesterday reported on the case. U.S. District Judge John Shabaz dismissed the suit, holding that under the 11th Amendment the state cannot be held liable for monetary damages sought by private citizens in federal court, and that recent changes in policy rendered part of the claim moot. The state now permits visitors to wear head coverings if they do not conceal their identities. David Lasker, lawyer for plaintiff Cynthia Rhouni, said he would refile the lawsuit in state court seeking up to $200,000 for the emotional damage Rhouni suffered when inmates saw her without her head covered.

Christian Group Protests Proposed Indian Law On Foreign Contributions

Proposed new legislation in India, the Foreign Contribution (Management and Control) Bill, 2005, is opposed by the Federation of Indian American Christian Organizations of North America, according to today's Pakistan Christian Post. The law would require groups to register and obtain government permission in order to receive support from overseas donors. FIACONA's president, Dr. Bernard Malik, said: "the criteria for rejecting registration of an organization was so broadly and vaguely worded that they could be misused to target organizations (particularly charitable Christian organizations) on flimsy and spurious grounds. Actions that supposedly violate communal harmony which attract a severe penalty under the Bill have been so loosely defined that minority community institutions will inevitably suffer even when they are the victims of motivated attacks at the hands of religious extremists of the majority community."

L.A. City Council Debates Tax-Exempt Financing For Parochial School

Today's Daily Breeze reports that Los Angeles City Council is debating the scope of a court ruling handed down last year. In 2004, a California appellate court held that conduit financing by the state for pervasively sectarian schools violated California's constitution. In California Statewide Communities Development Authority v. All Persons Interested, a California appellate court held that t use of conduit financing, which allows schools to finance projects at a lower cost than they could through conventional financing, is a form of aid within the meaning of Cal. Const. Art. XVI, § 5, and has the direct and substantial effect of aiding religion. The case is on appeal to the California Supreme Court.

Today L.A. City Council is scheduled to vote on a plan to issue $30 million in tax-exempt bonds on behalf of Loyola High School, a Catholic parochial school. The bonds would save the high school $8 million in interest costs. The city's attorneys have recommended that the council move ahead with the transaction, saying Loyola's educational activities, and its willingness to admit students of all religious backgrounds, shows that it is not "pervasively sectarian." The bond proceeds will be used to build a new science facility. The ACLU of Southern California questions the proposed move, arguing that the school is pervasively sectarian. The city has already used tax-exempt bonds to assist three other parochial schools since 2001.

UPDATE: In its vote, the Los Angeles City Council approved the issuance of tax-exempt bonds for Loyola High School, prompting a promise from the ACLU to review the transaction to determine if it violates the state constitution's separation of church and state.

South Dakota Supreme Court Hears Case On Church Demolition

Arguments were heard yesterday in the South Dakota Supreme Court on whether an old Roman Catholic school listed on the National Register of Historic Places should be torn down. The Rapid City Journal reports on the case. A circuit judge has ruled that denying demolition of Notre Dame Academy would amount to unreasonable government interference with religion.

Oral Arguments Held In O Centro

Bloomberg reports on yesterday's oral arguments in the U.S. Supreme Court in Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal. (See prior posting.) The case challenges the federal government's attempt to bar a New Mexico church from using a hallucinogenic tea in religious ceremonies.

This is Chief Justice Roberts first religious freedom case on the Court. Roberts questioned the government's argument that it must prohibit all use of hoasca to prevent diversion to non-religious uses. "Your approach is totally categorical.'' If a religious group used only one drop of the drug a year, "your position would still be the same", Roberts told government lawyer Edwin Kneedler during the one-hour argument.

The government argued that it has a compelling interest in "uniform enforcement'' of its drug laws. But Justice Antonin Scalia pointed to an exception that Congress has made for peyote in American Indian religious ceremonies. He said, "It's a demonstration you can make exceptions without the sky falling.'' Justice John Paul Stevens followed up by asking whether the exception for peyote indicated that "maybe [the government's interest is] not all that compelling.''

Religious Freedom Moves Forward In Geogian Republic

Adventist News Network reported yesterday on a new religious freedom initiative in the Republic of Georgia. Leaders met on Oct. 23 to lauch the Georgian Religious Liberty Association. The new organization was created after the Seventh-Day Adventist Church and the International Religious Liberty Association urged that this type of step be taken. Leaders of various faith communities, representatives of human rights organizations, and government officials, covered by national television, met to inaugurate the IRLA. The event included the participation by representatives of the Patriarchate of Georgia and by government Ombudsman Beka Mindiashvili.

Candidate For Governor of Va. Talks About His Faith

Monday's Washington Post reported on the use of religion in his campaign by Timothy M. Kaine, Virginia's Lieutenant Governor, who is trying to become the state's first Catholic governor. "I'm a person of faith, and here's who I am, and you're entitled to know who I am because you ought to know about me, what's important to me," Kaine said in a recent interview in which he talked in depth about the influence of his religion on his life. "That'll give you a yardstick for judging my actions." Kaine is trying to signal that talking about his religious life doesn't mean that he represents a conservative perspective. This has created some delicate political challenges for him on two major issues: capital punishment and abortion. On both he has indicated a willingness to accept the legal status quo even though it conflicts with his religious convictions.

Alito Will Make Catholics A Majority On Court

An AP article in today's Washington Post points out that if Supreme Court nominee Samuel Alito is confirmed, for the first time a majority of the Court's justices will be Roman Catholics. Up to now, Protestants have dominated on the court. Only two Protestants will remain on the Supreme Court--David Souter and John Paul Stevens. The two other justices--Ruth Bader Ginsburg and Stephen Breyer--are Jewish. Meanwhile, Carl A. Anderson - leader of the Knights of Columbus, the world's largest lay Catholic organization with more than 1.7 million members worldwide - said Monday that Alito is "a truly excellent choice".

Kitzmiller Trial Continues

The Kitzmiller trial, challenging the policy in Dover, Pennsylvania schools on the teaching of intelligent design, drags on. (See prior posting.) The Philadelphia Inquirer today reports on yesterday's proceedings. U.S. District Judge John E. Jones 3d, who has presided over the trial calmly so far launched into an uncharacteristic blistering 10-minute cross-examination of Dover School Board President Alan Bonsell over the source of $850 used to buy high school textbooks on intelligent design.

Attempt To Vacate Mt. Soledad Cross Ruling Filed

The battle to save the Mt. Soledad Cross is not quite over, according to a report today in the Christian Examiner. On Oct. 7, a San Diego Superior Court judge nullified a July referendum vote that would have allowed the Mount Soledad Memorial to be transferred to the federal government. (See prior posting.) On October 19, a motion was filed to vacate the order by Charles LiMandri, who represents San Diegans for the Mount Soledad National War Memorial. A hearing before Superior Court Judge Patricia Cowett was scheduled for Oct. 31. The latest action came after LiMandri learned the city of San Diego is not likely to appeal the judge’s earlier ruling. LiMandri, who was appointed an unpaid special deputy city attorney to advise on the case in September, is no longer representing the city.

UPDATE: The Oct. 31 San Diego Union Tribune reported that Judge Cowett refused to hold a hearing on the motion to vacate her earlier ruling. An appeal to the 4th District Court of Appeals is planned.

Coptic Churches In Egypt Attacked By Muslims

The Associated Press reports today from Egypt that seven Coptic Christian churches in Alexandria were attacked by thousands of Muslims on the night of Oct. 21. There has been growing tension between Egypt's Muslim and Christian community. The immediate cause of this violence seems to be play put on by Christians deemed offensive to Islam. Some Muslim protesters said they had seen clips of the play on an Internet chat site with a message calling on "faithful Muslims" to gather after Friday prayers in front of St. George's church to protest. Though it has not been performed recently, Islamic extremists may have been distributing DVDs of the play to raise tensions ahead of parliamentary elections next week. The play tells the story of a Christian who converted to Islam, then became disillusioned with the religion.

Does Excommunication Violate Ky. Civil Rights Act?

The Kentucky Commission on Human Rights last month heard a case challenging the Amish practice of excommunication of those who have left the faith. The Associated Press reported yesterday on the case out of Cub Run, Kentucky. Ruth Irene Garrett, who had been excommunicated, was turned away from an Amish thrift store. Store owner Erma Troyer asserted a religious freedom defense. Taking money from the excommunicated comes with a risk of followers themselves being excommunicated, as well as being damned to an eternity in hell. Human Rights Commission staff attorney Emily Riggs Hartlage, who represented Garrett, said the incident was a violation of Kentucky's Civil Rights Act for denial of service in a public place for religious reasons. She said the investigation uncovered other ex-Amish who were denied service at Amish stores. But Troyer's attorney said the complaint essentially seeks to force the shop owner to violate Amish doctrine, which could result in her losing her religion or her store.

Alito's 3rd Circuit Religion Decisions

Here is an UPDATED list of 3rd Circuit opinions on religion issues written by Supreme Court nominee Samuel Alito (along with an overview of each holding from Lexis). (All links are to free non-subscription sources.):

Child Evangelism Fellowship of N.J., Inc. v. Stafford Twp. Sch. Dist., 386 F.3d 514 (October 15, 2004) OVERVIEW: Preliminary injunction properly ordered a school district to treat a child evangelism group like other community groups with regard to distribution of literature; group was likely to succeed on viewpoint discrimination claim under Free Speech Clause.

Blackhawk v. Pennsylvania, 381 F.3d 202 (August 20, 2004) OVERVIEW: Native American's free exercise rights were violated when he was denied a religious exemption from permit fees required because he owned two black bears. The fee regime's provisions were underinclusive and thus not generally applicable.

Fraise v. Terhune, 283 F.3d 506 (March 13, 2002) OVERVIEW: New Jersey prison policy that allowed correctional officials to designate "security threat groups" (STGs) did not violate equal protection in view of greater propensity for violence demonstrated by members of the STG.

Abramson v. William Paterson College, 260 F.3d 265, August 3, 2001, Concurrence by Alito, J. OVERVIEW: In religious discrimination suit, appellate court reversed summary judgment for the employer because the employee established a prima facie case for hostile work environment, religious discrimination, and retaliation.

ACLU-NJ v. Township of Wall, 246 F.3d 258 (April 3, 2001) OVERVIEW: Taxpayer plaintiffs failed to establish standing in their First Amendment holiday display claim where the record established that both the nativity display and the menorah at issue were donated to defendant Township.

Saxe v. State College Area Sch. Dist., 240 F.3d 200 (February 14, 2001) OVERVIEW: Public school district's student-on-student anti-harassment policy was unconstitutionally overbroad because it prohibited non-vulgar, non-sponsored student speech and did not satisfy the Tinker substantial disruption test.

C.H. v. Olivia, 226 F.3d 198 (August 28, 2000), cert. denied June 18, 2001. Dissent by Alito, J. OVERVIEW of majority opinion: Where it was not alleged that the removal of a student's poster occurred as a result of any school policy against the exhibition of religious material, judgment for school officials was remanded to allow plaintiff to amend her complaint.

FOP Newark Lodge No. 12 v. City of Newark, 170 F.3d 359 (March 3, 1999) cert. denied October 4, 1999. OVERVIEW: Police department's policy, which prohibited beards, was found to be in violation of the Free Exercise Clause of the First Amendment because it refused to make exemptions for religious reasons, even though medical exemptions were made.

ACLU NJ v. Schundler, 168 F.3d 92 (February 16, 1999) OVERVIEW: A city's display of predominantly religious symbols in holiday display was unconstitutional under the Establishment Clause; however, addition of secular and cultural symbols diluted the display's message of endorsement of religion.

Edwards v. California Univ. of Pa., 156 F.3d 488 (August 10, 1998). cert. denied February 22, 1999. OVERVIEW: University professor did not have First Amendment right to choose classroom materials and subjects in contravention of university's dictates, and his suspension with pay did not violate procedural due process where he was not deprived of employment.

Alito Will Be SCOTUS Nominee

Reuters and other media report that President Bush will nominate Judge Samuel A. Alito, Jr. (Third Circuit) to fill Justice Sandra Day O'Connor's seat on the U.S. Supreme Court. What are Alito's religion clause views? Among Judge Alito's opinions is Blackhawk v. Pennsylvania, 381 F.3d 202 (Aug. 20, 2004). It gives some clues. In the case, he found a Free Exercise clause violation in the state's refusal to waive a permit fee requirement under the Pa. Game & Wildlife Code for a Native American keeping animals for religious purposes.

Removal of Polygamous Judge Sought

Utah's Judicial Conduct Commission has asked the Utah Supreme Court to remove longtime Hildale Municipal Court Judge Walter Steed from office because he practices polygamy, according to today's Deseret Morning News. Steed married the first wife in a state-recognized civil ceremony in 1965 and married the other two in 1975 and 1985, respectively, in religious ceremonies of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, which encourages plural marriages. The Commission says that Steed's behavior interferes with justice and brings a judicial office into disrepute. Steed argues his marital status is constitutionally protected and does not affect his judicial work. The Utah Supreme Court will hear arguments in the case on Wednesday.

O Centro Case Scheduled For Supreme Court Argument Tomorrow

Tomorrow is the day for oral arguments in the case of Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal. Over the weekend, the Christian Science Monitor summarized the issues at stake, as the court considers the application of the Religious Freedom Restoration Act to the use of controlled substances in religious ceremonies. Here is the Monitor's summary of the case:

The case involves a religious sect of 130 members based in New Mexico. The group, adherents of the Brazil-based religion UDV, believes the use of sacramental tea in its ceremonies helps them connect with God. Consumption of the tea is the central ritual act of their faith.... The problem is that the tea, made from two sacred plants found in the Amazon region of Brazil, contains a hallucinogenic substance banned in the US. When US narcotics agents discovered this, they confiscated the group's supply of the sacramental tea... and barred them from importing any more from Brazil. The group sued, claiming the government was infringing on their religious rights.... A federal judge and federal appeals court agreed... and issued a preliminary injunction against the government. The court ordered the government to accommodate the UDV members by allowing them a religious exemption from the drug laws. The courts ruled that such actions were necessary under RFRA.

An important question will be the scope of the issues the Court actually decides in its ultimate opinion. (See prior posting.) Also, the government's reply brief is now available online. [Thanks to SCOTUS blog for the link.]

Schools Increasingly Avoid Traditional Halloween Rites

Increasingly, public schools are eliminating traditional Halloween celebrations, according to today's Christian Science Monitor. Some Christians object to the celebration's pagan and satanic connections. Some Muslim parents have similar feelings. Church-state separationists object to the holiday's religious roots. Halloween dates back 2,000 years to Celtic traditions. The observance was appropriated in the 600's by the Roman Catholic Church as All Saints Day. Halloween came to America with the Irish, whose traditional harvest rituals involved dressing up and chasing restless "spirits" away as winter's dark nights approached. Replacing traditional school celebrations in some places are the type of activities held in Raleigh, NC's Washington Elementary School. Pumpkins are decorated and teachers dress up, but costumes are allowed only as part of a curriculum-driven literary parade. Teachers avoid using the word Halloween. The principal though wore a shirt with the word "boo!" on it.

Prince Charles Will Urge Bush To Appreciate Islam More

Tomorrow, Britain's Prince Charles leaves for an 8 day tour of the United States. Over the weekend, the London Telegraph reported that an important part of his trip will be his attempt to persuade President George W. Bush, and Americans in general, to end America's confrontational approach to Muslim countries and to be more appreciative of the strengths of Islam. The Prince of Wales, who is about to embark on his first official foreign tour since his marriage to the Duchess of Cornwall, wants Americans to share his fondness for Islam. He has agreed to attend a seminar on religions at Georgetown University on Thursday. The seminar will look at how faith groups can alleviate social problems in their community.

Native American Prisoner's Religious Claims Rejected

The opinion has become available in a case decided several months ago, Runningbird v. Weber,2005 U.S. Dist. LEXIS 25234 (D. SD, June 8, 2005). The South Dakota federal district court rejected a number of claims by an inmate in the state penitentiary that his rights to free exercise of religion were violated. A member of the Native American Church, the prisoner objected to not receiving enough tobacco, which is a part of Native American prayer. He also objected to the confiscation of his ceremonial bag and prayer ties, the lack of a medicine man to help with religious rituals, denial of a Lowampi Ceremony, female guards observing sacred ceremonies, and time limits on performing sweats.

Washington State 10 Commandments Case Appealed

Oregon Live reports that on Oct. 12, an appeal to the U.S. 9th Circuit Court of Appeals was filed in Card v. City of Everett. A Washington state federal district court in the case held that a 10 commandments monument on public property in Everett, Washington may remain there without violating the constitution. (See prior posting.)

New Scholarly Publication

New from SSRN:

Susan Pace Hamill, An Evaluation of Federal Tax Policy Based on Judeo-Christian Ethics, to apear in the Winter 2006 Virginia Tax Review.

Football Coaches Push Prayer

Sunday's New York Times carries an interesting article titled Increasingly, Football's Playbooks Call for Prayer. It traces the increasing importance that coaches at state universities place on spiritual development of their players. For example, for 30 years in pre-season, Florida State football coach Bobby Bowden has taken his players to a church in a white community and a church in a black community in the Tallahassee area in an effort to build camaraderie. He writes to their parents in advance, explaining that the trips are voluntary, and that if they object, their sons can stay home without fear of retaliation. He remembers only one or two players ever in fact not going. On game days, Penn State players may choose between Catholic and Protestant services or not go at all. Coach Joe Paterno and the team say the Lord's Prayer in the locker room after games.

Churches Cooperate Extensively With States In Katrina Disaster Aid

The Associated Press today brings together information on a trend that has been noted already. As the Gulf Coast and surrounding states begin to focus on long-term recovery from Hurricane Katrina, a closer relationship between churches and state and local governments is developing. Churches have become more involved in disaster aid, and are tapping into state funds to reimburse them for those efforts. Counties are beginning to incorporate churches into their disaster relief plans.

Trial Challenging Indiana Legislative Invocations Begins

A trial began in federal district court in Indianapolis, Indiana today on a challenge brought by the Indiana Civil Liberties Union to opening sessions of the Indiana General Assembly with prayer. The South Bend Tribune says today that U.S. District Judge David F. Hamilton has promised a ruling before Nov. 22, when lawmakers return for a one-day session. In the past, legislative sessions have opened with a prayer from an invited member of the clergy or an elected lawmaker. This suit attempts to prohibit these opening prayers or limit them to a nonsectarian form without reference to specific deities or religious beliefs. The plaintiffs say that legislative prayer is too often marked only by Christian references and beliefs.

Ohio Issues Draft School Voucher Program Rules

The Ohio Department of Education yesterday issued Revised Draft Administrative Rules for Ohio's Educational Choice Pilot Scholarship Program. This is how the program, which includes religiously affiliated schools, was described earlier this year by the Cato Institute: "Ohio's bellwether accomplishment is the new Educational Choice Scholarship Program. It offers vouchers to 14,000 children in schools on "academic watch" or in "academic emergency" for three years anywhere in the state. Ohio is not the first to pass a statewide choice program, but Florida's older Opportunity Scholarship Program serves only 753 students and is dogged by court challenges. The ECSP will be the largest program of its kind, and prior litigation should insulate it from legal challenge."

Parent Can Require School Board To Discuss Evolution Alternatives

On Tuesday, a California federal district court opened a new chapter in the evolution-intelligent design debate. In Caldwell v. Roseville Joint Union High School District, 2005 U.S. Dist. LEXIS 24923 (ED Ca, Oct. 25, 2005), the court denied defendant's motion to dismiss a number of plaintiff's constitutional claims. The law suit filed by a parent, Larry Caldwell, challenged the Roseville School District's refusal of plaintiff's request to place on its agenda the discussion of his Quality Science Education Policy ("QSEP"). QSEP presents some of the scientific weaknesses of evolution along with the scientific strengths.

While dismissing some of plaintiff's claims on Eleventh Amendment grounds, the court denied defendants' motion to dismiss his free speech, establishment clause, due process and equal protection claims. The court found that plaintiff sufficiently alleged that defendants restricted his speech in a limited public forum on the basis of it content. Plaintiff's Establishment Clause claim asserted that defendants do not allow Christian citizens to participate in public debates and public policy-making to the same extent as non-Christians. In refusing to dismiss the claim, the court held that plaintiff sufficiently alleged that the primary purpose of the defendant's actions was to disapprove of his actual or perceived religious beliefs.

The full text of the complaint in the suit is available online, as is Caldwell's press release on his victory. Further discussion is in this post from the Center for Science & Culture.

Orthodox Patriarch Sues In Israel's High Court

Asia News reports today that the Greek Orthodox Patriarch of Jerusalem, Theophilus III, has filed suit in Israel's High Court of Justice against the Executive, which according to him is denying him civil recognition. It refuses to issue him a decree (of Ottoman origin) called Berat, that the government claims is necessary for the Patriarch to be able to act on behalf of the Patriarchate in the secular sphere (buy, sell, give orders in respect of bank accounts etc.).

The suit alleges that the Government is making the grant of the Berat conditional upon acceptance by Patriarch Theophilus of certain real estate sales in East Jerusalem made by his deposed predecessor, Irineus I, to Israeli settlers. The sales are believed by the new Patriarch to be invalid, because they were not approved by the Synod and were made for very low prices. The Government has not yet responded to the suit.

Objection To Prayers In Peoria Council Chamber

The Freedom From Religion Foundation is protesting a recent use of Peoria, Illinois City Council Chambers, according to today's Peoria Journal-Star. Peoria's mayor, Jim Ardis, invited a prayer group, the Community Builders Foundation, to use the chambers last month. During the event, dozens of Christians gathered in the council chambers to pray. One by one, they laid hands on the vacated chairs of each council member and asked God to offer guidance to them. Community Builders had previously held prayer services outside City Hall, and even in the building's rotunda. But this was the first time they were invited inside the legislative chamber.

Japan Constitution Draft Would Change Religion Provisions

Today's People's Daily reports that Japan's ruling Liberal Democratic Party has finalized its draft of a new constitution . This is the first amendment to it since it was adopted after World War II. The draft relaxes the ban on the state engaging in religious education or other religious activity. It would prohibit this only when the activity goes beyond the scope of socially accepted protocol or manners, Apparently this is an attempt to legitimize Prime Minister Junichiro Koizumi's recent visits to the war- related Yasukuni Shrine, which have been challenged as unconstitutional. (See prior postings 1, 2 .)

Inmate's Challenge To AA/NA Not Ripe

In United States v. Robinson, 2005 U.S. Dist. LEXIS 24986 (D.Kan., Oct. 25, 2005), a Kansas federal district court dismissed a prisoner's suit claiming that sentencing him to participate in drug/alcohol counseling that may include a twelve-step or an AA/NA program violates the Establishment Clause. He claims AA/NA programs are based on the religious concept of a "higher power". The court found that his claim was not ripe for adjudication since the prisoner has 19 months before his release and this requirement takes effect. At that time he may have non-religious alternatives.

Schools Get Into Disputes In Choosing Textbooks About Religion

Conventional wisdom is that there are no constitutional problems in teaching "about" various religions in the public school curriculum. However, as an article in today's Los Angeles Jewish Journal demonstrates, choosing appropriate textbooks to teach about religion can embroil schools in disputes with religious groups. California is in the final stages of the once-each-7-year adoption process for history and social studies materials for grades K through 8. The process decides which books local school districts can purchase with state funds. One seventh grade book, History Alive! The Medieval World and Beyond, published by the Teachers’ Curriculum Institute, was withdrawn from its trial in Arizona earlier this year after a series of protests from parents who objected to what they saw as distortions of Christianity and Judaism, with an overarching positive spin on Islam. Another book, The Modern Middle East, was analyzed by a team from the San Francisco Jewish Community Relations Council. The report concluded that the materials are studded with “misinformation, manipulation, omissions of key facts, oversimplification of complex issues, historical inaccuracy and lack of context.”

Danforth Decries Influence of Evangelicals In Republican Party

Former U.S. Senator from Missouri, John Danforth, a Republican who is also an Episcopal priest, yesterday strongly criticized the influence of evangelical Christians in the Republican Party, according to the Associated Press. Danforth, who also served as U.S. ambassador to the United Nations, said "I think that the Republican Party fairly recently has been taken over by the Christian conservatives, by the Christian right. I don't think that this is a permanent condition but I think this has happened, and that it's divisive for the country." He said that while people of faith have an obligation to be in politics., "I think the question arises when a political party becomes identified with one particular sectarian position and when religious people believe that they have the one answer, that they understand God's truth and they embody it politically. Nothing is more dangerous than religion in politics and government when it becomes divisive."

Prisoner Loses Claim Over Verbal Harassment and Koran Damage

The opinion of a magistrate judge from earlier this year in Singleton v. Morales, 2005 U.S. Dist. LEXIS 24776 (ED Cal., Aug. 25, 2005) has just become available. The federal district court for the Eastern District of California rejected a prisoner's free exercise claim, finding that verbal harassment of an inmate about his religion and damaging (but not destroying) of his Koran did not place a substantial burden on the prisoner's religious practice.

Church's Free Exercise and RLUIPA Claims Rejected by 10th Circuit

In Grace United Methodist Church v. City of Cheyenne, decided by the U.S. 10th Circuit Court of Appeals on October 25, the court rejected a church's appeal of a ruling that prevented it from constructing a day care center on property it owned. The church had claimed that the refusal to grant it a zoning variance violated its free exercise rights and RLUIPA, as well as its free expression, due process and equal protection rights. The court held that the City's zoning code does not amount to a system of individualized exemptions triggering strict scrutiny under the Free Exercise clause of the 1st Amendment. In determining the church's RLUIPA claim, the jury verdict which the court affirmed had found that Grace United's operation of the proposed daycare center was not a sincerely held religious belief.

Judge To Protect Free Exercise Rights As Part of Sentence

In Auburn, New York, Cayuga County Surrogate Judge Mark Fandrich agreed to take action to make certain that the religious rights a defendant he has sentenced for selling cocaine will be respected. The Auburn Citizen today reported that Judge Fandrich will order that Jimmie Clark, a Rastafarian, be allowed to keep his dreadlocks in state prison if state law in fact guarantees him that right as a matter of freedom of religion.

Dispute Over Religious Images Found In Hawaii

The Honolulu Star Bulletin reported yesterday three West Hawaii cultural and community groups are angry that they were not consulted when a residential and golf development at Kohanaiki, North Kona, found old Hawaiian wooden images in a lava tube cave last month. The three groups are the Kohanaiki Ohana, Pono I Ke Kanawai and Na Keiki Hee Nalu O Hawaii. They are threatening legal action.

More than 20 images, believed to be kii, or carved images of gods, were found. Probably dating from the first half of the 19th century, the objects might be religious images hidden when the old Hawaiian religion was overthrown. Or they might be commercial objects created for sale to foreign sailors, said Hawaiian historian Herb Kane. No human bones were found in the lava tube, said the development's archaeological consultant, Paul Rosendahl. He said, since this is not a burial site and the objects were accidentally discovered, the landowner has legal right to determine how to dispose of the artifacts. The three groups responded, "Gods do not belong to individuals; they belong to the community whose values and practices they represent. They are the cultural and intellectual property of a social group." Rosendahl said the developers are not obliged to turn the images over to any particular group that makes a claim. The developers are working with "those with the strongest genealogical and residential ties."

Miers On Church-State In 1993

Supreme Court nominee Harriet Miers has made available to the Senate Judiciary Committee a number of her speeches from the early 1990's when she was president of the Texas Bar Association. The Washington Post today reports on them. Part of a 1993 speech to Executive Women of Dallas focused on church-state issues. ProLifeBlogs has posted the full text of that speech. Here is part of her remarks:

The law and religion make for interesting mixture but the mixture tends to evoke the strongest of emotions. The underlying theme in most of these cases is the insistence of more self-determination. And the more I think about these issues, the more self-determination makes the most sense. Legislating religion or morality we gave up on a long time ago. Remembering that fact appears to offer the most effective solutions to these problems once the easier cases are disposed of. For example, if a preacher is committing fraud and it can be shown, even if he is a preacher, he should be stopped. But if we just think people are ignorant or stupid for giving their money for a blessing, that is a different matter. No one should not [sic.] be able to oppressively require a student to participate in religious activities against their will, but if a student on his or her own chooses to express him or herself in religious terms, that should not be prohibited. Where science determines the facts, the law can effectively govern. However, when science cannot determine the facts and decisions vary based upon religious belief, then government should not act. I do not mean to make very complex, emotional issues too simplistic. But some of these issued do not need to be as complicated as they have become if people deal with each other with respect and even reverence.

State To Challenge Ruling On Native American Religious Freedom

On September 7, a federal magistrate judge in Fayetteville, Arkansas ruled that a prisoner, Billy Joe Wolfe Jr., a member of the Cherokee tribe, should be allowed the use of a prayer feather in state prison so he can carry out his sincerely held religious belief that the use of feathers is necessary when communicating with the Great Spirit. Presumably the claim was filed under RLUIPA. The judge also said that officials had violated the American Indian Religious Freedom Act. She awarded Wolfe nominal damages of $1 and denied his claim for punitive damages. Yesterday, the Associated Press reported that jail officials are appealing the magistrate's recommendation, which must be approved by the district judge before it becomes final. They believe that a feather could be used either as a weapon or for sexual gratification. The judge said jail officials have legitimate concerns about safety and security but that their response was exaggerated because inmates have already have access to items such as pencils, which also can be used as weapons. Also no effort was made to consider methods such as controlled access to feathers.

House of Lords Votes To Amend Religious Hatred Bill

In Britain on Tuesday, according to the London Telegraph and the Times, the House of Lords voted 260- 111 in favor of an amendment to the Racial and Religious Hatred Bill. (See prior posting.) The amendment would require the prosecution to prove intent before a conviction could be obtained. It would also introduce a general "freedom of expression" defense making it clear that merely exposing a religion to ridicule, insult or abuse would not constitute an offence. Lady Scotland suggested that the Home Office would seek to compromise on the bill. Here is Ekklesia's report opposing the original bill, Rethinking Hate Speech, Blasphemy and Free Expression.

Sudan Closing Christian Schools For Serving Food During Ramadan

Catholic World News today reports that Christians in Sudan are protesting the government's decision to close down Catholic schools for refugees during Ramadan. The Ministry of Education has warned that any school functioning during Ramadan will be fined. The Islamic government explained that the schools were providing students with food, and eating during the day is forbidden during Ramadan. The Catholic educational system that runs 80 schools for refugees is appealing the decision. Many of the refugees they serve are severely malnourished. The Sudan Tribune commented: "It is ridiculous for the government to force non-Muslims to fast and close schools for internally displaced persons on the pretext they were offering food."

Church-State Issues Shaping Up As Important In Next French Election

Reuters today reports that the separation of church and state is shaping up as an issue for France's next presidential election as politicians look for support among France's large Muslim minority. Nicolas Sarkozy, the interior minister who is already planning his campaign for the 2007 election, staked out the issue last week by appointing a commission to study possible changes to the law separating religious and secular matters. President Jacques Chirac and Prime Minister Dominique de Villepin responded over the weekend, reaffirming their support for the 100-year-old law on secularism and announcing that a change "is not on the agenda." Catholic and Jewish leaders oppose any change in the law, and Muslims are divided on the issue. The small Protestant Federation of France is the only long-established religious community calling for a change, mostly because evangelicals face administrative problems trying to build churches.

Trial Begins On Faith-Based Prison Program

The Des Moines, Iowa Register reports that a trial begins today in U.S. District Court in Des Moines raising a Establishment Clause challenge to an Iowa prison treatment program based on Christian-oriented values. The program, the InnerChange Freedom Initiative, was established at the Newton state prison in 1999 by Prison Fellowship Ministries, founded by former Watergate figure Charles Colson. The Iowa Legislature has appropriated $310,000 from the Healthy Iowans Tobacco Trust for a "value-based treatment program" at the Newton prison. Former Virginia Attorney General Mark Earley, president of Prison Fellowship Ministries, said the state money is used for nonreligious purposes, such as vocational and general education programs, and for administrative costs. Private money covers other expenses, he said.

Native American Prisoner Can Proceed On Sweat Lodge Claim

In Prayer Feather Farrow v. Stanley (D NH, Oct. 20, 2005), a New Hampshire prisoner who is a practicing member of the Lakota Sioux Nation and the Native American Sacred Circle claimed eight separate violations of his right to practice his religion: (1) preventing him from possessing tobacco for prayer and ceremonial use; (2) denying him access to medicines and herbs for ceremonial use; (3) prohibiting him from engaging in daily group prayer with other members of the Sacred Circle; (4) failing to supply him with Native American foods on religious holidays; (5) refusing to allow him to wear feathers at all times; (6) barring the various Native American nations represented within the Sacred Circle from meeting as sub-groups; (7) failing to employ a Native American consultant to shape the DOC's religious policies; and (8) denying him access to a sweat lodge for ritual purification.

Plaintiff claimed that prison officials violated RLUIPA, the First Amendment and the Equal Protection Clause of the 14th Amendment. The federal district court granted summary judgment to state prison officials on all but one of the claims. On plaintiff's claim that he has been denied access to a sweat lodge for ritual purification, the court denied the state's motion for summary judgment and permitted the claim to move to trial. The court held, however, that defendants are entitled to qualified immunity on plaintiff's claim for monetary damages.

Newly Available Publications

The table of contents of the Summer 2005 issue of the Journal of Church and State is now available online. The issue's editorial and country notes are also available in full text online. The issue appeared in hard copy in late August.

Walter J. Walsh, The Priest-Penitent Privilege: An Hibernocentric Essay In Post Colonial Jurisprudence, 80 Indiana Law Jour. 1037-1089 (2005). [Thanks to SmartCILP].

Dispute Over Display of Crucifix In Italian Courtroom

In northern Italy, in the town of Carmerino, a judge is refusing to hold court until there are some concession on church-state issues. The Australian reports today that Judge Luigi Tosti objects to the crucifix hanging in his courtroom. While Tosti was baptized as a Catholic, he objects to favoring one religion. He either wants the crucifix taken down, or a Jewish candelabrum displayed alongside it. Judge Tosti says: "In public offices, the cross is the only theological symbol on display. That's like saying white people can come in and the blacks stay outside. It's a form of religious discrimination."

The same kind of issue has arisen elsewhere in Italy. In 2003, Muslim activist Adel Smith tried to get a crucifix removed from his son's classroom. An appeals judge ruled that the cross could stay, as a symbol of Italy's cultural heritage and values. Subsequently Smith engaged in self-help. When nurses treating his mother in a public hospital refused to take down the crucifix above her bed, he tossed it out the window.

UPDATE: On Nov. 18, Judge Tosti was convicted of failing to carry out his official duties and was sentenced to seven months in jail, according to the Associated Press. An appeal is planned.

Intelligent Design Proponents Present Effective Witnesses

The Washington Post carried an interesting article on Friday on the progress of the trial in Kitzmiller v. Dover Area School District-- the case involving the propriety of teaching about Intelligent Design. (See prior posting.) The article, by Post reporter Michael Powell, was titled "No Easy Victory Ensues In Legal Battle Over Evolution". In it, Powell says: "[B]ringing a legal case against intelligent design is a tricky business. The small band of scientists who publicly support intelligent design are able debaters, and, as became clear when [biochemistry professor Michael J.] Behe took the stand, they do not sound remotely like William Jennings Bryan, the lawyer who eight decades ago in Tennessee invoked biblical authority to decry evolution."

Editor Sentenced For Blasphemy In Afghanistan

Reuters reports today that an Afghan court has sentenced the editor of a women's magazine to two years imprisonment for writing a blasphemous article against Islam. In his article, Mohaqiq Nasab questioned the need for harsh Islamic punishment for apostates, thieves and others. Under Islamic law, blasphemy is punishable by death. Nasab can appeal the sentence.

Teheran Paper Decries Christian Missionaries

The Islamic Republic News Agency reports on an editorial in Sunday's Teheran Times that decries the activities of Christian missionaries throughout the Islamic world. The editorial contended that Fundamentalist evangelists are backed in the United States by many politicians and millions of dollars of donations. It said that the main reason of providing help for the needy in Muslim areas "is not to give humanitarian assistance but to gain sympathy and trust, which are needed for missionary activities." In many Muslim countries there are no specific laws that prohibit Christians from conducting missionary activities. The paper said such activities, however, are forbidden by the shariah (Islamic law).

Religion and Zoning In Rockland County, NY

The New York Times today focuses on Ramapo, New York in Rockland County. There is rising tension between Orthodox Jews in the community and other groups. At the center of current tensions are a rezoning plan for an area called Patrick Farms which will allow homes to be built on one acre instead of two. But this is part of a larger battle against ultra-Orthodox Jews and politically connected developers connected to them. Other groups claim they have a disproportionate influence in government. These residents point to neighboring Hassidic Jewish towns such as New Square, and fear that this is what will become of Ramapo. But Marlaine Paone, a leader of an effort to form a village called Ladentown to better control growth in Ramapo, says: "It's about development, about the environment, it's not about religion. I'm Jewish. Two-thirds of my organization is Jewish."

Indiana School Attempts To Accommodate Muslim Children

At last week's Porter Township, Indiana school board meeting, a number of parents raised objections to the way in which Porter Lakes Elementary School is attempting to deal with the enrollment for the first time of two Muslim children. The NWI Times today reports that the school set aside a room in which the Muslim children could pray, rather than forcing them to go to a corner of the cafeteria where other students might laugh at them or humiliate them. Some parents argued that this was unjustified favoritism. However, David Emmert, general counsel for the Indiana School Board Association, said that this kind of religious accommodation is required by law. The school also held a mini-assembly for the second and third grade about Muslim culture. The school defends this under it curriculum standards that call for discussion of different cultural traditions. Some parents objected that this amounted to teaching of religion because Islam was discussed as being intertwined with Muslim cultural traditions.

Some Jewish Groups Oppose DHS Funding for "Hardening" Terror Targets

UPI yesterday reported that the Union for Reform Judaism has Establishment Clause concerns over a plan by the Department of Homeland Security to provide funds for New York area non-profits (including religious institutions) that are high-risk terrorist targets to "harden" their defenses. The plan will provide up to $75,000 for each institution, including synagogues and Jewish day schools, to build such things as concrete barriers and blast-resistant windows. A total of $7.3 million will be provided to 100 non-profit group. Other Jewish leaders, however, do not oppose the funding, which is equally available to non-religious non-profit institutions.

Repeal of British Blasphemy Laws Urged

Ekklesia yesterday reported that the former Archbishop of Canterbury, Dr George Carey, has said that the UK’s blasphemy laws – which protect only Christians – are redundant and should go. Ekklesia, a UK Christian think tank agrees, and the Church of England is unlikely to oppose the proposal if other protections are in place. Ekklesia says that granting special privileges to Christianity does not help it, and restricts the free flow of argument needed on religious issues. Originally, the government had proposed an end to the blasphemy laws as part of its proposal to enact Britain's controversial Racial and Religious Hatred bill which is now also before the House of Lords. (See prior posting.) Subsequently, the government changed its mind. The proposal to repeal the blasphemy laws is being introduced in the House of Lords by Lord Avebury, a respected and long-standing campaigner for human rights, refugees and freedom of speech.

Federal Legislation Introduced To Aid Schools Educating Storm Victims

The Associated Press reported that on Thursday, Senate education leaders proposed a bi-partisan hurricane relief package containing compromise provisions on aid to parochial schools that take in storm victims. It would allow both public and private schools to seek reimbursement of up to $6,000 for each displaced student they serve, or $7,500 for each student with disabilities. The federal money would flow through public school districts, which would then be charged with making payments to the eligible private schools.

The bill would ban public money from being spent for "religious instruction, proselytization or worship." However, critics of school voucher programs said they favored a model in which public school districts purchase services from private schools but retain oversight over the money. Rev. Barry Lynn, executive director of Americans United for the Separation of Church and State said, "I don't see the difference between this program and a voucher program. This gives millions of dollars in virtually unrestricted cash grants to religious schools."

In the House of Representatives this week, leaders introduced a bill that was much closer to a pure voucher system. It would create accounts for parents of children affected by the hurricane, worth up to $6,700 per student that could be used to attend a public or private school for one year.

9th Circuit Arguments On Islam Role-Playing In Schools

The New York Sun reported yesterday on arguments in the U.S. Ninth Circuit Court of Appeals on Wednesday. Two Christian families from Contra Costa County, California appealed from a 2003 decision. They had charged Byron, California school officials with violating the First Amendment's Establishment Clause. In order to acquaint seventh graders with Islam, Excelsior Elementary School had students role play. They were to wear Islamic dress, recite phrases from the Koran, and mimic the fasting associated with the observance of Ramadan. They also engaged in a "race to Mecca". An attorney for the families, Edward White III, told the Court that during the eight-week unit on Islam, religious teachings were described as "facts" and students were instructed to wear name tags that included the religion's star-and-crescent imagery. "All of these actions are crossing the line," said Mr. White, a lawyer with a Michigan-based Thomas More Law Center.

Fired Teacher Claims Religious Discrimination

The Deseret News yesterday reported on the ongoing Utah jury trial in which South Sevier High School teacher Erin Jensen claims that her termination as a "provisional" teacher and the school's refusal to re-hire her resulted from discrimination against her on the basis of gender and religion. Rumors were circulating labeling Jensen, who is not a practicing member of the dominant LDS Church, a "witch" and a "coffee drinker". Parents of some of her students complained to the school's principal about Jensen "giving ideas" to students. They said she discussed "different belief systems" and that at one point she swore in class. Jensen's attorneys have pointed to school board meeting minutes that contain comments from parents that Jensen practices witchcraft, chooses Halloween as her favorite holiday and "prefers the dark side." Later, those minutes were changed to delete those comments.

Ohio Amish Campaign For Votes Against Zoning Restrictions

In Geauga County, Ohio, the Amish community has taken an unusual step into the political arena. Normally their religious beliefs require them to keep their distance from outsiders. The Associated Press reported yesterday however that the Amish say a Huntsburg Township ordinance restricting the size of home-based businesses prevents them from opening woodworking shops. These shops allow them to continue to work alongside their children, one of the tenets of the Amish lifestyle. Unwilling to pursue their objections through the courts, three Amish men successfully circulated a petition to put the zoning issue on the ballot. Now they are campaigning to urge voters to vote to eliminate the restrictions in the November 8 election.

Egyptian Scholars Warn Against Changes To Constitution

Egypt's Constitution (Art. 2) provides "Islam is the official religion of Egypt and Islamic Shari'ah is a main source of legislation." Islam Online yesterday reported that a number of secular, leftist and Coptic thinkers have argued that this provision should be eliminated. In response, 110 Egyptian scholars and thinkers have signed a statement warning that "Such calls put at stake social peace in Egypt". The statement argues that "a foray of groundless criticism of Islam and Islamic Shari'ah is taking place, under foreign interference...."