Initial Hearing In Italy On Charges of False Assertions About Jesus

In Viterbo, Italy, according to the AP, a hearing was held on Friday to determine whether a parish priest should stand trial on alleged violations of two Italian laws-- "abuse of popular belief" and "impersonation". (See prior posting.) The widely noted case involves an atheist, Luigi Cascioli, who filed a criminal complaint accusing parish priest Enrico Righi, accusing him of deceiving people with the fable that Christ existed. Lawyers for Righi and Cascioli made their arguments in a brief closed hearing before Judge Gaetano Mautone. Righi's attorney, Severo Bruno, told reporters that his client is innocent because "he said and wrote what he has the duty to say and write." He told the judge that Righi was not asserting a historical fact when he wrote of Jesus' existence, but rather "an expression of theological principles." "When Don Righi spoke about Christ's humanity ... he was affirming that he needs to be considered as a man. What his name is, where he comes from or who his parents are is secondary," he said.

New Law and Religion Scholarship

The Journal of Law and Religion (Hamline Law School), Vol XX, No.2, has recently appeared. The table of contents is available online.

From Bepress:
Rishi S. Bagga, Living by the Sword: The Free Exercise of Religion and the Sikh Struggle for the Right to Carry a Kirpan, (Jan. 2006).

Today Is International Holocaust Remembrance Day

Today is the first annual International Holocaust Remembrance Day honoring victims of the Holocaust. Last November, the United Nations General Assembly adopted Resolution 60/7, designating January 27 as the date for this remembrance. The resolution was introduced by Israel and co-sponsored by 90 other nations. However, the resolution nowhere mentions Jews as the unique victims of the Holocaust. The resolution's text rejects Holocaust denial and urges member states to develop Holocaust education programs. According to a U.N. press release, January 27 was chosen because it is the anniversary of the liberation of the Auschwitz death camp. The US Holocaust Memorial Museum website covers relevant activities from around the world.

January 27 competes with three other commemoration dates. The most widely recognized date until now has been Yom Hashoah-- the 27th of Nisan on the Hebrew calendar. This date was set by the Israeli Knesset in 1951. Here is an account by Jennifer Rosenberg on how that date was chosen:

The Zionists in Israel, many of whom had fought in the ghettos or as partisans, wanted to commemorate the beginning of the Warsaw Ghetto uprising - April 19, 1943. But this date on the Hebrew calendar is the 15th of Nissan - the beginning of Passover, a very important and happy holiday. Orthodox Jews objected to this date.
For two years, the date was debated. Finally, in 1950, compromises and bargaining began. The 27th of Nissan was chosen, which falls beyond Passover but within the time span of the Warsaw Ghetto uprising. Orthodox Jews still did not like this date because it was a day of mourning within the traditionally happy month of Nissan. As a final effort to compromise, it was decided that if the 27th of Nissan would affect Shabbat (fall on Friday or Saturday), then it would be moved to the following Sunday.

On April 12, 1951, the Knesset (Israel's parliament) proclaimed Yom Hashoah U'Mered HaGetaot (Holocaust and Ghetto Revolt Remembrance Day) to be the 27th of Nissan. The name later became known as Yom Hashoah Ve Hagevurah (Devastation and Heroism Day) and even later simplified to Yom Hashoah.

Some Jews choose one of two other dates, as described by Rabbi David Golinkin:

The Orthodox Rabbinate of Israel attempted to promote the Tenth of Tevet -- a traditional fast day commemorating the beginning of the siege of Jerusalem in ancient times -- as the "General Kaddish Day" in which Jews should recite the memorial prayer and light candles in memory of those who perished in the Holocaust. Several ultra-Orthodox rabbis have recommended adding piyyutim (religious poems) that were written by contemporary rabbis to the liturgy of the Ninth of Av, and many communities follow this custom. Ismar Schorsch, the chancellor of the Conservative movement's Jewish Theological Seminary, has also suggested moving Holocaust commemorations to Tisha b'Av, because that is the day in which Judaism ritualizes its most horrible destructions.

Charities Protest Provision In Pending Tax Relief Bill

On January 20, a group of over 60 charitable organizations, including many religious groups, signed a letter addressed to the House Ways & Means and Senate Finance Committees opposing a provision in S. 2020, the Tax Relief Act of 2005. The bill, as passed by the Senate, will now go to Conference with the House. While the bill creates a number of incentives to charitable giving, including a charitable deduction for non-itemizers, it has one provision that could discourage giving. The new law would permit charitable deductions (even by itemizers) only for contributions exceeding $210 per year ($420 for joint filers). The organizations protested that "The withholding of a deduction implies that a smaller gift is not substantial, not a sacrifice worthy of recognition. But for many donors and charities, smaller gifts are extremely significant." The full text of the letter is available online, and a report on it appears in the January 25 BNA Daily Tax Reporter (subscription required). [Thanks to Steven H. Sholk for the information.]

Mass. Gov. Romney Discusses His Religion and 2008 Presidential Chances

Yesterday, Massachusetts Governor Mitt Romney, a possible Republican candidate for President in 2008, discussed with reporters the impact of his Mormon faith on his political chances. The Knight Ridder Newspapers quote Romney as saying that his Mormon faith would not matter to most voters, though polls show that between 11% and 17% would not vote for a Mormon. Romney said that he is likely to have support from most evangelical Christians, since they are primarily looking for a person of faith to vote for. Romney also discussed his views on a number of issues, including abortion.

Saudi Officials Seek Clerical Permission For Changes In Hajj To Promote Safety

Saudi Arabian authorities are seeking ways to prevent further deaths and injuries like those caused by a stampede during the recent hajj pilgrimage, according to Wednesday's Washington Examiner. Interior Minister Prince Nayef bin Abdul-Aziz asked Muslim clerics to find religious dispensations that would give pilgrims more time to perform the hajj stoning ritual, currently lasting three days from noon until sunset. A solution that would prevent situations like that which caused 363 deaths this year would be to permit the ritual to be performed throughout the day, instead of just during the 5 1/2 hours between noon and sunset. Some members of the Saudi council of top clerics have approved extending the hours of the stoning ritual, but its head, grand mufti Abdul-Aziz al-Sheik, says that alternative violates Islamic law.

British University Bars Christian Group For Discrimination

Wednesday's Birmingham Post reports on a dispute in Britain that is reminiscent of recent battles on a number of U.S. campuses. (See prior postings 1, 2 .) Birmingham University's Student Guild has frozen the assets of the Evangelical Christian Union, and prohibited it from using university facilities for meetings, because the student group refuses to admit non-Christians to membership. The Student Union Guild has demanded that the Christian group amend its constitution to allow people of all faiths to become members and sit on its leadership body. The Guild also objects to the fact that the group's constitution uses the words "men" and "women" instead of "persons", claiming it discriminates against transsexuals. Pod Bhogal, communications director for Universities and Colleges Christian Fellowship, said: "In all our years of working with hundreds of higher education establishments, this action by Birmingham's guild is unique." (Press release.) The Student Guild, however, said it was merely enforcing the 1994 Education Act that prohibits discrimination by student groups.

Justice Breyer Discusses Establishment Clause

Yesterday's Washington Jewish Week carries an interesting report on a dialogue with U.S. Supreme Court Justice Stephen Breyer held last Sunday at Kesher Israel Congregation, a synagogue in the District of Columbia. Breyer said the Establishment Clause was designed not as an "absolute separation" of church and state, but as a way to "minimize social conflict based on religion." He traced the language of the Establishment Clause to "the wars of religion" between Catholics and Protestants in 17th-century Europe. He pointed out that the clause's interpretation has evolved in the 20th century, as the country has changed and immigrants introduced dozens of new religions. "The Founders did engage in a lot of activities that would be forbidden today under ... current interpretations of the Establishment Clause", he said, because they lived in a generally homogeneouss nation. While the court's view of the Establishment Clause has changed, Breyer believes it has still stayed true to the original values that the Founders intended.

When confronted with a question about Jewish law, Breyer said that he didn't know that much about it, quipping that he was "bar mitzvahed in a Reform congregation." He added, however, that he believes the profession of law is squarely in the Jewish tradition of social justice.

Newly Elected Canadian Prime Minister Acknowledges God In Victory Speech

Newly-elected Conservative Canadian Prime Minister Stephen Harper broke with tradition of the past 12 years and ended his election night victory speech by saying "God Bless Canada". Yesterday's LifeSite News reports that Bishop Frederick Henry of the Calgary , Alberta Diocese praised Harper's new willingness to recognize religion in the public sphere.

Jewish Chaplain In Dispute With AG Over Defense In Prisoner Suit

Ynetnews yesterday reported on an interesting dispute between a Jewish prison chaplain and Washington state's Attorney General. The Attorney General's office has refused to defend Jewish prison chaplain Gary Friedman on the terms Friedman demands in a recent lawsuit filed against him by a state prisoner. Friedman takes the position that a prisoner should not be entitled to receive kosher food if the prisoner is not Jewish under the standards of Jewish law (halacha). However, courts have generally not required a formal conversion before recognizing religious claims by a prisoner. Chaplain Friedman, who has been sued before, says that in the past when the state has provided him legal defense, they have been too willing to settle out of court and have ignored his claims that Jewish law should be factored into the defense arguments. The most recent suit is by James Shilling, a prisoner who requested, but did not receive, kosher food. Chaplain Friedman has refused to give the Attorney General's office authority to make litigation decisions for him that involve religious law or practices, and has instead hired outside lawyers to represent him in the lawsuit. Jewish Prisoner Service International is raising funds to cover Friedman's legal bills.

A New 10 Commandments Display Approved By Indiana City

The Anderson, Indiana City Council has voted unanimously in favor of allowing Lone Oak Wesleyan Church to begin raising $12,000 for a granite monument of the Ten Commandments that will be placed on the front lawn of the city building. Yesterday's Fort Wayne News-Sentinel, in reporting on the development, quoted one church member as saying that the Ten Commandments monument "has nothing to do with religion". He insisted that the Ten Commandments were the basis of modern law, and said that the church would pay legal fees if the city were sued over the display. In something of an understatement, Ken Falk, an attorney for the ACLU of Indiana said that the "display is problematic".

New Hampshire Bill Proposes Disclosure of Abuse Disclosed In Confessions

In New Hampshire, proposed HB 1127 would make it clear that clergy are not exempt from requirements of the Child Protection Act that requires reporting of suspected child abuse or neglect to law enforcement officials. The Keene New Hampshire Sentinel yesterday reported that for the second time in three years a bill has been introduced into the legislature in order to make clear that the reporting requirement applies even to information learned by clergy in confession or in giving similar spiritual advice. Diane Quinlan, chancellor of the Catholic Diocese of Manchester spoke out in opposition to the bill, saying that allowing a "limited exception" for sacramental confession is crucial to the free practice of Catholicism.

Massachusetts House Votes Down Financial Reporting Bill

According to the Boston Globe, the Massachusetts House of Representatives yesterday defeated controversial legislation that would have required religious organizations to file annual financial reports with the state. Even though the bill had been approved by the Senate, the House vote against the proposal was 147-3. Opposition to the bill had grown in recent weeks. Not only the Catholic church, but many other religious organizations had come out in opposition to the measure. (See prior postings 1, 2, 3, 4). [Thanks to Blog From the Capital for the information.]

Lobbying On Portrayal Of Religions In Textbooks

Today's Wall Street Journal carries a long front page article titled New Battleground In Textbook Wars: Religion in History (subscription required). It focuses particularly on efforts by Hindu groups to influence the portrayal of Hinduism in school textbooks used in California. (Religion Clause reported on this a week ago.) The Wall Street Journal article also discusses efforts by Islamic and Jewish groups to monitor the portrayal of their religions in school texts.

Anti-Evolution Legislation Pending In Five States

Legislation that has been introduced and is pending in the legislatures of at least five states would permit the teaching of intelligent design or encourage critical analysis of evolutionary theory. Here are the bills and their current status:

• Mississippi-- H.B. 953 (in Committee) and S.B. 2427 (in Committee)
• New York-- A.B. 8036 (in Committee)
• Oklahoma-- H.B. 2107 (Introduced) and H.B. 2526 (Introduced)
• Pennsylvania-- H.B. 1007 (in Committee)
• Utah-- S.B. 96 (passed Senate)

Blog From the Capital has more on the Utah bill.

Pope's Encyclical On Church's Relation To Government In Achieving Just Society

Zenit News Agency today has published an English translation of Pope Benedict XVI's first Encyclical, Deus Caritas Est ("God Is Love"). In it, the Pope includes the following discussion of the relationship of the Church's charitable activities to civil government:

The Church's social teaching argues on the basis of reason and natural law, namely, on the basis of what is in accord with the nature of every human being. It recognizes that it is not the Church's responsibility to make this teaching prevail in political life. Rather, the Church wishes to help form consciences in political life and to stimulate greater insight into the authentic requirements of justice as well as greater readiness to act accordingly, even when this might involve conflict with situations of personal interest. Building a just social and civil order, wherein each person receives what is his or her due, is an essential task which every generation must take up anew. As a political task, this cannot be the Church's immediate responsibility. Yet, since it is also a most important human responsibility, the Church is duty-bound to offer, through the purification of reason and through ethical formation, her own specific contribution towards understanding the requirements of justice and achieving them politically.

The Church cannot and must not take upon herself the political battle to bring about the most just society possible. She cannot and must not replace the State. Yet at the same time she cannot and must not remain on the sidelines in the fight for justice. She has to play her part through rational argument and she has to reawaken the spiritual energy without which justice, which always demands sacrifice, cannot prevail and prosper. A just society must be the achievement of politics, not of the Church. Yet the promotion of justice through efforts to bring about openness of mind and will to the demands of the common good is something which concerns the Church deeply.

8th Circuit Remands Prisoner's Establishment Clause Claim

In Munson v. Norris, (Jan. 24, 2006), the U.S. 8th Circuit Court of Appeals has remanded an Arkansas prisoner's Establishment Clause claim to the district court for examination of the prisoner's objection to participation in a sex-offender class that was imposed as a condition of parole. James Munson objected to the requirement that he recite a serenity prayer at class meetings. Munson claimed his religious beliefs only permitted him to say "God" at night. The court held that the district court had incorrectly viewed the assertion as only a free exercise claim. Arkansas News Bureau has reported on the decision.

Illegal Christian Evangelism In Morocco

Yesterday's Morocco Times reports that police in Marrakech have recently seized documents which confirm the existence of a secret evangelical group that has been trying to convert many Moroccans to Christianity. The Moroccan Constitution protects freedom of religion; however proselytizing is also forbidden. Article 220 of the Moroccan Penal Code applies the same potential punishment of a fine and up to 6 months in prison for any attempt to interfere with a person's exercise religious beliefs or attendance at religious services , and to "anyone who employs incitements to shake the faith of a Muslim or to convert him to another religion." The documents, seized in an apartment of a foreign missionary who suddenly disappeared, also revealed the existence of secret spiritual schools to teach Moroccans the concepts of Christianity. Moroccan newspapers carry wildly varying reports on the number of Christians in the country, as well as on the number of missionaries and converts.

Jurors May Be Excluded For Religious Objection To Death Penalty

In State v. Fry, (Dec. 8, 2005), the New Mexico Supreme Court held that in a capital case jurors who express religious opposition to the death penalty may be excluded without violating the state's constitutional provision (Art. VII, Sec. 3) prohibiting excluding citizens from a jury on the basis of religion. The court also held that defendant cannot insist that such individuals be placed on the jury for the determination of guilt and then replaced in the sentencing phase of the trial.

Zoning Enforcement Found Discriminatory and Vague

Today's Orlando, Florida Sentinel reports that a Florida federal district court has ruled in favor of Rabbi Joseph Konikov in the latest installment in four years of litigation over the rabbi using his home for twice-weekly religious services. Neighbors had complained to zoning officials about traffic and parking problems. In a case that has been up to the 11th Circuit and back, Orange County officials had imposed fines that now totaled $50,000. Judge John Antoon II said that the county had discriminated against religious groups because another group such as the Cub Scouts or a gathering of friends to watch sports would not violate the county's code. He also held that the code was vague because it lacks enforcement standards.

Malaysian Religious Authorities Focus on Music, Botox

Malaysian authorities are once more looking at adopting principles of Islamic law as part of the civil code of variious states. Reuters India reports today that Malaysia's National Fatwa Council has condemned Black Metal music, a rock variant dominated by occult imagery, in a fatwa calling for Malaysian states to ban it because it leads to devil worship, free sex and drinking of liquor.

In a separate development the Council is studying whether the key biological agent in botox treatments, known as Botulinum Toxin Type A, meets the Muslim requirement for food considered to be "halal", or permitted for human consumption. The panel is concerned as the use of botox has expanded from medical to cosmetic purposes.

South Carolina Debates Teaching of Evolution

South Carolina joins the list of states debating whether to teach theories on the origin of life other than evolution in the public schools. According to The State (Columbia, SC), a 4-person panel of the state's Education Oversight Committee held hearings Monday on the issue, but decided to take no action at the present time. According to a Charlotte Observer AP report, at issue is whether guidelines should call for students to "critically analyze" evolution. Instead of deciding, the EOC panel agreed to work with the state Department of Education before the full EOC meets on Feb. 13 to find a compromise that would direct teachers to analyze evolution only using scientific testing methods.

This follows a series of events in which the EOC originally voted 8-7 to strike old wording that limited schools to teaching evolution; the state Board of Education voted to overrule that decision; but the state attorney general ruled that the Board of Education overstepped its authority in reinstituting the old guidelines because the new standards were in dispute. The state Education Department writes education standards; the EOC recommends approval or rejection of the standards but may not revise or rewrite them.

Recently Published In Law Reviews

From SmartCILP:

Jill Goldenziel, Blaine's Name In Vain?: State Constitutions, School Choice, and Charitable Choice, 83 Denver Univ. Law Rev. 57-99 (2005).

Noah Feldman, Third Annual Henry Lecture: The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics; also Replies by Randall T. Coyne, Harry F. Tepker and Joseph T. Thai, 58 Oklahoma Law Rev. 1-57 (2005).

Israeli Party Supports Religion-State Separation

In a surprise announcement, the right wing Israeli political party, Yisrael Beiteinu, has come out in favor of separation of religion and state, including public transportation on the Sabbath. Haaretz yesterday reported that the move is an attempt to attract voters in the upcoming Knesset election from the recently-collapsed Shinui party.

Paper Discusses Prison Program InnerChange

Today's Boston Globe carries a long story on the faith-based InnerChange Freedom Initiative, an offshoot of the Prison Fellowship movement launched by Charles Colson, which has been adopted by 4 state prison systems, and will shortly expand to 2 more. Final arguments are scheduled on Feb. 17 in a case in Iowa in a challenge to the program that was filed by Americans United for Separation of Church and State.

Decision Available In Boston Case On Standing To Challenge Sale of Land

Two months ago I reported that in Boston, a Suffolk Superior Court judge denied defendants' motion to dismiss a lawsuit charging the city of Boston with violating state and federal limits on the separation of church and state in selling land to the Islamic Society of Boston for a mosque in Roxbury. The full opinion in the standing case is finally available on LEXIS. The case is Policastro v. City of Boston, 2005 Mass. Super. LEXIS 579 (Nov. 8, 2005).

Concerns That Hamas Success In Palestinian Elections Will Bring Sharia Restrictions

In the Palestinian Authority as Hamas appears to be gaining strength in Wednesday's Parliamentary elections, Palestinian women fear that Hamas will press for the imposition of Islamic family law and dress codes. The Middle East Times reports today from Gaza City that women like Naila Ayesh, director of the Women's Affairs Center fear that a Hamas-dominated Parliament will permit polygamy and permit discrimination against women in divorce and custody proceedings. Others, like male hairdresser Hossam Abu Mohammed fear that males working for women will be banned. Five years ago, Hamas supporters burned down Gaza's movie theater, furious that it was too frivolous and was incompatible with Islamic mores.

Virginia Legislation To Protect Against False Halal Labeling Introduced

In Virginia, state representative Kenneth C. Alexander has proposed a law making it a misdemeanor to fraudulently label products as halal if they do not in fact comply with Islamic religious law. Yesterday, the Virginian-Pilot reported that HB 153 would extend to halal food products the same restrictions against false advertising that Virginia now applies to kosher food. An identical bill, SB 349, has been introduced into the Virginia Senate. Another bill, SB 354, would require proper labeling of both kosher and halal foods in stores and restaurants. Barry W. Lynn, executive director of Americans United For Separation of Church and State said that Jewish and Muslim organizations should enforce their own dietary laws, and the state should not be empowered to enforce compliance with religious law.

Proposed Slovak-Vatican Treaty On Conscientious Objection

Mirror of Justice yesterday called attention to a proposed treaty between the Vatican and the Slovak Republic protecting Catholic conscientious objectors in Slovakia, especially Catholic medical and health care workers. In December, the European Union's Committee of Independent Experts on Fundamental Rights issued a report on the potential conflict of the draft treaty with various European human rights documents protecting women's right to reproductive health, contraception and abortion services. The Report also looks at other human rights implications of the draft treaty.

Roe v. Wade's Anniversary-- And What Blackmun Said About Religion

Today is the 33rd anniversary of the Supreme Court case that has been the catalyst for much of the involvement of the religious right in political action in the United States-- Roe v. Wade. Yesterday's San Jose, California Mercury News reported on some of the demonstrations in California on both sides of the abortion rights issue. Today's New York Times Magazine carries an article by Eyal Press, My Father's Abortion War, adapted from his upcoming book, "Absolute Convictions: My Father, a City and the Conflict That Divided America".

In this context, it might be useful to look again at language from Justice Blackmun's original Roe v. Wade opinion, 410 US 113 (1973). Today, what he had to say about the view of religion toward abortion is often forgotten:

The absence of a common-law crime for pre-quickening abortion appears to have developed from a confluence of earlier philosophical, theological, and civil and canon law concepts of when life begins. These disciplines variously approached the question in terms of the point at which the embryo or fetus became "formed" or recognizably human, or in terms of when a "person" came into being, that is, infused with a "soul" or "animated." A loose consensus evolved in early English law that these events occurred at some point between conception and live birth. This was "mediate animation." Although Christian theology and the canon law came to fix the point of animation at 40 days for a male and 80 days for a female, a view that persisted until the 19th century, there was otherwise little agreement about the precise time of formation or animation. There was agreement, however, that prior to this point the fetus was to be regarded as part of the mother, and its destruction, therefore, was not homicide. Due to continued uncertainty about the precise time when animation occurred, to the lack of any empirical basis for the 40-80-day view, and perhaps to Aquinas' definition of movement as one of the two first principles of life, Bracton focused upon quickening as the critical point. The significance of quickening was echoed by later common-law scholars and found its way into the received common law in this country. ...

Texas urges that, apart from the Fourteenth Amendment, life begins at conception and is present throughout pregnancy, and that, therefore, the State has a compelling interest in protecting that life from and after conception. We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer.

It should be sufficient to note briefly the wide divergence of thinking on this most sensitive and difficult question. There has always been strong support for the view that life does not begin until live birth. This was the belief of the Stoics. It appears to be the predominant, though not the unanimous, attitude of the Jewish faith. It may be taken to represent also the position of a large segment of the Protestant community, insofar as that can be ascertained.... As we have noted, the common law found greater significance in quickening. Physicians and their scientific colleagues have regarded that event with less interest and have tended to focus either upon conception, upon live birth, or upon the interim point at which the fetus becomes "viable," that is, potentially able to live outside the mother's womb, albeit with artificial aid.... The Aristotelian theory of "mediate animation," that held sway throughout the Middle Ages and the Renaissance in Europe, continued to be official Roman Catholic dogma until the 19th century, despite opposition to this "ensoulment" theory from those in the Church who would recognize the existence of life from the moment of conception. The latter is now, of course, the official belief of the Catholic Church. As one brief amicus discloses, this is a view strongly held by many non-Catholics as well, and by many physicians. Substantial problems for precise definition of this view are posed, however, by new embryological data that purport to indicate that conception is a "process" over time, rather than an event, and by new medical techniques such as menstrual extraction, the "morning-after" pill, implantation of embryos, artificial insemination, and even artificial wombs.

Suit In Lebanon Charges Violations of Civil Law In Issuance of Fatwa

In Beriut, Lebanon, the Daily Star reported on a lawsuit that was filed last Thursday by eight intellectuals, human rights activists and legislators representing all religious denominations of Lebanon against the Shiite scholar and leader Sheik Afif Naboulsi. In December, Naboulsi purported to issue a fatwa prohibiting Shiite politicians from replacing current Amal and Hizbullah representatives in the Lebanese government with Shiites, saying that foreign forces are behind the attempt. The suit charged Naboulsi with "identity theft, threatening and terrorizing in an attempt to obstruct the practice of civil rights, instigating sectarian differences and portraying political disputes as disputes between religions and sects." It says that Naboulsi was not a member of the Shiite's religious committee and so could not issue a fatwa. In a statement released on Saturday, the Canadian-Lebanese Human Rights Federation supported the lawsuit.

Evangelicals Are Recently Also Social Activists

Today's Atlanta Journal Constitution has published an article titled This Isn't Your Father's Moral Majority. It argues that conservative evangelicals are re-evaluating what it means to be a Christian. Their new concern about social activism has the potential to fundamentally reorder the federal government's priorities as well as trigger shifts in the Republican and Democratic parties. As examples, the article points to Alabama Gov. Bob Riley's failed attempt to raise taxes on the wealthy and reduce them on the poor; to support among the religious right in South Carolina for more state money for poor rural public schools; and to the arrest in Washington last month of more than 100 evangelical Christians who were protesting the plans of President Bush and the Republican Congress to cut spending on anti-poverty programs like food stamps.

Student Athlete Permitted To Refuse Vaccination On Religious Grounds

In Hadley v. Rush Henrietta Central School District, 2006 U.S. Dist. LEXIS 1372 (WD NY, Jan. 10, 2006), a federal district judge issued a temporary injunction requiring a New York school district near Rochester to permit a high school senior to to play on the lacrosse team even though he refused on religious grounds to be vaccinated for tetanus.

Jewish Organizations Oppose Massachusetts Financial Reporting Proposal

According to Friday's Jewish Advocate, many Jewish groups are now joining the opposition to a bill pending in the Massachusetts legislature that would require religious institutions to make the same financial disclosures as nonprofit organizations. (See prior posting.) State Rep. Ruth Balser said the bill was a response to issues that arose in the Boston Catholic archdiocese after the child sexual abuse scandals. But, Balser noted, because of the centralized nature of the archdiocese, only four dioceses in the state would have to file disclosure statements, while each individual synagogue, Protestant church and mosque would have to file separately. A statement issued by Boston's Jewish Community Relations Council argues that the bill "unfairly and disproportionately" affects religious institutions such as synagogues, which have lay-led structures. Also opposing the legislation are the Massachusetts Council of Churches and the Islamic Council of New England.

Questions Raised About Bible Literacy Project

The January issue of Church and State, published by Americans United, carries and interesting review of the Bible Literacy Project by Joseph L. Conn. He titles his article Chuck Stetson's Trojan Horse. Even though the Project's new textbook, The Bible and Its Influence, has garnered support from individuals across the political spectrum (see prior posting), Conn has his doubts. He argues that Chuck Stetson, chairman of the Project, has extensive ties to the religious right. He also criticizes the book for only discussing the use of the Bible as an inspiration for progressive change, and omitting its use historically by pro-slavery, pro-segregationist and anti-feminist forces. The entire article is worth a read. [Thanks to Joel Sogol via Religionlaw for the lead.]

Challenge To Prison Limit On Religious Items Partly Successful

In Roy v. Arizona, 2006 U.S. Dist. LEXIS 1488 (D. Ariz., Jan. 13, 2006), an inmate who was an "Occultist/Esoteric Christian" challenged various restrctions on the practice of religion imposed on inmates by the Arizona Department of Corrections. Prisoners were limited to possessing religious items that could fit into a box of a specified size. This restriction was justified by the limited size of cells, the need to minimize friction between cellmates on over-crowding of the cell, the fact that random searches become more complicated as possessions increase, and the need to comply with fire codes. Religious books must be obtained either from the inmate store or directly from the publisher, in order to minimize the introduction of contraband into the prison. Inmates may keep additional books in storage, and may access those books upon request. The court granted the state's request for summary judgment on most of the claims, but permitted plaintiff prisoner to move ahead with his claim that he was improperly denied permission to posses seven requested religious items.

Vatican Paper Defends Evolution

The AP reports that on Tuesday, the Vatican newspaper L'Osservatore Romano carried an article by Fiorenzo Facchini, a professor of evolutionary biology at the University of Bologna. The article described Darwin's theory of evolution, and said that in the scientific world, biological evolution "represents the interpretative key of the history of life on Earth." He wrote that intelligent design "doesn't belong to science and the pretext that it be taught as a scientific theory alongside Darwin's explanation is unjustified. It only creates confusion between the scientific and philosophical and religious planes." However, he concluded by saying, "in a vision that goes beyond the empirical horizon, we can say that we aren't men by chance or by necessity, and that the human experience has a sense and a direction signaled by a superior design." [Thanks to Joel Sogol via Religionlaw listserv for the information.]

Pataki's Tax Credit Plan Stirs Controversy

In his budget address on Tuesday, New York Governor George Pataki proposed giving as much as $500 in tax credits to parents of public and private school students in New York City and 82 other failing school districts. According to yesterday's New York Sun, parents could use the dollar-for-dollar credits to pay for textbooks, school supplies, or for tuition at private and religious schools. Immediately, Attorney General Eliot Spitzer, the leading Democratic candidate for governor, and Republican gubernatorial candidate William Weld began to argue over whether the governor's plan would violate New York's constitutional ban on aid to parochial schools. The Constitution, Art. XI, Sec. 3 prohibits state aid going to "any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught".

Catholic Group Seeks Student Fees For Worship Booklets

Yesterday's Madison, Wisconsin, Capital Times reports that the Roman Catholic Foundation, an organization serving University of Wisconsin-Madison students, wants to be the first group to spend student fees on activities that are openly religious. The group, which operates St. Paul's University Catholic Center is seeking $205,000 in segregated fees, and would use part of the money to pay for Lenten booklets. UW-Madison Interim Dean of Students, Lori Berquam, has urged student government to refrain from financially supporting the operating costs of "a church-related activity" like worship. At issue is the interpretation of the 2000 U.S. Supreme Court decision in Board of Regents v. Southworth, also involving the University of Wisconsin student activity fee system. The Catholic foundation's budget request was scheduled for a vote Wednesday night by the Associated Students of Madison Council; but the council delayed the vote in order to seek legal advice.

Shinto Representatives Oppose Female Imperial Succession

In Japan, 700 representatives of the country's 80,000 Shinto shrines adopted a resolution Thursday to oppose a government plan to allow women and their descendants to ascend the Imperial throne. The Japan Times reports that the representatives are defending what they believe is the dignity of the Imperial family, in opposition to a government-sponsored bill scheduled be submitted to the next ordinary session of the Diet starting Friday. Before World War II, Shinto was the state religion and it had strong mythical ties with the Imperial family.

Texas Church Reaches Property Tax Settlement

The Fort Worth, Texas Star-Telegram reported yesterday that a 20-year dispute between New Mount Calvary Baptist Church and Texas county tax authorities was finally about to be settled. At issue has been the taxation of a vacant portion of the property on which the church's building sits. The church's leader, Rev. Tom Franklin, has paid $200 toward the church's $33,000 delinquent property tax bill and has agreed to pay at least $50 a month until the amount owed is paid off, said Tarrant County Tax Assessor-Collector Betsy Price. Franklin and other African-American ministers have argued that poor, black churches are not treated as well as wealthier churches with mostly white congregations.

Pa. Court Rejects RLUIPA Claim

In City of Hope v. Sadsbury Twp. Zoning Hearing Bd., (Jan. 17, 2006), a Pennsylvania appellate court held that the Township Zoning Hearing Board's denial of a Church's application for use of a campground and hiking trails as an accessory use does not impose a "substantial burden" on the Church's exercise of religion in violation of RLUIPA because neither the Church nor its visitors will be required to forego or modify the exercise of their religion. Also, there are other campsites nearby that are available for use by the Church's visitors.

Challenge To California Missions Funding Dropped

The Becket Fund for Religious Liberty announced yesterday that plaintiffs have dropped their December 2004 lawsuit, captioned Doe v. Norton, seeking to stop the federal government from funding the preservation of California's 21 historic Spanish missions, 19 of which are still used for worship services. Americans United for Separation of Church and State said that since no money was in fact appropriated by Congress to fund the California Missions Preservation Act, it is withdrawing the suit without prejudice so that it could be filed again. A hearing had been scheduled for today. (See prior posting.)

Two Courts Rule On Church Disputes

In Bowie v. Murphy (Jan. 13, 2006), the Virginia Supreme Court held that deciding a defamation suit would not unconstitutionally involve the court in deciding a matter of religious faith and doctrine. The claim grew out of an an attempt by some members of Greater Little Zion Baptist Church to remove Murphy as the church's pastor. Murphy, in turn, called a special meeting to take action against one of the church's deacons, David Bowie. At the meeting Murphy accused Bowie of assaulting another member who was a supporter of Murphy during the vote of members on Murphy's removal. Two other members moved to remove Bowie as Deacon and reduce his membership status. Among other things, Bowie sued for defamation. The court held that while the allegedly defamatory statements were made during a church meeting, the defamation claim is separate from the church governance issue involved in Bowie's status as a deacon that was being considered at the meeting. The alleged defamatory statements could be evaluated for their veracity and the impact they had on Bowie's reputation the same as if the statements were made in any other, non-religious context. A dissent by two justices argued that the defamation claims could not be removed from the church-governance context in which they arose.

In a second case, Boone v. Christian Chapel United Church of Christ, (Jan. 17, 2006), a North Carolina Court of Appeals held that the trial court had acted properly in interpreting a Church's bylaws and finding that the Church had violated its own procedures in terminating its pastor. However, it infringed on the separation of church and state when it ordered the Church to conduct a new vote, because that involve an ecclesiastical matter. Having determined that the vote was in violation of the bylaws, the court should have merely directed the church to resolve on its own the matter of whether or not to retain its pastor's services.

Third Circuit Hears Arguments In Ursuline Academy Case

On Tuesday, the U.S. 3rd Circuit Court of Appeals heard arguments in Curray-Cramer v. Ursuline Academy of Wilmington Delaware, Inc. The decision of the trial court is at 344 F. Supp.2d 923 (D Del., 2004). Wednesday's Philadelphia Inquirer reported on the oral arguments, which the court extended for 10 minutes because of the importance of the case. At issue is whether Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978 protects a teacher who was fired from a Catholic school after publicly advocating on behalf of abortion rights. The argument was complicated by plaintiff's claim that the First Amendment free exercise issues considered by the trial court no longer apply because the Ursuline Academy's charter no longer includes the word "religion". The academy now markets itself as an independent college-preparatory school.

Quran Used To Take Affirmation of Office In New Jersey

In Boonton, New Jersey last week, Tajammul "Taj" Khokhar made history of a sort when he took office as a member of the town's Planning Board using the Quran to take an "affirmation" instead of taking an oath on a Bible as the other two new members of the Board did. Wednesday's Morris County Daily Record reported however that it is not uncommon for the Quran to be used by Muslims to take an affirmation in court in Morris County, NJ, and a former mayor of another town in Morris County may have been sworn in using the Quran as well.

Religion Heats Up Politics In Ohio

In Ohio, religion is becoming a central issue in the 2006 election campaign that has already begun. Paul Hackett, an Iraq war veteran who is a leading candidate for the Democratic nomination for U.S. Senate, is refusing to back down from his statement that "the Republican Party has been hijacked by the religious fanatics" who "aren't a whole lot different than Osama bin Laden." The Cleveland Plain Dealer today reports that the comments have drawn sharp criticism from state Republicans.

Meanwhile, in the northeastern Ohio town of Hartvillle, major Republican office-holders on Tuesday attended a rally sponsored by Ohio Restoration Project founder Russell Johnson. The event was part of his 10-city Patriot Pastors tour. Keynote speaker was Ohio Secretary of State, and candidate for Governor, Kenneth Blackwell. According to the Canton Repository, Blackwell, wearing a small silver cross on his lapel, criticized the media for focusing on his appearances at a Columbus Restoration Project rally while ignoring Democratic gubernatorial candidate Ted Strickland, who spoke, "Bible in hand" at a counter rally at a nearby church.

The Akron Beacon-Journal reported that among those attending the Hartville ORP rally were Republican Ohio Supreme Court Justice Terrence O'Donnell; former appeals court judge William Batchelder, who is running for state legislature; and former U.S. Rep. Bob McEwen, a lobbyist who is planning to run for Congress this year. Offering the opening prayer at the rally was Sandra O'Brien, a candidate for state treasurer, while the closing prayer was given by state Sen. Tim Grendell, a candidate for attorney general.

ORP leader Russell Johnson criticized the religious leaders who, last week, asked the Internal Revenue Service to investigate the tax exemption of Johnson's church. (See prior posting.) Johnson also warned that Christians have allowed a "secular jihad'' to remove prayer, the Ten Commandments and the Bible from public places, and said it was like Nazi Germany, where church congregations would sing so that they could not hear the passing of trainloads of crying Jews headed for a nearby concentration camp.

Michigan County Permits Modified Swimwear For Religiously Observant

In Ann Arbor, Michigan, the Washtenaw County Park and Recreation Commission has for the first time adopted a swimwear policy to accommodate individuals who cannot wear traditional swimsuits for religious reasons. Last week the Ann Arbor News reported on the imminent passage of the measure which will accommodate Muslims, Orthodox Jews and the Amish. Park staff will also receive religious sensitivity training to learn about the different faiths practiced by patrons, and the county will offer for sale at swim facilities inexpensive long nylon pants and long-sleeved shirts that meet safety regulations and respect religious requirements.

Indonesia Court Rejects Attack On Child Protection Law

Today's Jakarta Post reports that a 9-judge panel of Indonesia's Constitutional Court has rejected a challenge to a provision in the country's Child Protection Code. Under the law, a person found guilty of persuading children to convert to another religion are subject to five years in jail and/or a Rp 100 million fine. Rev. Ruyandi Hutasoit argued that this violates Indonesia's constitutional provision protecting religious freedom (Constitution, Art. 29). The court held that Hutasoit lacked standing to challenge the law, and that Article 86 of the Child Protection Law did not contradict the Constitution because the statute applies to the use of "tricks, lies or force" to convert children. As result of the ruling, three Christian women jailed last year in West Java for inviting Muslim children to their Sunday school program will stay in prison for three more years.

Defendant Sentenced To Attend Church

In Cincinnati, Ohio, a man convicted of disorderly conduct has received an unusual sentence. Yesterday's Cincinnati Enquirer reports that the defendant, Brett Haines, who used racial slurs and threatened a black cab driver, has been ordered to attend services at any one of Cincinnati's predominantly African-American churches for six consecutive Sundays. Judge William Mallory Jr. was concerned about church-state issues when he offered Haines the optional sentence, so he asked Haines if the alternative would offend his beliefs. Haines said he was not a church-going man but would "absolutely" like to choose church over jail. Haines told his lawyer, Dennis Deters, that the sentence might do some good. Assistant prosecutor Kirstin Fullen did not object. [Thanks to Eugene Volokh via Religionlaw listserv for the information.]

Catholic Group Endorses Alito Nomination

The Christian Communications Network yesterday reported that the Knights of Columbus has endorsed the nomination of Samuel Alito to the U.S. Supreme Court, and has called on "members of the United States Senate to vote in a timely manner to confirm" him. The resolution passed unanimously by the organization's Board says that "during his fifteen years as a federal judge (Alito) has articulated a clear and well-reasoned view of the religion clauses of the First Amendment that is protective of religious liberty and which incorporates an appropriately broad view of the Constitution's guarantee of religious free exercise."

Suit Challenging Philosophy Course On Intelligent Design Settled

A settlement has been reached in the suit filed last week by parents against the El Tejon Unified School District challenging its intersession course in Philosophy of Design. (See prior posting.) The course at Frazier Mountain High School in Lebec, California had originally been defended as a philosophy class meant to introduce students to both Intelligent Design and evolution. It turns out, however, that the course, taught by a minister's wife, was one-sided, almost all about Biblical creationism, and not about intelligent design. The Associated Press reported yesterday on the settlement (full text) in which the school district agreed it would not in the future offer any "course that promotes or endorses creationism, creation science, or intelligent design." Teacher Sharon Lemburg who had developed the course defended it in a letter to the editor of the local newspaper, Mountain Enterprise, writing "I believe this is the class that the Lord wanted me to teach." Americans United for Separation of Church and State, which has issued a release on the case, represented the parents in the litigation.

New Orleans Mayor Nagin Says God Is Angry

In a Martin Luther King Day speech yesterday, New Orleans Mayor Ray Nagin made a number of controversial remarks about race and religion. CNN today reports that Nagin said New Orleans will remain a "chocolate" city, i.e. mostly African- American, because "It's the way God wants it to be." He also said that "God is mad at America," in part because we are "in Iraq under false pretenses." "He is sending hurricane after hurricane after hurricane, and it is destroying and putting stress on this country," Nagin said. He said God is "upset at black America also." "We are not taking care of ourselves. We are not taking care of our women, and we are not taking care of our children when you have a community where 70 percent of its children are being born to one parent."

California To Consider Changes In Textbooks On Hinduism

The California State Board of Education will review a recommendation of the California Curriculum Commission that a number of corrections be made in textbook discussions of Hinduism. The Indo-Asian News Service reports today that several Hindu groups, including the Hindu American Foundation, have urged the changes. In a press release, Hindu American Foundation president, Mihir Meghani, said: "Hindus throughout the United States are watching this process with concern since the results have broad implications for all Hindus. For many years, Hinduism was taught from a non-Hindu perspective. All that we are asking is that Hinduism be taught as per state law, which asks that the education 'Instill in each child a sense of pride in his or her heritage; develop a feeling of self-worth...; eradicate the roots of prejudice... and enable all students to become aware and accepting of religious diversity while being allowed to remain secure in any religious beliefs they may already have'."

Pat Robertson Charity Receives Millions In Federal Aid

The Virginian-Pilot yesterday carried a long article on the extent to which Pat Robertson's organization has benefited from President Bush's faith based initiative. Despite Robertson's skepticism several years ago about federal money going to religious organizations, his international relief organization, Operation Blessing, last year received $14.4 million in federal funding. Operation Blessing says it carefully follows federal guidelines that insist on church-state separation. It uses the grants for humanitarian relief, not evangelism. The largest amount of federal aid received by Operation Blessing has been $27.7 million of surplus nonfat dry milk from the Department of Agriculture over a two-year period. Operation Blessing then goes to food manufacturers and trades much of the milk for ready-to-eat puddings, soups and other products that are distributed by Operation Blessing trucks.

Meanwhile, the Associated Press reports that Israel is reconsidering its decision to end its cooperation with Pat Robertson on his construction of a Christian heritage park after Robertson apologized for saying Israeli Prime Minister Ariel Sharon's stroke was divine retribution for the Gaza withdrawal. (See prior posting.)

Schools Already Looking At Next Christmas

Attention to the celebration of Christmas in public schools did not stop in December. Today's Hartford, Connecticut Courant reports that the superintendent of the East Windsor, Conn. schools has decided that his district went too far last year in removing holiday decorations. The school had taken down a Christmas tree that had been put up, and told the town's park and recreation department not to advertise its annual Santa Call program or hold its Easter egg hunt in the schools. At the request of parents, the school district has now had its attorney review the case law, and symbols of various religions will be back in the schools next December.

Iraqi Insurgents To Coordinate In Compliance With Sharia

The website Jihad Unspun reports today that six Mujahideen groups in Iraq have formed the "Shura (consultation) Council of Mujahideen in Iraq" to direct the insurgency against the United States and coalition partners in accordance with Sharia (Islamic law). The media departments of the six groups will coordinate annnouncements of their operations through the Shura Council.

Dr. Martin Luther King On Church-State

Today, on Martin Luther King Day, the Wall of Separation blog reviews Dr. King's views on separation of church and state. Here is one quote from Dr. King: "The church must be reminded that it is not the master or the servant of the state, but rather the conscience of the state. It must be the guide and the critic of the state, and never its tool."

IRS Asked To Investigate Two Ohio Churches

Today's New York times reports that a group of 31 religious leaders has sent a complaint to the Internal Revenue Service requesting an investigation of two large churches in the Columbus, Ohio area, Fairfield Christian Church and the World Harvest Church. They claim the churches, that were active in getting out the vote for President Bush in 2004, are now improperly helping Kenneth Blackwell, a conservative Republican running for governor. Both churches denied that any of their activities violated limitations on nonprofit political activity., saying they "endorse values, but not candidates."

Rod Parsley, the pastor at World Harvest Church, has organized Reformation Ohio whose goal is to win 100,000 converts, register 40,000 new voters and help the poor. The Ohio Restoration Project, a nonprofit organization led by Rev. Russell Johnson, Fairfield's minister, has said its goal is to create an army of "Patriot Pastors" to help increase the participation of church members in this year's statewide elections.

Recent Articles of Interest

From SSRN:

Robert K. Vischer, Associate Professor of Law, St. Thomas University, Conscience in Context: Pharmacist Rights and the Eroding Moral Marketplace.

From SmartCILP:

• University of Baltimore Law Professor Kenneth Lasson, Incitement In the Mosques: Testing the Limits of Free Speech and Religious Liberty, 27 Whittier Law Rev. 3-76 (2005) .
• Hastings Law School Prof. Calvin Massey, The Political Marketplace of Religion, 57 Hastings Law Jour. 1-54 (2005).
• Pepperdine Law School Prof. Joel A. Nichols, Religious Liberty In the Thirteenth Colony: Church-State Relations in Colonial and Early National Georgia, 80 New York Univ. Law Rev. 1693-1772 (2005).
  

Free Exercise Issues Continue To Arise In Malaysia

Two recent developments illustrate the continuing effort in Malaysia to enforce the protection of religious liberty found in the country's Constitution. Yesterday, the Khaleej Times reported that Malaysia's Education Ministry has overturned a school's attempt to force a Sikh student to shave off his facial hair, kept for religious reasons. The Ministry ruled that religious practices should be permitted if they are not extreme. Senior ministry official Khusaini Hasbullah said that for the Sikhs, this means they can wear a turban and keep facial hair.

The Financial Times yesterday reported more broadly that Malaysia is reviewing its Islamic religious laws after recent protests that they infringe on the rights of non-Muslims and women. However, the review will not challenge the jurisdiction of Sharia courts over family law issues. Last week, the government suspended a new Islamic family law bill criticized as injurious to women. Prime Minister Abdullah Badawi has also promised clarification of laws on religious conversion to Islam after a recent dispute over the Islamic burial of an ethnic Indian whose religious affiliation was in dispute. (See prior posting.)

Unemployment Compensation Awarded To Seventh Day Adventist

Last week in Gent v. Pride Ambulance Co., (Ct. App. MI, Jan. 12, 2006) a Michigan appellate court found that a Seventh Day Adventist who refused to work as a paramedic on Saturday, her Sabbath, was nevertheless entitled to unemployment compensation payments. A rule of the Michigan Employment Security Commission provides :"An individual who refuses to work on the Sabbath designated by his or her religion ... solely because of conscientious observance of the Sabbath as a matter of religious conviction shall not, for that reason, be disqualified from receiving unemployment benefits."

Tribes Lose Bid To Stop Snowbowl Upgrades

Last week, in The Navajo Nation v. U.S. Forest Service, (D. Ariz., Jan. 11, 2006), an Arizona federal district court rejected efforts by various Indian tribes to prevent the U.S. Forest Service from upgrading facilities at the Arizona Snowbowl, an existing ski area in the Coconino National Forest. (See prior posting.) Plaintiffs claimed that the proposed upgrades, especially the use of reclaimed water to make snow, "will have negative, irreversible, and devastating effects to their religious, traditional and cultural practices". However the court rejected plaintiff's First Amendment and RFRA claims, finding that the government's land management decision did not impose a "substantial burden" on plaintiffs' religious practices, and that the government has a compelling interest in managing the public land for recreational uses.

The court said: "The evaluation of when the government's land management decisions cross the line from legitimate conduct to unconstitutional prohibitions on the free exercise of religion cannot depend on measuring the effects of a governmental action on a religious objector's spiritual development." It found: "The Snowbowl decision does not bar Plaintiffs' access, use, or ritual practice on any part of the Peaks. The decision does not coerce individuals into acting contrary to their religious beliefs nor does it penalize anyone for practicing his or her religion. Indeed, Defendants have committed ... to ensuring that religious practitioners will have access to the 777-acre SUP area and the approximately 74,000 remaining acres of the Peaks for religious purposes."

The court concluded: "While Plaintiffs may find it offensive that lands that have cultural and religious significance to them also host recreational activities, this cannot justify a "religious servitude" over large amounts of public land. "

GA Court Refuses To Enjoin County Commission Opening Prayers

The Atlanta Journal Constitution reports that on Friday, an Atlanta, Georgia federal district court, in a 65-page order, refused to issue a preliminary injunction against the Cobb County Commission's practice of opening its sessions with a prayer. Judge Richard Story said the plaintiffs had not proven that the Commission's practice of inviting clergy of various faiths to deliver an opening prayer resulted "in the impermissible appearance of an official preference for one sect or creed to the exclusion of others." The court explained: "To be sure, many of these speakers, in offering their invocations, identify the deity to whom they direct their prayer. In that respect, they surely convey their alignment with one religious creed to the exclusion of others. But viewed cumulatively, given the diversity in the denominations and faiths represented, it is difficult to extrapolate from any one speaker's affiliation the preference on the part of the Cobb County government." The suit, captioned Pelphrey v. Cobb County, was filed by the Georgia Civil Liberties Union. (See prior posting.) The text of the complaint, plaintiff's motion for a preliminary injunction and the GCLU's press release upon filing the case are available at its website.

UPDATE: The full opinion in BATS v. Cobb County is now available at 2006 U.S. Dist. LEXIS 1428 (ND Ga., Jan. 13, 2006).

President Proclaims Jan. 16 As Religious Freedom Day

President George W. Bush has issued a Proclamation declaring January 16 as "Religious Freedom Day". It celebrates the 220th anniversary of the 1786 Virginia Statute for Religious Freedom, as well as the protection of religious freedom in the First Amendment.

Zoning Exclusion of Church Upheld

In Petra Presbyterian Church v. Village of Northbrook, 2006 U.S. Dist. LEXIS 876 (ND Ill., Jan. 11, 2006), an Illinois federal district court dismissed statutory and constitutional claims by a Presbyterian church that was refused permission to locate in an area zoned for industrial use. The court held that under RLUIPA, the requirement in Northbrook's zoning code that the church locate somewhere other than an industrial park was not a substantial burden on the church's exercise of religion. It also found that alleged discriminatory treatment of churches was remedied when the village amended its zoning code to exclude business-related organizations that were previously permitted in industrial zones. It also found that the statute of limitations had run on some of the church's constitutional claims.

Standing To Challenge Spending Promoting Faith-Based Initiative Upheld

On Friday, the U.S 7th Circuit Court of Appeals, by a vote of 2-1, held that taxpayers have standing to bring an Establishment Clause claim challenging Executive Branch spending on conferences to promote President Bush's "Faith-Based and Community Initiatives." At issue in Freedom From Religion Foundation, Inc. v. Chao (7th Cir., Jan. 13, 2005) was the question of whether taxpayer standing extends to situations in which there is no specific earmarking of funds by Congress for the challenged activity, and instead the spending comes from a general appropriation by Congress. Judge Posner wrote the majority opinion, and Judge Ripple dissented.

UPDATE: Here is further discussion and analysis of the case by Profs. Ira Lupu and Robert Tuttle.

Canadian Study Urges Legalization of Polygamy

A new study commissioned by the Canadian federal government recommends the legalization of polygamy and legislation to help women and children living in plural relationships. Friday's National Post reported on the study conducted by three law professors at Queen's University in Kingston. The drafters said that the current polygamy ban may well be unconstitutional under the Canadian Charter of Rights and Freedoms as a violation of freedom of religion. Polygamy has been practised for more than 60 years in Bountiful, British Columbia by a fundamentalist Mormon community living there. Last year, the RCMP investigated allegations of child abuse and sexual exploitation by the group, but no charges were filed.

Free Exercise Claim In Custody Order Rejected

On January 10, in Annette F. v. Sharon S., a California appellate court rejected a free exercise claim challenging a child custody order entered in a dispute between a child's birth mother and his adoptive mother, who were formerly lesbian partners. The birth mother, who practices Orthodox Judaism as a member of a Chabad congregation, argued that the trial court's time-share order must be reversed because it interferes with her weekly observance of Shabbat with her son. The adoptive mother , who is Christian, wished to expose their son to Reconstuctionist Judaism on some Saturdays. The court held that the birth mother had forfeited her constitutional claim by not raising it earlier, and even if that is not the case, that the claim lacks merit. The court indicated approval of the trial judge's finding that exposing the child to multiple Jewish practices can provide him with a better sense of Jewish religion and tradition.

Prisoner May Proceed On Communal Worship and Religious Name Allegations

In Shidler v. Moore, 2006 U.S. Dist. LEXIS 892 (ND Ind., Jan. 3, 2006), an Indiana federal district court granted a Muslim prisoner leave to proceed against a prison chaplain and his administrative assistant for damages for denying him access to communal worship. The court also permitted the prisoner to proceed with his claim for damages and an injunction for denying him the ability to send or receive mail using his religious name. Several other claims by the prisoner, including one that the prison had incorrectly listed him as Christian rather than Muslim, were rejected.

NY Appellate Court Rejects Challenge To Required Contraceptive Coverage

Yesterday, a New York appellate court upheld against constitutional attack a provision in the state's Women's Health and Wellness Act that requires employers who offer their employees prescription drug coverage to include coverage for prescription contraceptive drugs and devices. The statute contains an exemption for religious employers such as churches and schools that inculcate religious values and primarily employ persons who share the organization's religious tenets. But the exemption would not cover religiously affiliated social service organizations or hospitals. By a 3-2 decision, the court in Catholic Charities of the Diocese of Albany v. Serio (Dec. 12, 2005) rejected free exercise, establishment clause and free speech challenges by Catholic and Baptist groups. However, the dissenters argued that the provision violated both the U.S. and New York state constitution. Today's New York Law Journal summarizes the decision and points out that a far broader "conscience clause" was specifically rejected by the New York Legislature when the controversial bill was enacted in 2002.

SC Legislator Proposes Mandatory Cadet Prayer At Citadel

In 2003, The Citadel, in South Carolina, dropped its tradition of a mandatory mealtime prayer led by cadets, and instead instituted a period of silence before each meal at which a cadet merely has the option to pray silently. The change came after the U.S. 4th Circuit Court of Appeals struck down mandatory prayer at Virginia Military Institute. (CNN report.) Now a South Carolina legislator is attempting to reintroduce mandatory mealtime prayer at the Citadel. State Rep. Wallace Scarborogh told WCIV News (Charleston, SC): "They said that didn't have the legal authority to have prayer so I said well if they don't have the legal authority let's give them the legal authority."

Governor's Grant To Rebuild Historic Church Questioned

In Chicago last week, the historic Pilgrim Baptist Church, the birthplace of gospel music, went up in flames. Apparently the fire was caused by workers using a blow torch to repair a leaking roof. According to the Chicago Sun-Times, on Monday Governor Rod Blagojevich pledged $1 million of state money to help restore the facility. The Governor's spokeswoman, Cheryle Jackson, said "It's not going to the rebuilding of the church itself, so it doesn't violate constitutional role of separating church and state." The grant will come from the capital project fund that is used for community investments ranging from hospitals to schools. The grant to Pilgrim Baptist will go toward rebuilding the administration building, which housed a school, as well as historical documents.

Some are still questioning the legality of the Governor's move. Eric Zorn wrote in yesterday's Chicago Tribune: "Forget for a moment that the Illinois Constitution explicitly forbids funding schools that are controlled by churches. Reflect instead that any dollar the church doesn't have to spend rebuilding its school is a dollar it does have to spend rebuilding its sanctuary for Christian worship."

Scout Troops Feel Impact of Earlier Court Decision

The North Scott Press (Eldridge, Iowa) on Wednesday carried a long, interesting article on the impact of last summer's decision by an Illinois federal district court that government support of the Boy Scouts, to the exclusion of other groups, violates the Establishment Clause because of the religious component in scouting. In Eldridge, the charter of a Cub Scout Pack has been transfered from a public school to an American Legion group. After the decision in Winkler v. Chicago School Reform Bd. of Trustees finding an Establishment Clause problem in Pentagon funding of the Boy Scout Jamboree, scout organizations began to fear ACLU challenges to troops sponsored by governmental organizations. The problem affects troops affiliated with military bases, as well as those chartered by public schools.

There is no problem with scout groups meeting in schools, when the facilities are open to other groups as well. But, according to Ben Stone, executive director of the Iowa ACLU, "Chartering creates a special status and gives (the BSA) special treatment. Government should exercise their discretion and make the decision to not allow local taxpayer funds to be used to subsidize religious discrimination and discrimination on the basis of sexual orientation."

Jewish Group Denies Wrongdoing In Ties To Abramoff

The Seattle Weekly has published the full text of a long e-mail message that has been widely circulated and posted online by Rabbi Daniel Lapin, responding to charges that he was connected to the Jack Abramoff lobbying scandal. Lapin, the head of a conservative Jewish group, Toward Tradition, talks about the role of Abramoff on his organization's board of directors, and about his personal friendship with Abramoff. Lapin says that Toward Tradition conducted itself with integrity and propriety.

Jack Abramoff's Plea Agreement included an Attachment setting out the factual basis for the plea. It included the following paragraph:

...Abramoff and others sought Staffer A's agreement to perform a series of official acts , including assisting in stopping legislation regarding internet gambling and opposing postal rate increases. With the intent to influence those official acts, Abramoff provided ... ten equal monthly payments totaling $50,000 through a non-profit entity to the wife of Staffer A.

Lapin says that the non-profit referred to was Toward Tradition. However, he says, the payments were for work actually done for the group in organizing conferences; and the amounts were typical of fees charged for this kind of work. Lapin said that it is not uncommon for donors to make specific gifts for specific purposes, so they thought that this was a completely legitimate arrangement.

Alito Discusses Religion Clause Views At Hearing

For the first time during his nomination hearings, yesterday Judge Samuel Alito discussed at some length his views on the Establishment and Free Exercise clauses. The discussion came during questioning by Sen. Sam Brownback, R-Kan. The testimony is summarized in an Associated Press report. The full transcript was reprinted by the Washington Post. The exchange focused on several of Alito's Third Circuit opinions, and produced nothing in the way of surprises about his views.

City Councilman Challenges Council's Prayer Policy

In Virginia, according to today's Free Lance-Star, Fredricksburg City Councilman Hashmel Turner has filed suit in federal district court claiming that the city's policy of prohibiting sectarian prayers at city council meetings violates his First Amendment rights. Turner, who is a Baptist minister, has traditionally invoked the name of Jesus when giving an opening prayer at council meetings. In response to an ACLU complaint, city council adopted a policy of requiring opening prayers to be nondenominational. Then the Mayor excluded Councilman Turner from the prayer rotation because of his refusal to abide by that policy. Represented by the Rutherford Institute, Turner claims that City Council is engaged in an unlawful attempt to prescribe the content of prayers at City Council meetings. The suit claims this violates Turner's rights to free speech, free exercise of religion, and equal protection of the law, as well as the Establishment Clause. The Rutherford Institute has also issued a release explaining the lawsuit, and arguing that Fourth Circuit precedents on the issue have created "confusion".

Trial of Muslim Cleric For Soliciting Murder Begins In Britain

In London on Wednesday, the criminal trial against Islamic cleric Abu Hamza Al Masri began in Old Bailey. He is charged with soliciting murder and stirring up racial hatred. The Middle East Times reports that prosecutor David Perry said that Hamza, in his sermons and lectures, told his followers that part of their religious duty was to kill apostates and non-believers-- particularly Jews. Perry told the jury that this was not a trial against Islam or the Koran, but about what Hamza said. Perry added: "It is quite clear that no religion condones the murder or killing of innocent men, women or children or the dissemination of hatred and bigotry. Any suggestion that murder and hatred can be wrapped in a cloak of righteousness and justified on the basis of the great religion of Islam and its book, the Koran, is simply incorrect." Hamza denies all the charges.

Roy Moore Officially Enters Alabama Gubernatorial Race

Reuters reports that former Alabama Supreme Court Chief Justice Roy Moore officially entered the race for Alabama governor on Wednesday. Moore became famous for setting up, and then refusing to remove, a large 10 Commandments monument in the Alabama state judiciary building. His defiance of court orders eventually led to his removal as Chief Justice in 2003, but his stance endeared him to many Christian fundamentalists.

Israel May Not Give Robertson Land For Center After His Remarks

According to the January 13 edition of the Forward, the Israeli Tourism Ministry may block Rev. Pat Robertson's plan for an evangelical center alongside the Sea of Galilee, after Robertson suggested last week that Prime Minister Sharon's stroke was a punishment from God. The Israeli government was planning to furnish the land for the center free of charge, until Robertson's remarks last week on his television program, "The 700 Club." Government spokesman Ido Hartuv said the Tourism Ministry may pursue the plan for the Christian center with other evangelical leaders. He also suggested that the rejection of Robertson might not be final, saying , "We just want to find out what are the reasons for his statement. Maybe we didn't get him like he meant to be."

Navy Chaplain Ends Protest Fast

The Washington Post reported yesterday that Navy Chaplain James Klingenschmitt ended his 18-day hunger strike in front of the White House in protest of what he said were Navy restrictions on his preaching Christianity. A Navy spokesman said that chaplains are free to pray as they wish in any military chapel or worship service. But in other settings that are essentially secular in nature, such as a retirement or memorial ceremony attended by personnel of many faiths, they are asked to offer nonsectarian prayers. At one point, Klingenschmitt was told he could not wear his Navy uniform during the hunger strike. Klingenschmitt vowed that he would not eat "until the president gives me back my uniform and let's me pray in the name of Jesus." Ultimately he was permitted to wear if he was conducting a bona fide worship service in front of the White House. He broke his fast with a communion wafer. [Thanks to Blog from the Capital for the information.]

Concerned Women Group Supports Alito, Citing Religion Views

Concerned Women for America yesterday issued a statement supporting the confirmation of Supreme Court nominee Samuel A. Alito. CWA is a public policy organization dedicated to Biblical principles. Commenting on the first day of hearings, the group said:

Yesterday, Democrats on the Senate Judiciary Committee tried to make Justice O’Connor the gold standard to which they will hold Judge Alito. Nothing could be worse, especially when it comes to protecting our first liberty, religious liberty. After all, O'Connor thinks it violates the Establishment Clause to publicly display the Ten Commandments.

Judge Alito has consistently protected the free exercise rights of all religious people, including Christians, Jews, Muslims, Native Americans and the artwork of a young school boy thankful for Jesus. He has ruled against government actions that discriminate against or unfairly burden religion, and he has rejected government attempts to use the Establishment Clause to remove all things religious from the public square.

Ohio Board Refuses To Change Standards For Teaching Biology

The Columbus Dispatch reports that at yesterday's meeting of the Ohio Board of Education, a member raised the issue of dropping state guidelines on teaching of biology. After a bitter exchange between board members on whether Ohio's model lesson plan was intended to promote Intelligent Design, the board by a vote of 9-8 refused to reconsider the standards. Two board members were absent. Critics of the standards made their point by having a man dressed as a panda outside the board meeting, carrying a copy of the book Pandas and People. The board's vote appears to open the way for threatened litigation by Americans United for Separation of church and State. (See prior posting.)

Pope Emphasizes Religious Freedom In Address To Diplomats

In the Vatican on Monday, Benedict XVI addressed the traditional meeting of the Pope with the diplomatic corps accredited to the Holy See. (Full text from Zenit News Agency.) Part of the Pope's remaks focused on the need for religious liberty:

by its very nature the Holy See's diplomatic activity is concerned with promoting, among other forms of freedom, the aspect of freedom of religion. Unfortunately, in some states, even among those who can boast centuries-old cultural traditions, freedom of religion, far from being guaranteed, is seriously violated, especially where minorities are concerned.

Here I would simply recall what has been laid down with great clarity in the Universal Declaration of Human Rights. Fundamental human rights are the same on every latitude; and among them, pride of place must be given to the right to freedom of religion, since it involves the most important of human relationships: our relationship with God. To all those responsible for the life of nations I wish to state: If you do not fear truth, you need not fear freedom! The Holy See, in calling for true freedom for the Catholic Church everywhere, also calls for that freedom for everyone.

Kentucky Governor Urges Teaching of Intelligent Design

Kentucky governor Ernie Fletcher does not appear to be convinced by recent defeats in the courts for advocates of teaching intelligent design. In an interview with the Associated Press after his State of the Commonwealth speech on Monday, Fletcher said Kentucky schools should consider teaching intelligent design along with other ideas of how the world began. Explaining his support for this approach, Fletcher said: "Our inalienable rights are based on the self-evident truth of those endowed inalienable rights. And all I was saying is that from my perspective that's not a matter of faith and it's not a matter of religion. It's a matter of something called self-evident truth."

Lessening Church-State Ties Recommended In Norway

In Norway, a commission set up in 2003 is expected to recommend shortly a loosening of the ties between church and state in the country. Ekklesia today reports that 14 of the 20 commission members favor relaxing the ties between church and state, without moving to a complete separation. Included in that group is a Muslim member of the commission. Four commission members want total separation, while 2 members favor the status quo. Since 1537, the king has also been the formal head of the Church of Norway, to which 85% of Norwegians belong.

Ohio May Be Next Battlefield On Intelligent Design

Ohio may become the next venue for the battle over the teaching of Intelligent Design in the public schools. (See prior posting.) Yesterday's Ohio State Lantern reported that Americans United for Separation of Church and State is collecting documents from the state under a public records request in anticipation of filing a lawsuit against Ohio's Model Lesson Plan on Critical Analysis of Evolution if the state board of education does not change the model curriculum. Meanwhile, the Ohio Board of Education meets today for the first time since the federal court decision striking down Dover, Pennsylvania's policy on Intelligent Design. The Ohio Citizens for Science, along with faculty members from Ohio State University, plan to lobby the board to change the standards, even though the issue is not on the agenda for Tuesday's meeting.

Ohio State University Trustee Brian Hicks lobbied the Ohio Board of Education for the current science curriculum, which encourages the teaching of alternatives to evolution, when he was chief of staff to Governor Bob Taft. However, Ohio State University's Senate, and Faculty Council, as well as the Inter-University Council of Ohio (on which OSU President Karen A. Holbrook sits), have all passed resolutions opposing the state board's science standards and curriculum. Currently trustee Hicks will not answer questions about his position on intelligent design or the state board's science curriculum unless the same questions are presented to every member of the Board of Trustees.

Canadian Prime Minister Proposes Constitutional Amendment To Strengthen Religious Freedom

In Canada yesterday, the website of the Liberal Party reported that Prime Minister Paul Martin has proposed a constitutional amendment to end Parliament’s ability to invoke the "Notwithstanding Clause" in Section 33 of the Canadian Charter of Rights and Freedoms which presently permits Parliament to override the Charter's protections-- including its guarantee of freedom of conscience and religion-- for up to 5 years. Under the proposal, provincial legislatures would still be able to invoke the clause.

Cert. Denied In AmeriCorps Teacher Funding Case

The Associated Press reports that yesterday the U.S. Supreme Court denied certiorari in American Jewish Congress v. Corporation for National and Community Service. (See prior posting.) At issue was whether the Corporation for National and Community Service may, through the Americorps program, provide education awards to teachers who teach religion as well as secular subjects in religious schools, and whether it may make grants of $400 per trainee to the religious organizations that oversee those teachers-- including six "faith-based" programs. Last year the D.C. Circuit held that the funding did not promote religion in violation of the Establishment Clause. Chief Justice Roberts did not participate in the decision on the petition. The American Jewish Congress expressed regret that its cert petition was not granted.