Churches Focused On Elections On Sunday

Reuters yesterday reported on activities in churches around the nation as election day approaches. Some churches generally urged people to be certain to vote. Others focused on supporting specific issues on the ballot, such as gay marriage and embryonic stem cell research. In an 11-county diocese in Wisconsin yesterday, all Catholic churches were required to play a 14-minute talk by Bishop Robert Morlino addressing three issues on Wisconsin's ballot on Tuesday: a proposed state Constitutional amendment banning civil unions for straights and gays, an advisory referendum on the death penalty and stem cell research. (Portage WI Daily Register). Meanwhile, today's Columbus, Georgia Ledger-Enquirer runs a long story on how local churches deal with candidates who visit their congregations to speak or to pray.

Christians Assert Rights In Several Cases In Britain

Cross Rhythms today carries a review of a number of pending cases in Britain in which Christians are challenging limitations on expression of their religious beliefs. Two of the cases involve controversies over names-- one in which the Exeter Christian Union is being forced by University officials to change its name to the Evangelical Christian Union, and another in which Christian groups are challenging the Voluntary Euthanasia Society's change of name to Dignity In Dying as violative of Britain's trademark law. Other cases involve the right to wear religious-themed jewelry in various settings.

Newsweek Explores Evangelical Agenda and Impact On Public Policy

This week's Newsweek carries a long cover story titled An Evangelical Identity Crisis that focuses on the efforts of some in the movement to expand the evangelical agenda to include issues of social and economic justice. It also carries the results of a new poll that are summarized in a press release. 62 percent of evangelicals say that religion plays too small a role in American political and cultural life.

The same issue of Newsweek carries an essay by Sam Harris sharply critical of the impact of Christian fundamentalists on public policy. He says: "Given the most common interpretation of Biblical prophecy, it is not an exaggeration to say that nearly half the American population is eagerly anticipating the end of the world. It should be clear that this faith-based nihilism provides its adherents with absolutely no incentive to build a sustainable civilization--economically, environmentally or geopolitically."

More Prisoner Free Exercise Decisions Become Available

In Winford v. Endicott, 2006 U.S. Dist. LEXIS 80248 (ED WI, Nov. 1, 2006), a Wisconsin federal district court permitted an inmate to proceed with free exercise and equal protection claims stemming from denial to him of his religious books relating to a Satanic faith when he was transferred from one penal institution to another.

In Johnson v. Mulcahy, 2006 U.S. Dist. LEXIS 80162 (ED Mo., Nov. 2, 2006), a Missouri federal district court dismissed a Muslim prisoner's complaint that the Cape Girardeau County Jail failed to provide religious services for Muslim inmates. All religious services in the jail are provided by community volunteers, and the jail was unable to find volunteers to lead Muslim services.

In Johnson v. Little, 2006 U.S. Dist. LEXIS 80099 (MD TN, Oct. 16, 2006), a Tennessee federal district court rejected a convicted prisoner's claim that his free exercise of religion is infringed by the state's capital punishment law that calls for him to choose between electrocution or lethal injection as his method of execution, and mandates lethal injection if he fails to choose.

The decision in Nicholas v. Ozmint, 2006 U.S. Dist. LEXIS 80035 (D SC, March 31, 2006), has recently become available. In it, the court rejected claims by an inmate who was a follower of the Nation of Islam. Plaintiff argued that the institution's policy limiting the number of religious books he could possess and preventing him from receiving new religious literature by mail infringed his free exercise of religion and his rights under RLUIPA. The court disagreed. The magistrate's recommendation in the case is at 2006 U.S. Dist. LEXIS 80036 (D SC, Feb. 8, 2006).

In Lindell v. Huibregtse, (7th Cir., Oct. 31, 2006), the Court of Appeals found that claims by a litigious inmate who was a follower of Wotanism were properly dismissed by the lower court. The inmate had objected to the prison's ban on the White supremacist book "88 Precepts", claiming that its ban violated the Establishment Clause, RLUIPA and his free speech rights.

In Gillard v. Kuykendall, 2006 U.S. Dist. LEXIS 79590 (WD AK, Oct. 27, 2006), an Arkansas federal district court upheld a prison's policy requiring inmates to clean their cells daily over objections of a prisoner that his religious beliefs prevented him from working on the Sabbath.

In Conyers v. Abitz, 2006 U.S. Dist. LEXIS 79210 (ED WI, Oct. 27, 2006), a federal district court held that there are sufficient disputed issues of fact to preclude summary judgment in the claim of a Muslim prisoner that his request to participate in the Ramadan fast was wrongfully rejected because he did not know of the sign-up deadline for being able to participate.

Utah Judge Opposes Baptism Of Child

In Utah, state judge Leslie Lewis who is up for re-election on Tuesday has been accused of making comments in court that are insensitive to Mormon beliefs. KUTV Salt Lake City reports that (as shown in a video posted on YouTube) the judge ruled that a divorced father should not baptize his daughter at age 8, over the objections of his former wife who has custody of the child. Judge Lewis ruled that the parents should wait until the girl turns 12 so she can decide for herself whether she wishes to be initiated into the LDS Church. Speaking of baptism as a youngster, Lewis told the father: "Somebody did that to me and I have resented it lo these many years."

Reconstructionist Rabbis Support NJ Gay Marriage Law

The Reconstructionist Movement in Judaism has supported gay marriage since the 1980's. This week, the New Jersey Jewish Standard interviews Reconstructionist rabbis on the issue as New Jersey's legislature decides how to respond to a recent state Supreme Court decision requiring legislative action to extend equal rights to gay couples. These rabbis say that currently, by prohibiting same-sex marriages, the state legislature is interfering with their religious right to perform marriages in accord with their beliefs. The Reform Movement in Judaism leaves the decision of whether or not to perform same-sex marriages up to individual rabbis. The Conservative and Orthodox movements have not accepted same-sex marriages.

New Articles and Book On Law & Religion

From SmartCILP:
Barak D. Richman, How Community Institutions Create Economic Advantage: Jewish Diamond Merchants in New York, 31 Law & Social Inquiry 383-420 (2006).

From SSRN:
Jonathon W. Penney & Robert Jacob Danay, The Embarrassing Preamble? Understanding the Supremacy of God and the Charter, (University of British Columbia Law Review, Vol. 39, p. 287, 2006).

Marci A. Hamilton, The Religious Origins of Disestablishment Principles, (forthcoming Notre Dame Law Review).

Cyra Akila Choudhury, Terrorists & Muslims: The Construction, Performance and Regulation of Muslim Identities in the Post-9/11 United States, (Rutgers Journal of Law and Religion, Vol. 7, No. 3).

From Bepress:
Jennifer Smith, Morse Code, DaVinci Code, Tax Code and Churches, (Oct. 30, 2006).

Debra L. Lowman, A Call for Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, (Oct. 28, 2006).

The Summer 2006 issue of Journal of Church and State has recently been published.

New book:
H. Stephen Shoemaker, Being Christian in an Almost Chosen Nation (Abingdon Press, Oct. 2006),(reviewed by the Dallas News).

Ted Haggard and the White House

Yesterday’s Rocky Mountain News talks about the relationship of scandal-plagued Rev. Ted Haggard to the White House. Haggard resigned Friday as head of the National Association of Evangelicals in the wake of sex and drug charges by a male prostitute in Denver. The paper says:

Haggard has advised the White House on issues ranging from judicial appointments to steel tariffs. But he also sought to widen the agenda of Christian evangelicals into areas the Bush administration - and many of his Christian brethren - would rather avoid.… Haggard has angered some religious conservatives for urging Christians to protect Muslims in the days after the Sept. 11 terrorist attacks.... Last summer, he joined an eclectic group of 27 religious leaders ... urging the government to "abolish torture now - without exception".… Haggard's recent efforts promoted through the NAE a "broad biblical agenda" that included improving health care, ending racism and addressing global warming.... through a free-market approach....

At yesterday's White House press briefing, spokesman Tony Fratto fielded questions about Haggard's relationship to the White House:

Q This Reverend Haggard out in Colorado, is he someone who is close to the White House? There had been reports that he was on the weekly call with evangelicals. Is that true?

MR. FRATTO: I'm actually told that that's not true, that he has -- in terms of a weekly call that he has? He had been on a couple of calls, but was not a weekly participant in those calls. I believe he's been to the White House one or two times. I don't want to confine it to a specific number because it would take a while to figure out how many times. But there have been a lot of people who come to the White House, and --

Q -- when was he at the White House?

MR. FRATTO: I couldn't tell you specifically. I know that there was a picture of him with the President in one of the TV reports, so obviously he met with the President at some point in time.

Look, this is a personal issue for someone. It's something that Reverend Haggard needs to deal with, with his family and his church. And I'm not sure that there's any comment beyond that that's necessary.

Q Would that make evangelicals dispirited and maybe sit out the election Tuesday?

MR. FRATTO: I doubt it. I doubt it.

Q Why?

MR. FRATTO: Well, because I think the community you're referring to understands where the Republican Party is on issues that are important to them, and someone's -- something that an individual did that affects them personally shouldn't affect their interest in advancing issues that they care about.

First Amendment Land Use Rights, Or Legal Loophole?

Today's Tacoma, Washington News Tribune reports that the city of Tacoma has issued a final environmental review that permits First Methodist Church to demolish the historic First United Methodist Church Building. The city says that the church’s First Amendment rights require it to permit the demolition. Historic preservationists, however, say that the requirements of the law preserving historic landmarks are being evaded. It seems that Multicare Health System bought the church property in May for $8 million to use for expansion of two of its hospitals. However, when it appeared that there would be historic preservation problems with removing certain items from the sanctuary, the hospital system transferred the building back to the church so the church could apply for the demolition permit. The Washington Trust for Historic Preservation is considering whether to appeal the city’s decision.

Guy Fawkes Day Festivities Still Controversial

In England, November 5 is Guy Fawkes Day, marking the foiling of the 1605 Gunpowder Plot that occurred during the long-running religious battle that followed Henry VIII’s break from Rome in 1534. A dozen Catholics were caught preparing fuses to blow up London’s Westminster Palace with barrels of gunpowder. The Toronto Star on Saturday reported on the somewhat controversial festivities that take place each year in Lewes, England to mark Guy Fawkes Day. 50,000 people converge on the town to mark Bonfire Night. In a carnival-like atmosphere, with a “No Popery” banner strung across the town’s main road, Pope Paul V, who reigned at the time of the plot, is burned in effigy. When, as this year, Nov. 5 falls on Sunday, the anti-Catholic celebrations are rescheduled to take place a day earlier.

Church-State In the 2006 Elections

The Interfaith Alliance has compiled its list of the Top Ten violations of separation of church and state in the 2006 elections. Talk To Action yesterday reprinted the list. Number 5 on the list is Ohio’s Patriot Pastors—recruited by Russell Johnson’s Ohio Restoration Project. This week’s Christianity Today has a long article on the group and the like-minded organization, Reformation Ohio, led by Rod Parsley.

Suit Challenges Rules Of Michigan State Employees Combined Campaign

Yesterday, the Association of Faith Based Organizations filed suit in federal court against the Michigan State Employees Combined Campaign, challenging the exclusion of certain religious groups from Michigan’s program that allows state employees to voluntarily contribute through payroll deductions to participating charities. Under Michigan’s rules, in order to participate charitable groups may not discriminate on various grounds, including religion, in selecting members, employees and volunteers. The complaint (full text) alleges that this requirement prevents religious groups from limiting their hiring to members of their own faith, while secular groups can hire only employees who agree with their missions. The suit seeks declaratory and injunctive relief on the grounds that the requirements violate the First Amendment and Equal Protection rights of religious organizations. Alliance Defense Fund issued a release announcing the filing of the lawsuit. Similar suits have been filed in Wisconsin and Florida.

Sexual Charges Against Evangelical Leader Have Political Implications

Today's Washington Post says reports on the resignation of Ted Haggard as president of the National Association of Evangelicals over accusations that Haggard paid to maintain a 3-year gay sexual relationship with a Denver man, Mike Jones. Today's Rocky Mountain News says that Haggard was also accused of buying methamphetamine, a drug that enhances sexual experience. Apparently Haggard has admitted that some of the charges are accurate, saying he bought the drugs, but never used them. He says he only received a massage from Jones. A polygraph test taken by Haggard's accuser indicated deception on questions about sexual contact with Haggard. However Jones' lack of sleep, and a migrane from which he was suffering, may have affected the polygraph results. Analysis of a voice mail message reportedly implicated Haggard.

The Post speculates that the charges may have a negative impact on Republicans trying to rally their conservative Christian base to turn out for Tuesday's mid-term elections. Prof. William Martin of Rice University says. "This is one more factor that could increase the disillusionment of evangelicals with prominent leaders on the Christian right and with the political process as a whole, and some may conclude that perhaps their forebears were wise to be wary about politics."

Haggard today also stepped down as pastor of his 14,000-member New Life Church in Colorado Springs, Colorado. The Post says that Jones was impelled to come forward with his accusations at this time in part because in Colorado there are two issues on Tuesday's ballot relating to same-sex marriage. (Amendment 43 defining marriage as between one man and one woman, and Referendum I proposing a domestic partnership law.) Haggard has been an outspoken opponent of same-sex marriage. The May 2005 issue of Harpers carried a very long portrait of Haggard and his influence in an article titled Soldiers of Christ.

Bible Club Thrives In Elementary Schools

An AP story carried in today's Chicago Tribune discusses Kids for Christ Bible Clubs that operate in elementary schools across the country. The organization recruits parents to sponsor the clubs that meet prior to the start of the official school day. Bob Heath, founder of the clubs, would like to see his Bible-study groups in every elementary school in America.

Indian Government Defends Islamic Courts

In India, the government has responded to a public interest lawsuit filed in the Supreme Court seeking the abolition of Islamic courts. (See prior posting.) The government argues that such courts merely issue advisory opinions, and that no one is required to use those courts. The government says that the creation of these bodies as alternative dispute resolution mechanisms is protected by India's constitution that guarantees every religious denomination the freedom to manage its own affairs in matters of religion. Reports are in yesterday's Times of India and Hindustan Times.

Transcript of Religion and Politics Discussion

The Washington Post's website carries the transcript of yesterday's online discussion with John Green, Senior Fellow, Pew Forum on Religion and Public Life, focusing on Religion and Politics.

Christian Student Has Partial Win In Suit Against North Carolina High School

Yesterday in Arthurs v. Sampson County Board of Education, (ED NC, Nov. 2, 2006), a North Carolina federal district court issued a temporary injunction preventing the Sampson, NC school board from enforcing two policies on the distribution of written materials by students in Midway High School. One prohibited distribution of materials expressing religious preferences or beliefs. The other gave complete discretion to the school principal to approve written material that was handed out in the school. The court, however, refused plaintiff's request for a temporary injunction to force rewriting of the school's dress code, finding that it does not ban the wearing of religious themed T-shirts. The lawsuit was filed by a student who was not permitted to hand out Day of Truth cards presenting a Christian view on homosexuality. (See prior posting.) An Alliance Defense Fund release discusses the court's ruling, as does an article in yesterday's Charlotte Observer.

New Jersey Mosque Wins Temporary Injunction

On Wednesday, a New Jersey federal district judge issued a temporary injunction preventing the Township of Wayne, NJ from exercising its eminent domain powers to seize for open space land on which a Muslim congregation had planned to build a mosque. A release by the Becket Fund yesterday details the history of the dispute between the Albanian Associated Fund and a community group opposing its planned construction of a place of worship. (See prior posting.)

Parliament Continues To Deal With Religion and School Issues

In Britain's Parliament, issues of religion and schools continue to occupy the agenda. Today, the House of Commons is debating an amendment to the Education and Inspections bill that would let students in public schools opt out of religious exercises on their own initiative, instead of needing a parent to request their withdrawal from religious activities. (Politics.co.uk). In a separate matter, on Monday the House of Lords rejected two proposals that would have given councils the power to require all new faith schools in their areas to admit 25% of their student bodies from other religious groups. (See prior posting). Instead, the Lords adopted a general provision that requires all schools in England to promote "community cohesion". (Christian Today.)

High Profile Chaplain Sues Navy

The Rutherford Institute yesterday announced that it has filed suit in federal district court in Washington, D.C. on behalf of high profile Navy chaplain Gordon J. Klingenschmitt. The chaplain, who was court martialed in September for disobeying orders not to wear his uniform to a press conference that criticized the Navy's policy on religious exercise, is now the subject of separation proceedings instituted by the Navy on different grounds. The Navy says he lost the endorsement of his religious group to act as a chaplain. Klingenschmitt resigned from the Evangelical Episcopal Church shortly after he was convicted in the court martial. Subsequently, however, he secured a nomination as a chaplain from another evangelical organization, the Full Gospel Church. The complaint (full text) in Klingenschmitt v. Winter seeks an injunction to stop the Navy from separating Klingenschmitt from the service by treating him as a new applicant because of his change in ecclesiastical endorsement. More broadly, the suit seeks a declaratory judgment finding that the Navy's policy of preventing chaplains from praying "in Jesus name" in settings with general audiences is unconstitutional. (See prior related posting.)

UPDATE: The Marine Corps Times reports that on Wednesday the court refused to grant Chaplain Klingenschmitt a temporary restraining order in his pending suit.

Romney Discusses Attitudes On Mormonism With Evangelical Leaders

The Boston Globe reports this morning that Massachusetts Governor Mitt Romney has been holding a series of meetings with evangelical Christian leaders to discuss how Romney should address his Mormon religious beliefs in any campaign for the Presidency that he may launch. The lengthy article reports that a number of steps are being taken by Romney supporters to educate the public about the Mormon faith and break down negative stereotypes of the Mormon Church.

Marine Father Scores Initial Victory In Suit Against Funeral Picketers

On Monday in Snyder v. Phelps, (D MD, Oct. 30, 2006), a Maryland federal district court handed down an initial decision in a suit against Westboro Baptist Church, its pastor Fred W. Phelps, Sr., and several other members of the church brought by Albert Snyder, the father of a U.S. Marine Lance Corporal who was killed in Iraq. In the suit, Snyder alleged that the defendants committed various torts when they protested at his son's funeral and made offensive Internet postings. Defendants, as they have done elsewhere around the country, intruded on Lance Corporal Matthew Snyder's funeral with signs protesting homosexuality, Catholicism and the military. They also posted on their website messages saying things such as Plaintiff and his wife had "raised [Matthew] for the devil".

The court rejected several jurisdictional objections raised by Phelps and the other defendants. It held that Snyder adequately state a claim for defamation, intrusion on seclusion, publicity of private life, intentional infliction of emotional distress, and civil conspiracy. The court held that it did not have enough information before it at this stage of the proceedings to determine whether or not defendants' actions were constitutionally protected by the First Amendment's free exercise clause.

Turkish Archeologist Acquitted Of Insulting Islam

The Associated Press reports that in Turkey yesterday, a trial court ruled that a 92-year old archeologist was not guilty of insulting people based on their religion. Muazzez Ilmiye Cig, an expert on the ancient Sumerian civilization, had written a book arguing that Islamic-style head scarves date back over 5,000 years and were worn by priestesses who initiated young men into sex. The charges against her were initiated by an Islamic-oriented lawyer who was offended by her book. In her trial that lasted less than one hour, a prosecutor urged that the charges against Cig be dropped, saying that her actions had not endangered public safety in any way. The court ruled that Cig's actions did not constitute a crime, and acquitted her publisher as well.

South Carolina School Superintendent Candidates Views On Intelligent Design

Today's Charleston (SC) Post and Courier discusses the views on intelligent design held by the six competing candidates for South Carolina Superintendent of Education. Only Republican Karen Floyd thinks that it is appropriate to teach alternatives to evolution in public school science classes. Most of the other candidates, including Democrat Jim Rex, favor teaching the topic, but in social studies or courses dealing with the history of religion.

Survey of Muslim Voters Released

Last week in Washington, D.C., the Council on American-Islamic Relations released a survey on the demographics, political views and social integration of Muslim voters in the U.S. The poll indicates that they are young, well-educated and religiously diverse, and feel that Muslims should emphasize the values they share with U.S. Christians and Jews. The full text of the survey is available online.

Mayor Says City's Promo For Christian Halloween Alternative Was Improper

In Toledo, Ohio, the mayor's office has decided that a city official acted improperly this week in publicizing three events offering a Christian alternative to Halloween. Today's Toledo Blade reports that the city's Board of Community Relations executive director, Juanita Greene, used a city computer and the city's e-mail account to distribute a news release publicizing "Holyween", a Christian alternative to "trick or treating" sponsored by G.O.D.S. Ministries. The alternative events were held at two churches and at a YMCA branch and had the support of 8 Christian organizations in the city.

India Candidate's Appeal To Catholic Voters Voids His Election Win

In India this week, the Kerala High Court set aside the election of a winning candidate to the lower house of India's Parliament (the Lok Sabha) on grounds that would astound U.S. politicians. The Indian Election Commission's Model Code of Conduct provides that "there shall be no appeal to caste or communal feelings for securing votes". After National Democratic Alliance candidate P.C. Thomas defeated his next-closest rival, P.M. Ismail, by less than 1,000 votes for the seat representing the Muvattupuzha constituency, Ismail petitioned the court arguing that Thomas violated the election code of conduct. The petition claimed that by printing his picture along side that of Pope John Paul II and Mother Teresa on a calendar used as campaign literature, Thomas raised religious passions. The court agreed and declared Ismail, candidate of the Communist Party of India-Marxist, to be the winner of the parliamentary seat. The court, however, stayed its judgment for a month to permit an appeal to the Indian Supreme Court. The Indo-Asian News Service and Thir Uvananthapuram reported on the court's decision.

Suit Over Auto Sticker's Religious Design Settled

In Burbank, Illinois, a dispute over the city's requiring residents to display a vehicle sticker with an arguably religious drawing on it has been settled. The Chicago Tribune today reports that Nichole Schultz will no longer be required to display the sticker that includes a drawing of a soldier kneeling before a gravesite marked by a cross. A filing asks the court to dismiss the suit challenging the sticker, saying that officials have agreed that if Schultz is ticketed for not displaying it, they will not pursue a fine against her. (See prior related posting.)

Suit Says Missouri University Violated Rights Of Social Work Student

The Alliance Defense Fund Monday filed a federal lawsuit (text of complaint) against Missouri State University on behalf of a former social work student who alleges that her First Amendment rights were violated when one of her professors insisted that she participate in a project that violated her Christian religious beliefs. The ADF's release says that Prof. Frank G. Kauffman assigned his social work students a project promoting homosexual foster homes and adoption. For it, he required the entire class to write and individually sign a letter to the Missouri Legislature in support of homosexual adoption. Student Emily Brooker refused to sign the letter because it violated her religious beliefs. This led to a complaint being filed against her for violation of the School of Social Work’s "Standards of Essential Functioning in Social Work Education" and to a hearing in which she was asked invasive questions about her views on homosexuality.

The Springfield (MO) News Leader today reports that university officials are investigating the allegations made in the lawsuit. It issued a statement saying: "Missouri State University has been and is committed to protecting the rights of its students, as well as its faculty and staff, including free speech and expression, and freedom of religion."

Michigan Pastor's Political Endorsement Questioned

The Interfaith Alliance has criticized Republican Michigan gubernatorial candidate Dick DeVos for accepting an endorsement from a church's podium by its pastor. The endorsement could jeopardize the church's non-profit tax status. The Associated Press reports that a DeVos campaign blog posting Sunday said that DeVos had been endorsed by Rev. Marvin Winans of Detroit's Perfecting Church. The DeVos campaign, however, now says that the statement was a personal endorsement by the pastor, and not political activity by the church.

For Halloween: Salem Witch Presses For Civil Rights

Today is Halloween. For Wiccans, that means the celebration of the New Year of Samhain. And in Salem, Massachusetts, 73-year old Laurie Cabot is in the midst of a campaign to get city leaders across Massachusetts to respect the civil rights of witches. She has a 4-page legal memo on the topic. Reuters yesterday reported that Salem, the location of historic 17th century witch trials, has now become a center for the pagan community. Some 500 to 1,000 practicing witches live there, and the city abounds with shops that sell Tarot cards and magic supplies-- all attracting tourists at this time of year. Laurie Cabot, the city's first modern openly practicing witch runs one of those shops. She was proclaimed the city's "official" witch in 1975 by Massachusetts' then-governor Michael Dukakis.

Anti-Gay Church Files Open Records Request In Topeka

The Westboro Baptist Church of Topeka, Kansas has gained notoriety for its picketing of veterans' funerals with signs claiming that military deaths stem from U.S. tolerance of homosexuality. (See prior posting.) Today's Topeka Capital-Journal reports that the church has now filed an open records request with the city of Topeka. It seeks information on letters that the city has sent to other communities alerting them of Westsboro's plans to picket there. The request asks for all communications sent by Topeka government officials regarding Westboro Baptist Church, and information on the time spent and funds expended in sending out warnings. Topeka Mayor Bill Bunten says he sent out the letters to deflect anger at Topeka felt by other communities. Westboro's spokesperson, Shirley Phelps-Roper, however, argues that the Constitution bars the mayor from using government funds or facilities to take aim in this way at a religious group.

Queen Elizabeth Reaches Out To Catholic Church

Yesterday AHN reported the Britain's Queen Elizabeth has moved to lessen centuries of tensions between the British Royal Family and the Catholic Church. Last month the queen granted permission for her cousin, Lord Nicholas Windsor, who is a convert to Catholicism, to marry at the Vatican in Rome. The wedding will be performed by a former Anglican vicar who converted to Catholicism in protest of ordination of women. Lord Nicholas is the first member of the British Royal Family in 400 years to marry in Rome. Queen Elizabeth also agreed to attend a reception for the newly-married Catholic couple to be held in Britain in January.

RLUIPA Suit Over Rural Maryland Christian School Project

Anne Arundel County, Maryland's Riverdale Baptist Church has filed suit in federal court invoking RLUIPA to force the county to permit it to move ahead with its building of Arundel Bay Academy, a Christian school that would enroll 220 students in grades K-8. Today's Annapolis Capital reports that the church has been involved in litigation over the project in state courts since 2003, as neighbors object to the traffic the school would bring to the rural county's narrow roads. The church's new lawsuit alleges that changes in county development regulations have been aimed specifically at the church's building project.

Vatican Envoy Addresses UN On Religious Freedom

Last Friday, the Vatican's permanent observer to the United Nations delivered an address to a committee of the General Assembly on religious freedom concerns around the world. He said: "we have come to a turning point in history which demands more of us, including a commitment to interreligious dialogue. At the same time, my delegation is increasingly convinced of the indispensable importance of reciprocity, which, by its very nature, is apt to ensure the free exercise of religion in all societies." Archbishop Celestino Migliore's statement (full text) marked the 25th anniversary of the adoption of the Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. The address was covered by Catholic Online.

British Band May Need License To Play Jingle Bells

In a twist from the usual complaints, a band in Cornwall, England may not be able to play Jingle Bells and other non-religious Christmas songs this year. The London Daily Mail reported last week that Britain's Licensing Act 2003 may require the Callington Town Band to obtain a costly license for each of its performances unless it falls within the Act's exemption for entertainment incidental to a religious meeting or service. The Caradon District Council's licensing department interprets this to mean that an exemption is available only if the band sticks to religious Christmas carols. If it plays White Christmas or Rudolph the Red Nose Reindeer, the band that raises hundreds of pounds for charity each year will need to have a temporary license for each of its seven Christmas programs that are to be presented in venues that do not have public licenses. South East Cornwall representative in Parliament, Liberal Democrat Colin Breed, who is trying to resolve the issue, said that the ruling was an unintentional consequence of the licensing regulations. He added, "It's just total nonsense.... Hopefully common sense will prevail."

Saudi Arabia Opens To Tourists-- With Religious Limitations

For the first time, Saudi Arabia will issue tourist visas to foreigners, according to a report from Reuters in today's Kaleej Times. In the past, only haj pilgrims and foreigners sponsored by Saudi residents could enter the country. Now 18 tour operators will be able to issue visas. However, non-Muslim tourists will not be able to visit the holy cities of Mecca and Medina. Alcohol will continue to be banned, and women visitors will be required to be covered from head to toe in public. However the country's ban on photography has been lifted, as the Supreme Commission of Tourism hopes to attract 1.5 million wealthy tourists by 2020. Already, the website of Saudi Arabian Airlines offers information about available tours.

Australian Catholic Church Skeptical Over Government Funding For Chaplains

In Australia, Prime Minister John Howard is backing a $90 million national school chaplaincy program. Under the program, both public and private schools will be able to apply for grants of up to $20,000 to employ chaplains who will promote values and mentor students. The Age yesterday reported that the originator of the proposal, Liberal MP Greg Hunt, says that church-state issues are avoided because acceptance of government money will be purely voluntary, as will be any student's decision to consult a chaplain. However Catholic school officials are expressing caution over provisions requiring federal government approval of chaplains who are hired. Catholic News today quotes the head of New South Wales Catholic Education Commission who calls a government veto over Catholic school staff "unprecedented".

More October Prisoner Free Exercise Cases

In Hills v. Epps, (5th Cir., Oct. 24, 2006), the U.S. Fifth Circuit Court of Appeals upheld a lower court ruling that a challenge to a Mississippi prison regulation regulating hair length was frivolous. Plaintiff prisoner wanted to wear dreadlocks for religious reasons.

Greybuffalo v. Frank, 2006 U.S. Dist. LEXIS 77238 (WD WI, Oct. 20, 2006), was an action for damages in which a Native American inmate alleged that his free exercise of religion was infringed when certain documents of his, allegedly religious in nature, were seized by prison authorities. The court ordered plaintiff to file an addendum to his complaint alleging the contents of the documents, how he used them to practice his religion, and the effect the taking of the documents had on his religious practice.

In Salahuddin v. Goord, (2d Cir., Oct. 27, 2006), the U.S. Second Circuit Court of Appeals reversed the district court's grant of summary judgment to prison officials and found that a Sunni Muslim prisoner had alleged sufficient facts to proceed with his Free Exercise and RLUIPA claims. Plaintiff Salahuddin alleged that Sunnis and Shi'ites were required to pray together; that while in disciplinary keeplock he was denied the opportunity to either attend holiday services or eat a holiday meal in his cell; and that the prison refused to provide a Muslim chaplain or have a copy of the Quran in its library.

In Gainer v. Cooper, 2006 U.S. Dist. LEXIS 77830 (SD GA, Oct. 13, 2006), a state prisoner claimed that his rights under the First Amendment and RLUIPA were infringed when prison authorities refused to permit him to participate in Ramadan observances. Prison officials argued that plaintiff is not a Muslim; however he is a member of the Nuwaubu faith that also observes Ramadan. While plaintiff's transfer to another prison mooted his claim for an injunction, a Georgia federal magistrate judge denied defendants' motions for summary judgment on plaintiff's RLUIPA claim and his First Amendment claim for nominal and punitive damages.

Bush's Faith-Based Policies Criticized

Thanks to Blog from the Capital for highlighting an article in the most recent issue of the New York Review of Books. Gary Wills writes a stinging review of President George W. Bush's policies titled A Country Ruled By Faith. His thesis, detailed in the article, is:

Bush promised his evangelical followers faith-based social services, which he called "compassionate conservatism." He went beyond that to give them a faith-based war, faith-based law enforcement, faith-based education, faith-based medicine, and faith-based science. He could deliver on his promises because he stocked the agencies handling all these problems, in large degree, with born-again Christians of his own variety.

Extending his critique to the Iraq war, Wills concludes:

There is a particular danger with a war that God commands. What if God should lose? That is unthinkable to the evangelicals. They cannot accept the idea of second-guessing God, and he was the one who led them into war.

Animal Rights Demonstrators Lose Establishment Clause Claim

In Deardorff v. Louisville/ Jefferson County Metro Government, 2006 U.S. Dist. LEXIS 78235 (WD KY, Oct. 20, 2006), a Kentucky federal district court rejected the claim of animal rights demonstrators that police violated the Establishment Clause by moving them away from the front of a church where they could be seen by cars entering the church's premises. The demonstrators believed that Kentucky Fried Chicken executives attended the church, and they wanted to reach those executives with their protest.

Archbishop of Cantebury On Regulation of Religious Symbols

Last week, upon his return from a trip to China, Rowan Williams, the Archbishop of Cantebury, published an of-ed column in the London Times titled A Society That Does Not Allow Crosses or Veils in Public Is a Dangerous One. The column comes after British political leaders have criticized the wearing of the Niqab by Muslim women. (New York Times, Oct. 22.) Reactions to William's column were reviewed in This Is London last Friday.

Vandalism Follows Teachers' Request To End School Board Prayer

Two teachers who requested the Crawford County, Georgia Board of Education to stop opening board meetings and new teacher orientations with prayer found that someone disagreed strongly with their proposal. The Macon (GA) Telegraph reported today the teachers found the tires on their cars slashed. The vandalism took place in the school board parking lot on the night of the October board meeting-- a meeting that, as usual, opened with a prayer. School officials say that prayer will continue, but they will comply with guidelines that call for prayers to be denominationally neutral. Presumably that means that the routine practice of mentioning Jesus by name in opening prayers will be changed.

Recent Articles and Books of Interest

From SmartCILP:

• Constance Frisby Fain & Herbert Fain, Sexual Abuse and the Church, 31 Thurgood Marshall Law Review 209-238 (2006).
  
• Jonathan Klick, Salvation As a Selective Incentive, 26 International Review of Law & Economics 15-32 (2006).
  
• A. G. Roeber, The Law, Religion, and State Making In the Early Modern World: Protestant Revolutions In the Works of Berman, Gorski, and Witte, 31 Law & Social Inquiry 199-227 (2006).
  
• 12th Annual International Law and Religion Symposium: Religion and the World's Legal Tradition. Articles [links to full text] by Rex J. Abdar, Louis-Leon Christians, Cornel W. du Toit, Carolyn Evans & Christopher A. Thomas, (Pakistan) Justice Tassaduq Hussain Jillani, Tahir Mahmood, Javier Martinez-Torron and Paul M. Taylor, 2006 Brigham Young University Law Review 619-836.

From SSRN:

• George W. Dent, Jr., Civil Rights for Whom?: Gay Rights versus Religious Freedom, (Sept. 2006).

Recent Books:

• Newt Gingrich, Rediscovering God in America, (Integrity Publishers, Oct. 2006).
  
• Andy Olree, The Choice Principle: The Biblical Case for Legal Toleration, (University Press of America, Aug. 2006).
  
• Michael L. Weinstein & Davin Seay, With God on Our Side: One Man's War Against an Evangelical Coup in America's Military, (St. Martin's Press, Oct. 2006).
  
  

Australians React To Muslim Cleric's Offensive Sermon

Support for Australian Prime Minister John Howard's proposal to require a pledge supporting Australian values by immigrants seeking citizenship was strengthened this week after a controversial sermon by an Islamic cleric in Australia. (Khaleej Times (Sunday).) Howard wants immigrants to show support for democracy, the rule of law and the equality of men and women. The controversial sermon (full text) was delivered by Sheikh Taj Aldin Al Hilali, Australia's most senior Muslim cleric. His Ramadan remarks, aimed at immodest dress, have been seen as blaming women for rape. He described women who did not wear a head covering as "uncovered meat", and said "If you take out uncovered meat and place it outside... and the cats come and eat it... whose fault is it, the cats' or the uncovered meat?"

Subsequently Hilali and his spokepersons have both tried to explain the remarks and have apologized for them, as leading Muslim women condemned the remarks. Australia's Sex Discrimination Commissioner, Pru Goward, said the comments could be an incitement to crime. (BBC News (Thursday).) In an effort to prevent further fallout, it was announced Friday that Hilali will not preach sermons for the next two to three months. (Baku Today (Friday).)

2 State Courts Assert Jurisdiction In Break-Away Church Land Disputes

In two recent cases, state courts have agreed that they can decide disputes over church property between break-away congregations and parent church bodies.

In Malankara Archdiocese of Syrian Orthodox Church in N. Am. v Thomas, (NY App. Div., Oct. 24, 2006), 3 judges on a New York appellate court held that a dispute over property ownership of church land can be resolved using neutral principles of law. When the Patriarch of the Syrian Orthodox Church replaced the Archbishop of the Archdiocese with a new Archbishop, who in turn replaced the vicar of St. Mary's Church, 29 members of St. Mary's signed a document stating that St. Mary's had resolved to be affiliated with the Malankara Orthodox Syrian Church. The court however affirmed the trial court's decision that the property belonged to the Archdiocese. Judge Spolzino dissenting argued that the case should be dismissed because it involves a doctrinal dispute that a civil court cannot adjudicate.

In a dispute in Tulsa, Oklahoma between Kirk of the Hills Presbyterian Church and the Eastern Oklahoma Presbytery of the Presbyterian Church (USA), an Oklahoma state district court has held that it can decide whether a church building on 10 acres of prime real estate was held in trust for the parent body or belongs to the local church. Friday's Tulsa World reported on the decision involving a claim by the church that the denomination was moving away from its biblical base and was lessening its opposition to gay clergy. While lifting a stay on state proceedings, the judge did order the local church to furnish the Presbytery the church's membership list.

New Religious Freedom Moot Court Competition

George Washington University Law School has announced that it is inaugurating the National GW Religious Freedom Moot Court Competition. Students from ABA accredited law school may participate in the competition that will be held in January 2007.

Cert. Filed In 9th Circuit Anti-Gay T-Shirt Case

The Alliance Defense Fund announced that this week it filed a petition for certiorari (full text) with the U.S. Supreme Court in Harper v. Poway Unified School District. In a 2-1 decision, the Ninth Circuit Court of Appeals held last April that a California high school could ban a student from wearing a T-shirt proclaiming: "Be Ashamed, Our School Embraced What God Has Condemned", and "Homosexuality Is Shameful". (See prior posting.) The cert petition argues that the decision is in conflict with those in other circuits.

Justice Department Cancels Controversial Religious Prison Program

The New York Times today reports that the Justice Department has cancelled plans for "Life Connections", a single-faith religious pre-release prison rehabilitation program that it proposed last March. (See prior posting.) Critics had argued that the program violated the Establishment Clause by funding indoctrination in the views of a particular religious faith.

Clergy Get Employment Protection In Britain

Britain's Employment Appeal Tribunal yesterday handed down a landmark case holding that clergy will be treated as employees of the church for purposes of bringing unfair dismissal cases. Reporting on the case, Personnel Today said that previously ministers were regarded British courts as appointed to a holy office, and not as employees. The decision in New Testament Church of God v. Stewart, (EAT, Oct. 27, 2006), relies on last year's House of Lords decision in Percy v Church of Scotland Board of National Mission, [2006] IRLR 195, in reaching its conclusion. (See prior posting.)

Controversial Mozart Opera Will Be Performed

Playbill Arts reported yesterday that the Deutsche Oper Berlin has announced it will produce Mozart's Idomeneo after all. The production was cancelled last month due to fears of violent reaction to the scene depicting the severed head of the Prophet Muhammad. (See prior posting.) However, Berlin police have now said that there is no "concrete danger" to the opera company if it revives the production.

Suit Against Air Force Academy Dismissed Without Reaching Merits

A New Mexico federal district court yesterday dismissed a suit by several recent Air Force Academy graduates, the father of a currently enrolled cadet, and an Air Force recruiter. The suit, originally filed by Academy alum Mikey Weinstein, claims that the Air Force Academy has a policy of evangelizing and proselytizing cadets, that the the Air Force's Interim Guidelines on Free Exercise of Religion were unconstitutional and that recruiters are both subject to religious proselytization and proselytize recruits. (See prior postings 1, 2 .)

In Weinstein v. United States Air Force, (D NM, Oct. 27, 2006) the court found that some of the plaintiffs lack standing because they have graduated from the Academy. As to others, they "do not allege ... that there is 'a real and immediate threat' that they will have 'personal contact' with the alleged Establishment Clause violations...." The Air Force recruiter's claims were barred on several grounds, including statute of limitations, failure to exhaust administrative remedies and the speculative nature of future injuries. Plaintiffs' attempt to obtain a declaratory judgment on the constitutionality of the Air Force Guidelines was dismissed because of delay in seeking to add the claim.

Claims against the Secretary of the Air Force were dismissed without prejudice. The court suggested that any future suit raising the same claims probably should be filed in federal court in Colorado, Virginia, or Washington, D.C. instead of New Mexico. The Air Force Times covers the story.

Court Denies Enlisted Doctor Conscientious Objector Status

Earlier this month, a Boston anesthesiologist successfully claimed conscientious objector status and avoided being ordered to active military duty. A Massachusetts court decided she should be discharged, with her agreeing to repay, with interest, the money the government spent on her medical education. Now it turns out that her attorney, within days, also sued on behalf of two other anesthesiologists who are seeking conscientious objector status allegedly developed after their enlistments. Yesterday's Detroit News reports that Detroit federal judge Avern Cohn has sided with the army and rejected the CO application of one of them, Dr. Ryan Hae Kwon, a Christian who was born in South Korea and who moved to Hawaii as a child. Major David M. Wilson, who investigated Kwon's claim for the Army, said Kwon developed sincere beliefs against war over the course of a year after seeing accounts and photos of events in Iraq. The army, however, said that it is short on anesthesiologists.

Amish Couple Challenge USCIS Photo Requirement

Immigration rules of the U.S. Citizenship and Immigration Services require that applicants for permanent residency in the United States file, as part of their paper work, two photos. In Pittsburgh, according to an Associated Press report published today, an Amish couple has filed suit challenging the requirement on religious grounds. Old Order Amish interpret the Biblical commandment against making "graven images" as prohibiting photos. The government, because of increased terrorism concerns, has ended its past practice of waiving the photo requirement for religious objectors. However, the couple's attorney is asking for a waiver so the husband, who is a Canadian citizen, can remain in the U.S. and eventually apply for U.S. citizenship. The couple has filed the lawsuit anonymously because they could be excommunicated from their Amish community for violating its principles of non-resistance if the community learned of the suit.

Danish Court Dismisses Defamation Suit Against Jyllands Posten For Cartoons

Yesterday in Aarhus, Denmark, the City Court dismissed a defamation suit that had been brought by seven Danish Muslim groups against the Jyllands-Posten for publishing now-infamous caricatures of the Prophet Muhammud last year. Yesterday's London Times says that the Danish court found that while the cartoons may have been offensive to some Muslims, there was no evidence that the paper had intended to insult the Prophet or mock the Islamic religion. When it published the cartoons, the Jyllands-Posten said its purpose was to challenge perceived self-censorship among artists who were afraid to offend Islam.

The court's dismissal of the defamation action immediately generated criticism in the Middle East (International Herald Tribune) and Pakistan (Examiner).

Muslim Taxi Drivers At Minneapolis Airport In Inter-Communal Fight

Last month, the media reported widely on steps being taken at Minneapolis-St. Paul International Airport to provide for Somali Muslim cab drivers to avoid picking up passengers who are carrying alcohol. (See prior posting.) Yesterday's Minneapolis Star Tribune carried a fascinating article suggesting that the matter is even more complex that it first appeared. Apparently neither Somali culture nor religious tradition bans carrying alcohol for people as part of a commercial enterprise. Instead, it appears that the initiative to focus on the taxi issue originated in a fatwa issued in June by the Minnesota chapter of the Muslim American Society (MAS). That group however is made up of Arab Muslims, not African Muslims. So this is apparently part of a struggle within the Islamic community in Minnesota in which the MAS is attempting to use the more vulnerable Somali community to rally support for its Middle East agenda.

Religious Remarks To Jewish Audience At Candidate Forum Backfire

In Arizona, attempts by a spokesman for Baptist Congressman J.D. Hayworth to appeal to the religious beliefs of voters has backfired, according to an article in this week's Forward. Jewish religious law generally permits abortion to protect the life or health of the mother. The National Council of Jewish Women (NCJS), supports abortion rights more broadly. Jonathan Tratt, a Jewish spokesman for Hayworth appearing at a candidates' forum sponsored by the Arizona Section of NCJS, defended Hayworth's anti-abortion stance by arguing that the Baptist congressman was “a more observant Jew” than the audience members. This led to a walk-out by many of those present.

Any Problem With Polling Places In Churches?

An article in yesterday's Salem, Virginia Times-Register raises the question of whether locating polling places in churches creates any Establishment Clause issue. It says that in past years, a number of churches objected to being used as voting locations out of concern about government intrusion into religion.

Israeli Government Sued By Individuals Required To Go Abroad For Marriage

Israelis attempting to effect a change in their country's law to permit civil marriages have devised a new tactic. The Association for Rights of Mixed Families (ARMF) has filed suit in Haifa's Magistrate's Court on behalf of two couples who had to travel abroad to marry. Where a Jew is marrying an individual who is not Jewish under halacha (Jewish law), or where the individuals marrying have no religion, there is no way for them to celebrate a wedding in Israel. Today's edition of Haaretz reports that the plaintiffs in the lawsuits are seeking damages for their wedding costs, and for humiliation and discrimination caused by the state's negligence in failing to provide a way for them to marry inside Israel. ARMF plans to file 10 to 15 similar suits, and hopes that they will be consolidated for a single hearing.

Florida Supreme Court Avoids Decision In Wiccan Challenge To Sales Tax Exemption

Yesterday the Florida Supreme Court issued an opinion avoiding a definitive decision in a case challenging the state's sales tax exemption for religious publications and various ceremonial objects. A Wiccan group had challenged the constitutionality of the exemption. (See prior posting.) The Florida Supreme Court had agreed to review the appellate court's dismissal of the suit on standing grounds, assuming that it was in conflict with other Florida cases on taxpayer standing. However in Wiccan Religious Cooperative of Florida v. Zingale, (FL Sup. Ct., Oct. 26, 2006), after oral argument, the Supreme Court concluded that the court of appeals' dismissal of the suit did not actually involve taxpayer standing, but instead was based on the conclusion that the Wiccan group had itself benefited from the exemption it was challenging. The Supreme Court was then required to dismiss the appeal since its only basis for review was Florida Rules of Appellate Procedure, Rule 9.030(a)(2)(A)(iv), that permits a discretionary appeal when a court of appeals decision directly conflicts with a decision on the same question of law by another court of appeal or the supreme court. Yesterday's Bradenton (FL) Herald reported on the decision.

Wisconsin City Opens Square For December Religious Displays

Racine, Wisconsin's city council last week decided to deal with Christmas by opening the town square for a coalition of churches to put up a nativity scene, and similarly allowing other religious groups to erect their displays during the same 4-week period around Christmas. Yesterday's Racine Journal Times reported that the 14-1 city council vote (that must be repeated next month because of a noticing error) repudiates attempts by a local man to get the city itself to put up a creche.

Court Approves New Trust Terms To Privatize FLDS Property

The Salt Lake City (UT) Deseret News reports that in a long-awaited move, a Utah judge on Wednesday signed an order reforming the terms of the UEP Trust that was set up by Warren Jeffs, former leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, to hold the property on which his church members-- many of them in polygamous relationships-- lived. The court's plan will ultimately privatize property in Hildale, Colorado City, and Bountiful, British Columbia, and will create "spendthrift" trusts to temporarily place UEP's assets under the control of a trustee. To avoid involving the new trust in illegal activity, it will not inquire whether anyone living on UEP land is practicing polygamy. Authorities fear, however, that FLDS members will resist the changes as their former leader Warren Jeffs has urged. (See prior related posting.)

Florida Appeals Court Again Orders Release of Convicted Midwives

Last week a Florida trial judge essentially defied the ruling of a state court of appeals and refused to release on bond two women who had been convicted of acting as midwives without a license. The court of appeals had held that the women had a reasonable religious freedom defense, and so were entitled to bond pending appeal. (See prior posting.) Yesterday in McGlade v. State of Florida, (FL Ct. App., Oct. 25, 2006), the court of appeals again held that the women were entitled to be released on bond and appointed a different judge as the court of appeals' commissioner to recommend appropriate conditions for the post-trial release of the women. Today's Sarasota (FL) Herald Tribune reports on the court's decision.

Mississippi: Differential Penalties Create No Establishment Problem

In Dimaio v. State of Mississippi, (MS Ct. App., Oct. 24, 2006), a Mississippi court of appeals this week found no Establishment Clause problem with state statutes that set the penalty for burglary of a place of worship at twice the length of the penalty for other burglaries. The court said: "The fact that the statutes in question provide harsher penalties for crimes committed in places of worship does not amount to government endorsement of religion. Rather the harsher penalties reflect a common view that crimes committed in places of worship are more repugnant to the community. Accordingly, we find it unnecessary to conduct a full Lemon test analysis, since it is clear from the face of the statutes that they do not represent government endorsement of religion."

Governments Focus On Jewish Divorce Issue

Should government assist Orthodox Jewish women whose husbands have refused to grant them a religious divorce ("get")? Known as an "agunah", a woman who has not received a get from her husband is precluded from remarrying under Jewish law. In Canada, the Supreme Court has agreed to hear an appeal in a case of a woman seeking damages from her husband for withholding a get. Before they married, Jessel (Jason) Marcovitz of Montreal signed an agreement that if a civil divorce was granted in his marriage to Stephanie Bruker, he would appear before a rabbinic court to grant his wife a get. When Jessel refused for 15 years to carry out this agreement, Stephanie sued in civil court. The trial court awarded Stephanie $47,500 in damages for breach of contract. However in September 2005, a Quebec appellate court held that civil courts could not enforce a contract that requires an individual to engage in a religious act. (See prior posting.) Today's Canadian Jewish News reports that the Canadian Civil Liberties Association is intervening in the appeal to the Supreme Court because of the importance of the case in deciding how religious practices and obligations are treated by the courts.

Meanwhile, in Israel a committee of the Knesset has created an advisory committee that will focus on the plight of the agunah. Arutz Sheva reported yesterday that the parliamentary Committee for the Advancement of Women has created the committee to consult with the Chief Rabbinate, rabbinical courts, advocacy organizations and Knesset members.

Accommodating Muslims Seen By Some As Anti-Christian

At various places around the United States, arguments are beginning to surface that attempts to accommodate Muslims in fact amount to anti-Christian discrimination. Cincinnati, Ohio's WCPO yesterday reported that some Mason, Ohio residents complained that Mason High School was discriminating against Christian students when it made noon-time office space available to two Muslim students during Ramadan so that they could avoid being in the cafeteria while they were fasting. A Mason school board member argued that this was part of a pattern of forcing Christianity out of the school hallways. Other examples she cited were the renaming of "Easter Break" as "Spring Break"and the banning of nativity scenes on school property.

Meanwhile, the Thomas More Law Center objected to sensitivity training regarding Ramadan given to U.S. military personnel in Iraq. Agape Press yesterday reported that Edward L. White III, trial counsel for the Center, says that the courts, the schools, and even the military are favoring religions that do not represent the values and traditions of America.

Polygamy In Canada and U.S.-- New Perspectives

Canada's Department of Justice has recently issued a report titled Polygyny and Canada's Obligations under International Human Rights Law. [Note: "Polygyny" is the correct technical term when referring only to men taking multiple wives. The more common term "polygamy" encompasses both polygyny and polyandry.] Described in the Oct. 25 issue of Today's Family News, the report, written by University of Toronto law professor Rebecca Cook, contends that Canada is violating international human rights law by failing to enforce its legal prohibitions on polygyny. In particular, various human rights treaties to which Canada is a party prohibit discrimination of any kind against women. Responding to the argument that the prohibition of polygamy would violate the protection of religious freedom found in Canada's Charter of Rights and Freedoms, the report noted the distinction between regulating beliefs and regulating religious practices: "While Canada is not entitled under international law to restrict religious belief, it is entitled and in fact obliged in some circumstances to restrict religious practices that undermine the rights and freedoms of others."

Meanwhile in Utah, Communities In Harmony-- an organization of groups that practice polygamy-- has sent out questionnaires to candidates running for political office in Utah seeking their views on polygamy. The organization then rated the candidates for Congress, the Utah Legislature, the judiciary and Salt Lake County district attorney as either "open minded" or "negative". A report by the Associated Press yesterday says many candidates failed to respond to the poll. Wednesday's Salt Lake Tribune also has a story on the poll, and has linked to the Voter Guide online.

Idaho City Will Vote On 10 Commandments Display

In the upcoming November 7 election in Boise, Idaho, voters will be asked to cast ballots on a referendum to approve building a new Ten Commandments monument in the city's Julia Davis Park. KBCI2 TV News yesterday reported that the Interfaith Alliance of Idaho, made up of local leaders from Islamic, Buddhist and several Christian denominations, gathered on the steps of city hall to announce their opposition to the new monument. For some of them, the concern was that the move would open the park for other monuments as well. Others articulated religious arguments against placing the monument on public property.

Prince Charles Wants Second Interdenominational Coronation

According to a report yesterday from This Is London, Britain's Prince Charles wants to make changes in the traditional coronation ceremony when he becomes king. Some time after the formal Christian coronation ceremony in Westminster Abbey, Charles wants a separate interdenominational ceremony in Westminster Hall to acknowledge Britains of other religious faiths. This is consistent with a proposal made some month ago by Lord Carey, the former Archbishop of Cantebury. Prince Charles also rejects the precedent created at his mother's Coronation when television cameras were required to withdraw during certain sacred parts of the Coronation ceremony.

Conflict of Interest Charges In Wake of Christian Band Dispute

An article in this morning's Toledo (OH) Blade reviews the complex aftermath of what began as a straight-forward church-state dispute over the appearance of a Christian rock band at a Rossford, Ohio high school assembly. After Rossford school administrators cancelled the band's performance, fearing church-state problems, the band unsuccessfully sued in federal district court alleging religious discrimination. An appeal to the 6th Circuit is pending, but a divided Rossford school board voted not to spend money to defend its position in the appeal. School Superintendent Luci Gernot, however, opposes entering any settlement with the band, known as Pawn.

Whatever the outcome of the litigation, all of the publicity has been good for the band. It is getting more gigs and charging more for each appearance. Meanwhile the controversy has led to charges of conflict of interest among school board members. The father of band member Kyle Kleeberger-- who was also until recently the band's unpaid manager-- is on the Rossford school board. Kyle did not join in the band's lawsuit, but his father, David, has continued to vote on issues concerning the band. Michael Spahr was a member of the school board until recently. His son had been a member of Pawn until 2003. Meanwhile, the secular band that was picked to replace Pawn at the school assembly was Blind Ambition-- a group led by Kevin McAlear, whose father Mike managed the band and was also a member of the Rossford school board.

Richard Hotz, a former Rossford school board member, said: "The matter was never a religious issue to begin with - it was more about David Kleeberger wanting his son's band to get exposure." Kleeberger denied this, saying his goal was to "open religious thought" to the school.

Rally Supports Tennessee School's Religious Activities

In Mt. Juliet, Tennessee, 800 people turned up yesterday for a prayer rally to support Lakeview Elementary School and the Wilson County School District. The school is defending a suit brought by the ACLU challenging religious activities such as the "Praying Parents" group that meets in the school cafeteria during school hours and drops off fliers in classrooms to let children know the group has prayed for them. (See prior posting.) The Tennessean reports that yesterday's rally caused a 2.5 mile traffic jam. Today's Tennessean interviewed Stephan and Susan Scappaticci, parents who attended the rally. Stephan said: "we're very pleased that our children are in a school with a largely Christian staff and Christian parents who are praying." And Susan added: "We don't feel they have done anything to indicate that they're Christian other than showing kindness and things that anybody could promote, things that make the world a better place and that has a better place to have a positive effect on our children."

"Eruv" Project Faces Environmental Concerns

The California Coastal Commission finds itself in the middle of an unusual conflict between Orthodox Jews and environmentalists, according to an AP story carried yesterday by the San Diego Union-Tribune. Families that attend an Orthodox synagogue on Venice Beach's boardwalk are seeking permission to build an eruv, a symbolic enclosure that would permit them under Jewish law to carry objects and push strollers and wheel chairs to synagogue on the Sabbath when various activities otherwise are prohibited. The $20,000 project would entail stringing 200-pound test fishing line along four miles of beach front between lamp posts and steel poles above 19 welcome-to-the-beach signs. A major problem, however, is that the line would run near a nesting area for dozens of endangered California least terns. Proponents suggest hanging reflective streamers on the string in this area so the birds will not run into it.

Mark Massara, director of the Sierra Club's California Coastal Program, criticizes the proposal that he says allows public property to be used for religious purposes. Coastal Commission staff is considering approval of the eruv for a three-year trial period.

Court Invalidates Canada's Definition of Terrorism

Yesterday, an Ontario Superior Court of Justice decision struck down a key provision in Canada's anti-terrorism law. In Queen v. Khawaja, (Ont. Super. Ct. Justice, Oct. 24, 2006), Justice Rutherford held that the law's definition of "terrorist activity" violates Sec. 2 of Canada's Charter of Rights and Freedoms that protects freedom of religion, thought, belief, opinion, expression and association. The provision at issue, Sec. 83.01(1)(b)(i)(A) of Canada's Criminal Code limits prohibited conduct to activity that is undertaken "in whole or in part for a political, religious or ideological objective or cause". The court said that this definition will focus investigative and prosecutorial scrutiny on political, religious and ideological beliefs and will have a chilling effect on the exercise of protected rights. Relying on writings by academics, the court said that this definition will lead to "the shadow of suspicion and anger falling over" those connected with groups identified with particular terrorist acts.

The court pointed out that one of the purposes of the clause in question was to limit the range of activities that would otherwise be covered by the act. However, the court said, this justification is outweighed by the freedoms-infringing impact of the provision. The court held that the act should be applied as if this clause did not exist. The Toronto Globe & Mail, covering the decision yesterday, pointed out that it will likely make it easier to obtain convictions under the act. Yesterday's New York Times article on the case quotes Lawrence Greenspon, lawyer for defendant Mohammed Momin Khawaja, a Canadian-born software developer who was charged in connection with a bomb plot, as saying that the definition of terrorism as a politically or religiously motivated crime has led to abuses by police and intelligence officers. He added, "That's why they're knocking on Muslim Canadians' doors and questioning and detaining people who are Arab or followers of Islam."

Newdow's Libel Suit Survives SLAPP Motion

Yesterday in Newdow v. Miles, (CA Ct. App., Oct. 24, 2006), a California appellate court rejected a motion to dismiss a libel action filed by Michael Newdow against Austin Miles, an"interdenominational chaplain", growing out of statements made by Miles in an Internet posting. Miles claimed that Newdow committed perjury in Newdow's lawsuit challenging the constitutionality of the phrase "under God" in the pledge of allegiance. Newdow says that the testimony attributed to him was fabricated by Miles. Miles moved to dismiss the lawsuit under California' SLAPP law that is designed to prevent using defamation actions to silence speech on controversial public issues. The court found that Newdow had made a sufficient prima facie showing of facts that support his claim to avoid dismissal under the statute. [Thanks to How Appealing for the lead.]

Intelligent Design An Issue In Iowa Lt. Governor Race

In Iowa, the teaching of Intelligent Design in public school science courses has become an issue in the race for Lieutenant Governor. Today's Des Moines Register reports that Republican Lt. Gov. candidate Bob Vander Plaats has publicly supported the teaching of intelligent design along with evolution in public schools. 35 faculty, students and others from several Iowa universities have signed a letter sent to the media opposing Vander Platts' position. Drafted by Hector Avalos, a religion professor at Iowa State University, the letter says: "we see intelligent design as a faith-based claim that is being misrepresented as a scientific one."

Nuns Risk More Jail For Refusing To Pay Restitution To Air Force

In Denver, Colorado, a federal judge has rejected a proposal by three nuns that they be excused from paying restitution to the U.S. Air Force for damage they caused in a demonstration against U.S. nuclear policy. According to this week's Denver Post, Sisters Ardeth Platte, Carol Gilbert and Jackie Hudson, who have already served substantial prison time for obstructing national defense and damaging government property, seek to engage in community service work instead of paying $3,082 for the damage they caused in cutting through a chain link fence at a missile silo. The nuns object on conscientious grounds to paying any money to the military because of the uses the military would make of the funds. That refusal may mean they are returned to jail. [Thanks to How Appealing for the lead.]

Intelligent Design An Issue In Ohio School Board Races

This morning's Toledo Blade covers the somewhat differing views on the teaching of intelligent design held by the four candidates running in a non-partisan contest for a vacant north-central Ohio seat on the State Board of Education. John Bender (a registered Democrat) believes that intelligent design has no place in science classes. He is supported by outgoing term-limited board member Martha Wise. Candidate Roland Hansen, an independent, favors alternatives to evolution being taught in optional courses. Candidate Ken Ault says he is undecided on the issue. And candidate Kathleen McGervey, a registered Republican and former parish religious school teacher, says: "The scientific facts that support evolution should be taught and the scientific facts that call it into question should be taught and it should be done in science [classes] because they are scientific arguments."

Five of the eleven elected seats on the 19-member board are being decided in next month's election, and intelligent design is an issue in other districts as well. (See prior posting.) Intelligent design has been hotly debated in recent years by the state board.

Dispute At U of Tennessee On Student Funds For Christian Band

At the University of Tennessee at Martin, a controversy has erupted over the use of Student Activities Council (SAC) funds to sponsor last night's concert by the Christian band Sonicflood. Today's issue of The Pacer reports that the band was brought to campus after student government president James Orr encouraged the campus ministries to request SAC sponsorship of the program. Adam Francis, a senior philosophy major, questioned the constitutionality of using $10,000 of student funds for the concert by starting a group on the social networking website Facebook captioned "Why is UTM using my money to book a Christian band?"

RLUIPA Dispute Brewing Over Expansion of California Synagogue

Yesterday's San Francisco Chronicle reported on a threatened lawsuit under RLUIPA in a dispute over the expansion of the sole synagogue in wealthy Marin County, California. In May, the Town of Tiburon Planning Commission denied congregation Kol Shofar's application for a conditional use permit. (Minutes of May 10 and May 31 Commission meetings.) An appeal to the Town Council followed, and a decision is expected on Nov. 15. The building expansion, which may cost up to $15 million, is opposed by neighbors who claim it will increase traffic and noise and provides inadequate parking. [Thanks to both Eric Rassbach and Steven H. Sholk for sending information on this.]

UPDATE: Wednesday's San Francisco Chronicle reports on the hearing held Tuesday night by the Tiburon Town Council to discuss the Planning Commission's recommendation. The hearing pitted two high profile First Amendment lawyers against each other. Derek Gaubatz, director of litigation for the Becket Fund represented Congregation Kol Shofar, while law professor Marci Hamilton represented the synagogue's neighbors who are objecting to its expansion plans.

President's Statement On Eid al-Fitr

Yesterday the White House released a statement by President Bush extending best wishes to Muslims in the United States and around the world who are celebrating Eid al-Fitr, the end of Ramadan. The White House website has a page devoted to Ramadan, which also contains links to the President's statement on the beginning of Ramadan and his statement at an Iftaar dinner at the White House on Oct. 16.

New Civil Marriage Bill Proposed In Israel

Israel's government plans to introduce into the Knesset a limited civil marriage bill according to reports yesterday by the Jerusalem Post and Y-Net News. The bill, drafted by Justice Minister Meir Sheetrit, will permit civil marriage in Israel only between Israeli citizens who are defined as non-Jews according to Orthodox Jewish law and who do not belong to any other religion. It will have the odd effect of requiring individuals to prove that they are not Jews in order to take advantage of the bill's provisions. The new law will not permit civil marriages between Jews and non-Jews, nor will it permit Jews to marry in Israel in ceremonies performed by Conservative or Reform rabbis, or by civil authorities. The move comes as part of an agreement for Avigdor Lieberman's Yisrael Beitenu Party to join the Kadima-led coalition government. (Y-Net News.)

The main beneficiaries of the new law will be many Russian immigrants to Israel who cannot prove to rabbinic authorities that they are Jewish under Orthodox rabbinic standards. This approach has the backing of Chief Rabbi Shlomo Amar and the Shas religious party, since it does not conflict with Jewish religious law. However some rabbis fear that this is merely a first step to permitting civil marriages between Jews and non-Jews.

Court Approves Settlement Of West Virginia School Jesus Portrait Suit

The high profile lawsuit in Harrison County, West Virginia over a portrait of Jesus that had hung for many years in Bridgeport High School came to a quiet end last Wednesday as a federal judge approved a settlement submitted by both parties-- but whose text has apparently not been publicly released. (West Virginia Record, Oct. 19). Both parties, represented respectively by the Alliance Defense Fund (release) and the Americans United announced two weeks ago that they had reached a settlement. The only description of it was in AU's press release: "The settlement today ensures that the school board will not allow a display of Sallman's 'Head of Christ' or unconstitutional displays of 'any pictures, paintings, posters, prints, statues, carvings, or other items with religious content' at Bridgeport High School. " An Oct. 6 letter to the editor of the Huntington (WV) News by the lone dissenter on the school board was equally cryptic. He said that the settlement did clarify some important points and indicated that he would back the full board's decision, even though he had voted against it. He also indicated that funds that had been donated for the school's legal defense would be returned to donors. He promised that the Alliance Defense Fund would release a summary of the settlement in the coming weeks, but so far there appears to be no sign of that release.

UPDATE: I now have a copy of the Consent Judgment (thanks to Ed Brayton). In exchange for plaintiffs dropping the suit and making no claim for attorneys' fees or expenses, the school system agreed that it:

will not restore the Head of Christ portrait or another copy of that portrait to Bridgeport High School. Nothing in this agreement will preclude the adoption of a textbook or other professionally published curriculum-related material that includes a reproduction of the portrait, so long as [it] ... is selected for constitutionally valid secular purposes and in accordance with Defendants' normal policies and practices.

... any pictures, paintings, posters, prints, statues, carvings, or other items with religious content displayed by, or under the authority or direction or with the approval or endorsement of, the Defendants acting in their official capacities will be displayed only: (a) for constitutionally valid secular purposes ...; and (b) in accordance with the Defendants' educational mission....

Nothing in this agreement will ... prevent individual Bridgeport High School employees or staff from possessing, displaying, or using religious items in their personal work areas ... in a manner consistent with relevant court decisions and statutory law.

New Study of Pentacostals and Charismatics

The Pew Forum on Religion & Public Life earlier this month released a new ten-country survey of Pentacostals and Charismatics titled Spirit and Power. The report says: "Renewalist Christians' strong focus on the supernatural has led to the widespread perception that the movement is largely apolitical in outlook. Although renewalists are focused on spiritual matters, many also say there is a role for religion in politics and public life. In nine of the 10 countries surveyed, for instance, at least half of pentecostals say that religious groups should express their views on day-to-day social and political questions; support for this position is equally widespread among charismatics. In every country surveyed, furthermore, renewalists are at least as likely as others to express this view." This week's Christian Century discusses the study.