This week saw developments in two ongoing controversies involving the government of India's relationship with disparate religious groups.
IANS reports that on Monday, the Delhi High Court notified the government of a suit that has been filed challenging government subsidies given exclusively to Haj pilgrims. The suit asks that other religions get similar treatment. It seeks grants for Hindus for their pilgrimage to Amarnath and Mansarovar, for Sikhs for their pilgrimage to Nankana Saheb, for Buddhists to offer prayers at Sarnath, for Christians for their journey to Rome, and for Jains to visit their shrines. The suit argues that Articles 14, 15 and 17 of the Indian Constitution prohibits the government giving benefits to one particular religion. A challenge to Haj subsidies was filed in the Allahabad High Court in Uttar Pradesh earlier this year. (See prior posting.)
Meanwhile The Hindu reports that on Monday, in an unruly session of Uttar Pradesh's Assembly, the government introduced a resolution demanding an amendment to the country's Constitutional (Scheduled Caste) Order, 1950 to include Dalit Muslims and Dalit Christians, along with Dalit Hindus, in the "Scheduled Caste" category entitled to special benefits. This would involve deleting Section 3 of the Order. Proponents claim that denial of benefits to Dalit Muslims and Christians violates Articles 14, 15 and 16 of the Constitution.
Tuesday, December 05, 2006
Controversial Science Policy In A Louisiana School System
The Associated Press reported last week that the Ouachita Parish, Louisiana school board has adopted a controversial new policy on the teaching of science. The policy says that the district "understands that the teaching of some scientific subjects such as biological evolution, the chemical origins of life, global warming and human cloning, can cause controversy and that some teachers may be unsure of the district's expectations concerning how they should present information on such subjects.... [Therefore]teachers shall be permitted to help students understand, analyze, critique and review in an objective manner the scientific strengths and weaknesses of existing scientific theories pertinent to the course being taught." Barry W. Lynn, executive director of Americans United for Separation of Church and State, says this is an invitation for teachers to talk about creationism and intelligent design. [Thanks to Wall of Separation for the lead.]
Court Says Chabad Can Pursue Russian Government For Manuscripts
Yesterday a federal district court in Washington, D.C. gave a significant-- but not total-- victory to a Chabad organization in its efforts to get back collections of its Jewish religious books and manuscripts that fell into the hands of the Soviet Union during the 1917 Bolshevik Revolution and then were the subject of extensive legal proceedings in the Soviet Union. In Agudas Chasidei Chabad of United States v. Russian Federation, (DDC, Dec. 4, 2006), the court held that the Foreign Sovereign Immunities Act is not a bar to Chabad's suit to recover the so-called "Archive"-- 25,000 pages of Chabad Rebbes' handwritten teachings, correspondence, and other records. The expropriation exception to FSIA applies because the Archive was taken in violation of international law by the Nazis in Poland during World War II, and then seized by the Soviet Army from the Nazis in 1945, again in violation of international law.
However the court did dismiss Chabad's attempt to also recover its "Library" -- a collection of 12,000 books and 382 manuscripts that date back to 1772. Both FSIA and the act of state doctrine preclude the court from having jurisdiction over this claim because taking of the Library, which took place in the 1920s, did not violate international law.
The New York Sun and the Associated Press cover the decision. The AP report says that Chabad is delighted with the decision. Its main concern was the Archive. The Library apparently is being preserved in Russia by the Russian government under an agreement it made with the U.S. in 1993, though Chabad charges that Russia is not complying with its obligations under the agreement. Bloomberg yesterday, however, reported that Chabad is considering whether to appeal this part of the court's decision
However the court did dismiss Chabad's attempt to also recover its "Library" -- a collection of 12,000 books and 382 manuscripts that date back to 1772. Both FSIA and the act of state doctrine preclude the court from having jurisdiction over this claim because taking of the Library, which took place in the 1920s, did not violate international law.
The New York Sun and the Associated Press cover the decision. The AP report says that Chabad is delighted with the decision. Its main concern was the Archive. The Library apparently is being preserved in Russia by the Russian government under an agreement it made with the U.S. in 1993, though Chabad charges that Russia is not complying with its obligations under the agreement. Bloomberg yesterday, however, reported that Chabad is considering whether to appeal this part of the court's decision
City Operation Of Music From Church Steeple Challenged
In Jewett City, Connecticut, the state chapter of American Atheists is complaining about a loud speaker and CD player that was installed by the borough in the steeple of a Baptist Church located on the town's main street. The New London (CT) Day reported on the controversy last week.
Ten years ago, the town spent some unused grant monies for the equipment that is used to play music each hour, and to broadcast church bells on each quarter-hour. The town, and not the church, is responsible for the equipment and the choice of music. Most of the music played in non-religious. However, at the request of the borough treasurer, the nine o'clock selection each morning is Onward Christian Soldiers. And in the winter, religious Christmas songs are included in the repetoire. Some residents are concerned that the volume of the music is too loud. But American Atheists is concerned with the church-state issues in the town's operation of the equipment. It wants the town to sell the equipment to the church and have the church take control of the music. However the church is not interested.
Ten years ago, the town spent some unused grant monies for the equipment that is used to play music each hour, and to broadcast church bells on each quarter-hour. The town, and not the church, is responsible for the equipment and the choice of music. Most of the music played in non-religious. However, at the request of the borough treasurer, the nine o'clock selection each morning is Onward Christian Soldiers. And in the winter, religious Christmas songs are included in the repetoire. Some residents are concerned that the volume of the music is too loud. But American Atheists is concerned with the church-state issues in the town's operation of the equipment. It wants the town to sell the equipment to the church and have the church take control of the music. However the church is not interested.
Monday, December 04, 2006
Russia Sues In French Court Over Church Ownership
Interfax reports today that the Russian government has filed suit in a French court to confirm that the Russian State is the only legitimate owner of the land under the Russian Orthodox St. Nicholas Cathedral in the French city of Nice. In the petition filed on November 13, the Russian government also claims ownership of the church's facilities and property. Sergey Parinov, press secretary of the Russian embassy in France, said the dispute is purely a property dispute and has nothing to do with the relations between the Patriarchates of Moscow and Constantinople.
Church Filings Call Bona Fides Of Ordinations Into Question
Sunday's Arizona Daily Star chronicles a convoluted and unusual legal issue that has surfaced as two factions fight for control of the Universal Life Church Monestary and its assets. Through its website, the Monestary offers instant and free ordination as a minister. It claims to have ordained over 20 million individuals. Now, however, the bona fides of some of those ordinations are in question because the website has been run since August 1 by George Freeman, who is not legally an officer of the church.
The church's true CEO, Daniel Zimmerman, claims control of the church and its website has been improperly taken by Freeman (who once ran a Seattle church known by some as a nightclub where teens could find group sex and drugs). In February, Freeman filed papers with the Arizona Corporation Commission stating that the non-profit corporation's board of directors voted to remove Zimmerman as CEO because he engaged in "fraudulent conduct," conducted himself in a manner unbecoming a board member, and because of a recent arrest. Subsequently the Corporation Commission decided that Freeman's documents were "accepted in error" and they were returned to him. This means that Zimmerman is recognized as CEO as a matter of legal record.
Online requests for ordination after Aug. 1, however, were processed by Freeman. Since he is no longer recognized by the Arizona Corporation Commission as an officer of the church, these ministers may not have been legally ordained. That apparently places the validity of some of the marriages they performed in doubt. Zimmerman says it also places "the baptism of countless babies is at risk", although it is not exactly clear what that means.
Of course, it may be that the heart of the dispute here is the church's real estate, its $129,000 in cash, and the value of sales of ministerial supplies and materials it offers through its website (allegedly worth $15 million). Zimmerman is apparently willing to give up legal control of the church if he gets a retirement package worth several hundred thousand dollars that he says was promised to him.
The church's true CEO, Daniel Zimmerman, claims control of the church and its website has been improperly taken by Freeman (who once ran a Seattle church known by some as a nightclub where teens could find group sex and drugs). In February, Freeman filed papers with the Arizona Corporation Commission stating that the non-profit corporation's board of directors voted to remove Zimmerman as CEO because he engaged in "fraudulent conduct," conducted himself in a manner unbecoming a board member, and because of a recent arrest. Subsequently the Corporation Commission decided that Freeman's documents were "accepted in error" and they were returned to him. This means that Zimmerman is recognized as CEO as a matter of legal record.
Online requests for ordination after Aug. 1, however, were processed by Freeman. Since he is no longer recognized by the Arizona Corporation Commission as an officer of the church, these ministers may not have been legally ordained. That apparently places the validity of some of the marriages they performed in doubt. Zimmerman says it also places "the baptism of countless babies is at risk", although it is not exactly clear what that means.
Of course, it may be that the heart of the dispute here is the church's real estate, its $129,000 in cash, and the value of sales of ministerial supplies and materials it offers through its website (allegedly worth $15 million). Zimmerman is apparently willing to give up legal control of the church if he gets a retirement package worth several hundred thousand dollars that he says was promised to him.
Michigan Capitol's Spruce Is "Christmas Tree"
In Lansing, Michigan, the state legislature's bipartisan Capitol Committee declared the 61-foot spruce in front of the Capitol to be the "Michigan Christmas Tree". Sunday's Grand Rapids Press reports that the new name replaces the "State Holiday Tree", the name that had been used since 1991. State Attorney General Michael Cox said there was no problem with the change. And Susan Herman, a spokesperson for the Michigan Jewish Conference, agreed saying: "If you're going to have a tree, you might as well call it what it is."
Recent Articles of Interest
From SSRN:
- Perry Dane, Christmas, (November 2006).
- Philip Weinberg, O Centro Espirita: The Supreme Court Raises the Spirits of the Free Exercise Clause, (St. John's Legal Studies Research Paper No. 06-0059).
- Niaz A. Shah, Women's Human Rights in the Koran: An Interpretive Approach, 28 Human Rights Quarterly 868-903 (2006).
- Varun Soni, Freedom From Subordination: Race, Religion, and the Struggle for Sacrament, 15 Temple Political & Civil Rights Law Review 33-64 (2005).
Sunday, December 03, 2006
San Francisco OK In Criticizing Catholic Opposition To Gay Adoptions
Last March, Cardinal William Joseph Levada, head of the Vatican's Congregation for the Doctrine of the Faith, issued a directive to the Archdiocese of San Francisco's social service agencies, instructing them to stop placing children in need of adoption with homosexual households. This led San Francisco's Board of Supervisors to pass a resolution calling for the Cardinal to withdraw his directive. The resolution said that it is "an insult to all San Franciscans when a foreign country, like the Vatican, meddles with and attempts to negatively influence this great City's existing and established customs and traditions such as the right of same-sex couples to adopt and care for children in need." Upset with that resolution, a Catholic civil rights group sued San Francisco, claiming that the resolution violates the Establishment Clause. The suit asked the court to enjoin the Board of Supervisors from criticizing and attacking religion and religious beliefs. (See prior postings 1, 2.)
On Thursday, in Catholic League for Religious and Civil Rights v. City and County of San Francisco, 2006 U.S. Dist. LEXIS 86698 (ND CA, Nov. 30, 2006), relying in particular on a 2002 Ninth Circuit decision, a California federal district court dismissed the claim against the Board of Supervisors, finding that the Supervisors' Resolution has a secular purpose and effect. It also rejected the claim that the resolution constitutes excessive entanglement, saying that "it is merely the exercise of free speech rights by duly elected office holders."
On Thursday, in Catholic League for Religious and Civil Rights v. City and County of San Francisco, 2006 U.S. Dist. LEXIS 86698 (ND CA, Nov. 30, 2006), relying in particular on a 2002 Ninth Circuit decision, a California federal district court dismissed the claim against the Board of Supervisors, finding that the Supervisors' Resolution has a secular purpose and effect. It also rejected the claim that the resolution constitutes excessive entanglement, saying that "it is merely the exercise of free speech rights by duly elected office holders."
Teacher Loses Title VII Challenge To Wearing Of ID Badge
Sidelinger v. Harbor Creek School District, 2006 U.S. Dist. LEXIS 86703 (WD PA, Nov. 29, 2006), is a case brought by a Pennsylvania high school chemistry teacher under Title VII of the 1964 Civil Rights Act claiming that his school failed to accommodate his religious beliefs and that it illegally terminated his employment. Teacher David Sidelinger objected to Harbor Creek High School's requirement that all teachers wear a photo identification badge. He claimed that wearing the badge would require him to commit the sin of pride and the sin of hypocrisy. After a bench trial, the court entered judgment for defendants. It found that Sidelinger had failed to establish that his belief was a sincerely held religious one, that he failed to give sufficient notice of his beliefs to the School District, and that he failed to show that he would not have been fired for reasons independent from his religious beliefs.
U.S. Military Chaplain Corps Is Increasingly Diverse
USINFO, published by the U.S. State Department's Bureau of International Information Programs, carried a posting on Friday discussing the increasing religious diversity of the 5,000 clergy in the U.S. military's chaplain corps. This is in part a response to the increasing diversity of the personnel in the military-- active duty soldiers report belonging to 109 different religions. The Defense Department wants to make certain that even small groups of believers have access to a chaplain. This month the first Buddhist chaplain will join the Navy. Chaplains are trained in interdenominationally and provide services not just to individuals of their own denomination, but to all service personnel.
Buddhist Definition of Death Clashes With State's Recognition of Brain Death
Today's Boston Globe reports on a difficult case in Boston's Suffolk Family and Probate Court, pitting a religious definition of death against the state's recognition of brain death as the end of life. Last week, doctors declared 72-year-old Cho Fook Cheng brain dead after he suffered cardiac arrest. They said he should be removed from ventilators and intravenous medications that were keeping his organs functioning. However, his family refused arguing that their religious views as Buddhists were that so long as Cheng's heart was beating, he was still alive. The family went to court and obtained a restraining order preventing Beth Israel Deaconness Medical Center from removing Cheng's life support system. As the hospital prepared to fight the issue in court-- arguing that parts of Cheng's body were deteriorating biologically-- his family reluctantly agreed to end intravenous medication so that his heart would stop beating naturally. Hospital ethicists found little guidance on reconciling Buddhist beliefs with modern technology. Apparently different strands of Buddhism have different beliefs about death. Even though Cheng's heart has now stopped beating-- so everyone agrees he has died-- the parties will be back in court on Tuesday. It is not clear exactly what issues remain to be resolved at that time.
Pakistan's President Signs Women's Protection Bill
On Friday, Pakistan's President Pervez Musharraf signed the controversial Women's Protection Bill that has passed both houses of Parliament. (See prior posting.) This Tuesday, Musharraf is expected to announce the government's future strategy in eliminating laws that unjustly impact women, according to today's Pakistan Daily Times. Meanwhile, the Information Ministry will launch a campaign to inform women about the new law's protections. The Muttahida Majlis-i-Amal (MMA)-- an alliance of Islamic parties-- continues to object to the new law that allows rape cases to be tried in criminal courts instead of Islamic courts, and eliminates the death penalty for persons convicted of having sex outside of marriage. An ANI report quotes MMA's president, Qazi Hussain Ahmed, who charged yesterday that "Musharraf is exploiting the issue of women's rights and wants to see brothels everywhere in the country under the supervision of the police and Army."
Indian Tribal Council Bars Military Funeral Protesters
In anticipation of yesterday's funeral for Nathan Goodiron, the first member of North Dakota's Three Affiliated Tribes to be killed in Afghanistan, the Tribal Council on Friday passed a resolution barring Rev. Fred Phelps Sr. and his followers from protesting at the funeral. (Associated Press.) Phelps' group (from the Topeka, Kansas Westboro Baptist Church) has shown up at military funerals around the country with signs claiming that combat deaths are due to U.S. tolerance of homosexuality. Shirley Phelps-Roper said her group from Westboro Baptist church would protest outside the reservation "on public rights of way."
Saturday, December 02, 2006
Second Circuit Hears RLUIPA Case From Mamaroneck, NY
Yesterday, the U.S. Second Circuit Court of Appeals heard arguments in a long-running RLUIPA case in which the Village of Mamaroneck, New York is seeking to use its zoning laws to block construction of a new building by the Westchester Jewish Day School. The trial court ruled in favor of the school. (See prior posting.) The Westchester Journal News reports that Kevin Plunkett, the village's attorney, argued yesterday that the lower court's decision gives religious schools an unfair advantage over secular ones. He also argued that that RLUIPA, as it was applied by the trial court, violates the First Amendment's Establishment Clause. The U.S. Department of Justice has entered the case on the side of the school. Barry Welprin, a former zoning board member who voted in favor of the school's expansion charged that the majority of the board "did not approach this project with an open mind."
Cert. Granted On Taxpayer Standing To Challenge White House Faith-Based Office
Yesterday, the United States Supreme Court granted certiorari in Hein v. Freedom From Religion Foundation, No. 06-157. (See prior posting on filing of petition for cert. [Updated:] Here is the Brief in Opposition [Westlaw link] and the Solicitor General's reply brief to the petition.) The case involves the question of whether taxpayers have standing under the Establishment Clause to challenge activities of President Bush's Office of Faith-Based and Community Initiatives. The 7th Circuit Court of Appeals held that there is taxpayer standing to challenge Executive Branch spending for organizing national and regional conferences and for making speeches promoting faith-based funding, even though these activities were paid for from a general appropriation without Congressional earmarking of the funds for a specific program. (See prior posting.) Yesterday's Washington Post reported on the Supreme Court's action. [Thanks to Aaron Stemplewicz & to Marty Lederman via Religionlaw, for the cert. petition and reply brief links.]
Wiccan Symbol Dedicated In Nevada Military Cemetery
The Reno Gazette Journal reports that friends and family of a Nevada soldier killed over a year ago in Afghanistan, gathered today for the dedication of the first Wiccan pentacle symbol in a military cemetery. Yesterday's Las Vegas Sun gave additional details. While the U.S. Department of Veterans Affairs has still failed to act on requests by Wiccan families, the pentacle was placed on the Veterans Memorial Wall at the Northern Nevada Veterans Memorial Cemetery in Fernley because in September the Nevada Office of Veteran Services that has jurisdiction over the state cemetery approved the plaque. (See prior posting.) The multicultural, interfaith service for Sgt. Patrick Stewart of Fernley was scheduled to include blessings by American Indians, Jews, Christians and Wiccans.
Last Monday night, according to yesterday's Wren's Nest News, the cemetery was vandalized when someone using a high-powered rifle sprayed the cemetery's columbarium wall with bullets. Cemetery Superintendent Wes Block said he did not think that the shooting was related to the controversy surrounding Sgt. Patrick Stewart.
Last Monday night, according to yesterday's Wren's Nest News, the cemetery was vandalized when someone using a high-powered rifle sprayed the cemetery's columbarium wall with bullets. Cemetery Superintendent Wes Block said he did not think that the shooting was related to the controversy surrounding Sgt. Patrick Stewart.
Settlement In Zoning Case Lets Illinois Mission Stay Downtown
A consent decree signed by an Illinois federal judge on Thursday ends a dispute between the city of Waukegan and a downtown storefront church, God's Hand Extended Mercy Mission. (See prior posting.) Last July, the city's Department of Planning & Zoning issued an order declaring that the church (which offers prayer, food and shelter to the disadvantaged) was in violation of zoning provisions barring "places of worship (and) religious organizations" from business districts. Sister Callie Dupree, founder of the mission, sued claiming that the city's zoning rules violate the mission's free exercise and equal protection rights. The Lake County (IL) News-Sun today reports that the parties' have now agreed that the mission can stay, and that the property on which it is located will not be rezoned in the future. In exchange, the church agreed not to seek damages from the city for violating its free exercise rights. [Thanks to Tom Ciesielka for the lead.]
Cert. Granted In Student Speech Case
Yesterday, the United States Supreme Court granted certiorari in a case involving free speech rights of high school students. The Court's ultimate decision will impact religious, as well as other, speech in high schools. And the speech at issue in the case, Morse v. Frederick, Case No. 06-278, arguably had a religious aspect to it. In 2002 in Juneau, Alaska, high school students were released from classes to watch the torch for the Winter Olympics-- on its way to Salt Lake City-- pass by. In hopes of getting his banner on television, student Joseph Frederick unfurled a banner reading "Bong Hits 4 Jesus". (For the uninitiated, "Bong Hit" refers to smoking marijuana using a water pipe.) School principal Deborah Morse tore down Frederick's banner and suspended him for 10 days. Frederick sued Morse for damages, and the U.S. 9th Circuit Court of Appeals upheld his claim. Yesterday's Baltimore Sun reports on the case.
Two Prisoner Free Exercise Decisions
The usual flood of prisoner free exercise cases has slowed down recently. Here are the two that have appeared since my last collection of decisions:
In Slusher v. Samu, 2006 U.S. Dist. LEXIS 84765 (D CO, Nov. 21, 2006), a Colorado prisoner claimed that authorities used his lack of a prison job as a pretext for refusing to permit him to attend Catholic mass. A federal district judge rejected his claim that this amounted to retaliation for filing certain grievances, but permitted him to proceed with a free exercise challenge to the denial.
In Watkins v. Trinity Service Group, 2006 U.S. Dist. LEXIS 85592 (MD FL, Nov. 27, 2006), a Florida federal district court rejected a prisoner's claims that his rights were violated when meat products were present in the vegetarian meals served to him for religious reasons. The court found that the defendant company providing the meals had no authority to change the menu prescribed by the Sheriff's office. The court also held that merely receiving occasional meals that violate his religious tenets subjects plaintiff only to de minimis injury.
In Slusher v. Samu, 2006 U.S. Dist. LEXIS 84765 (D CO, Nov. 21, 2006), a Colorado prisoner claimed that authorities used his lack of a prison job as a pretext for refusing to permit him to attend Catholic mass. A federal district judge rejected his claim that this amounted to retaliation for filing certain grievances, but permitted him to proceed with a free exercise challenge to the denial.
In Watkins v. Trinity Service Group, 2006 U.S. Dist. LEXIS 85592 (MD FL, Nov. 27, 2006), a Florida federal district court rejected a prisoner's claims that his rights were violated when meat products were present in the vegetarian meals served to him for religious reasons. The court found that the defendant company providing the meals had no authority to change the menu prescribed by the Sheriff's office. The court also held that merely receiving occasional meals that violate his religious tenets subjects plaintiff only to de minimis injury.
No Monetary Damages For Violation Of Connecticut's Free Exercise Clause
Spector v. Board of Trustees of Community-Technical Colleges, 2006 U.S. Dist. LEXIS 86601 (D CT, Nov. 29, 2006), involves a series of claims by a priest who was a faculty member and coordinator of marketing at Naugatuck Valley Community College. After he was denied an academic promotion, he sued in federal court on a number of bases. As part of a long opinion largely devoted to other issues, the court held that while the Connecticut constitution protects the free exercise of religion, it does not provide a private right of action for money damages for violation of this protection.
Friday, December 01, 2006
State Appeals Court Upholds San Diego Voters' Transfer Of Mt. Soledad To Feds
Yesterday, another decision in the seemingly endless series of rulings relating to the Mt. Soledad Cross was handed down. The 29-foot, 24-ton Latin cross was erected by the Mt. Soledad War Memorial Association in 1954 on parkland belonging to the city of San Diego, California. Yesterday's decision, Paulson v. Abdlnour, (CA 4th Dist. Ct. App., Nov. 30, 2006), involved an Establishment Clause challenge to a decision by San Diego voters to "donate to the federal government ... the City's ... interest in the Mt. Soledad Veterans Memorial property for the federal government's use ... as a national memorial honoring veterans of the United States Armed Forces." The court held that the referendum on the issue, known as Proposition A, did not violate either the state or federal constitution's establishment prohibitions, nor did it violate the state constitution's "no preference" clause.
Reversing the trial court, the court of appeals held that it could not find that the predominant purpose of the voters in approving Proposition A was to advance religion. Nor was the primary effect the endorsement or advancement of Christianity. Nothing in Proposition A required the federal government to keep the Cross on the transferred property. Finally the court of appeals rejected the trial court's "troublesome proposition" that there was excessive religious entanglement between the City and the Thomas More Law Center because a TMLC attorney served as a special assistant to the city attorney.
This decision will have practical impact only if other litigation challenging the federal government's taking of the Mt. Soledad property by eminent domain is successful. That taking did not rely on the transfer authorized by Proposition A. (See prior posting.)
A report yesterday by City Wire discusses reaction to the decision.
Reversing the trial court, the court of appeals held that it could not find that the predominant purpose of the voters in approving Proposition A was to advance religion. Nor was the primary effect the endorsement or advancement of Christianity. Nothing in Proposition A required the federal government to keep the Cross on the transferred property. Finally the court of appeals rejected the trial court's "troublesome proposition" that there was excessive religious entanglement between the City and the Thomas More Law Center because a TMLC attorney served as a special assistant to the city attorney.
This decision will have practical impact only if other litigation challenging the federal government's taking of the Mt. Soledad property by eminent domain is successful. That taking did not rely on the transfer authorized by Proposition A. (See prior posting.)
A report yesterday by City Wire discusses reaction to the decision.
Debate Over Ellison's Right To Be Sworn-In On Quran
Minnesota Representative-elect Keith Ellison, the first Muslim member of Congress, made the seemingly unremarkable decision that he would take his oath of office in January on his religion's holy scriptures-- the Quran. However, as McClatchy Newspapers report, the decision has set off a fury of debate in the blogosphere. Dennis Prager a politically conservative Jewish talk-show host wrote a scathing article at Townhall.com arguing that Ellison should be required to take his oath on the Bible. He said: "Devotees of multiculturalism and political correctness who do not see how damaging to the fabric of American civilization it is to allow Ellison to choose his own book need only imagine a racist elected to Congress. Would they allow him to choose Hitler's "Mein Kampf," the Nazis' bible, for his oath?"
UCLA Constitutional Law Professor Eugene Volokh responded at National Review Online, saying that Prager "mistakes the purpose of the oath, and misunderstands the Constitution". He continued, "If Congress were indeed to take the view that 'If you are incapable of taking an oath on that book [the Bible], don't serve in Congress,' it would be imposing an unconstitutional religious test.... Letting Christians swear the oath of office, while allowing members of other denominations only to swear what ends up being a mockery of an oath -- a religious ceremony appealing to a religious belief system that they do not share -- would be [religious] discrimination."
UPDATE: McClatchy Newspapers report that in the official ceremony swearing-in House members, those taking the oath do not place their hands on anything. It says: "The House speaker administers the oath to members en masse on the floor of the House.... It's up to individual members if they want to hold religious texts.... After the official swearing-in, members often have photos taken at a staged swearing-in ceremony in the speaker's office or their own offices, where they can place their left hands on sacred texts or hold them and have their families or religious leaders present...."
UCLA Constitutional Law Professor Eugene Volokh responded at National Review Online, saying that Prager "mistakes the purpose of the oath, and misunderstands the Constitution". He continued, "If Congress were indeed to take the view that 'If you are incapable of taking an oath on that book [the Bible], don't serve in Congress,' it would be imposing an unconstitutional religious test.... Letting Christians swear the oath of office, while allowing members of other denominations only to swear what ends up being a mockery of an oath -- a religious ceremony appealing to a religious belief system that they do not share -- would be [religious] discrimination."
UPDATE: McClatchy Newspapers report that in the official ceremony swearing-in House members, those taking the oath do not place their hands on anything. It says: "The House speaker administers the oath to members en masse on the floor of the House.... It's up to individual members if they want to hold religious texts.... After the official swearing-in, members often have photos taken at a staged swearing-in ceremony in the speaker's office or their own offices, where they can place their left hands on sacred texts or hold them and have their families or religious leaders present...."
Think Tank Recommends Conciliatory Tactics For British Christian Student Groups
In Britain, evangelical Christian student groups, known as Christian Unions, find themselves in disputes on a number of college campuses with Students' Unions, the bodies that determine whether a student group will have access to campus facilities and financial support. The Christian think tank Ekklesia has just issued a report titled "United We Stand? A Report on Current Conflicts Between Christian Unions and Students' Unions". The report recommends a strategy that is at odds with that taken by Christian student groups facing similar issues on U.S. campuses-- do not take confrontational legal action; instead try mediation. If that fails, consider operating with funding from religious groups or other sources. Christian student groups that wish to belong to Students' Unions should open themselves to democratic elections, but with safeguards to prevent infiltration by non-Christian groups. A Christian Union should use a broad statement of values for its members, instead of a narrow doctrinal one. Or else it should change its name to reflect its narrower focus. Yesterday's Guardian Unlimited summarized the report.
Texas Court Dismisses Dispute Among Members Over Church Assets
A Texas state court of appeals yesterday dismissed a petition by members of the House of Grace church in Fort Worth seeking a division of the church's assets among two competing factions. Smith v. North District Texas Council of the Assemblies of God and House of Grace, (TX Ct. App., Nov. 30, 2006), involved a dispute growing out of the intervention into church affairs by the church's District Council. The Council, the church's parent body, implemented a plan for the church to remain united, after a proposal to split into two churches failed to receive a two-thirds vote of church members. The court held that members' claim that the vote was not held in accordance with church bylaws was an ecclesiastical matter that civil courts are precluded from adjudicating under the First Amendment.
Jewish Groups Oppose Two Aspects Of Proposed Congressional Reform
This week's Forward reports that while Jewish groups support most of the ethics and lobbying reforms being considered by Democrats for enactment in the next Congress, two aspects of reform proposals are opposed by key Jewish organizations. The proposed ban on privately funded Congressional travel will interfere with educational trips to Israel by lawmakers and their aides, sponsored by groups such as the American Israel Education Foundation. The other area of concern is the proposed ban on earmarks in appropriation bills. The key national Jewish charitable group, United Jewish Communities, stands to lose millions of dollars it receives for its Naturally Occurring Retirement Communities project in 41 cities. Earmarks in the Older Americans Act reauthorization bill has funded the program that finances on-site social service programs that allow elderly residents to remain in their existing apartments and neighborhoods. A total ban on earmarks is unlikely; instead it is probable that reforms will require the name of every earmark sponsor to be disclosed.
Arkansas Faith-Based Pre-Release Program For Women Launched
Today Arkansas correctional officials will dedicate a faith-based pre-release program for women prisoners, according to the Associated Press. The program, InnerChange Freedom Initiative, will be operated by Prison Fellowship Ministries at the Wrightsville prison. A similar program for male prisoners is already operating in Arkansas. InnerChange in an Iowa prison has been found by a federal district court to be unconstitutional and the decision is currently on appeal to the 8th Circuit. (See prior posting.) Mark Earley, the program's CEO, says that unlike the Iowa program, the one in Arkansas is funded privately. The state pays only for housing and feeding the inmates. (See prior posting.)
4th Circuit Hears Arguments On Control Over Classroom Bulletin Boards
Yesterday the U.S. Fourth Circuit Court of Appeals heard arguments in Lee v. York County School Division, raising the question of whether a Virginia high school teacher's rights were violated when his principal removed Christian-themed material from the bulletin board in the teacher's classroom. (See prior posting.) The Hampton Roads Daily Press reports that the censored items included articles about President Bush's religious faith and former Attorney General John Ashcroft's prayer meetings with his staff, a flyer about the National Day of Prayer and a depiction of George Washington praying at Valley Forge. Robert McFarland, attorney for the school system, argued that the principal could remove the postings because they were curricular in nature. Gary Bryant, representing the teacher, argued that the postings were non-curricular and that the principal engaged in viewpoint discrimination in deciding which postings were "too religious".
School's Santa Breakfast Renamed "Winter Wonderland"
In Warwick, New York, the Sanfordville Elementary School PTA's "Breakfast With Santa" has been renamed "Winter Wonderland Breakfast" after a parent complained that it was geared toward only one religion. The Warwick Advertiser yesterday said that now Frosty the Snowman will appear along with Santa Claus. The parent complained that Santa represents Christmas , a Christian holiday, and by law a public school may not promote religion. She said that adding Hanukkah traditions would not eliminate the religious nature of the event. Lisa Roca, a member of the breakfast committee, argued however that Santa is a secular figure, not a religious one. Reporting on the developments, CNS News yesterday quoted Catholic League President Bill Donohue who called the events at the school an "exercise in tyranny" saying: "This has nothing to do with the law -- it has everything to do with bowing to the pressure of bigots."
UPDATE: Friday's Warwick Advertiser published a letter from the mother who initially complained about the Santa breakfast, setting out her views.
UPDATE: Friday's Warwick Advertiser published a letter from the mother who initially complained about the Santa breakfast, setting out her views.
Thursday, November 30, 2006
Privacy Claim Against Jews For Jesus Survives On Appeal In Florida
Yesterday a Florida state appellate court decided Rapp v. Jews for Jesus, Inc., (FL 4th Dist. Ct. App., Nov. 29, 2006). In the case, plaintiff Edith Rapp, a traditional Jew, claimed that Jews for Jesus (JFJ) falsely portrayed her in an online newsletter as a convert to the group's beliefs. The article was written by Rapp's stepson who is a member an employee of JFJ. The appellate court's decision rejected the trial court's holding that the the First Amendment barred it from deciding plaintiff's tort claims. According to the appeals court, the publication of false statements about a non-member of a religious group does not implicate a tenet of religious belief. Nevertheless, the court found that Rapp's complaint did not allege facts that would support either a defamation claim or a claim for intentional infliction of emotional distress. However, the court reversed the trial judge's dismissal of Rapp's "false light invasion of privacy" claim-- a tort that involves a major misrepresentation of a person’s character, history, activities or beliefs.
The court of appeals invited review by the state Supreme Court of whether Florida recognizes a claim for false light invasion of privacy, and, if it does, whether it would follow the Restatement (Second) of Torts in defining the elements of the claim. It did so by certifying this question as one of "great public importance", thereby giving discretionary jurisdiction for review to the Supreme Court pursuant to Fla. Rules Appellate Procedure , Rule 9.030.
The court of appeals also upheld the trial court's decision to strike numerous paragraphs in Rapp's complaint, describing the paragraphs as redundant and bellicose descriptions of Rapp's theological animosity toward JFJ. [Thanks to Brian D. Wassom for the lead.]
The court of appeals invited review by the state Supreme Court of whether Florida recognizes a claim for false light invasion of privacy, and, if it does, whether it would follow the Restatement (Second) of Torts in defining the elements of the claim. It did so by certifying this question as one of "great public importance", thereby giving discretionary jurisdiction for review to the Supreme Court pursuant to Fla. Rules Appellate Procedure , Rule 9.030.
The court of appeals also upheld the trial court's decision to strike numerous paragraphs in Rapp's complaint, describing the paragraphs as redundant and bellicose descriptions of Rapp's theological animosity toward JFJ. [Thanks to Brian D. Wassom for the lead.]
Islamic Scholars Say Female Circumcision Not Part Of Islamic Law
Last week, participants in an international conference of leading Islamic scholars held in Egypt agreed that female circumcision has never been mandated by Islamic law. South Africa's Mail & Guardian today reports on the conference that was funded by the German government and was publicized in Arabic under the title "Eliminating the Violation of Women's Bodies". Mohammed Sayyed Tantawi, the Grand Sheikh of Egypt's prestigious al-Azhar, the leading Sunni university, said that "circumcising girls is just a cultural tradition in some countries that has nothing to do with the teachings of Islam". The conference called on international organizations, educational institutions and the media to "explain the damage and the negative effect of this practice on societies".
San Diego Kept As Defendant In Latest Soledad Cross Case
A California federal judge has refused to dismiss the city of San Diego as a defendant in the latest lawsuit challenging the acquisition of the Mt. Soledad Cross by the federal government. Today's San Diego Union-Tribune reports that the city argued that since it no longer owns the cross, it should not be a party to the lawsuit-- this one a consolidation of suits brought by two veterans' groups. Judge Barry Ted Moskowitz, however, said that the city should remain in the case. If he rules in favor of plaintiffs, the city will be adversely affected. If it is not a party, it could not appeal his decision. Challenges over the 27-foot cross that marks a veterans' memorial have been in the courts since 1989. (See prior related posting.)
Morocco Sentences Christian Tourist To Jail For Conversion Efforts
A court in Morocco has sentenced a 64-year old tourist to six months in jail for attempting to covert Muslims to Christianity, according to a report today by Reuters. Moroccan law prohibits employing "incitements to shake the faith of a Muslim or to convert him to another religion". Sadek Noshi Yassa, a German of Egyptian descent, was charged with distributing books and CDs about Christianity to young Muslims in the streets of the southern resort town of Agadir where local media claimed Christians had launched a broad conversionary campaign.
Humanist Legal Center Sues Over Polling Place In Church
The American Humanist Association yesterday officially announced the creation of the Appignani Humanist Legal Center (AHLC), the first non-theistic legal center operating in Washington, D.C. At a press conference, AHLC said that it has filed a lawsuit to challenge the locating of polling places in churches without requiring them to remove or cover religious symbols in areas frequented by voters. The complaint (full text) in Rabinowitz v. Anderson, (SD FL, Nov. 29, 2006) alleges that Palm Beach County, Florida violated the Establishment Clause by choosing as a polling place a church building that had many religious symbols in plain view around the election judges and above the voting machines. The suit claims that the state has an obligation to ensure that polling places are in secular settings. (See prior related posting.)
Pakistani Christians Sentenced For Allegedly Burning Quran Pages
The Pakistan Christian Post this week reported that the Anti-Terrorism Court in the Pakistani city of Faisalabad has sentenced two Christian men to 10 years in prison on charges of blasphemy against the Quran. James Masih, 65, and his neighbor, Buta Masih, 70, were charged with burning pages of the Quran. Shortly after the rumored incident last October, a mob of 500 Muslims attempted to kill the two men. Christian families from the area fled after police arrested the two men and held off a crowd outside the police station through the night. The defendants' attorney, Khalil Tahir Sindhu, says that his clients are innocent. He plans an appeal. Blasphemy convictions by lower courts have often been reversed on appeal.
Michigan Buddhist Group Agrees To Fines For Zoning Infraction
Yesterday's Grand Rapids (MI) Press reports on an Olive Township, Michigan Buddhist group that reacted in a surprising way when it was cited for violating a township zoning ordinance. When charged with worshiping in a home in a residential area without first obtaining township approval for the gathering, seven men pled guilty and each paid a $50 fine. Wat Siriphanyo Aram-Lao Temple official Chris Liravongsa said, "We are a peaceful people. We know we violated the ordinance. We don't want to fight." The Temple has received a permit to build a new 4,000-square-foot building and parking lot, but it has not yet raised the funds needed for construction.
Spain To Debate Wearing Of Hijab In Public Institutions
The government of Spain earlier this week announced that it will launch a debate on the wearing of religious symbols, including hijab, in public institutions, according to yesterday's Islam Online. The Federation of Islamic Religious Entities (FEERI) said that it will engage in the debate "to prove that Muslims are keen to integrate into society". However, it said, "Muslims oppose any restrictions on religious freedoms and demand respect for symbols that reflect religious identities."
Wednesday, November 29, 2006
Reargument To Be Requested In New York Contraceptive Coverage Case
The New York State Catholic Conference and other groups will ask New York's Court of Appeals (its highest court) to permit reargument of the case it decided last month in which it upheld a requirement that faith-based social service organizations and religiously affiliated hospitals include contraceptive coverage for women in any prescription plan that they offer their employees. (See prior posting.) The Westchester Journal News today says the Catholic Conference is arguing that the state court misinterpreted the U.S. Supreme Court's 1990 decision in Employment Division v. Smith, and that the state court's decision may cause church-affiliated groups to completely drop insurance coverage to avoid the requirement in the Women's Health and Wellness Act.
South Carolina School Board Approves Opening Prayer
The Charleston County (SC) School Board voted 8-1 Monday to replace the moment of silence at the beginning of its meetings with a prayer. The Charleston Post and Courier yesterday reported that the change was spearheaded by new board member Arthur Ravenel Jr., a former congressman and state senator. Ravenel said the school board was probably the only political body in the county that did not begin meetings with a prayer, and remarked that "if any political entity needs help, it's the Charleston County School Board". However the new policy will now go to a committee to decide exactly what kinds of prayer will be permitted. The Post and Courier reports that some other South Carolina school boards open with the Lord's Prayer or with an invocation rotated among board members, each of whom can decide the content of his or her statement.
Pope Addresses Ankara Diplomatic Corps
On the first day of his visit to Turkey, Pope Benedict XVI delivered a wide-ranging address to the diplomatic corps accredited to represent their countries in Turkey. Zenit has published the full text of the Pope's remarks. Benedict renewed his call for a dialogue between religions and cultures. Promoting religious liberty, he said:
Turkey has always served as a bridge between East and West.... During the last century, she acquired the means to become a great modern State, notably by the choice of a secular regime, with a clear distinction between civil society and religion, each of which was to be autonomous in its proper domain while respecting the sphere of the other. The fact that the majority of the population of this country is Muslim is a significant element in the life of society, which the State cannot fail to take into account, yet the Turkish Constitution recognizes every citizen's right to freedom of worship and freedom of conscience. The civil authorities of every democratic country are duty bound to guarantee the effective freedom of all believers and to permit them to organize freely the life of their religious communities.
Florida County Permits New 10 Commandments Monument At Courthouse
Yesterday's Gainesville, Florida Sun reports that Dixie County, Florida commissioners have set up another potential high profile Ten Commandments challenge. Last January, after then-county attorney Joey Lander agreed to defend any lawsuits over the decision without charge, the County Commission approved a request by citizens to permit them to place a Ten Commandments monument at the county courthouse. The proponents agreed that the full cost of the monument would come from private funds. This weekend, the monument appeared on the courthouse steps-- a 6-ton, $12,000, block of black granite inscribed with the Commandments and with the verse "Love God and keep his commandments". Joey Lander says that even though he is no longer county attorney, his offer to defend the county still stands. [Thanks to How Appealing for the lead.]
British Airways Will Revise Dress Policy Under Government and Church Pressure
Over the weekend, it appears that British Airways gave in and agreed to re-examine its policy on employee uniforms that requires jewelry to be worn out of sight. A storm of criticism has been directed at the airline after it applied its policy to prevent check-in worker Nadia Eweida from openly wearing a small cross around her neck. (See prior posting.) British Airways Chairman Martin Broughton had attempted to get the support of Prime Minister Tony Blair, arguing that the police, the Army and other Government uniformed staff have an identical policy. However Blair urged Broughton to "do the sensible thing" and stop fighting the case. Blair told him, "One of the things I learnt in politics is that there are some battles really, really worth fighting, and there are battles really, really not worth fighting." (The Universe, Nov. 29).
The Daily Mail reported on Saturday that Cabinet members, members of Parliament, bishops of the Church of England, and the Archbishop of Cantebury all criticized the airline's stance. Some MP's had begun to boycott the airline's flights. The Archbishop of Cantebury even threatened to sell off the large block of stock in British Airways held by the Church of England's financial arm. Airline chief Willie Walsh finally agreed that BA will examine how its rules can be adapted "to allow symbols of faith to be worn openly".
The Daily Mail reported on Saturday that Cabinet members, members of Parliament, bishops of the Church of England, and the Archbishop of Cantebury all criticized the airline's stance. Some MP's had begun to boycott the airline's flights. The Archbishop of Cantebury even threatened to sell off the large block of stock in British Airways held by the Church of England's financial arm. Airline chief Willie Walsh finally agreed that BA will examine how its rules can be adapted "to allow symbols of faith to be worn openly".
Texas Diocese Records On Abusive Priests Unsealed
Yesterday a Dallas federal judge unsealed 700 pages of documents that show how the Fort Worth Catholic Diocese kept seven priests charged with sexual abuse in the ministry. Many of the instances of abuse date back to the 1970's and 1980's. Yesterday's Dallas Morning News reports that the release comes after a request last year by two Texas newspapers for the documents. The diocese and other priests had argued that the release would chill the free exercise of religion and invade the privacy of the priests, most of whom are now not in the ministry. However after redacting names of accusers and lay people who served on church review boards, as well as health and financial information about the priests, the documents have been made publicly available. Today's Dallas Morning News has published a summary of the information in them.
Tuesday, November 28, 2006
In D.C. Circuit, Navy Chaplain Loses Constructive Discharge Suit
Today in Veitch v. England, (DC Cir., Nov. 28,. 2006), the U.S. Court of Appeals for the D.C. circuit rejected a claim by a fundamentalist Protestant Navy chaplain that he had been constructively discharged in violation of his First Amendment rights. Philip Veitch claimed that he was being required to endorse "pluralism" in his religious practices, and that this violated his religious beliefs. The majority, however, held that Veitch lacked standing to raise this issue because his resignation from the Chaplain Corps was voluntary. In addition, it found that the Navy did not act unreasonably in refusing to permit Veitch to withdraw his resignation. Judge Rogers' concurring opinion said that because Veitch's resignation was voluntary, there was no need to discuss, as the majority did, whether Veitch met the burden of showing that he was constructively discharged. [Thanks to How Appealing for the lead.]
Cert. Denied In Maine School Voucher Case
The United States Supreme Court yesterday denied certiorari in Anderson v. Town of Durham, (No. 06-132), a case from Maine's Supreme Judicial Court upholding the state's school voucher system that excludes private religious parochial schools. (See prior posting.) Maine Today reports on the case that involves the state's funding for students from 145 small towns without high schools to attend a public high school or any non-religious private high school elsewhere.
"In God We Trust" Moved From Face To Edge Of New $1 Coins
WorldNet Daily reported yesterday that the new presidential dollar coins to be released next month will no longer have the motto "In God We Trust" on the face of the coin. Instead the motto will be moved to the thin edge of the new gold-colored dollars, as will the minting date and the motto "E Pluribus Unum". (Artist's rendering of the coin.) The U.S. Mint says the change will permit larger portraits of the presidents on the face of the coins. Some conservatives have found more sinister motives. Judicial Watch's blog, Corruption Chronicles, headlined its posting on this "US Mint Appeases Atheists".
The new dollar coin series will be issued over several years. Each three months, a gold-tinted dollar portraying a different president will be issued. The reverse side of each coin portrays the Statute of Liberty, replacing the word "Liberty" now on all coins. [Thanks to Ed Brayton at Dispatches from the Culture Wars for the information.]
The new dollar coin series will be issued over several years. Each three months, a gold-tinted dollar portraying a different president will be issued. The reverse side of each coin portrays the Statute of Liberty, replacing the word "Liberty" now on all coins. [Thanks to Ed Brayton at Dispatches from the Culture Wars for the information.]
Las Cruces Case Tried Yesterday
Yesterday in federal district court in New Mexico, the remaining Establishment Clause claims challenging the use of three crosses as a symbol in Las Cruces, New Mexico was tried. The claims involved the use by the public schools of three crosses as a logo on maintenance vehicles and in a mural at an elementary school. (See prior posting.) Plaintiff Paul Weinbaum, a retired teacher represented himself at the trial, according to today's Las Cruces Sun-News. At trial, Weinbaum introduced little in the way of factual evidence, other than his own opinion, to support his claim that the schools were attempting to promote religion by using the logo, or that those who created the mural were attempting to proselytize.
Charter School's Renting of Space From Religious Groups Questioned
Denver's Rocky Mountain News today reports that state funds used by the Hope Online Learning Academy Coop to rent space from churches across Colorado appears, in some cases, to be significantly supporting a church's existence. Hope is an online charter school targeting at-risk children. It operates 81 learning centers across Colorado. Half of its centers have some religious affiliation. Each learning center receives over $3500 per student from Hope to cover rent, as well as employment of a director and of mentors who are essentially classroom aides. Hope policies say that state funds given to learning centers cannot be used for religious purposes, but at one private Christian school the rent received from Hope is almost twice the school's annual mortgage payments. At several other religious schools that run Hope centers, twice as much is spent on overhead as on instruction. The article also raises questions about the supervision of Hope by the small school board that chartered it.
"Observant Jews" Sue Over Pork Casings On Beef Hot Dogs
The Wall Street Journal Law Blog reported yesterday on a law suit filed against Vienna Beef by several "observant Jews". The class action, Gershengorin v. Vienna Beef, Ltd., (Cook Co. IL Cir. Ct., Nov. 20, 2006) (full text of complaint) alleges that Vienna's "all-beef" hot dogs with natural casings use pork intestine casings without disclosing that fact in any of its retail advertising or labeling. The information appears only on wholesale box labeling. The suit, seeking damages and injunctive relief, alleges breach of warranty, non-conformity of goods to contract terms, consumer fraud and common law fraud. Vienna publicizes that its hot dogs are not kosher; however many Jews who do not strictly observe kosher food rules nevertheless avoid eating pork products. Plaintiffs' lawyer Lance Raphael, said: "The case isn't about Jews suing Vienna beef. The case is about Vienna beef not telling consumers that their all-beef hot dog contains pork, whether they're Jews, Muslims, or Samuel L. Jackson." [Thanks to Steven H. Sholk for the lead.]
Nativity Film Promo Dropped From Chicago's Christkindlmarket
One of the special events scheduled between Thanksgiving and Christmas in Chicago's downtown Daley Plaza is Christkindlmarket, organized by the German American Chamber of Commerce. One of the sponsors was to have been New Line Cinema, but according to the Associated Press yesterday, New Line has been dropped. It had planned to run a preview promoting its new film, "The Nativity Story", on television sets at the event. However, the Mayor's Office of Special Events urged the organizers to drop the film promotion, saying that it would be contrary to suggested advertising standards for events held on Daley Plaza, and would be insensitive to the many people of different faiths who come to enjoy Christkindlmarket for its food and unique gifts.
Monday, November 27, 2006
Intelligent Design Trial Headed For the Big Screen
The York (PA) Daily Record reports today that Paramount Pictures is planning to produce a movie on last year's Dover, Pennsylvania intelligent design trial. The studio has hired Ron Nyswaner to write the screenplay. He is using trial transcripts, interviews and news coverage as background for his work.
Anti-Semitic Incident Following Paris Soccer Match Leads To Fatal Shooting
French government officials are reacting to an ugly anti-Semitic incident that followed a soccer game last Thursday in which an Israeli team, Hapoel Tel Aviv, defeated a French team, Paris Saint-Germain. Yesterday's Jerusalem Post reports that overt racial incidents have become common at PSG's Parc des Princes Stadium. Four young people from the Paris Jewish community had gone to the game to support the Israeli team. Afterwards, outside the stadium, they were cornered by a mob of some 100 right wing fans of the French team who were shouting "filthy Jew", making Nazi salutes and shouting "Le Pen president". Jean-Marie LePen is the head of the right-wing National Front party. A French policeman, a native of the Caribbean, came to the assistance of one of the Jewish youngsters, Yaniv Hazout, who was being chased. The mob yelled at him, "filthy black, we're going to get you". The policeman used tear gas and later fired into the crowd to protect himself and Hazout. His bullet hit two of the attackers, killing one of them.
The AP reported Sunday that Antoine Granomort, the plainclothes officer who fired the shot, had been released from custody after an investigation. Paris prosecutor Jean-Claude Marin said that Granomort did not fire his gun until after he had been pushed to the ground, lost his glasses, and saw his assailants jumping on top of him. French Interior Minister Nicolas Sarkozy said on Sunday that he would eradicate violence and racism from the PGS soccer stadium, even if it meant having empty stands. (Today's Australian.)
The AP reported Sunday that Antoine Granomort, the plainclothes officer who fired the shot, had been released from custody after an investigation. Paris prosecutor Jean-Claude Marin said that Granomort did not fire his gun until after he had been pushed to the ground, lost his glasses, and saw his assailants jumping on top of him. French Interior Minister Nicolas Sarkozy said on Sunday that he would eradicate violence and racism from the PGS soccer stadium, even if it meant having empty stands. (Today's Australian.)
Michigan Cities Eliminate Religious Holiday Displays
The Detroit Free Press this morning reports that two Michigan cities are modifying their traditional holiday displays. Southfield is removing a Menorah that has been part of its display for the last three years. A member of St. Michael's Catholic Church learned that the city had purchased the Menorah in 2000, and requested the city to likewise buy a creche to include in the display. City attorney Jack Beras said that it was inappropriate for the city to own either religious symbol. The city will try to find a buyer for the Menorah. Meanwhile, this year's display will include only secular symbols-- toy soldiers, a sleigh, a snowman, a lantern, grazing deer, a Christmas tree and a dreidel.
And in Berkley, Michigan, the city transferred the creche it has displayed for 20 years to to the Berkley Clergy Association. That group will lend the nativity scene to churches that want to display it. Last year, after an ACLU challenge, the city added secular symbols to its display of the creche and a Star of David, but city council did not like that as a permanent solution. (See prior posting.)
And in Berkley, Michigan, the city transferred the creche it has displayed for 20 years to to the Berkley Clergy Association. That group will lend the nativity scene to churches that want to display it. Last year, after an ACLU challenge, the city added secular symbols to its display of the creche and a Star of David, but city council did not like that as a permanent solution. (See prior posting.)
Sectarian Invocations By North Carolina Local Governments Questioned
Governmental bodies in Winston-Salem and Forsyth County, North Carolina, continue to open their meetings with sectarian Christian prayers. Today's Winston-Salem Journal reports that the ACLU of North Carolina has written the city and county governments objecting to the invocations that often refer specifically to Jesus Christ. In a memo to city council, Winston-Salem city attorney Ron Seeber says that the ACLU is correct in asserting that council may not open its meetings with a sectarian prayer. It may use a moment of silence or a prayer that does not refer to a particular diety. Forsyth County Attorney Davida Martin agreed. However, Gloria Whisenhunt, the chairwoman of the Forsyth County board of commissioners said: "I don't see us banning prayer, and I don't see us asking ministers to change the way they pray. I don't think we're bothering anyone, quite frankly."
Report on Antisemitism in Australia
A Report on Antisemitism in Australia from Oct. 2005 to Sept. 2006 (full text) has been presented to the annual conference of the Executive Council of Australian Jewry. It says that 440 incidents were recorded during the year. Statements in fringe publications and from extremist organizations remain a serious concern; however anti-Jewish language was sometimes also part of mainstream discussion of public issues. On the positive side, during the year a number of speeches in Australian parliaments condemned antisemitism, and the ECAJ successfully challenged an article in the One Nation political party’s newspaper as being in breach of the Federal Racial Hatred Act. An apology was ordered.
Recent Articles and Books-- Religion & State In U.S. and Abroad
Articles: (from SmartCILP):
- Robert John Araujo, S.J., The Transnational Perspective of the Church: The Embryonic Cloning Debate and Stem Cell Research, 22 Journal of Contemporary Health Law & Policy 497-507 (2006).
- Jonathan F. Wills, My God My Choice: The Mature Minor Doctrine and Adolescent Refusal of Life-Saving or Sustaining Medical Treatment Based Upon Religious Beliefs, 22 Journal of Contemporary Health Law & Policy 233-300 (2006).
- Tracy Fessenden, Culture and Redemption: Religion, the Secular, and American Literature, (Princeton University Press, Nov. 2006).
- Christopher L. Eisgruber & Lawrence G. Sager, Religious Freedom and the Constitution, (Harvard University Press, Jan. 2007).
- John T. Sidel, Riots, Pogroms, Jihad: Religious Violence in Indonesia, (Cornell University Press, Dec. 2006).
- Paul A. Hanebrink, In Defense of Christian Hungary: Religion, Nationalism, and Antisemitism, 1890–1944, (Cornell University Press, Aug. 2006).
- Genevieve Zubrzycki, The Crosses of Auschwitz: Nationalism and Religion in Post-Communist Poland, (University of Chicago Press, Fall 2006).
- Mujiburrahman, Feeling Threatened: Muslim-Christian Relations in Indonesia’s New Order, (Amsterdam University Press, 2006).
Countries Object To U.S. Listing Them As Religious Freedom Violators
Uzbekistan's Ministry of Foreign Affairs last week issued a statement (full text) objecting to the country's inclusion on the U.S. State Department's list of countries of particular concern-- the most egregious violators of religious liberty. (See prior posting.) Charging that the U.S. takes a one-sided approach and uses a double standard, the statement says: "Religious toleration and forbearance have always been and remain to be the most important component of the state policy of the Republic of Uzbekistan. " It concludes that the State Department's action constitutes "interference into internal affairs of sovereign Uzbekistan". MosNews covers the story. Also last week, a spokesman for China's foreign ministry registered similar objections to his country's inclusion on this year's list. (Times of India).
Scottsdale Churches Oppose New Zoning Proposals
In Scottsdale, Arizona, a coalition of churches is opposing the most recent proposals by the city to restrict the location of new churches and religious schools. Yesterday's East Valley Tribune reported that the city is proposing that new schools in residential areas be at least a quarter-mile apart, and that "large assemblies" such as churches and religious schools be required to obtain a permit to operate in residential areas. The general proposals were a response to a suit filed by SonRise Community Church that was denied a permit to build a church and private school on a 9-acre site it owned. Church leaders say that the city's proposals would prohibit a church from founding an on-premise school if another school was close by. They also fear that the permit requirement will let the city regulate when services can be held and how large churches can grow. Scottsdale leaders are now drafting a white paper to try to come up with a compromise. They plan to release the compromise proposals next Friday. (See prior related posting.)
Sunday, November 26, 2006
Episcopal Church Has Task Force On Property Disputes
The Episcopal Church is sufficiently concerned over defections by traditionalists who object to church policies such as the 2003 ordination of an openly gay bishop that it has formed a special task force to monitor dioceses that it considers a problem. The Associated Press reports that the House of Bishops Task Force on Property Disputes is remaining in contact with Episcopalians who want to remain loyal to the Episcopal Church in at least six dioceses that have distanced themselves from policies of the national body. The goal is to be ready for legal battles that may ensue.
Poll Finds No Difference In Religiosity In Muslim Radicals and Moderates
This month's Foreign Policy carries an article titled What Makes a Muslim Radical?. It reports on a Gallup World Poll of more than 9,000 interviews in nine Muslim countries. The poll shows that Muslim radicals have more in common with Muslim moderates than previously thought. It finds that there is no significant difference in religiosity, or attendance at religious services, between moderates and radicals. The main difference between the two groups seems to be that radicals are more likely to feel that the West threatens and attempts to control their way of life, while moderates want to build economic ties with the West.
Movement To Legalize Polygamy In US
The Providence (RI) Journal yesterday carried an article on the movement in the United States to legalize polygamy. A sign of their progress is the fact that Utah's attorney general, Mark Shurtleff, no longer prosecutes bigamy between consenting adults. He has promoted meetings between Utah law enforcement officials and representatives of polygamous groups. Shurtleff does go after members of polygamous groups that violate other laws such as rape laws and laws prohibiting sexualcontactst with minors.
British Muslim Teacher Who Insisted On Veil Is Dismissed
Aishah Azmi, the teaching assistant in a British school who brought high profile litigation last month in her attempt to veil her face while teaching children (see prior posting), has now been dismissed from her position. After claiming that her religious beliefs meant she had to wear a niqab in the presence of male colleagues, including when working with pupils, she was suspended without pay by Headfield Church of England School, in Dewsbury, West Yorks. School officials claimed that the veil interfered with her ability to communicate with students. (See prior posting.) An employment tribunal rejected her claim of discrimination, but awarded her damages for injury to her feelings. Her one-year fixed term contract was renewed in August, even though she had been suspended for the past six months. But now, after a disciplinary hearing before education officials, she has been terminated, according to yesterday's Telegraph. Her lawyers are waiting for a written decision before they decide whether to appeal.
Saturday, November 25, 2006
25th Anniversary Of UN Declaration On Religious Freedom
Today is the 25th anniversary of the adoption by the United Nations of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Marking the day, the United States Commission on International Religious Freedom called on countries around the world to review their policies in order to promote religious freedom and support the work of the United Nations and other international bodies in this area.
Sect Leaders Convicted For Resisting Restaurant Inspection
In Costa Mesa, California, three members of a small born-again Christian religious sect were convicted this week on multiple misdemeanor counts for refusing to let health inspectors into their tea room to carry out a normally-routine restaurant inspection. The Associated Press today reports that the Piecemakers have resisted health inspectors since the early 1990's, arguing that the law of God takes precedence over the law of man. Inspectors say the Piecemakers are selling unpackaged foods, such as homemade sandwiches and soup, without a permit. They were ordered to stop doing so and placed on probation in 2000, but undercover inspectors found continuing violations. Last October, inspectors arrived with a court order and faced a loud confrontation. 85-year old Marie Kolasinski and two others were arrested after they wrestled with inspectors and let loose with a barrage of profanity. Defendants each face up to a year in jail.
Indiana Released-Time Suit Nears Settlement
A settlement appears to have been reached in a law suit filed last month by the ACLU of Indiana against the Mooresville, Indiana school system challenging the Weekday Religious Education Program offered to Neil Armstrong Elementary School students. (See prior posting.) The Indy Star today reports that the primary concern of the parents challenging the released-time program has been met by moving the voluntary weekly classes from a trailer on school property to a church across the street.
Yemeni Editor Sentenced For Publishing Mohammed Cartoons
A court in Yemen today found newspaper editor Kamal al-Olufi guilty of "publishing blasphemous drawings offending the Prophet Mohammed and Islamic religion." The controversial cartoons were first run in a Danish newspaper last year. M&C News reports that al-Olufi was sentenced to one year in prison, and a six-month ban was imposed on his newspaper for violations of Yemen's Press and Publications Law.
Marine Now In Iraq Sues As Conscientious Objector
A Philadelphia Inquirer story from yesterday reports that a habeas corpus action has been filed in federal court in Washington, D.C. on behalf of Marine Lance Corporal John Rogowskyj, Jr. The Pennsylvania man is seeking to be discharged as a conscientious objector. The 22-year old Marine who joined the National Guard in 2002, says he is a religious humanist who does not belong to any organized religion. His CO claim was rejected by a C.O. Status Screening Board in August. The Board said it believed that his claim was merely a means to avoid deployment to Iraq. He was deployed to Iraq on Nov. 2 in a non-combat assignment—serving on an armed patrol boat protecting hydroelectric plants along the Tigris and Euphrates Rivers and Lake Qadisiyah.
Turkey In Uncertain Times On Relation of Islam To State as Pope's Visit Nears
Pope Benedict XVI will visit Turkey next week. The Los Angeles Times reports that many Muslims in the country remain angry over the Pope’s speech in Regensburg, Germany last September that was seen by many as unfairly critical of Islam. (See prior posting.) Turkey’s Prime Minister Recep Tayyip Erdogan, who will be away at a NATO summit during part of the Pope’s visit, will not be meeting with the Pope. The Pope’s planned visit to Istanbul's St. Sophia, built in the 6th century as a Byzantine church and converted into a mosque 900 years later, has also created controversy as an Islamic newspaper charged that the Pope was planning to bless the former church in an attempt to "revive Byzantium". Actually, the main purpose of the Pope’s trip is to bridge the split between the Vatican and the world’s Orthodox Christians led by Ecumenical Patriarch Bartholomew I in Istanbul. (Houston Chronicle).
This week, Turkey’s leading think tank, the Turkish Economic and Social Studies Foundation, released a poll suggesting that political Islam is not taking hold in the country. It shows that while religion is flourishing in Turkey, it is undergoing modernization and liberalization. (Turkish Weekly.)
Meanwhile, in what is seen as a precedent-setting decision, a Turkish court this week ruled that a student who was a member of Turkey’s Alevi community was exempt from mandatory religion courses taught in Turkish schools. The case was brought by Ali Kenanoglu, Deputy Chairman of the Alevi-Bektashi Foundation, in order to get the exemption for his son. Turkey’s Religious Affairs Directorate has insisted that Alevis are not members of a separate religious faith. In a separate case, an appeal is pending before the European Court of Human Rights by an Alevi challenging mandatory religion classes in Turkish schools. (Reports from Sabah and from the Turkish Daily News.)
UPDATE: Zenit on Sunday carried an interesting interview with Raphaela M.T. Schmid, the Rome director of the Becket Institute for Religious Liberty on The State of Religious Liberty in Turkey. She says: "Christian churches want more religious freedom but they too are aware that the secularism of the Turkish state may also be a bulwark against a more radical form of Islam."
This week, Turkey’s leading think tank, the Turkish Economic and Social Studies Foundation, released a poll suggesting that political Islam is not taking hold in the country. It shows that while religion is flourishing in Turkey, it is undergoing modernization and liberalization. (Turkish Weekly.)
Meanwhile, in what is seen as a precedent-setting decision, a Turkish court this week ruled that a student who was a member of Turkey’s Alevi community was exempt from mandatory religion courses taught in Turkish schools. The case was brought by Ali Kenanoglu, Deputy Chairman of the Alevi-Bektashi Foundation, in order to get the exemption for his son. Turkey’s Religious Affairs Directorate has insisted that Alevis are not members of a separate religious faith. In a separate case, an appeal is pending before the European Court of Human Rights by an Alevi challenging mandatory religion classes in Turkish schools. (Reports from Sabah and from the Turkish Daily News.)
UPDATE: Zenit on Sunday carried an interesting interview with Raphaela M.T. Schmid, the Rome director of the Becket Institute for Religious Liberty on The State of Religious Liberty in Turkey. She says: "Christian churches want more religious freedom but they too are aware that the secularism of the Turkish state may also be a bulwark against a more radical form of Islam."
Friday, November 24, 2006
Religious Bias Claim Growing Out Of Child Neglect Proceeding Moves Ahead
In Starkey v. Boulder County Social Services, 2006 U.S. Dist. LEXIS 84768 (D CO, Nov. 21, 2006), a Colorado federal district court permitted a husband and wife and their children to move forward with their claim against state social workers. Plaintiffs alleged that the defendants during the course of a Colorado state court dependency and neglect proceeding took action to deprive plaintiff parents of custody and visitation rights, motivated by disapproval of their fundamentalist Christian beliefs. The court dismissed claims against the social service agency itself on 11th Amendment grounds, but permitted claims against individual defendants to proceed over their claim of qualified immunity.
Hong Kong Court Upholds Regulation Of Religious Schools Getting State Aid
The High Court of Hong Kong yesterday decided Catholic Diocese of Hong Kong v. Secretary for Justice, (HCAL 157/2005, Nov. 23, 2006), upholding a 2004 law on the governance of religious schools receiving state aid in Hong Kong. Hong Kong's Basic Law protects the right of religious organizations to continue to run seminaries and other schools "according to their previous practice". The Catholic Diocese challenged the requirement that school management committees be set up, and that sponsoring religious bodies are only permitted to appoint 60% of the committee members. The court held that educational institutions’ autonomy must be subject to the policies formulated by the Government of the Hong Kong under article 136(1) of the Basic Law that gives the government the power to "formulate policies on the development and improvement of education". China's The Standard today reports at length on the decision and says the diocese has not said whether it plans an appeal.
Pakistan Senate Follows Lower House In Passing Hudood Amendments
Following the lead of the National Assembly (see prior posting), Pakistan's Senate yesterday passed amendments to the country's Hudood Ordinance, allowing rape cases to be tried in criminal courts instead of Islamic courts, and eliminating the death penalty for persons convicted of having sex outside of marriage. The International Herald Tribune reported that the bill, passed by voice vote, now goes to President Pervez Musharraf, who is expected to sign it into law. The International News gives more detail on the debate in the Senate on the law, known as the Women's Protection Bill.
Christian Converts Go On Trial In Turkey
The Associated Press reports that two men who converted to Christianity went on trial yesterday in Turkey, charged under Article 301 of Turkey's Penal Code with insulting "Turkishness" and inciting religious hatred against Islam. The charges against the men include telling potential converts that Islam was "a primitive and fabricated" religion and that Turks would remain "barbarians" as long they continued practicing Islam; speaking out against Turkey's compulsory military service; and compiling databases of possible converts. The trial began just a few days before Pope Benedict XVI visits the country.
Ontario Group Complains About City Council Prayer
In the Canada, the group Secular Ontario has examined the minutes of council meetings posted online by Ontario towns and cities and has found 18 municipalities that open their meetings with the Lord's Prayer. Yesterday's Ottawa Sun reported that the group has sent the list to Municipal Affairs and Housing Minister John Gerretsen and has written the municipalities involved pointing out that a 1999 Ontario Court of Appeals decision (Freitag v. Corporation of the Town of Penetanguishene) held that the practice violates Canada's Charter of Rights and Freedoms.
Court Avoids Interesting RLUIPA Constitutional Issue
A Georgia federal district court has avoided deciding an intriguing constitutional challenge to the Religious Land Use and Institutionalized Persons Act. In Williams v. Georgia, 2006 U.S. Dist. LEXIS 80852 (SD GA, Nov. 6, 2006), a federal judge accepted in full a Magistrate Judge's Report and Recommendation, 2006 U.S. Dist. LEXIS 84023 (SD GA, Oct. 10, 2006), denying prison officials' motion to dismiss a RLUIPA claim against them. The prisoner's substantive complaints were fairly routine-- the prison's refusal to furnish him a pork-free diet and the requirement that he shave his head and beard violate his right to practice his religious beliefs. The unusual part of the case was the defense raised by prison officials to the portion of the suit brought against them in their individual capacities.
The defendants argued that the constitutional basis for RLUIPA is Congress' spending clause power, and the individual officials are not part of the contract for spending between the Department of Corrections and the federal government. However the court held that since plaintiff's claims are only against the individual defendants in their official capacities, it is unnecessary for the court to decide the more difficult question of whether RLUIPA authorizes suit against government officials in their individual capacities. (See prior related posting.)
The defendants argued that the constitutional basis for RLUIPA is Congress' spending clause power, and the individual officials are not part of the contract for spending between the Department of Corrections and the federal government. However the court held that since plaintiff's claims are only against the individual defendants in their official capacities, it is unnecessary for the court to decide the more difficult question of whether RLUIPA authorizes suit against government officials in their individual capacities. (See prior related posting.)
D.C. Officials Say Religious Group Needs Fraternity House Zoning
Just before Thanksgiving, Washington, D.C.'s Zoning Administrator found himself in the midst of a dispute with nine college students over the line between a religious organization and a fraternity house. Yesterday's Washington Post reports that in August, student Brian O'Neill Jr. and eight friends moved into an elegant house in Georgetown where zoning rules restrict occupancy to six unrelated people. The students, however, filed to incorporate as the Apostles of Peace and Unity, a non-profit religious organization-- a move that some of their parents described as "ingenious". Religious groups are exempt from the six-person limitation. However, at the instance of unhappy neighbors, D.C. zoning officials have issued a cease-and-desist order against the students, saying they fit the definition of a fraternity house and therefore require a zoning variance and additional designated parking spaces.
Scientologists' Gifts To London Police Questioned
The British press has disclosed that London police officers have accepted gifts and entertainment worth thousands of pounds from the Church of Scientology. Reuters on Wednesday reported that the police department has opened a review of its hospitality policy after it was disclosed that invitations to charity dinners, music concerts and a film premiere were among the gifts, most of which were approved by senior officers. Police apparently developed a relationship with Scientologists when the group helped police last July in dealing with the suicide attacks on the London transit system.
Thursday, November 23, 2006
President's Thanksgiving Proclamation and Its References To Religion
Last week President Bush issued a Presidential Proclamation (full text) setting today as Thanksgiving. Stressing religious origins of the day, the President said "Nearly four centuries have passed since early settlers gave thanks for their safe arrival and pilgrims enjoyed a harvest feast to thank God for allowing them to survive a harsh winter in the New World." He continued: "I encourage all Americans to gather together in their homes and places of worship with family, friends, and loved ones to reinforce the ties that bind us and give thanks for the freedoms and many blessings we enjoy."
Yesterday, the President focused more on the secular aspects of the holiday, pardoning two Thanksgiving turkeys brought to the White House by the National Turkey Federation. Today the turkeys will serve as the honorary grand marshall of the Thanksgiving Day Parade at Disneyland. However, President Bush did not totally ignore the religious element of the day, pointing out-- just before granting the formal pardon-- that "on Thanksgiving Day, we gather with loved ones and we lift our hearts toward heaven in humility and gratitude." (Full text of President's statement.) The White House website has a special web page devoted to Thanksgiving 2006, including the results of the online voting for the preferred names for the White House turkeys. The winning choice was Flyer and Fryer.
Joseph Knippenberg at No Left Turns discusses the history of Presidential Thanksgiving Proclamations, and the varying emphasis on religion in them. And in today's Washington Post, columnist Jon Meacham discusses how to fit Thanksgiving into America's church-state separation.
Yesterday, the President focused more on the secular aspects of the holiday, pardoning two Thanksgiving turkeys brought to the White House by the National Turkey Federation. Today the turkeys will serve as the honorary grand marshall of the Thanksgiving Day Parade at Disneyland. However, President Bush did not totally ignore the religious element of the day, pointing out-- just before granting the formal pardon-- that "on Thanksgiving Day, we gather with loved ones and we lift our hearts toward heaven in humility and gratitude." (Full text of President's statement.) The White House website has a special web page devoted to Thanksgiving 2006, including the results of the online voting for the preferred names for the White House turkeys. The winning choice was Flyer and Fryer.
Joseph Knippenberg at No Left Turns discusses the history of Presidential Thanksgiving Proclamations, and the varying emphasis on religion in them. And in today's Washington Post, columnist Jon Meacham discusses how to fit Thanksgiving into America's church-state separation.
47 Congress Members Support "In God We Trust" As 9th Circuit Amici
The American Center for Law and Justice announced yesterday that it has filed a brief on behalf of 47 member of Congress (1 Senator and 46 Representatives) in the 9th Circuit case of Newdow v. Congress of the United States. The case involves a challenge to the constitutionality of the national motto, "In God We Trust". The amicus brief (full text) argues that the use of the national motto is fully consistent with the Establishment Clause. Relying on Supreme Court dicta and lower court decisions, the brief says that the motto merely reflects the historical role of religion in U.S. history. (See prior related posting.)
Virginia Protects Game From Being Hunted On Sundays
As deer hunting season begins, The Hook reported yesterday that one of the remaining "blue laws" in Virginia bans hunting on Sunday. Code of Virginia Sec. 29.1-521 provides, rather cryptically, that it is unlawful: "To hunt or kill any wild bird or wild animal, including any nuisance species, with a gun, firearm or other weapon on Sunday, which is hereby declared a rest day for all species of wild bird and wild animal life, except raccoons, which may be hunted until 2:00 a.m. on Sunday mornings." Virginia residents are split on whether the ban on Sunday hunting should be repealed. Apparently the state Game Department favors repeal to counter a decline in the sale of hunting licenses.
6th Circuit Upholds Retaliation Claim By School Official Invited To Gay Church
Yesterday in Scarbrough v. Morgan County Board of Education, (6th Cir., Nov. 22, 2006), the U.S. 6th Circuit Court of Appeals reversed a trial court's grant of summary judgment and permitted a school superintendent who was not appointed to a new position as director of county schools to proceed with his First Amendment retaliation claims against three members of a School Board of Education who voted against him. The court also permitted him to proceed under 42 USC Sec. 1983 against the Morgan County, Tennessee School Board itself. Plaintiff Paul Scarbrough argued that he was denied the position because a local newspaper had reported that he had agreed to speak at a convention sponsored by a church with a predominantly gay and lesbian congregation. In fact, he ultimately turned down the invitation to speak because of scheduling conflicts. The court held that the retaliation claims arise under the First Amendment's free speech clause, and dismissed a parallel free exercise of religion claim, as well as a freedom of association claim, saying that these are not independent causes of action.
Free Exercise Challenge To County Human Rights Code Dismissed As Moot
Arlington County Virginia's Human Rights Code (Code Chap. 31) prohibits discrimination on the basis of sexual orientation. Last year, Bono Film & Video, Inc. refused a request by Lilli Vincenz that it copy for her two videos about gays and lesbians. The family-owned company has a policy that it will refuse work that is inconsistent with its Christian and ethical values. Vincenz filed a complaint with the Arlington County Human Rights Commission. Initially it issued a decision finding that Bono Film and its owner had illegally discriminated against Vincenz. After Vincenz filed suit, the Commission reconsidered the decision and dismissed the case. Last week in Bono Film & Video, Inc. v. Arlington County Human Rights Commission, 2006 Va. Cir. LEXIS 194 (Cir. Ct. Arl. Co., Nov. 16, 2006), a Virginia trial court dismissed the suit that had been filed challenging the Commission's action. The court held that since no enforcement action had been taken against plaintiffs, they lacked standing to pursue the claim that Virginia law did not authorized the Commission to investigate sexual orientation discrimination claims. Their free exercise claims challenging the Commission's initial decision were found to now be moot. (See prior related posting.)
Wednesday, November 22, 2006
India's Supreme Court Will Consider Whether Superstition About 13 Is Religious
India's Supreme Court has agreed to review an unusual case in which a man from Kerala charges that superstitious avoidance of the number 13 by the government violates the India's secular constitution and is based on Christian ideas. His suit challenges the High Court of Kerala's decision not to have a Court number 13. Yesterday Reuters reported that the lower court held N.K. Chandramohan's suit was "frivolous" and fined him 10,000 rupees for trying to "malign" the court. But the Supreme Court on Monday said that "such superstitious behavior cannot be encouraged", and said it would hear the appeal soon.
Imams Removed From US Airways Flight For Suspicious Behavior
Six imams charge that they were unjustifiably removed yesterday from a US Airways flight that they had just boarded in Minneapolis. They were handcuffed and questioned by police and FBI agents before eventually being cleared. The Arizona Republic reports that the imams prayed in the airport waiting area before boarding the plane. On the plane, two of the imams asked for seat belt extensions, and one of them offered to give up his first class seat to another of the imams who was blind. All of this led a passenger to pass a note to a flight attendant saying the imams were acting suspiciously. Eventually the pilot, after conferring with ground personnel, decided that the imams should be removed from the flight. The Islamic civil rights group, CAIR, called for an investigation of the incident, and US Airways said it is looking into what happened.
Church of Norway Supports End of Official State Religion
The General Synod of the state Church of Norway has voted to support separation of church and state in Norway. Following on government hearings earlier this year (see prior posting), the synod voted 63-19 to end the 469-year tradition that made Lutheranism the official religion of the country. Today's International Herald Tribune reports that any change would require an amendment to Norway's constitution, and that requires action by two successive Parliaments.
European Rabbis To Set Up Divorce Enforcement Mechanism
The Rabbinical Centre of Europe based in Brussels is planning to set up a new mechanism to deal with husbands who flee to other countries in order to avoid orders of rabbinic courts in divorce cases. Under Jewish religious law, a woman may not remarry if her husband has not granted her a religious divorce ("get"). Many rabbinic judges are facing cases in which a husband who is ordered by the rabbinic court to grant his wife a divorce is instead moving to a distant Jewish community where his past is unknown. The European Jewish Press yesterday reported that now there are plans to set up a "Jewish Interpol" that will collect information from rabbinic courts throughout Europe and disseminate that information to leaders and rabbis in all Jewish communities. This will allow the Jewish community to which the person flees to pressure the husband to comply with the religious court decree. The proposal is expected to be adopted at a December conference of Jewish religious judges to be held in Brussels. The European Parliament has invited the judicial conference to hold some of its sessions in Parliament's judicial hall.
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