Religious Rehab Programs In US Prisons Examined

Sunday's New York Times carries a long article on governmentally-financed religious programs in state and federal prison facilities. The article, Religion for Captive Audiences, With Taxpayers Footing the Bill, is another of a series of articles by Diana Henriques (this one co-authored by Andrew Lehren) on governmental support for religious programs and organizations. (See prior postings 1, 2.)

UPDATE: Sunday's Lawrence (KS) Journal-World reports that likely presidential candidate Sen. Sam Brownback spent Friday night in the Louisiana State Penitentiary to promote faith-based programs n prisons.

Pennsylvania Supreme Court Won't Review Catholic Student Center

On Nov. 21, the Pennsylvania Supreme Court denied review in Diocese of Altoona-Johnstown v. Zoning Hearing Board, a case in which the appellate court held that a proposed Catholic Student Center at Penn State University should be classified for zoning purposes as a structure that will primarily be used as a place of worship, even though portions of the building would be used for other purposes as well. (See prior posting.) The Centre Daily Times today reports on the decision and the disappointed reaction of neighbors who were trying to keep the university facility our of their residential neighborhood.

Britain's Blair Calls For More Cultural Integration of Religious Groups

The AP reports that in Britain today, Prime Minister Tony Blair pressed for greater cultural integration of immigrants. He announced that grants to religious groups would only be given to those that promote understanding between different sectors of society. He said that all faith schools should team up with schools teaching a different religion and supported laws that require preachers arriving in Britain from overseas to be able to speak English.

Defendant Sues To Reverse Sentence To 12-Step Program

In October, Mindy Gayle Offutt pled guilty in a Rogers, Arkansas state court to a misdemeanor charge of possessing a controlled substance. Trial judge Doug Schrantz gave Offutt a 30 day suspended jail sentence and ordered her to attend 12 Narcotics Anonymous meetings. The suspension of the sentence would be revoked if she failed to attend. The Northwest Arkansas Morning News reports that yesterday in federal court in Fayetteville, Offutt sued to obtain an injunction so she is not forced to go the NA 12-step program (as well as damages). She claims that the program has a religious theme and that all participants are required to pray at the end of each session. She says that the First Amendment prohibits government from forcing anyone to participate in a religious activity.

Pakistan's Supreme Court To Hear Challenge To Agreement With UK On Child Custody

The United Kingdom-Pakistan Judicial Protocol on Children Matters is being challenged in Pakistan's Supreme Court. The Protocol provides that when a child is wrongfully removed from, or retained in, the UK or Pakistan, the courts in that country will not normally make decisions about residence (custody) or contact. Instead, they will order the child to be returned to his or her home country, so that the courts there can hear the case. (UK Foreign and Commonwealth Office summary.) However, according to the Pakistan Daily Times, today the Supreme Court will hear a case in which a father claims that principles of Islamic law should override the Protocol. At issue is a legal battle for custody of a British girl, now held by her father in Pakistan. The Lahore High Court had ruled that the girl should be returned to her mother. However her father says that Islamic law prohibits the girl being sent to her mother who is living in an adulterous relationship with another man. He claims that Pakistani law does not give effect to the Protocol.

Las Cruces Case Appealed To 10th Circuit

Yesterday's Las Cruces Sun-News reports that an appeal has been filed with the U.S. 10th Circuit Court of Appeals in Weinbaum v. City of Las Cruces, New Mexico. (See prior posting.) In the case, the trial court dismissed a claim that the city of Las Cruces had endorsed religion by adopting a logo that contains 3 crosses.

Israel-Vatican Commission Will Meet Shortly

Two meetings of the Israel-Holy See Permanent Bilateral Commission are scheduled in the near future-- one in December to be attended by experts, and a second in January to be attended by government ministers. They will deal with differences over the implementation of the 1993 Fundamental Agreement between the Holy See and the state of Israel. While mutual recognition treaties were signed by Israel and the Vatican in 1993 and 1997, negotiations on details have never been completed. Zenit yesterday reported that the Vatican hopes that these new negotiations will finalize an agreement to assure the Church ownership of Christian holy places, and to confirm the Church's tax exemptions. (See prior related posting.)

Bill To Protect Tithing In Chapter 13 Bankruptcies Passes Congress

A press release from the office of U.S. Senator Barak Obama reports that the House of Representatives yesterday passed the Obama-Hatch Tithing Bill, S. 4044. The bill protects an individual's right to continue reasonable charitable contributions, including religious tithing, while going through a Chapter 13 bankruptcy proceeding. Already passed by the United States Senate, the bill will now be sent to the President for his signature. The bill reverses the holding in a recent case that prevented the inclusion of tithes to a church or other charitable donations as "reasonably necessary" expenses for debtors in Chapter 13 who have incomes above their state's median.

Fallout Continues On Congressman Taking Oath Using Quran

At yesterday's White House press briefing (full text), Press Secretary Tony Snow was asked about last week's announcement by newly-elected Minnesota Congressman Keith Ellison that he intended to take his oath of office on the Quran. (See prior posting.) Here is Snow's exchange with a reporter (also covered by WorldNet Daily):

Q- Members of Congress, the Judiciary -- have been sworn in with a Bible since our nation began, including Jewish members, even though they don't subscribe to the New Testament. Now Congressman-elect Ellison of Minnesota has asked that he be sworn in with the Koran. And my question, the first of two: Does the President support this request, because he believes the Koran teaches nothing contrary to the freedoms in our Constitution? And if so, would he support the Book of Mormon being used to swear in LDS members of Congress if they ever ask for that?

MR. SNOW: That is an issue that the President does not need to adjudicate, and therefore, will not.

The Ellison debate was triggered by an article by conservative talk-show host Dennis Prager who insisted that Ellison should use a Bible for his oath of office. Yesterday the Council on American-Islamic Relations called on President Bush to rescind Prager's recent appointment to the U.S. Holocaust Memorial Council. The appointment, made last August, is for a term ending in 2011.

Religious Rhetoric Grows In Latin American Politics

A column in today's Miami Herald by Andres Oppenheimer reports that a growing number of Latin American politicians are embracing religion, or at lest pretending to do so. He cites examples from a number of countries, saying: "Many analysts see a growing political manipulation of religious fervor in the region, alongside a greater church influence in state affairs. Some fear that, much as in other parts of the world, religion will soon be used to fuel domestic and even regional confrontations."

Somalia Town Officials Threaten Beheading For Failure To Obey Prayer Mandate

In Bulo Burto, a town in southern Somalia, Islamic Courts officials are announcing over loud speakers that people need to pray five times a day. Public places such as shops and tea houses must close during prayer times and no one should be on the streets. Sheik Hussein Barre Rage, the chairman of the town's Islamic court, told the Associated Press yesterday that anyone who does not follow this edict "will definitely be beheaded according to Islamic law." The decision is not binding in other towns. The Council of Islamic Courts has occupied most of southern Somalia since taking over Mogadishu in June. (See prior posting.)

Ministerial Exception Applies To Connecticut Discrimination Statutes

Yesterday the Connecticut Appellate Court released its opinion in Rweyemamu v. Commission on Human Rights & Opportunities, (CT App., official release date Dec. 12, 2006), holding that the ministerial exception applies to preclude the state's Commission on Human Rights and Opportunities, as well as state courts, from exercising jurisdiction over a priest's racial discrimination claim against his diocese. The plaintiff, a black African ordained Catholic priest from Tanzania argued that he was passed over in favor of a less qualified white deacon for the position of parish administrator. Deciding an issue of first impression, the court held that the "ministerial exception" applies to Connecticut's employment discrimination statutes. In order to preserve First Amendment protections, secular institutions must defer to the decisions of religious institutions in their employment relations with their religious employees. The court also concluded that the state's Religious Freedom Restoration Act did not displace the ministerial exception. Yesterday's Stamford (CT) Advocate reported on the decision.

Articles Analyze Place Of Religion In Today's Europe

Two articles in today's papers explore the growing influence of religion in Europe. The International Herald Tribune carried an AP piece titled Church-State Relations Across Europe Heading Toward 'New Landscape'. Meanwhile Spero News carries a long analysis by Jytte Klausen titled Counterterrorism, Integration of Islam in Europe .

Peyote Damage Suit Against US, Utah, and County Dismissed

In Mooney v. United States [scroll to pg. 112] (D UT, Dec. 5, 2006), a Utah federal district court dismissed on sovereign immunity grounds a suit brought against the United States and the state of Utah for damages. Plaintiffs claim that they were being improperly prosecuted for using peyote in religious rituals. The court also dismissed plaintiffs' claims against Utah County, finding that there are no facts that show that the county has an official policy that infringes plaintiffs' right to use peyote in religious rituals. Yesterday's Salt Lake Tribune reports that the case stems from a dispute that began when police raided the Oklevueha Earthwalks church in Benjamin, Utah. (See prior posting.) There police seized 12,000 peyote buttons and charged the church's founders, James "Flaming Eagle" Mooney and Linda Mooney, with first-degree felonies. The charges were dropped after the Utah Supreme Court held that Utah law permits the use of peyote by members of the Native American Church, regardless of whether they are members of a federally recognized Indian tribe. (See prior posting.)

Indian Court Lets Dalits Enter Hindu Temple

In India on Tuesday, the Orissa High Court ruled that every Hindu, regardless of caste, has the right to enter any Hindu Temple. The ruling came in a case challenging the exclusion of lower-caste Dalits from the 300-year old the Jagannath Temple at Keredagada. Today's Zeenews reported on the decision.

Florida RFRA Challenge To Restriction On Feeding Homeless Dismissed

Today's Orlando (FL) Sentinel reports that a Florida federal district court has dismissed the challenge under Florida's Religious Freedom Restoration Act to to an Orlando ordinance that bans religious and charitable groups from serving meals to the hungry at the city’s Lake Eola Park and other areas downtown without first obtaining a special permit. Permits are available to any group or person only twice a year. (See prior posting.) The court said: "There are many ways to be charitable to the poor and homeless other than setting up large group feedings more than twice per year at Lake Eola Park." However this decision does not affect the First Vagabonds Church of God's First Amendment free expression challenge to the ordinance.

NYC Cop Sues City For Anti-Muslim E-Mail Harassment

In New York City, an Egyptian-born police captain in the city's elite anti-terrorism Cyber Unit has sued the city and a counter-terrorism adviser to the police department in federal court, charging them with religious discrimination. The suit involves daily e-mail briefings sent to the Intelligence Division by Bruce Tefft who worked for a company called Orion that provided the police with open source intelligence from its data base. The informational messages were preceded by virulent anti-Muslim and anti-Arab statements from Tefft. The city's contract with Orion ended in 2003, but Tefft on his own continued to send e-mail messages until the Department moved ineffectively to block them in 2005, and only succeeded in doing so earlier this year. The New York Daily News and the New York Times both cover the story.

Malaysia Courts Face Religious Dispute Over Custody Of Body

In Malaysia, last Wednesday Rayappan Anthony died at the Kuala Lumpur Hospital. The Star today reports on the complicated religious battle that ensued. When Rayappan's family went to claim his body on Thursday, Selangor Islamic Affairs Department officers stopped them, claiming Rayappan was a Muslim. On Friday, the Shah Alam Syariah High Court granted an application by the Selangor Islamic Religious Council (Mais) to claim Rayappan’s body but required Mais to get approval from the Federal Territory Syariah High Court. On Monday night, Rayappan's three daughters were subpoenaed to appear at a Syariah High Court hearing to present their contention that Rayappan returned to Christianity seven years ago. But the daughters refuse to appear, claiming that they are not Muslim and so are not subject to the court's jurisdiction. Instead, Rayappan’s 65-year-old widow, Lourdes Mary Maria Soosay, filed an application in the civil High Court in Kuala Lumpur asking for Rayappan's body to be released to her.

UPDATE: On Thursday, the Selangor Islamic Religious Council withdrew its claim to Rayappan's body for burial. Council chairman Mohamed Adzib Mohamad Isa said that after consulting religious experts, they determined that there was "overwhelming" evidence showing Rayappan was not a Muslim. (International Herald Tribune).

Pagan Group's Flyer To School Students Upsets Christians

Rob Boston at Wall of Separation blog has a posting that might have been titled "be careful what you wish for". Last summer, conservative Christians convinced the Albemarle County, Virginia School Board to open its so-called "backpack mail" to religious nonprofits, as well as secular groups, so flyers advertising a Vacation Bible School could be sent home with elementary school students. But now some Christian clergy and others are upset because some local Pagans who attend a Unitarian Universalist church have used "backpack mail" to distribute a flyer advertising a program that will "explore the traditions of December and their origins, followed by a Pagan ritual to celebrate Yule."One minister says this argues for placing Christian children in Christian schools or home schooling them.

West Virginia City Adds Jesus To City's Nativity Display

Last week, according to the AP, St. Albans, West Virginia put up the community's annual Festival of Lights holiday display. One of 350 light exhibits was a manger with shepherds, a guiding star, camels and a palm tree, but without baby Jesus, Mary or Joseph. The parks superintendent says the omission was out of concern over church-state issues, but Mayor Dick Callaway said it was for technical reasons-- it is difficult to create a baby out of lights in a small manger scene. At any rate, after the display received national publicity, the mayor and city council received critical e-mails and media inquiries from around the country. So, says yesterday's Charleston Gazette, Mayor Callaway informed city council on Monday that he had instructed the city’s parks officials to install a figure of the Christ child in the nativity scene. However he expressed puzzlement since the nativity scene without Jesus had been up for the last six years without a complaint.

Christian Fraternity Sues University Of Georgia

Another lawsuit pitting a Christian student group against a university attempting to enforce antidiscrimination provisions has been filed-- this time against the University of Georgia. Beta Upsilon Chi (BYX) is a fraternity of Christian male college students that requires its members to profess faith in Jesus Christ and to affirm a fundamentalist Christian doctrinal statement. The University of Georgia refused to re-register BYX as a recognized student organization in 2006 because the fraternity will not extend membership and eligibility for officership positions to all students regardless of religion. Yesterday, the Christian Legal Society and the Alliance Defense Fund filed suit on behalf of BYX (press release). The complaint (full text) alleges that the University's refusal violates BYX's rights to freedom of association, freedom of speech and expression, free exercise of religion and equal protection of the law. The case is Beta Upsilon Chi v. Adams, (MD GA, Dec. 5, 2006).

UPDATE: On Thursday, the University of Georgia agreed to recognize BYX as a registered student organization, and to exempt it from the University's non-discrimination and anti-harassment policy . (ADF Release). In its letter to BYX's attorney, the University said it will review its student organization policies in the near future. [Thanks to Joseph Knippenberg for the lead.]

Israel's Labor Court Holds Law Against Saturday Work Applies to Kibbutz

Israel's National Labor Court today ruled unanimously that the Israeli labor laws prohibiting Jews from working on Saturday apply to stores in kibbutzim. The decision is covered by Haaretz and by Arutz Sheva today. The opinion quotes early labor leader Berl Katznelson and Israeli writer Haim Bialik on the importance of the Sabbath to Israeli society and Israeli workers. The decision reverses a contrary holding by a Regional Labor Court that had voted to to rescind the charges against Kibbutz Tzora and six of its members.

UPDATE: YNet News on Wednesday reported that many small businesses operating on kibbutzim are angry at the Labor Court's ruling.

Jackie Mason Settles Suit With Jews For Jesus

Comedian Jackie Mason yesterday dropped his $2 million lawsuit against Jews for Jesus in exchange for an apology from the group, according to an Associated Press report today. The New York Times reports that the settlement was reached after about 45 minutes of negotiation in the judge's chambers. Last month, a New York federal district court denied Mason's request for a preliminary injunction in his suit claiming that Jews for Jesus had misappropriated his image for advertising and trade purposes. (See prior posting.) Mason objected to a pamphlet put out by JFJ featuring his image next to the words "Jackie Mason ... A Jew for Jesus!?" with information inside on similarities between Jews and Christians. JFJ's letter offers "sincere apologies for any distress" the pamphlet had caused, and says that JFJ is "willing in the interest of ahavat yisrael [love of Israel] and shalom [peace] to retire this particular evangelistic tract."

Developments In India On Claims For Equal Treatment Of All Religious Groups

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.

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

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.

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.

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).

From SmartCILP:

• 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).

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."

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."

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.

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.

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.

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.

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...."

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.

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.]

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."

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".

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.

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.]

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.

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.)

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.)

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).

Recent Books on Church-State Issues in the U.S.:

• 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).

Recent Books on Religion and State In Europe and Asia:

• 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.)

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.

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.