In 2 Cases, Congregation Members Seek Court Ouster of Clergyman

Members of a mosque in Trenton, New Jersey filed suit last month, asking the court to oust the imam currently leading the mosque. The Trenton Times reported yesterday that founding members of the mosque allege that Imam Sabur Abdul Hakim has changed religious practices at the mosque. He and a small group of followers want the mosque to follow the rigid Salafi doctrine. Plaintiffs also say that Hakim appointed his son-in-law as "ameer" last August, without an election by the congregants. The suit seeks not only the removal of the Imam and the ameer, but also an accounting for mosque funds and a new election of trustees by congregation members.

Meanwhile, yesterday's Boston Globe reports on another legal fight to oust a clergyman. In Brocton, Massachusetts, a state Superior Court judge has issued a temporary injunction returning control of the First Baptist Church of Whitman to a group of congregants who are attempting to oust Rev. Michael Fernandez. The congregants are led by the former clerk of the church, Jean Porter. That group has voted in its own slate of church officers, restored the church's former bylaws and has voted to terminate Fernandez as pastor. They say that Fernandez never gained certification from the American Baptist Churches of Massachusetts, as required by the church's bylaws. The current situation arose when Fernandez decided to bring his growing former congregation from Holbrook to the church in Whitman whose membership was declining. However, the two congregations essentially continued to function separately, though Fernandez took control of the building, a bank account and the church's website. Now Fernandez says he will move his followers to Hanover instead of fighting the legal battle to stay at the Whitman church.

Two Interesting Tributes To Jerry Falwell

Today's Los Angeles Times publishes an unusual tribute to the late Rev. Jerry Falwell. It is from Hustler Magazine publisher Larry Flynt who won a Supreme Court victory over Falwell in 1988. In Hustler Magazine v. Falwell, (Sup. Ct., 1988), the Court rejected Falwell's attempt to collect damages from Flynt for libel and infliction of emotional distress caused by a parody advertisement depicting Falwell in a drunken incestuous rendezvous with his mother in an outhouse. Subsequently they became friends and went around the country debating morals and the First Amendment on college campuses. Flynt's tribute reads in part:

[T]he reverend and I had a lot in common. He was from Virginia, and I was from Kentucky. His father had been a bootlegger, and I had been one too in my 20s before I went into the Navy. We steered our conversations away from politics, but religion was within bounds. He wanted to save me and was determined to get me out of "the business."

My mother always told me that no matter how repugnant you find a person, when you meet them face to face you will always find something about them to like. The more I got to know Falwell, the more I began to see that his public portrayals were caricatures of himself. There was a dichotomy between the real Falwell and the one he showed the public.

He was definitely selling brimstone religion and would do anything to add another member to his mailing list. But in the end, I knew what he was selling, and he knew what I was selling, and we found a way to communicate.

A less surprising tribute came from former House speaker Newt Gingrich, appearing Saturday as commencement speaker at Falwell's Liberty University. (Washington Post). Gingrich told reporters: "Anybody on the left who hopes that when people like Reverend Falwell disappear, that the opportunity to convert all of America has gone with him fundamentally misunderstands why institutions like this were created."

UPDATE: Here is a transcript of Gingrich's commencement remarks.

Ohio Court Upholds Both Parents' Right To Influence Child's Religious Practies

In Holder v. Holder, (OH App., May 11, 2007), an Ohio appellate court rejected a custodial father's claim that the trial court should have ordered his former wife to refrain from taking their daughter to religious activities. The father, a Catholic, objected to the rigid restrictions imposed by his former wife's United Pentecostal Church. The majority opinion said that while the mother has the right to have their daughter participate in religious activities, it is the court's expectation that the mother will not continue to foster conflict and to attack he former husband's religious orientation by means of their daughter. A concurring judge said that he is convinced that the mother consistently places her religious obligations ahead of her child's best interests. However, he was unwilling to find that the trial court had committed a sufficient abuse of discretion to reverse its findings.

Recent Prisoner Free Exercise Decisions

In Robins v. Lamarque, 2007 U.S. Dist. LEXIS 34803 (ND CA, April 27, 2007), a California federal district court permitted a Muslim prisoner to proceed with a claim that during a period of over seven months, he was allowed to attend only one religious service.

In Van Patten v. Schmidt, 2007 U.S. Dist. LEXIS 35247 (ED WI, May 14, 2007), a Wisconsin federal district court permitted a prisoner to proceed with his claim that his religious property had been confiscated and that he was prevented from practicing his religion while in jail.

In Piskanin v. Hammer, 2007 U.S. Dist. LEXIS 35177 (ED PA, April 26, 2007), a Pennsylvania federal district court rejected a prisoner's free exercise claim growing out of authorities' taking from plaintiff his "Miraculous Medal" when he was placed on suicide watch. He was unable to wear his Miraculous Medal necklace for about 30 days.

In Burke v. North Dakota Department of Correction and Rehabilitation, 2007 U.S. Dist. LEXIS 35733 (D ND, May 16, 2007), a North Dakota federal district court permitted a Hindu prisoner to proceed with free exercise and equal protection claims. The prisoner complained that he has been denied a "religious study day" similar to one given to Christian inmates, as well as access to ritual items such as camphor, kumkum, incense, and butter lamps. He also protests that the penitentiary chaplain refuses to recruit non-Christian volunteers to work with inmates.

In Metras v. Pollard, 2007 U.S. Dist. LEXIS 36015 (ED WI, May 16, 2007), a Wisconsin federal district court rejected a prisoner's free exercise claim, finding that the damaging of his rosary during a search of his cell did not restrict the exercise of his religious beliefs. Apparently the prison guard was testing the material in the rosary, and did not destroy it because of its religious nature.

In Hanley v. Merced County Sheriff's Department, 2007 U.S. Dist. LEXIS 36263 (ED CA, May 3, 2007), a California federal Magistrate Judge ruled that a prisoner's complaint alleging that he was not allowed to wear his cross did not adequately set out the relationship of the restriction to his free exercise of religion. The judge gave the prisoner 30 days to amend his complaint to allege that defendants substantially burdened the practice of a central tenet or belief of his religion by preventing him from engaging in conduct mandated by his faith.

China Restricts Saka Dawa Buddhist Rites For School Children

Phayul.com reported yesterday that Chinese authorities who control the Tibet Autonomous Region have taken steps to restict school children from participating in religious activities during the Buddhist holy month of Saka Dawa. The holy month began on May 17. The Lhasa City Committee told parents of school children that their children would be expelled from school if they visited monasteries were found circumambulating and wearing amulet thread during Saka Dawa. This year, a new law, Measures for the Regulation on Religious Affairs, entered into force in the Tibet region.

Georgia's Tax Exemption For Bibles and Religious Papers Held Unconstitutional

In Budlong v. Graham, 2007 U.S. Dist. LEXIS 36101 (ND GA, May 16, 2007), a Georgia federal district court struck down Georgia's sales and use tax exemptions for Bibles and other books recognized as holy scriptures, and for religious papers published by non-profit religious institutions. The court held that even if the state has a compelling interest in this content-based classification, the exemptions are not "narrowly tailored". It said: "If the purpose of the exemptions is to alleviate monetary burdens imposed on religious practice, the exemptions are significantly under-inclusive, failing to include the much broader range of religiously motivated retail activities currently subject to the tax." This, in the court's view, invalidates the exemptions under the Free Press clause of the First Amendment. Finding that basis for invalidity, the court declined to reach the Establishment Clause, due process and state constitutional challenges brought by plaintiff.

Ohio House Presses Its Guidelines For Invocations

Sessions in the Ohio House of Representatives regularly open with a prayer from an invited member of the clergy. The House has Guidelines for them: prayers should be non-denominational, non-sectarian and non-proselytizing, and they should avoid contentious subjects. They go on to provide: "In order to ensure that the above guidelines are met, we are asking that you submit a copy of your prepared remarks at least 72 hours prior to the session day for which you are scheduled. Failure to do so will prohibit you from delivering your prayer. If it is determined that the prayer is of a denominational, sectarian or proselytizing nature, we will ask for it to be changed to conform to the guidelines."

The Columbus Dispatch reported yesterday that House Clerk Laura Clemens has sent a memo to all House members saying that increasingly ministers are ignoring the guidelines. In particular their prayers are becoming more sectarian. Apparently the memo was sparked by an invocation several days ago in which Rev. Keith Hamblen, pastor of Lima, Ohio's Calvary Bible Church, referred to Jesus several times, spoke favorably of church-sponsored schools and mentioned bills up for debate that day, including a controversial proposal on regulating strip-clubs.

Raymond Vasvari, former legal director for the Ohio ACLU, said the House has a problem. If, in trying to assure that prayer is non-sectarian, it reviews invocations of invited ministers in advance, this is akin to an illegal prior restraint. [Thanks to Alliance Alert for the lead.]

Cross In Idaho County Seal Questioned

An op-ed yesterday in Sun Valley Online questions action taken in 2005 by the Canyon County, Idaho Commissioners. They adopted a redesigned county seal. Among the buildings, wildlife and farmland depicted on the seal is a church with a cross on top. Jenny Fultz, who designed the new seal, said: "I chose what I felt was one of the symbols that is most widely recognized as spirituality. When you see a cross you think of not just Christianity, but religion in general."

Conservative Group Issues Report On Muslim Charities In U.S.

Last month the conservative group, Judicial Watch, released a report titled Muslim Charities: Moderate Non-Profits or Elaborate Deceptions? The report claims that a number of these charities in the United States are front organizations for Islamic terrorist groups. [Thanks to today's Law Librarian Blog for the lead.]

ACLU Sues Louisiana School District Over Bible Distribution

The Louisiana chapter of the American Civil Liberties Union announced yesterday that it had filed yet another lawsuit against the Tangipahoa Parish School Board, this time to stop the Board from allowing the distribution of Gideon Bibles to students on school property during the school day. The suit was filed on behalf of a fifth grade student, identified only as Jane Roe, and her father. In the past 13 years, the ACLU has filed 5 other religious liberty lawsuits against the Tangipahoa Board. (See prior related posting.)

The complaint filed in federal court (full text) alleges that the student's teacher led the entire class out to the Gideons so they could each get a Bible, and that students were pressured by fear of being criticized or ridiculed into accepting a copy. The Associated Press, reporting on the lawsuit, quotes ACLU state director Joe Cook as saying that the teacher's actions disrespected parents rights to choose the religious tradition in which they wish to raise their children.

Canadian Appellate Court Upholds Hutterites Right To License Without Photo

In Hutterian Brethren of Wilson Colony v. Alberta, (Alberta Ct. App., May 17, 2007), an Alberta Court of Appeals , upholding a lower court decision, held that the refusal to issue Hutterites drivers' licenses without photos on them unjustifiably infringes their freedom of religion protected by Canada's Charter of Rights and Freedoms. Justice Slatter dissenting argued that the accommodation offered by the Province was sufficient. It had proposed issuing Hutterites an Operator’s Licence in a folder marked as property of the Province of Alberta so that Hutterites would never need to come into physical contact with the license. Also their photos would be placed in the Province's digital facial recognition database. Canadian Press yesterday reported on the decision.

Street Preachers Successfully Challenge City's Permit Ordinance

In World Wide Street Preachers' Fellowship v. City of Grand Rapids, 2007 U.S. Dist. LEXIS 35698 (WD MI, May 16, 2007), a Michigan court gave a partial victory to a Christian preacher who had been arrested for preaching loudly without a permit near a Pagan Pride Festival in a Grand Rapids, Michigan park. While the court upheld the city's breach-of-the peace ordinance, it granted a preliminary injunction against enforcing the its permit ordinance, finding that it is overbroad and not narrowly tailored. While the permit ordinance violated plaintiff's speech rights, it did not violate his free exercise rights.

Istanbul Authorities Limit Swimsuit Photo Displays

A new controversy between secularists and Islamists in Turkey is being reported by Pakistan's Daily Times. Recently the municipality of Istanbul ordered stores selling Turkish-manufactured Nelson swimsuits to get permission before displaying photos of models in swimsuits and bikinis on store front windows on main streets. The government then denied permission to four companies. Secularists say this is another attempt of Islamists to interfere in daily life of Turks. Istanbul's municipal planning department says the applications were denied because they were not in proper form.

Creationism Museum To Open; Generates Opposing Petition Campaign

A $27 million museum promoting creationism is set to open in Petersburg, Kentucky on May 28. The Campaign To Defend the Constitution is beginning a petition campaign on its website to oppose the Answers in Genesis Creation Museum. Def Con's petition argues that the museum attacks children’s basic understanding of fundamental scientific principles. Wednesday's Cincinnati Enquirer reports that museum defenders say that their critics should see the museum before they speak out against it.

More On Israel's Rabbinic Court Appointments Dispute

Religion Clause has followed the recent controversy in Israel over the appointment of 15 rabbinic court judges (see prior postings 1, 2, 3). These courts have jurisdiction over various status and family law matters. The Jerusalem Post reported on Wednesday that the Dayanim Election Committee has formally decided to annul the original appointments and to start the selection process over. Meanwhile, in another article, the JP reported that Justice Minister Daniel Friedmann defended his role in the matter before the Knesset Law Committee. However he also suggested that there should be changes in the law that would allow women to become religious court judges. This could only be done by changing the requirement that only rabbis can serve. Friedmann also said he would like to see litigants in the courts have an option of choosing a civil law alternative to Jewish religious law to govern their disputes if they wish.

Catholic House Members Criticize Pope's Statement

On Tuesday, The Hill reported that 18 Catholic Democratic members of the House of Representatives criticized remarks made last week by Pope Benedict XVI. The Pope, on his way to Brazil, suggested that he supports excommunication of legislators who support abortion rights. (See prior posting.) The Congressional members' May 10 statement (full text) said: "religious sanction in the political arena directly conflicts with our fundamental beliefs about the role and responsibility of democratic representatives in a pluralistic America – it also clashes with freedoms guaranteed in our Constitution. Such notions offend the very nature of the American experiment and do a great disservice to the centuries of good work the church has done."

Texas School District Sued Over Bible Curriculum

A lawsuit filed yesterday in a Texas federal district court on behalf of 8 parents of high school students challenges the constitutionality of a course in The Bible in History and Literature offered by two Odessa, Texas schools. The courses use the King James version of the Bible as a text. They follow the curriculum developed by the National Council on Bible Curriculum in Public Schools, after the school superintendent rejected an alternative curriculum developed by the Bible Literacy Project that is generally seen as more inclusive. (See prior posting and and an article from yesterday's Wall Street Journal.)

The complaint in Moreno v. Ector County Independent School District, (WD TX, filed May 16, 2007) (full text) alleges that the curriculum that was adopted promotes a particular religious interpretation of the Bible-- ignoring or dismissing other viewpoints-- and does not reflect current and reputable Biblical scholarship. It teaches the Bible as literal, historical truth and presents a religious interpretation of American history that does not reflect objective scholarly standards.

The suit was filed on behalf of the parents by the American Civil Liberties Union (press release) and People for the American Way (press release). ACLU lawyer Daniel Mach charged that the course "is about proselytizing one set of religious beliefs to the exclusion of others. Students who don't share those beliefs should not be treated as outsiders by their own schools." Also, he said that the course "requires students to give 'true' or 'false' answers to questions that are a matter of religious faith."

Can Children Use Peyote In Native American Religious Ceremonies?

While the use of peyote in Native American religious rituals may be protected by statute at the federal level and in many states, a family court in Leelanau County, Michigan faces a more difficult question. May Native American parents give their minor children peyote in religious ceremonies? Wednesday's Leelanau Enterprise discusses the case. The Leelanau county prosecutor is asking the court to take jurisdiction over five children who were given the hallucinogen after the Tribal Court of the Grand Traverse Band of Ottawa and Chippewa Indians failed to asset jurisdiction in the case. In a similar 2003 case, a Michigan family court judge ruled that a 4-year old could not ingest peyote, but that he could when he is fully aware of the implications, is physically and emotionally ready, and has the permission of both his parents.

Judge Lifts Temporary Ban; Lets Autopsy On Executed Prisoner Proceed

Lifting an earlier temporary injunction he had issued (see prior posting), a Tennessee federal district court judge has ruled that an autopsy can be performed on the body of executed prisoner Philip Workman. Workman, a Seventh Day Adventist, had requested on religious grounds that no autopsy be performed and that no chemicals or fluids be removed from his body. Judge Todd J. Campbell, however, ruled Tuesday that, while Workman's religious objections were sincere, the state has a "compelling interest in assessing the effects of the lethal injection protocol that has been the subject of widespread constitutional challenge in recent years." The Associated Press reporting on the ruling, says that the judge also ordered that no autopsy be performed until after May 24 in order to give Workman's family time to appeal the ruling.

UPDATE: Nashville's News Channel 5 reported on Thursday that Workman's family has reached an agreement with the state medical examiner to permit him to perform an autopsy on Workman, but in a way that is minimally invasive.

North Carolina Village Bans Sectarian Invocations

On Monday night, the Clemmons, North Carolina Village Council, by a vote of 3-2, followed the advice of its Village Attorney and voted to ban sectarian invocations at Council meetings. The new policy requires that invocations "be nonsectarian in nature, without reference to any particular religion, denomination or sect, nor to any symbol or deity thereof." Yesterday's Winston-Salem Journal reports that letters will be sent to local religious leaders to explain the policy and give examples of inappropriate references. This vote took place at the same time that the county commission of Forsyth County-- where Clemmons is located-- took a different route and approved a policy permitting sectarian prayer. (See prior posting.)

Moldova Rushes New Religion Law Through Parliament

Forum18 reported yesterday that a new Religion Law has been rushed through Moldova's Parliament, and that officials say no one will be able to read it until it has been promulgated by the President and published in the Official Monitor. Stefan Secareanu, who chairs the Parliament's Committee for Human Rights and National Minorities, says that the bill is still being edited to reflect all the amendments that were adopted. He says that the bill retains a ban on abusive proselytism, but that using "disinformation" has been removed from the definition of banned practices. The final bill also requires 100 adults members before a religious group will be recognized. Minority religious groups object to this limit, while the Russian Orthodox Church in Moldova thinks the new bill is not restrictive enough.

NY Jail Chaplain Charged For Distributing Anti-Muslim Tracts

A Rockland County, New York jail chaplain, suspended with pay last month pending an investigation of complaints that she distributed anti-Muslim literature (see prior posting) has now been charged administratively with eight counts of misconduct. Rev. Teresa Darden Clapp's suspension was also changed to one without pay. Yesterday's Lower Hudson Valley Journal News says that after listening to concerns of the local Muslim community, jail officials said they would hire an imam as a Muslim chaplain, and would begin to serve Muslim prisoners Halal food.

Communion Wine Now Permitted In New Zealand Prisons

New Zealand's Corrections Department has changed its interpretation of New Zealand law and will now permit small amounts of Communion wine to be consumed in prisons by Chaplains and prisoners. Catholic News reported yesterday that the reversal of policy came after objections from the Catholic Church and politicians. Authorities will seek an amendment to the Corrections Act 2004 that now prohibits alcohol from being taken into prisons so that it clearly reflects the new exemption for sacramental wine.

Group Aims At Proselytizing State Legislators

Jews on First this morning carries a lengthy report on Capitol Ministries, a group that is focused on bringing a Christian message to state legislators and their staffs around the country. It has already formed Bible study groups in over a dozen state capitals. The group's leader, Ralph Drollinger, has a record of criticizing Catholics, gays and mothers of young children who serve in state Legislatures.

9th Circuit: LA County's Removal of Cross From Seal OK

Yesterday in Vasquez v. Los Angeles County, (9th Cir., May 15, 2007), the U.S. 9th Circuit Court of Appeals rejected an Establishment Cause challenge to a 2004 change made to the seal of Los Angeles County. Ernesto Vasquez, a resident, taxpayer and county employee, argued that the change, which removed a cross from the seal and replaced it with a picture of a historic mission, amounted to a state-sponsored message of hostility toward Christians.

The court held that plaintiff had standing to bring the challenge, holding that "spiritual harm resulting from unwelcome direct contact with an allegedly offensive religious (or anti-religious) symbol is a legally cognizable injury and suffices to confer Article III standing." However it rejected Vasquez's claim on the merits. The County removed the cross to avoid a potential Establishment Clause problem. The court held that this is a secular purpose. As to effect, the court said "a 'reasonable observer' familiar with the history and controversy surrounding the use of crosses on municipal seals would not perceive the primary effect of Defendants' action as one of hostility towards religion." Reuters and AP both reported on the decision.

EU Officials Meet With Religious Leaders

On Tuesday, European Union leaders held a meeting with twenty religious leaders of Christianity, Judaism and Islam. At the meeting, German Chancellor Angela Merkel said that there was no chance of reviving the proposal to include a mention of God or Europe's Christian roots in a redrafted European Union constitution. (International Herald Tribune). At the meeting which focused on increasing religious tolerance and improving interfaith relations, British Chief Rabbi Sir Jonathan Sacks raised the issue of anti-Semitism in Europe-- a topic on which the EU will soon publish a report. (European Jewish Press.)

MD Governor Bars Discrimination In Executive Branch Employment Practices

On Tuesday, Maryland's Governor Martin O'Malley signed Executive Order 01.01.2007.09 creating a Code of Fair Employment Practices. It bars any state administrative agency or executive branch department from discriminating on the basis of age, ancestry, color, creed, genetic information, marital status, mental or physical disability, national origin, religious affiliation or belief or opinion, race, sex, or sexual orientation. Bizjournals reported on the executive order yesterday.

Proposed Israeli Law May Signal Major Shift On Religion-State Framework

An interesting op-ed in yesterday's Haaretz discusses a new draft law being considered by the Knesset, titled "The Sabbath - A Day of Culture and Rest". Columnist Yedidia Stern says that National Religious Party support for the bill signals a fundamental change in the relation of religion and state in Israel. Past insistence of religious-Zionist rabbis on making no changes to the status quo has, Stern said, made them increasingly irrelevant. Now, Stern claims, these rabbis are willing to opt for a socioeconomic, cultural, historic and national Jewish state, even if its laws do not impose rigid religious requirements.

En Banc Rehearing Sought In 9th Circuit Approval of SF Noise Ordinance

A petition for for an en banc rehearing by the full 9th Circuit (full text) was filed last week in Rosenbaum v. City and County of San Francisco. In April, a 3-judge panel deciding the case rejected constitutional challenges to San Francisco's enforcement of its noise and its permit ordinances against Christian evangelists seeking to use sound amplification equipment for their preaching in the streets and parks. An Alliance Defense Fund release reports on the filing.

Swiss Politicians Want To Ban Building of Minarets

In Switzerland, right-wing Swiss National Party and Federal Democratic Union party members are gathering signatures to call for a national vote to ban the construction of minarets in the country. They say minarets are a symbol of power and threaten law and order. (Minarets are towers attached to mosques from which the Islamic call for prayer traditionally is broadcast.) Swiss President and Foreign Minister Micheline Calmy-Rey says the proposal threatens religious liberty that is guaranteed in the country and would endanger Swiss security. Today's Australia Daily Telegraph reports on the move.

Kuwaiti Education Minister Refuses To Wear Veil In Parliament

Kuwait's Education Minister Nouriya Al-Subeeh has created a controversy by refusing to wear a veil in Parliament. Asia News yesterday reported that Islamist MPs claim that the 2005 Election Law that gives women political rights, but mandates that they respect Islamic law, means that the veil is required. But others say that, except in a mosque, wearing a veil is a personal choice. A number of academics support Al-Subeeh and say her choice should be respected.

Moral Majority Founder Jerry Falwell Dies

Jerry Falwell, founder of the Moral Majority, died today at age 73. The New York Times, eulogizing him, said:

Mr. Falwell went from being a Baptist preacher in Lynchburg to carving out a powerful role in national electoral politics. He was at home in both the millennial world of fundamentalist Christianity and the earthly blood sport of the political arena. As much as anyone, he helped create the religious right as a political force, defined the issues that would energize it for decades and cemented its ties to the Republican Party.

UPDATE: On Tuesday afternoon, the White House issued a statement saying that the President and Mrs. Bush are saddened by Falwell's death. It continues: "One of his lasting contributions was the establishment of Liberty University, where he taught young people to remain true to their convictions and rely upon God's word throughout each stage of their lives."

Discussion of God In the Presidential Election From Larry King Live

On CNN yesterday, Larry King Live featured a discussion with five leading figures on "What's God Got To Do With Electing America's Next President". Featured on the show were Reverend Albert Mohler, Jr. president of the Southern Baptist Theological Seminary; David Kuo, the Washington editor of Beliefnet.com; Reverend Jim Wallis, editor-in-chief of "Sojourners" magazine; Reverend Barry Lynn, executive director of Americans United for Separation of Church and State; and David Gergen, who served as White House adviser to Presidents Nixon, Ford, Reagan and Clinton. The full transcript of the show and five minutes of video clips from it are available online. [Thanks to Michael Lieberman for the lead.]

Forsyth County NC Adopts New Invocation Policy In Face Of Litigation

The Forsyth County, North Carolina, Board of Commissioners Monday night voted 4-3 to approve a new policy that calls for inviting local clergy and religious leaders who are listed in the Yellow Pages to deliver invocations at Board meetings. They would be assigned on a "first-come, first-served basis" according to the report in today's Winston-Salem Journal. The policy language was recommended by the Alliance Defense Fund. The policy permits the invited clergy to deliver sectarian prayers. It provides: "Neither the board nor the clerk shall engage in any prior inquiry, review of, or involvement in, the content of any prayer to be offered by an invocational speaker." The vote comes in response to a lawsuit filed in March by the ACLU and Americans United challenging the county's unwritten policy that permitted sectarian invocations. The final Board vote on the new policy split along party lines. Opposing the new policy, Democrat Walter Marshall said: "I think religion has been prostituted. I have already felt the hate of people and what religion can do."

Fidelis Protests Clinton Campaign Video

CNS News.com reports today on a controversy that has arisen over the use of a picture of Mother Theresa in a Hillary Clinton campaign video. Joseph Cella, president of the Catholic advocacy group Fidelis, has urged Clinton's presidential campaign to edit out the brief shot of Mother Teresa standing with then-First Lady Hillary Clinton. Cella says that Clinton's pro-abortion stance is contrary to the beliefs of Mother Theresa. The disputed video is a 5-minute presentation narrated by Bill Clinton and includes a clip of Mrs. Clinton's speaking at the 1995 Beijing Conference, saying: "It is no longer acceptable to discuss women's rights as separate from human rights." Fidelis issued a release outlining its objections. Here is the video on YouTube (the disputed shot is at 2:26).

NJ Supreme Court Dismisses RLUIPA Land Use Appeal

North Jersey.com reports that the New Jersey Supreme Court has dismissed the appeal in St. Joseph’s Korean Catholic Church v. Zoning Bd. Of Rockleigh (Docket No. A-30-06). The court had originally granted certification to decide whether the Borough of Rockleigh's zoning ordinances unconstitutionally discriminate against houses of worship and whether the Planning Board's denial of a variance to a Korean Catholic Church violates RLUIPA. The Appellate Division had upheld the planning board's determination in which it found that the church would not have room to expand to meet the needs of its growing congregation even if the requested variance was granted. (See prior related posting.)

Official French Jewish Group Elects New Head

In France yesterday, a cardiologist supported by the Ashkenazi community was elected president of CIRF, the umbrella organization that represents the Jews of France in dealings with the French government. CIRF, set up after World War II, is comprised of 165 voting members representing various Jewish organizations in France. Haaretz, reporting on the election, says that France's 500,000 Jews are now largely of North African descent, and CIRF has been criticized for not reflecting that demography. Two candidates of North African descent came in third and fourth in the election.

Anti-Abortion Protester's Claim Survives Dismissal Motion-- But Barely

In McTernan v. City of York, 2007 U.S. Dist. LEXIS 34809 (MD PA, May 11, 2007), a Pennsylvania federal district court held that while plaintiff's case is very thin, it refused to dismiss a Christian pro-life advocate's claim that his free speech, freedom of assembly and free exercise rights were violated when a police officer threatened to arrest him if he again entered an alley next to a Planned Parenthood facility. The court, however, did dismiss plaintiff's claim that the City of York's decision to deploy extra officers to Planned Parenthood was a deliberate action aimed at depriving him of his constitutional rights.

New Appointees To USCIRF Named

President George W. Bush announced last week that he intends to make three appointments to the United States Commission on International Religious Freedom. He will reappoint Chairman Michael Lewis Cromartie for a two year term. He will appoint Talal Eid for a two-year term and Leonard A. Leo for one year. A CNA report gives more detail on the nominees. Cromartie is Vice President at the Ethics and Public Life Center. Leo is Executive Vice President of the Federalist Society. eid is the founder and director of the Islamic Institute of Boston (prior AP story).

Last month, U.S. Senate Majority Leader Harry Reid and Sen. Hillary Rodham Clinton announced the appointment of Don Argue to USCIRF. He is President of Northwest University in Kirkland, Washington and was formerly President of the National Association of Evangelicals. (Melissa Rogers has more on this appointment.)

Under Sec. 201 of the International Religious Freedom Act, the President chooses three Commissioners; four are chosen by the Congressional leaders of the party not in the White House; and two by the leaders of the President's party in Congress. The Congressional picks are split between Senate and House leaders. (See USCIRF FAQ)

Chicago Church Loses Property Tax Challenge On Jurisdictional Grounds In 7th Circuit

Yesterday, the U.S. 7th Circuit Court of Appeals dismissed for lack of jurisdiction a church's attempt to avoid eviction from its property by the city of Chicago. The city had obtained a tax deed to the church after the church failed to pay over $100,000 in assessed property taxes. In Beth-El All Nations Church v. City of Chicago, (7th Cir., May 14, 2007), the court dealt with a range of procedural complexities in applying the Rooker-Feldman doctrine that precludes use of lower federal courts to overturn a final state court judgment. Attorneys for the church focused their arguments primarily on a notice that had been sent to the church at a wrong address. However state courts had already held that this did not amount to fraudulent concealment of the tax sale of the church's property, so the church could not avoid the statute of limitations that by then barred the church's challenge to the lack of notice. The Court of Appeals pointed out that the church still had the possible option of challenging the tax sale in state court on the grounds that the property was in fact tax exempt. [Thanks to Alliance Alert for the lead.]

Pittsburgh Diocese Separately Incorporates Its High Schools

Last week's Pittsburgh (PA) Catholic reports on the restructuring of the legal organization of eight Catholic high schools in the Diocese of Pittsburgh. Each school will be separately incorporated as a Pennsylvania non-profit corporation. Currently 7 of the schools are operated directly by the diocese and one is operated by a parish under diocesan auspices. the reorganization occurs in the wake of legal battles elsewhere over whether parochial school assets are available to satisfy claims of diocesan creditors. (See prior related postings 1, 2.)

New York Arabic Culture School Raises Concerns Among Neighbors

Today's New York Sun reports on growing concern over New York school authorities' decision to open a new middle school in Brooklyn that will focus on Arabic language and culture. The new Khalil Gibran International Academy will be in a building that houses two other specialized schools in a neighborhood with a heavy Arab-American population. Other parents say they are concerned that the school will become a vehicle for extremist political and religious ideology. The Department of Education, however, says the school will be secular, is open to anyone, and will be closed down if it shows any indication of becoming religious.

New British Rules Require Churches To Post No-Smoking Signs

In Britain, clergymen are angry about new Department of Health regulations-- the Smoke-free (Signs) Regulations 2007-- that will require churches to post no-smoking signs at church entrances by July 1. Today's London Telegraph reports that the Dean of Southwark, the Very Rev. Colin Slee, who is the spokesman for the Association of English Cathedrals, said: "It is such nonsense. One is bound to ask, when did you last hear of somebody smoking in church?"

Baccalaureate Services Declining In Popularity

The Springdale (AK) Morning News reports that the number of schools having a baccalaureate service as part of graduation activities has declined as schools become increasingly concerned about church-states issue posed by the traditionally religious services. The programs usually feature prayers, religious songs and bible readings. They need to be sponsored by private groups rather than the school itself in order to meet constitutional requirements. Arkansas' Gravette High School is holding its popular baccalaureate service again this year. Principal Jo Ellen Hastings,says no one from the Gravette School Board has told them to discontinue the practice.

Funding For Parochial Schools To Be An Issue In Ontario This Fall

In the Canadian province of Ontario, Parents for Educational Choice is working to make funding for non-Catholic religious schools an issue in this fall's political campaign. Currently public and Catholic schools are funded based on their enrollments. PEC supports equal governmental funding for all independent schools that meet government enrollment and educational standards. Saturday's Brockville Recorder & Times published an article outlining a recent meeting between a PEC representative and parents of New Dublin's Heritage Community Christian School. The article points out that between 2001 and 2003, Ontario had a $3500 tax credit for parents who sent their children to any independent religious or private school.

New Law and Religion Articles-- Many to Choose From This Week

From SSRN:
Rev. John J. Coughlin, O.F.M., Apostolic Signatura, (Notre Dame Legal Studies Paper No. 07-31, May 8, 2007).

Richard W. Garnett, Pluralism, Dialogue, and Freedom: Professor Robert Rodes and the Church-State Nexus, (Journal of Law and Religion, Vol. 22, Forthcoming).

Paolo G. Carozza, The Universal Common Good and the Authority of International Law, (Logos: A Journal of Catholic Thought and Culture, Vol. 8, pp. 28-55, 2006).

Carl H. Esbeck, The 60th Anniversary of the Everson Decision and America's Church-State Proposition, (Journal of Law and Religion, Vol. 23, No. 1, 2007-08).

Mathis Rutledge, A Time to Mourn: Balancing the Right of Free Speech Against the Right of Privacy in Funeral Picketing, (Maryland Law Review, Volume 67, No. 2, 2008).

Laura M. Thomason, On the Steps of the Mosque: The Legal Rights of Non-Marital Children in Egypt, (Hastings Women's Law Journal, 2007).

Jennifer Dumin, Superstition-Based Injustice in Africa and the United States: The Use of Provocation as a Defense for Killing Witches and Homosexuals, (Wisconsin Women's Law Journal, Vol. 21, 2006 ).

From Bepress:
Stephen M. Siptroth, Prophetic Politics: The Struggle for Civil Rights and the Ecclesial Experiences of Blacks and Latinos, (2007).

From SmartCILP:
Lubna A. Alam, Keeping the State Out: The Separation of Law and State in Classical Islamic Law. (Reviewing Rudolph Peters, Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century), 105 Michigan Law Review 1255-1264 (2007).

Colloquy: Religious Liberty. Douglas Laycock, A Syllabus of Errors; Marci A. Hamilton, A Response to Professor Laycock, 105 Michigan Law Review 1169-1192 (2007). Douglas Laycock, God v. The Gavel: A Brief Rejoinder, 105 Michigan Law Review 1545-1549 (2007).

Symposium, God's Law in the People's Law: A Discussion of Contemporary Issues Arising from Religion and The Law, 6 University of Maryland Law Journal of Race, Religion, Gender & Class, Issue 1, 2006, (Articles by T. Jeremy Gunn, Andrew J. King, Gary S. Gildin, George H. Taylor, Lucia A. Silecchia, Robert K. Vischer, Jay D. Wexler, Maxwell O. Chibundu).

Timothy W. Floyd, Lawyers and Prophetic Justice, 58 Mercer Law Review 513-530 (2007).

Journal of Law and Religion, Vol. XXII, No. 1 (2006-07) (Contents) has recently been published.

FLDS Member Moves To Texas Town With Mixed Reception

Now that the courts have imposed a trust on the properties of the Fundamentalist Church of Latter Day Saints, a polygamous sect that was centered in Colorado and Utah, a number of the church's members are moving elsewhere. Yesterday's Salt Lake Tribune reports that Samuel Fischer, with his two wives, is moving his thriving cabinet-making business to Lockney, Texas. Fischer met Friday night with residents of the city at its Community Center to explain his life, faith and family-- 12 of his 24 children are coming with him. The rest are grown. Lockney is economically depressed, and it welcomed the move until it learned of Fischer's background. Now the reception is more mixed, with some fearing that Lockney will become known as an FLDS town.

Slovakia Formally Recognizes Baha'i Faith

The government of Slovakia has officially registered the Baha'i Faith as a recognized religious community, according to a report yesterday from Baha'i World News Service. Recognition grants the religious group legal status. It also allows it to apply for government funding; however a spokeswoman said that Baha'i does not plan to seek government financial support. 17 other religious communities, all either Christian or Jewish, have previously been registered by the government under the Religion Law.

Columnist Writes On Evolution Responses In Republican TV Debate

Syndicated columnist Kathleen Parker has an interesting column today on the exchange in this month's Republican presidential debate over evolution. In the debate, journalist Jim VandeHei asked whether any of the candidates did not believe in evolution-- three raised their hands. John McCain, to whom the question was first addressed, had a chance to be more nuanced. Parker says:

The truth is, each man took a calculated risk — or a courageous stand, depending on one's view. To say "yes" would have been to betray evangelical Christian voters, 73 percent of whom believe that human beings were created in their present form in the last 10,000 years or so.

To these folks, "no" didn't mean anti-science; it meant pro-God and conveyed a transcendent, non-materialistic view of the world. To secular Darwinists, "no" meant either ignorance or pandering to the ignorant — most likely both....

The debate question was fundamentally a setup for ridicule. No one was served, and no one, alas, is the wiser.

Federal Earmarks Benefitting Religious Groups Show Sharp Increase

Today's New York Times reports that there has been a sharp increase in the number of earmarks in federal appropriations bills that benefit religious organizations. There have been 900 earmarks directing $318 million to religious groups between 1989 and 2007. (The Times has posted a list of all 900.) More than half of those were in bills enacted in the Congressional session that included the 2004 presidential election. The number of religious groups listed as clients of Washington lobbying firms tripled between 1998 and 2005. The funds all have to be used for non-religious purposes. Many earmarks fund social service activities of the organizations, but others give churches control of parcels of federal land or fund buildings on the campuses of religious colleges.

Long Island School Board Race Splits Along Religious Lines

On Long Island, Tuesday's election for the Lawrence, New York school board has turned into a bitter contest being fought along religious lines according to an article in yesterday's Newsday. At issue is whether control of the 7-member school board will remain in the hands of Orthodox Jewish candidates representing parents who send their children to private religious schools. 3,380 students attend Lawrence public schools, but another 3,900 students in the district attend private religious schools, largely yeshivas. In recent years, families of private school students have sought more services from the school district for their children.

In the election, 3 "public school candidates" are facing three candidates sympathetic to parents of private school students. Ads placed in the local newspaper with headlines like "Should the Lawrence Public School District Be Run By An Orthodox Majority?" have been strongly criticized, and have led the editors of the Herald newspapers to run an explanation of why they accepted the ads. Public-school candidate Pamela Greenbaum says that ads have run in Jewish publications seeking to hire people to help drum up absentee votes from school district residents with dual-citizenship now living in Israel.

Prisoner Free Exercise Cases Are Plentiful This Week

In Baranowski v. Hart, (5th Cir., May 4, 2007), the U.S. 5th Circuit Court of Appeals upheld the refusal by the Texas Department of Criminal Justice to provide Jewish inmates with kosher diets. Jewish inmates could obtain either pork-free or vegetarian meals. The court also rejected plaintiff’s claim that inmates should be allowed to lead Jewish religious services when a rabbi or approved volunteer was unavailable. The suit alleged violations of the free exercise and equal protection clauses and of RLUIPA. Discussing the RLUIPA claim, the court said that the denial of religious services on an every-week basis did not substantially burden the plaintiff’s free exercise of religion. As to the denial of kosher food, while it did substantially burden plaintiff’s free exercise, it was justified by a compelling governmental interest—controlling costs and preventing resentment among other inmates if the increased cost of kosher food came out of the general food budget.

In Rahman v. Goord, 2007 U.S. Dist. LEXIS 32680 (WD NY, May 3, 2007), a New York federal district court refused to require the New York Department of Corrections to end its practice of holding joint Friday Jumah services for Shiite and Sunni Muslims. The court rejected plaintiff’s claim that the refusal to hold separate Shia services violated his free exercise rights and his rights under RLUIPA. The court however did grant an injunction requiring the prison system to recognize the Shiite holy days of Eid-Ghadir, Muharram, and Ashura, and provide the plaintiff with Halal food on those holidays.

In Perez v. Westchester County Department of Corrections, 2007 U.S. Dist. LEXIS 32638 (SD NY, April 30, 2007), a New York federal district court refused to grant defendants’ motion to dismiss a claim against them by a Muslim prisoners who claimed that Muslim inmates are denied meals that meet Halal standards, and that Halal standards could be met by merely serving Muslim prisoners the same kosher meals that are served to Jewish prisoners. The court said that plaintiffs' equal protection claim may ultimately succeed because they may be able to show disparate treatment among Muslim and Jewish inmates.

In Henderson v. Kennell, 2007 U.S. Dist. LEXIS 34440 (CD IL, May 10, 2007), and Illinois federal district judge dismissed a claim by a prisoner who alleged that his free exercise rights were violated when prison officials refused to permit him to have an Islamic medallion in prison. The court said it is doubtful that the denial imposed a substantial burden on plaintiff’s central religious beliefs and, even if it did, plaintiff failed to exhaust his administrative remedies.

In Smith v. Bruce, 2007 U.S. Dist. LEXIS 34166 (D KA, May 8, 2007), a Kansas federal district court refused to dismiss a prisoner’s his free exercise claim against the warden of the Hutchinson, KA state correctional facility. Plaintiff, who maintained a vegetarian diet for religious reasons, claimed that the warden violated his free exercise rights when the warden deliberately and recklessly ignored the fact that the prison’s food service was serving plaintiff gelatin containing animal by-product.

In Cejas v. Blanas, 2007 U.S. Dist. LEXIS 33963 (ED CA, May 9, 2007), a California federal Magistrate Judge found that a prisoner’s claim that he should have a single cell so he would not be housed with someone who violated the edicts of his religion did not state a viable claim. Plaintiff did not allege that that the housing about which he complained would burden his own practice of his faith.

In Gill v. Hoadley, 2007 U.S. Dist. LEXIS 33122 (ND NY, May 4, 2007), a New York federal district court adopted the recommendations of a Magistrate Judge and dismissed a prisoner’s free exercise claim. The court held that there were valid penalogical concerns that led authorities to deny a number of requests by a Jehovah’s Witness prisoner to attend religious services. The court also accepted the Magistrate’s recommendation that plaintiff’s First Amendment retaliation claims against certain of the defendants should be reinstated.

In Keesh v. Smith, 2007 U.S. Dist. LEXIS 33120 (ND NY, May 3, 2007), prisoners Tyheem Keesh and Jesus Michael Jova were attempting to obtain accommodation to practice "Tulukeesh" "the religion of the creator”, a religion started by Keesh. In an earlier decision, the court held that “plaintiffs are principally motivated not by religious impulses but rather by the desire to achieve a more congenial lifestyle during their incarceration.” The court denied plaintiffs’ renewed motion for a preliminary injunction, saying that it had already considered everything now raised by plaintiffs when it denied their motion. UPDATE: The court denied plaintiffs' motion for reconsideration at 2007 U.S. Dist. LEXIS 38368 (ND NY, May 25, 2007).

Jury Awards Damages To Congregant Injured During Prayer

According to the Lansing (MI) State Journal, on Thursday a jury rendered its verdict in the suit by a Lansing, Michigan woman against her church and its pastor for injuries she suffered when, answering a call to the altar, she was "slain in the spirit" and collapsed. No ushers were there to catch her. (See prior posting.) The jury awarded Judith Dadd $314,000. In addition to the injuries from the fall itself, the jury found that Mt. Hope Church pastor David Russell Williams had defamed Dadd by accusing her of possible insurance fraud and claiming that she had renounced her faith after she filed her lawsuit. Dadd had originally asked for damages of $1.65 million. Defendants, nevertheless, are considering filing an appeal. [Thanks to Brian D. Wassom for the lead.]

Terrorist Suspect Asks Judge For Quran

One of the six men arrested this week on terrorism charges for plotting to kill soldiers at Fort Dix (NJ) was Eljvir Duka. He was one of three brothers-- ethnic Albanians-- charged in the plot. (Background from NYT.) Yesterday, Duka’s lawyer appeared before a federal magistrate judge in Camden, NJ to request a copy of the Quran for his client. The Newark Star-Ledger reports Magistrate Judge Joel Schneider ruled that first a request should be made to prison officials. Only if they refuse should the lawyer bring the case back to the court.

Student-Led High School Graduation Prayers Challenged

In Ouachita Parish, Louisiana, the school board voted earlier this month to allow students at each of the parish's six high schools to decide whether or not they want to include a prayer in their graduation ceremonies this year. The Ouachita Parish High School class voted unanimously to include prayer, according to its principal Todd Guice. Guice says he offered any student who objected an opportunity to discuss the issue privately with him, but none did. This week, the Louisiana branch of the ACLU faxed a letter to the the high school and the school board alleging that the new policy is unconstitutional. The Leesville Daily Leader today reports on Superintendent Bob Webber’s response: "We are simply allowing the students to continue the tradition of prayer at graduation. We're going to allow it with little or no influence by the adults concerned."

Parishioners Sue Over Consolidation of Mississippi Catholic Parishes

The Gulfport, MS Sun Herald today reports that 156 members of Holy Family Parish, formerly St. Paul Parish in Pass Christian, Mississippi, have filed a lawsuit against Bishop Thomas J. Rodi, the Diocese of Biloxi and Holy Family pastor the Rev. Dennis Carver. The suit by parishioners who object to the Diocese's decision to consolidate two parishes into one, seeks to require the diocese to rebuild St. Paul's church that was destroyed by Hurricane Katrina on its prior beachfront location. The suit also asks for an accounting of the funds that were contributed to St. Paul’s Parish after Katrina.

Bishop Rodi published a statement on Friday in response to the lawsuit, saying that the lawsuit "is an attempt to have the courts order the Catholic Church to have a church building at a specific place. If this lawsuit would be successful, it would mean, in effect, that the courts would tell the Catholic Church where God must be worshipped, where Mass and the other sacraments must be celebrated, and how the Catholic Church must use the financial resources of Holy Family Parish. This lawsuit attacks both the unity and liberty of the Church."

Kenya Judge Rejects Push By Christian Sect To Wear Headscarfs In School

According to today's Kenya Times, a judge in the High Court in Kenya has rejected the claim of students from a Christian sect known as the Arata A. Roho Mutheru Society that they were unconstitutionally expelled from school for wearing headscarves. (See prior posting.) Justice Joseph Nyamu held that the students had not produced proof they were expelled, that they did not show that wearing a headscarf was in fact required by their religion, and that at any rate the requirement in the Education Act that school students wear uniforms does not clash with the Constitutional principle of equality.

New Head of Army Chaplain Corps Designated

ChurchExecutive.com reported yesterday that Chaplain Brigadier General Douglas Carver has been promoted to the rank of Major General for assignment as the U.S. Army’s Chief of Chaplains. If, as expected, his promotion is approved by the Senate Armed Services Committee, Carver will be the first Southern Baptist since 1954 to head the Army’s Chaplain Corps. He currently serves as Deputy Chief of Chaplains. Carver ‘s official promotion will come at a "Change of Stole" ceremony scheduled for July 12 at Fort Belvoir.

NH Supreme Court: No Tax Exemption For Church Used As Warehouse

In Appeal of City of Nashua, (NH Sup. Ct., May 11, 2007), the New Hampshire Supreme Court yesterday gave a narrow reading to the state statute that grants a property tax exemption for "buildings … owned, used and occupied directly for … religious purposes by any regularly recognized and constituted denomination…." It held that a tax exemption was not available for two Catholic church buildings that had been deconsecrated and which were being used to store items of religious significance such as altars, stained glass windows, a cross, organs, statues and pews. The court said that the mere storage of religious objects in a deconsecrated church, on a temporary basis, is not use of the building for "religious purposes." Yesterday’s Boston Globe reported on the decision.

Romney's Religious Beliefs Attract Increasing Attention

The religious views of Republican presidential hopeful Mitt Romney have attracted increased attention by the media. If nominated, he would be the first Mormon presidential candidate of a major political party. Less than two weeks ago, PBS produced a 4-hour series on The Mormons. Shown on Frontline, it is currently still available for viewing online (with related background material). That no doubt piqued public interest in Romney's views.

This week, Time Magazine has Romney on the cover, and carries two articles about his religious views and their likely impact in the election: What Romney Believes and Romney's Mormon Question. Then the New York Times today ran an article titled: Romney Elaborates on Evolution, following up on the candidate's position staked out in last week's Republican debates. It quotes Romney's interesting formulation: "I'm not exactly sure what is meant by intelligent design. But I believe God is intelligent and I believe he designed the creation. And I believe he used the process of evolution to create the human body." [Thanks to Melissa Rogers and Blog from the Capital for leads.]

NJ School Board Settles Complaint About Teacher's In-Class Proselytizing

Today's New York Times reports that the Kearny, New Jersey, Board of Education voted 6-1 Tuesday night to approve a settlement with the parents of high schooler Matthew LaClair. The LeClairs had filed a lawsuit complaining about in-class proselytizing by Matthew's history teacher, David Paszkiewicz. (See prior postings 1, 2.) Matthew had recorded his teacher, who is also a Baptist minister, saying that students who do not accept Jesus belong in Hell, that the "Big Bang" theory is unscientific and that dinosaurs were on Noah's Ark. In the settlement, the school agreed to have the Anti-Defamation League train students and teachers about separation of church and state (including issues regarding the teaching of creationism). Also under the settlement agreement, the Board will issue a statement praising Matthew for his "courage and integrity," and the LaClairs will issue a statement commending the Board of Education. Additional postings about the settlement are at Melissa Rogers and Blog from the Capital.

Native Americans Say TN Bill Protecting Team Names Infringes Religious Rights

Yesterday, the Tennessee Senate passed HB 133 that prohibits agencies like the Tennessee Secondary School Athletic Association from interfering with the right of any public or private school "to continue to honor American Indians and the heritage of such institution through the use of American Indian symbols, names, and mascots." The House has already passed the bill.

The Kingsport Times-News yesterday reported that Tennessee Commission of Indian Affairs opposed the bill. Last January the TCIA told the state's Human Rights Commission that: "The use of (eagle) feathers, sacred pipes (miscalled peace pipes), sacred drums, the dances, the Indian songs, even painted faces are all part of sacred ceremonies used by Native American Indians and misused by non-Indians as 'rituals' at sports games where they also misuse our tribal names with the addition of horrendous caricatures." TCIA Chair Evangeline W. Lynch made the same point in testimony before the Tennessee Senate State and Local Government Committee last month saying that the misuse of these symbols are an attack upon Native American religions.

In Wales, Hindus Protest Plans To Slaughter Diseased Bull

In Wales, government agricultural officials say that a Friesian bull named Shambo tests positive for tuberculosis and needs to be slaughtered. However Shambo is part of a herd of 35 cows and bullocks kept on the grounds of a Hindu temple near near Carmarthen, west Wales. Killing cows and bulls violates Hindu religious principles. Today's London Telegraph reports that Shambo has now been placed in a shrine inside the Skanda Vale Temple, but local farmers say that does not guarantee against the spread of TB. They want the slaughter to proceed. 3500 people have signed an online petition against slaughtering the animal; monks are planning to file a lawsuit; and Hindu leaders are threatening to form a human shield to prevent the animal from being slaughtered. Britain's Hindu Council has gotten involved, and a member of Parliament, Andrew Dismore, the Labour MP for Hendon, has introduced a resolution calling for the Environmental Secretary to stop the planned culling.

Hopi Religious Accommodation Claim Held to Be Moot

This week, an Arizona federal Magistrate Judge dismissed as moot an interesting religious accommodation claim by members of the Hopi Indian Tribe. Joshevama v. Office of Surface Mining, 2007 U.S. Dist. LEXIS 34097 (D AZ, May 8, 2007), is apparently part of a larger conflict between traditional Hopis and the Hopi tribal government over proposals to operate and develop the Black Mesa coal mine. In the case, a group of traditional Hopis claimed that the federal government violated the Religious Freedom Restoration Act by setting the public comment period on a draft environmental impact statement for the Black Mesa Project to coincide with their winter religious ceremonial calendar. From November through February, traditional Hopis are prohibited from engaging in government or significant non-religious pursuits. However the court found that the Office of Surface Mining had subsequently extended the comment period through May 11.

Archbishop of Cantebury Praises Tony Blair

Christian Today reports that as Britain's Prime Minister Tony Blair announced that he would leave office next month, the Archbishop of Canterbury, Dr Rowan Williams, issued a statement praising Blair's dedication to religious freedom. He said in part:

Tony Blair has understood as well as any Prime Minister in recent times why religion matters, how faith communities contribute to the common good and why religious extremism should have no place in a progressive society. As a man of genuine personal faith, he has not shied away from the risk associated with confronting extremism, while respecting difference.... There have naturally been differences of vision and judgement between the Prime Minister and the Church of England, not least over the Iraq war, but he has been consistently willing to allow these disagreements to be voiced and discussed openly.

Sheriff Defends Faith-Based Post-Release Program

In Fall River, Massachusetts, Sheriff Thomas Hodgson yesterday called a press conference to counter complaints by Americans United for Separation of Church and State over a Christian drug and alcohol rehabilitation program for men who have recently been release from prison. South Coast Today reported that a defiant sheriff defended the well-established Teen Challenge program run in a state-owned house by a Pentecostal pastor. All eleven men in the program have completed their prison sentences and have volunteered for the 15 month residential program involving counseling, fundraising and prayer. He says the program has a much better record at preventing recidivism than secular programs do.

Sheriff Hodgson released a letter saying: "the argument that somehow we should not allow a recovery program to operate in a transition home purchased by the Sheriff's Department would mean that we must suspend all religious activity and spiritual access within our prison walls." He went on: "You may be further upset to know that we also have conducted over 20 religious retreats at our Dartmouth facility, increased our work activities on churches, and encouraged Bible study among our population. These activities are based on voluntary participation and will continue in spite of your objections."

Minister Sues To Prevent Mosque Construction: Claims National Security

Black American Web yesterday reported on a lawsuit filed in Florida by Rev. O'Neal Dozier, pastor of the World Wide Christian Center, who is trying to prevent the construction of a mosque in a black neighborhood in Pompano Beach. The city last year approved a zoning change to allow the new building for the growing Muslim congregation to be built near two black Christian churches. However, Dozier claims that the new mosque would pose a homeland security issue. The lawsuit alleges loose connections between the mosque's imam, Hassan Sabri, and various terrorist groups. Dozier objects to moving the mosque from its current location in a "white" beach community to a black community near one of the largest prisons in Broward County. He says this increases the risk that radicals will find new recruits to indoctrinate.

English Ecclesiastical Court Debating Ethics Of Internet-Ready Mobile Phones

Life Style Extra yesterday carried a fascinating report about a case that is currently being argued on appeal in the little-known Court of Arches, the Church of England's highest appellate court. At issue is whether Anglican churches can rent out space on their steeples to mobile phone companies for use as cell phone transmission towers. At least 37 chruches around Britain have done so, finding this to be an excellent source of income. Indeed the Archbishop's Council has even entered a National Agreement with QS4 appointing it as the approved installer of transmitting and receiving equipment on church towers, and creating a standard installation agreement tailored to the needs of churches. However, recently George Pulman, QC, the chancellor of the Chelmsford Consistory Court, ruled that the parish of St. Peter and St. Paul in Chingford, Essex could not enter an agreement with QS4 because T-Mobile's new Internet capable mobile phones allow users to view sexually explicit websites. Pulman held that the church should not be making money from "revolting and damaging pornography".

Pope Criticizes Mexican Legislators Over Abortion Vote

Pope Benedict XVI, speaking to reporters yesterday on his way to Brazil, attracted attention when he said he agreed that Catholic legislators who voted to legalize abortion in Mexico City should rightfully be considered excommunicated. (See prior posting.) Later a spokesman backed away from the Pope's statement, saying that the Pope might have incorrectly inferred from the question that Mexican bishops had formally excommunicated the legislators. In a statement approved by the Pope, Rev. Federico Lombardi said: "Since excommunication hasn't been declared by the Mexican bishops, the Pope has no intention himself of declaring it." But he added that these legislators should not receive the sacrament of Holy Communion: "Legislative action in favor of abortion is incompatible with participation in the Eucharist. ... Politicians exclude themselves from Communion." The story and other aspects of the Pope's trip are covered by the Associated Press and the Los Angeles Times.

Activist Charges Iowa VA Hospital Proselytized Jewish Patient

In Iowa City, Iowa today, Mikey Weinstein, founder of the Military Religious Freedom Foundation, will hold a press conference to focus on alleged religious discrimination and Christian proselytizing at the Iowa City Veterans Hospital & Clinics (press release). Weinstein says that Orthodox Jewish veteran David Miller has been subjected to evangelization and anti-Semitism at the hospital. He was denied kosher food and was visited by a chaplain who tried to convince Miller that he needed Jesus while Miller was suffering acute chest pains wired to a heart monitor.

Court Agrees With Executed Man's Religious Objection To Autopsy

Tennessee State Medical Examiner Bruce Levy thinks that autopsies should be performed on the body of any prisoner who has been executed. However, this week, a Tennessee federal judge upheld the request by Philip Workman that for religious reasons there be no autopsy on him. Workman was executed yesterday using a new lethal injection process. A hearing will be held Monday to decide whether state officials can obtain samples of blood and other bodily fluids from Workman's body. The story is reported by today's Tennessean. Convicted of killing a policeman, Workman also made the news when, just before his execution, he used his last-meal request to ask that a vegetarian pizza be delivered to a homeless shelter. The Tennessean reports that when authorities refused, people from across the country sent pizza to Nashville's Union Rescue Mission.

NY Corrections Department Settles Suit, Agreeing That Officer Can Wear Kufi

Yesterday, the New York Civil Liberties union announced that a settlement has been reached in a suit that it filed last year against the New York Department of Correctional Services (DOCS) on behalf of Abdus Samad Haqq, a Muslim corrections officer who had been prohibited from wearing a kufi (skullcap) at work. In March 2007, the U.S. Department of Justice filed a companion suit alleging that DOCS should have accommodated Haqq's religious needs. In the settlement that has been filed with the federal district court (full text), DOCS agrees that Haqq "shall be permitted to wear a solid-colored, dark blue or black, close-fitting kufi at all times while on duty at Lincoln Correctional Facility or any other DOCS work-release facility." Reuters yesterday reported on the settlement.

Church Sanctuary Movement Is Beginning To Protect Immigrants

Religious leaders around the country, pressing for immigration law reform, are cautiously moving toward creating a sanctuary movement. The AP reports that in Los Angeles yesterday, churches gave sanctuary to two men from Mexico and Guatemala as 30 priests, pastors, imams and rabbis blessed them. Meanwhile, in New York a gathering of clergy at Manhattan's Roman Catholic Church of St. Paul the Apostle also focused on the issue. Participants said that their support for families who are facing unjust deportation orders might include physical sanctuary at some point. (AP)

Town Will Change Limits On Church Signs; Agrees To Injunction

A stipulated preliminary injunction has been issued in an Arizona church's challenge to a town's signage ordinance. Reed v. Town of Gilbert, Arizona, (D AZ, May 9 2007). (See prior posting.) The Alliance Defense Fund said yesterday that town officials have decided to change the ordinance that required signs about religious gatherings to be smaller in size, fewer in number, and displayed for less time than similar non-religious signs. The injunction issued by an Arizona federal court will permit Good News Presbyterian Church to advertise its church services pending a final disposition of the case.

Paraguayan Bishop May Be Kept Off Ballot Under Country's Constitution

In Paraguay, popular opposition candidate Fernanco Lugo who resigned as a Catholic Bishop in order to run for President may still be kept off the ballot by electoral officials. The Associated Press reported on Monday that Paraguay's current president, Nicanor Duarte, says that Paraguay's constitution bars clergy from holding the office of President, and that Lugo is still a bishop The president of the Paraguayan Bishops Conference agrees that Lugo cannot give up his Church position. In February, after Lugo announced his candidacy, the Vatican suspended him from exercising his ministry in accordance with provisions of Canon Law. (See prior posting.) He may now risk excommunication.

Decision For NYSE Former Chairman Has Implications For Religious Non-Profits

A decision handed down yesterday by a New York state appellate court dismissing four of six claims against former New York Stock Exchange Chairman Richard Grasso has implications for religiously affiliated non-profit corporations in New York. In People of the State of New York v. Grasso, (App. Div. 1st Dept., May 8, 2007), the court in a 3-2 decision held that the Attorney General of New York lacks authority to bring claims not specifically authorized by the state's Not-For-Profit Corporation Law, at least where the claims circumvent substantive standards for liability set out in causes of action created by the statute. The Attorney General was attempting to recover for NYSE (at the time, a non-profit corporation) allegedly excessive compensation paid to Grasso. Newsday reports on the decision.

RI Bill Would Ban Altering Holiday Concepts and Symbols

Yesterday, the Rhode Island House Committee on Health, Education and Welfare held hearings on a bill that would prohibit municipalities from altering "the name or concept of any religious or secular holiday or any religious or secular symbol associated with any such holiday." The Providence Journal reports that the bill was proposed by Rep. Richard W. Singleton after a Tiverton , RI school superintendent prohibited a parents group from sponsoring a photo booth featuring the Easter Bunny at a middle school craft fair. Instead they used a costumed Peter Rabbit. Opposing the bill, Mia Manzotti, associate director of the Rhode Island League of Cities and Towns said that the language is vague and overly broad and would cause confusion.

Gonzales Speaks On DOJ's Enforcement of Religious Liberty Protections

Yesterday, U.S. Attorney General Alberto Gonzales spoke at the Detroit Economic Club on DOJ's "Successful Record on Enforcing Our Nation's Civil Rights Laws" (full text). His talk covered a wide range of civil rights issues, including religious liberty. Here is some of what he had to say on that topic:

The Department of Justice has aggressively enforced the laws against religious discrimination in everything from education, to employment, to fair housing. For example, after years without any investigations involving religious discrimination in education, the Department has opened 40 investigations....

In one case we stood in defense of Nashala Hearn, a Muslim girl in the sixth grade in Muskogee, Oklahoma, whose school told her that she could not wear a headscarf required by her faith.... I'm especially proud of these cases, because no child should have to choose between the right to practice her religion and the right to an education.

As part of our ongoing efforts to strengthen and preserve religious liberty..., in February I unveiled ... the First Freedom Project.... We also have worked actively to protect those who have been endangered because of their religion or ethnicity.... In one case a man... built two incendiary devices... and attacked the Islamic Center of El Paso, Texas....

And we saw subtler forms of bigotry, imposed not through fire, but through law, as communities used zoning rules to restrict religious freedom. When the Muslim Community Center in Morton Grove, Illinois, wanted to expand its facilities... they encountered exactly this type of backlash. The Department mediated a resolution.... We aggressively pursue hate crimes and discrimination cases like these because they strike not just at individuals but at whole communities.

Hearing Held In Challenge To NC Ban On Use Of Quran To Swear In Witnesses

Yesterday, a state trial court in Wake County, North Carolina heard arguments in the case of American Civil Liberties Union of North Carolina, Inc. v. State of North Carolina (full text of complaint), after the case was remanded by a state Court of Appeals that found it presented an actual case or controversy. The lawsuit seeks a declaratory judgment that the North Carolina statute on administering oaths should be interpreted to allow a witness to use not just the Christian Bible, but holy books from other traditions as well. The complaint also asks that if the court does not agree with that interpretation, that it declare the statute unconstitutional. Yesterday's Winston-Salem Journal reports that the suit, filed in July 2005, stems from a case in which a Muslim woman was not allowed to use the Quran in being sworn as a witness. The state argued that the ACLU's complaint should be dismissed as being a political question.

Islamic Militants Confiscate Music Tapes In Pakistan Tribal Province

In Pakistan's tribal region of North Waziristan, armed Islamic militants began last Sunday to confiscate music cassettes from public buses and are ordering shops selling cassettes and CDs to only sell "jihadi" recordings, i.e. ones featuring sermons, or featuring songs (without musical accompaniment) that praise holy war and jihadists. Reporting on this yesterday, the Associated Press said that the campaign is similar to that of the former Taliban regime that banned music, movies, TV and other forms of entertainment in its attempt to strictly enforce Islamic law.

Preacher Challenges Permit Requirement and Noise Limits Imposed By Alabama City

Last week a federal lawsuit was filed on behalf of Christian evangelist, Rev. Wesley Sewell, against the city of Jacksonville, Alabama, challenging its ordinance that severely limits the use of loudspeakers and its requirement to obtain a permit before preaching on public sidewalks. (ADF Press Release.) The complaint (full text) says that the city's prohibition on sound devices that can be heard more than 10 feet away and the city's permit requirement that has no written guidelines, violate Sewell's free speech, due process, equal protection and free exercise rights under the U.S. Constitution, as well as his rights under the Alabama Constitution's Religious Freedom Amendment.

Wall Street Journal Profiles Alliance of Russian Rabbi and Putin

Today's Wall Street Journal carries a front page article [subscription required] on Russia's powerful Chabad-Lubavitch Rabbi Berel Lazar and his close ties to Russian President Vladimir Putin. The article says that Lazar's organization, the Federation of Jewish Communities of Russia, was promoted by Putin in 2000 as part of his battle against oligarch and media mogul Vladimir Gusinsky who had led a competing organization, the Jewish Congress. Critics say that in exchange for Putin's support-- including support in gaining control of millions of dollars of Jewish communal property from the state-- Lazar has played down anti-Semitism in Russia and lobbied for Mr. Putin abroad. [Thanks to Steven H. Sholk for the lead.]

Christian Group Supports Comprehensive Immigration Reform

Today's New York Times reports on activities of a new coalition of over 100 largely evangelical Christian leaders who are pressing for comprehensive immigration reform. Christians for Comprehensive Immigration Reform pushes generally for bills that combine increased border security with guest worker and legalization programs. The group plans to initially focus on media and church members in Arizona, Florida, Kansas, Ohio and Pennsylvania. A press release by Faith in Public Life says that the group "will will place ads nationally and locally in newspapers and mobilize at least 200,000 letters, tens of thousands of calls, and hundreds of lobby visits to Members of Congress by the August recess."

9th Circuit Rejects Religious Challenge To Social Security

Yesterday in Hansen v. Department of Treasury, (9th Cir., May 7, 2007), the U.S. 9th Circuit Court of Appeals avoided deciding a Constitutional challenge to 26 USC 1402(g), the Internal Revenue Code provision that grants an exemption from Social Security taxes only to members of "a recognized religious sect ... [with] established tenets or teachings... by reason of which [the taxpayer] is conscientiously opposed to acceptance of the benefits of any private or public insurance...."

Jonathan Hansen, a Mormon, said he interpreted the teachings of his church as being opposed to participation in the Social Security system. The court held that the Anti-Injunction Act precludes it from deciding Hansen's claim that he is eligible for the exemption or else that the portion of the statute that renders him ineligible is unconstitutional. It ordered these claims dismissed. The court went on to dismiss Hansen's claims challenging the requirement to have a social security number and his claim that various Treasury regulations unconstitutionally discriminate against him. The court said that Hansen's complaint failed to specify which regulations and statutes are being challenged. Reuters yesterday reported on the decision and Hansen's reaction to it. [Thanks to How Appealing for the lead.]

In St. Louis: Voter Education or Church-State Breach?

In an innovative attempt to educate the public on use of new touch-screen voting technology, the St. Louis Election Board has raised an interesting church-state issue. According to today's St. Louis Post Dispatch, the Board has loaned the new machines to two different churches for use in their congregational votes on new pastors. Election board workers volunteered their time in at least one of the cases. Then election-board chairman Ed Martin says that this is part of an outreach program, especially to ethnic communities. However, Barry Lynn, executive director of Americans United for Separation of Church and State says: "Internal church business is absolutely, positively no business of the St. Louis Board of Elections."

Florida Episcopal Diocese Prevails Against Breakaway Church

In Episcopal Church in the Diocese of Florida, Inc. v. Lebhar, (FL 4th Cir., April 27, 2007), a Florida state circuit court upheld the claim of the Episcopal Diocese of Florida to the Jacksonville property on which the break away Church of the Redeemer is located. The court held that in an hierarchical church, a civil court is required to respect the determination by the Bishop of the Episcopal Diocese that the defendants-- the Rector, Wardens and Vestry of the church-- had abandoned the Episcopal Church when they announced that the Church would affiliate with the Anglican Church of Uganda. Yesterday's Episcopal News Service reported on the decision. The court, however, refused to grant summary judgment on the Diocese's request for attorneys' fees, deciding that questions of fact remained to be determined. The court said that this aspect of the case poses the interesting question of whether awarding attorneys' fees in a dispute within an hierarchical church would impermissibly entangle the court in the internal decisions of the church.