Religion Clause Nominated In Best 100 By ABA

Editors of the ABA Journal today announced they have selected Religion Clause as one of the top 100 best "blawgs" by lawyers, for lawyers. An icon on this page's sidebar allows you to narrow the selections down even more by voting for the best blog in each of a dozen categories. Religion Clause is among ten blogs in the ABA's category "Black Letter Law". Voting ends January 2.

Texas Court Rejects Plea To Bar Autopsies of Two Muslim Men

In Fort Worth, Texas, a judge yesterday refused to stop an autopsy on two men killed in a traffic accident on Sunday night, despite pleas from their families that the autopsies violated the Muslim beliefs of the deceased. The Fort Worth Star-Telegram reports today that state District Judge Bob McGrath denied a TRO after the medical examiner and district attorney's office said that state law mandates the autopsies in order to determine the cause of death beyond a reasonable doubt. Assistant District Attorney Ann Diamond said that the medical examiner would perform as limited an autopsy as possible.

British Humanists' Report Criticizes Faith-Based Services In UK

The British Humanist Association today announced the release of a new report titled Quality and Equality: Human Rights, Public Services and Religious Organisations (full text) (Executive Summary). The report focuses on BHA's concern about the increasing use of religious organizations in Britain to supply social services under contract with the government. In its press release, BHA described its conclusions:

The report’s findings demonstrate that there is no evidence that religious organisations offer any distinctive benefits to the supply and provision of public services and actually that the Government’s clear policy objective of expanding the role of religious organisations within the public services runs the risk of lowering standards, increasing inequalities, introducing ‘parallel services’ and damaging social cohesion.

The research warns of the dangers of discrimination against staff not protected by Employment Equality Regulations pertaining to religion or belief or sexual orientation because of the exemptions that religious organisations have from equality legislation, and of potential barriers to accessing public services for the general public.

Insurance Company Sued Under Fair Housing Act On "FaithGuard" Policy

In Ohio, the National Fair Housing Alliance has filed a religious discrimination suit against GuideOne Mutual Insurance Co. alleging that its "FaithGuard" homeowners' insurance policies violate the federal Fair Housing Act. The complaint (full text) in National Fair Housing Alliance, Inc. v. GuideOne Mutual Insurance Co., (ND OH, filed 11.26/07), points to provisions in the policies that waive the insurance deductible if there is a loss to personal property while it held by the insured's church; a provision that pays church tithes or donations up to $750 if the insured suffers loss of income from certain accidental injuries; and the policy's doubling medical limits for an injury incurred at an activity hosted at the home of the insured on behalf of the insured's church. The complaint says that these benefits are not available to individuals who suffer losses while engaged in similar non-religious activities. The suit also alleges that GuideOne offers preferential treatment for Christians in its marketing and advertising. A fact sheet on the case is also available.

Yesterday's Akron Beacon Journal , reporting on the case, quotes GuideOne that says its product is ''available to everyone — whether they attend church or not and without regard to religion or denomination. No one has ever been denied the product based on church membership or attendance. There are no religion-related underwriting eligibility guidelines to obtain the product, and the company does not consider whether someone is a churchgoer before issuing a policy."

3rd Circuit Interprets RLUIPA's "Equal Terms" Provision

Yesterday the U.S. 3rd Circuit Court of Appeals issued a lengthy opinion interpreting the anti-discrimination provision of RLUIPA. The section prohibits land use regulations that treat religious institutions "on less than equal terms" than nonreligious ones. In The Lighthouse Institute for Evangelism, Inc. v. City of Long Branch, (3d Cir., Nov. 27, 2007), the court, in a 2-1 decision, held that Long Branch, NJ did not violate the section when under a redevelopment plan it excluded churches and religious assemblies from an area zoned for entertainment and recreation.

The court held that the "equal terms" provision does not require a church to show that a "substantial burden" has been been placed on its religious exercise. However, it does require plaintiff to show that it was treated less well than a secular organization that has a similar negative impact on the aims of the challenged land-use regulation. Churches are not similarly situated because New Jersey law prohibits the issuance of a liquor license to establishments located within 200 feet of a church. The court also rejected plaintiff Lighthouse's claim under the First Amendment's Free Exercise clause, finding that its exclusion from a small area of the city did not burden its religious exercise, and that the redevelopment plan was a neutral regulation of general applicability. The court did however permit an award of damages under RLUPA for previous injury caused by a now-superseded zoning ordinance.

Judge Jordan, dissenting in part, argued that the "equal terms" provision of RLUIPA is violated when a zoning ordinance categorically excludes churches from an area where secular assemblies are permitted, without the church being required show that it is similarly situated in regard to the regulation's purpose. (See prior related posting.) [Thanks to How Appealing via Alliance Alert for the lead.]

City Council In Michigan Rejects Opening Prayer Policy

In Davison, Michigan, city council on Monday night defeated a proposal to open each meeting with a prayer. Yesterday's Flint Journal reports that the idea, proposed by Davison's new mayor, Fred "Mac" Fortner, was defeated by a 3-2 vote after Council member Joy Murray raised church-state objections. She apparently assumed that the proposal envisioned a consistently Christian invocation. Murray said she could support a moment of silence or a rotating schedule of prayers from many different religions.

California's Ban on GLBT Discrimination In Schools Challenged By Christian Groups

The AP reports that yesterday two Christian groups filed suit in a California federal district court on behalf of several teachers and a student challenging the constitutionality of California's new Student Civil Rights Act that assures equal rights in schools regardless of a person's sexual orientation or gender identity. The complaint (full text) in California Education Committee, LLC v. Schwarzenegger, (SD CA, filed 11/27/07), alleges that the new law is void for vagueness and violate provisions of the California Constitution that guarantee safety and privacy.

2nd Circuit's Invalidation of Student Fee Plan Protects Christian Student Groups

Alliance Defense Fund said last week that Christian student groups are among the beneficiaries of a recent ruling by the U.S. 2nd Circuit Court of Appeals invalidating the use of an advisory referendum as a basis for allocating funds to recognized student organizations at SUNY Albany. In Amidon v. Student Ass’n of the State University of New York, (2d Cir., Nov. 20, 2007), the court held that the use of a referendum to impact the amount of student fees allocated to various groups amounts to unconstitutional viewpoint discrimination.

New Rules Permit Menorah Lighting At Rhode Island Town Hall

In Barrington, Rhode Island this year for the first time a menorah lighting will take place in front of Town Hall during Hanukkah. This, and a Dec. 2 tree lighting ceremony, both take plce under new policies adopted earlier this month by the Town Council, according to EastBayRI.com. One policy requires that the town's holiday display be secular. The second allows individuals or non-profit, religious, fraternal or veterans' groups to obtain a permit to conduct a "temporary" event on Town Hall property. A temporary event must be taken down at night and put up the next day. The Menorah will be taken down daily to meet this requirement according to Rabbi Moshe Laufer, director of the Chabad of Barrington, sponsor of the event.

In A First, Nigerian Islamic Court Sentences Man For Adultery

Reuters today reports that for the first time since 2000 when twelve northern states in Nigeria began strict enforcement of Islamic law, a man was convicted of adultery. Mahmud Hamisu, who confessed, was sentenced to one year in prison and 100 lashes under Nigerian sharia law. The lashes were administered shortly after his conviction. Since 2000, six pregnant unmarried women were sentenced to death for adultery by these courts, but all their sentences were overturned on appeal.

Cert. Denied In Two Church-State Cases

Yesterday, the U.S. Supreme Court denied certiorari (Order List) in two church-state cases. One was Harris County, TX v. Staley (Docket Nos. 07-100 and 07-286), involving the display of a Bible in a monument on the grounds of the Harris County, Texas court house. The district court, as well as a 5th Circuit panel's decision, found that the display violated the Establishment Clause. Ultimately the 5th Circuit en banc refused to reach the merits because of subsequent mootness. However it left the district court decision in place and ordered defendants to pay attorneys' fees. (See prior posting.) Yesterday's Houston Chronicle covered the cert denial. In another article, the Chronicle reports that some county officials still hope the monument and Bible can be installed elsewhere on county property.

The second case in which cert was denied was Teen Ranch, Inc. v. Udow, (Docket No. 07-362). In the case, the 6th Circuit had upheld the decision of Michigan's Family Independence Agency to stop placing abused, neglected and delinquent children with Teen Ranch because the faith-based organization coerces religious participation by youths in their programs. (See prior posting.) Today's Detroit News reports on the denial of cert. [Thanks to Steven C. Sheinberg for the leads.]

Annapolis Conference Begins With Religiously-Compliant Dinner Menu

Last night, Secretary of State Condoleezza Rice hosted a dinner in Washington for participants in the Annapolis Middle East Peace Conference. President Bush attended and spoke of his commitment to the peace process. The AP reports that the dinner menu was planned to carefully comply with both Jewish and Muslim dietary restrictions. The world leaders offered a toast using non-alcoholic beverages. Entree choices were either red and yellow beet salad with mango and curried mango dressing, or honey-soy glazed sea bass with cabbage, snow peas and mushrooms. Last week the AP reported that attendees who wish to explore the city of Annapolis will find little in the way of kosher food, and only a bit more that is Halal-compliant. Annapolis has no kosher or halal markets.

2nd Circuit OK's Border Policy Targeting Attendees At Muslim Conference

In Tabbaa v. Chertoff, (2d Cir., Nov. 26, 2007), the U.S. 2nd Circuit Court of Appeals rejected a challenge brought by several Muslim U.S. citizens to the border inspection policy implemented by the U.S. Bureau of Customs and Border Protection (CBP). Plaintiffs had attended a Reviving Islamic Spirit (RIS) Conference in Canada and, upon their return to the U.S., had been detained for several hours, questioned, searched and photographed. The court rejected plaintiffs' claims that their religious freedom rights under the First Amendment and RFRA were violated by the CBP policy, and that their associational rights were violated by CBP's targeting of individuals who attended the RIS Conference. The court concluded that the searches and detention of plaintiffs furthered a compelling governmental interest in preventing terrorism, and the fingerprinting and photographing involved were the least restrictive means of furthering that interest. The court also rejected arguments that CBP had exceeded its statutory authority and had violated the 4th Amendment's prohibition of unreasonable searches and seizures. (See prior related posting.) The AP yesterday reported on the decision. [Thanks to Steven C. Sheinberg for the lead.]

Retrial Opens In Vermont In Sexual Abuse Case Against Church

Today's Burlington (VT) Free Press reports on the start of the retrial in a case of James Turner who claims that Vermont's Roman Catholic Diocese failed to protect him from sexual molestation by a priest in 1977. The incident occurred after a ceremony for Turner's brother who was about to become a priest. A mistrial was declared in June in the first trial of the case because of objectionable questioning of Turner by diocesan lawyers. Turner's lawyer, Jerome O'Neill, in his opening statement argued that the diocese systematically hired priests with questionable backgrounds, ignored warning signs and covered up misconduct to protect against lawsuits.

UPDATE: On Thursday, Judge Matthew Katz who is hearing the case ruled that while the claim for compensatory damages for negligent supervision may go to the jury, no award of punitive damages against the Diocese will be permitted because plaintiff did not prove that the Diocese knew of Rev. Alfred Willis' prior history of molesting children. (Rutland Herald).

Russian Authorities Urge Cult Members To Release Children From Cave

In Russia's Penza province, some 400 miles southeast of Moscow, 29 followers of a doomsday prophet have retreated to a cave to await the end of the world which they believe will occur this May. (International Herald Tribune, 11/21).One of the group's leaders in a dream conceived the idea of the move in order to save themselves during the time of the apocalypse. The group has been in the cave since Oct. 24, and they threaten to blow themselves up if forced to leave. Their leader, Pyotr Kuznetsov, founder of the True Russian Orthodox Church, is now confined to a psychiatric hospital after being charged with setting up a religious organization associated with violence. Beloruski Novosti reported yesterday that a member of the Belarus' parliament went to the cave on Sunday and spoke with the group which includes 10 or 12 Belorussian citizens.

Yesterday, RIA Novosti reported that Kuznetsov has refused to help authorities convince the group to release four small children who are with them. Psychiatrists from Moscow are currently negotiating with those inside the cave, focusing on release of the children. They are being assisted by millionaire businessman German Sterligov who has himself been living in a remote forest hut to protect his family from the "negative influence of television and modern schools".

Sudan Arrests Primary School Teacher Over Name of Teddy Bear

Reuters today reports that in Khartoum, Sudan, a British elementary-school teacher has been arrested for permitting her class of 7-year olds to name a teddy bear Mohammad. Teacher Gillian Gibbons was combining a unit on animals and their habitats with an attempt to teach students about voting. Students came up with eight possible names for the bear, and then voted on their favorite. Twenty of the 23 students voted for "Mohammad". After a number of parents complained to Sudan's Ministry of Education, Gibbons was arrested on charges of insulting the Prophet Mohammad. The Sudanese Media Centre said charges of insulting religion were being prepared "under article 125 of the criminal law". (However under Sudan's 2003 Penal Code , it would appear that Sections 242 and 242(A) are the sections involved.) Other teachers at the over-100 year old independent Unity High School that is run by members of various Christian denominations -- but which also enrolls Muslim students -- said that Gibbons merely made an innocent mistake. Meanwhile school director Robert Boulos has closed the school until January for fear of reprisals.

New York's RFRA Proposals Generate Opposition

With the support of Gov. Eliot Spitzer, a Religious Freedom Restoration Act (S 6464 and A 9098), has been introduced into New York's legislature. The proposed law would prohibit state and local governments from substantially burdening religious exercise unless they have a compelling interest and use narrowly tailored means to achieve that interest. Today's Rochester Democrat and Chronicle reports that Speaker Sheldon Silver-- along with 40 co-sponsors-- is introducing an alternative bill that will also prohibit using religious liberty protections to defend against enforcement of anti-discrimination and health care access laws. A Christian lobbying group, New Yorkers for Constitutional Freedoms, opposes that bill because of its protection for abortion rights and rights of homosexuals. Meanwhile, the Albany-based Institute for Humanist Studies is opposing RFRA more generally, objecting to the special rights it gives to those who practice religion. (Press release).

Islamic Academy In Virginia on Defensive As Legislators Press For Action

Last month, the U.S. Commission on International Religious Freedom urged the closure of the Islamic Saudi Academy in Fairfax, Virginia, pending a review of its textbooks. (See prior posting.) Yesterday the AP reported that a group of U.S. senators has written the State Department urging it to act on the recommendations, and last week a bill was introduced in the House of Representatives to require implementation of USCIRF's recommendations. The Academy, however, is defending itself. It has given copies of its books to the Saudi embassy, which in turn forwarded them to the State Department, though USCIRF has not yet seen them. The school's director general, Abdalla al-Shabnan, says that it has modified Saudi textbooks to remove passage that are intolerant of other religions. The Academy is also strongly defended by schools that compete against it in interscholastic sports-- including private Christian schools.

Saudis Attempt To Justify Sentence Imposed On Rape Victim

The AP reports that on Saturday, Saudi Arabia's Justice Ministry issued a statement defending a controversial sentence under Islamic law imposed by Saudi courts on a rape victim. The victim and her male companion were abducted from a shopping mall parking lot by seven men. Last week, U.S. Democratic Presidential candidates, human rights groups and the State Department all criticized the sentence of 200 lashes and six months in jail. The victim violated Saudi Arabia's Sharia law requiring women to have a male relative with them when they are in public. (CNN). The woman was originally sentenced to 90 lashes, but the sentence was increase on appeal. Her attackers were sentenced last month to two to nine years in prison. The Saudi statement issued Saturday says that the woman was partially dressed in a parked car with her lover when they were attacked. It said the sentence followed the "the book of God and the teachings of the Prophet Muhammad". The woman's lawyer, whose license has was suspended after he filed the appeal, faces a disciplinary hearing at the Ministry of Justice next month.

UPDATE: Arab News reported on Tuesday that Abdul Rahman Al-Lahem, lawyer for the woman who was sentenced, will now file a defamation suit through the Ministry of Culture and Information because of the statement by the Ministry of Justice that included a claim that the rape victim had confessed to having an illegal affair.

UPDATE: AP reported on Tuesday that Saudi Arabia's Prince Saud al-Faisal, in a statement issued while he is in the U.S., said that "the Saudi judiciary will review the case".

UPDATE: On Jan 21, 2008, CNN reported that lawyer Abdul Rahman Al-Lahem told CNN that the Saudi Jusice Ministry has reinstated his license to practice law. In December, the Justice Ministry claimed that the lawyer's license had never been revoked.

Recent Scholarly Articles of Interest

From SSRN:

• Nathan B. Oman, Jurisprudence and the Problem of Church Doctrine, (Journal of the Society for Mormon Philosophy and Theology, Vol. 2, No. 2, Fall 2006).

From SmartCILP:

• Don Ellinghausen, Jr. Venting of Vipassana? Mindfulness Mediation's Potential for Reducing Anger's Role in Mediation, 8 Cardozo Journal of Conflict Resolution 63-83 (2006).
• Aaron Jay Saiger, School Choice and States' Duty to Support "Public" Schools, 48 Boston College Law Review 909-969 (2007).

Times Explores Churches' New Role In Economic Development

Friday's New York Times ran a long piece in its Business Section titled Megachurches Add Local Economy to Their Mission. Here is an excerpt:

[S]ome huge churches ... are becoming catalysts for local economic development, challenging a conventional view that churches drain a town financially.... But the entrepreneurial activities of churches pose questions for their communities that do not arise with secular development.

These enterprises, whose sponsoring churches benefit from a variety of tax breaks and regulatory exemptions given to religious organizations in this country, sometimes provoke complaints from for-profit businesses with which they compete.... Mixed-use projects, like shopping centers that also include church buildings, can make it difficult to determine what constitutes tax-exempt ministry work, which is granted exemptions from property and unemployment taxes, and what is taxable commerce.

And when these ventures succeed — when local amenities like shops, sports centers, theaters and clinics are all provided in church-run settings and employ mostly church members — people of other faiths may feel shut out of a significant part of a town’s life, some religion scholars said.

[Thanks to Melissa Rogers for the lead.]

Dispute Over Insurance Coverage For Marianist Order Is In Court

Today's Pueblo (CO) Chieftan discusses a pending federal lawsuit in Denver over the extent to which policies issued by North River Insurance Co. cover sexual abuse claims against the Society of Mary by former students at Roncalli High School in Pueblo. The insurer claims that only the Diocese of Pueblo is covered, and that the Society of Mary is not an additional insured under the policy. Marianists teachers staffed the high school for the diocese.

Mexican Officials Say Cathedral's Protest Closure Is Illegal

In Mexico City, Church officials have closed the Metropolitan Cathedral after an attack by PRD party followers during a call to noon Mass on Nov. 18. (California Daily Catholic, 11/21). The Church says it will reopen the 16th century Cathedral only if city officials pledge in writing to protect worshipers and assure freedom of worship. However, according to yesterday's California Daily Catholic, Mexican government officials say the the closure is illegal under Mexican law. All church property was confiscated by the government in the 19th century. Under the General Law of Public Property, these places of worship are federal real estate used for religious purposes under a temporary concession from the government. Under the law, the Church has the responsibility to "preserve the integrity of public property under its custody." Only the Secretary of Government has the power to close down a place of worship. Attorney Raúl Carrancá y Rivas said that the Church has violated the rights of third parties by preventing them access to a national monument.

According to a posting at Lonely Planet, the public safety and security director for the Distrito Federal has announced a security plan to protect the Cathedral.

Fights Over Public Holiday Displays Begin

Predictably, the "Christmas Wars" over public holiday displays are beginning. In Ypsilanti Township, Michigan, officials have refused the request by resident, Jill Carr, to display a nativity scene in front of the Township Fire Hall. Carr has contacted the Thomas More Law Center to fight the refusal, and an attorney for the Township Board of Trustees says that the display is permissible only if the nativity scene is accompanied by non-religious holiday decorations. (Ann Arbor News, 11/24).

The Freedom From Religion Foundation has protested a decision by the Menominee, Michigan Parks and Recreation Committee to place a nativity scene in a park band shell, and allow non-Christians to add other holiday symbols to the display as well. (Winston-Salem Journal, 11/24).

Finally, in the village of Briarcliff Manor, New York, after litigation over its 2005 holiday display, this year the Village Board approved a non-religious display-- a tree with a star, a Hanukkah dreidel, and a banner reading: "The Village of Briarcliff Manor Extends Holiday Greetings and Wishes for Peace to All." Rev. Timothy Schenck, rector of All Saints Episcopal Church in Briarcliff Manor reacted: "if people are so passionate about this, put up a display in your yard, go to church, go to synagogue, go to your religious institution and celebrate. That's where the energy should be ... rather than publicly debating what symbols to put up." (NY Journal News, 11/25).

News Agency Interviews Israel's Chief Military Chaplain

South Korea's Yonhap News Agency today carries an interview with the Chief Rabbi of the Israel Defense Force who was in Seoul to attend an international chaplains' forum. Brig. Gen. Avi Ronzki told the interviewer that getting an appointment as a chaplain in the IDF is not easy. This year, over 200 rabbis applied, but only 17 were chosen. A total of 150 rabbis are in active service with the IDF as chaplains.

Religious Fredom Is An Issue In Meat Importation Case

A report today by the AP out of New York focuses on a trial taking place this month in Manhattan charging a West African immigrant, Mamie Manneh, with illegal importation of African bushmeat-- principally parts of monkeys. Monkey meat is consumed by followers of some West African religions to celebrate holidays and life-cycle events. The New York Times reported last week that Manneh's lawyer had argued that the charges infringe Manneh's free exercise of religion.

What Are Establishment Clause Rules For Adult Education Courses?

Northport, NY (a village on Long Island's North Shore), is the scene of a new chapter in the battle over teaching of Creation Science. According to an article in Sunday's New York Times, the new dispute centers on whether the Establishment Clause precludes the teaching of a Creation Science class as part of the adult education offerings taught in the evenings in public school buildings.

Foster Care Does Not End Mother's Right To Object To Immunization

Arizona, like many states, requires children enrolled in day-care facilities to be immunized against various diseases, but creates an exemption for children whose parents have religious objections to immunization. Earlier this week, in Diana H. v. Rubin, (AZ Ct. App., Div. 2, Nov. 21, 2007), an Arizona Court of Appeals held that a mother retains the right to obtain a religious exemption for her child, even though the state has taken temporary physical custody of the child and has placed the child in foster care. The court concludes that a dependency determination does not extinguish a parent’s right to control the religious upbringing of his or her child. Judge Espinosa dissented, arguing that the majority's opinion "elevates the rights of the irresponsible parent over the needs of an innocent child..." Today's Douglas Daily Dispatch covers the decision.

PBS Documentary-- Prayer In America

During November and December, PBS stations around the country will be broadcasting a two-part documentary-- Prayer in America. The programs, based on James P. Moore, Jr.'s book, One Nation Under God: The History of Prayer in America, includes segments on school prayer; science and prayer; civil religion and prayer; slavery and prayer; and a number of other topics. David Yonke in today's Toledo Blade reviews the upcoming program.

Oral Roberts University President Resigns Under Fire

The AP reports that Richard Roberts, president of the evangelical Oral Roberts University, resigned on Friday, after receiving a vote of no confidence from the school's tenured faculty last week. Roberts, who was the son of the university's founder Oral Roberts, had been accused in a civil suit filed by three former faculty members of financial improprieties, as well as of requiring students in a government class to work on the campaign of a particular Republican candidate in the mayoral primary in Tulsa, Oklahoma. (See prior posting.) ORU Board of Regents Chairman George Pearsons posted a brief announcement of the resignation on the University's website, indicating that the regents will meet next week to determine the next steps to take in searching for a successor.

UPDATE: An AP story on Saturday chronicles the reactions of students and others in the ORU community to the resignation.

House of Lords Debates IVF For Lesbians Partly In Religious Terms

Britain's House of Lords this week is debated the second reading of the Human Fertilisation and Embryology Bill. Section 23 of the bill would amend a provision in the Human Fertilisation and Embryology Act 1990 (Sec. 25). That current section calls for a Code of Practice that gives guidance to those providing treatment services about, among other things, the child's need for a father. The proposed bill would eliminate this reference to the need for a father, thus clearly making IVF available to single women and to lesbian couples. Yesterday's Pink News reports that during the debate, a number of Lords objected to the proposed change, often using arguments based at least in part in religion.

For example, Lord Elton said: "to rule out the male responsibility seems to go in the face of nature, religion and good sensible politics on the part of a government who are trying to stop overfilling the jails of this country." Lord Ahmed argued that "Muslims have a profound belief not just in the sanctity of human life from conception onwards but in the importance of knowing your antecedents: the root from which you spring." Baroness Paisley of St George's argued: "This proposal totally disregards the biblical law on mixing kinds or species as laid down in Holy Scripture, and would be an offence to the Creator Himself, who made man in His own image." Responding for the government, Under-Secretary of State for Health, Lord Darzi said: "the available research evidence suggests that it is the quality of parenting that is the factor of prime importance, not the gender of the parent per se."

Hindus In Malaysia Sue British for Failing To Protect Against Malaysian Oppression

Asian Tribune today reports on the continuing demolition by Malaysian authorities of Hindu temples that were built on government property by communities that had no land of their own. The Hindu Rights Action Force which alleges a series of repressive actions by the government of Malaysia, in August 2007 filed a fascinating class-action lawsuit in the Royal Courts of Justice in London. It seeks damages of 48 trillion pound from Britain for bringing Indians into Malaysia as indentured servants and then failing to assure that their rights were protected by Malaysia's constitution when independence was granted. (Wikipedia). Following the latest temple destruction -- of the 100-year-old Maha Mariamman Temple in Padang Jawa -- HAF has asked for government approval of a gathering of Hindus scheduled for Sunday to submit a petition, referring to the class-action suit, to the British High Commission in Kuala Lumpur.

Nigerian Politicos May Use Religion To Postpone Their Own Ouster

In Nigeria, the present national executive leaders of the Peoples Democratic Party are invoking religion in a new way. According to Thursday's This Day Online, in order to extend the term of PDP National Working Committee officials, the party's executive committee is likely to move the special national convention scheduled for January 5, 2008 to March and April of 2008 instead. The excuse that will likely be used by the National Executive Committee is that Muslims on hajj as well as Christians getting ready for Christmas will not be able to participate in planning for an early January convention.

Miami Federal Prison Warden Encourages Aleph Institute

On Wednesday, John T. Rathman, new warden of Miami, Florida's Federal Detention Center, met with staff of the Aleph Institute to learn about its programs that help former inmates with housing and employment so they can successfully reenter society. Rathman indicated a strong interest in working with Aleph-- an organization sponsored by the Orthodox Jewish Chabad movement-- to create pre-release programs that can be offered in prison to those who are approaching their release dates. According to a release issued yesterday by Chabad, the new warden also indicated an interest in helping Aleph to expand its educational programs at the prison.

Indonesian Poll Backs Sharia Law In Districts That Have Adopted It

In Indonesia, a poll conducted by the Centre for the Study of Religion and Culture in six districts that have implemented Sharia-inspired laws found that they were supported by 94.7% of respondents. AKI yesterday reported on the poll of 1000 Indonesians, including 200 non-Muslims. Interestingly, 46% of the non-Muslim respondents also supported the laws. However 44.5% of Muslims surveyed said that the Sharia laws did not improve the economy of the regions. In the district of Bireun, tourism has suffered after the local authorities enforced caning punishments for adultery and alcoholism. The survey also found that most Muslim respondents would like to ban non-Muslim places of worship being built in their neighborhoods.

President Marks Thanksgiving In Several Venues

Last week, President Bush issued a Proclamation declaring today to be Thanksgiving Day. It reads in part:

Our country was founded by men and women who realized their dependence on God and were humbled by His providence and grace. The early explorers and settlers who arrived in this land gave thanks for God's protection and for the extraordinary natural abundance they found. Since the first National Day of Thanksgiving was proclaimed by President George Washington, Americans have come together to offer thanks for our many blessings. We recall the great privilege it is to live in a land where freedom is the right of every person and where all can pursue their dreams. We express our deep appreciation for the sacrifices of the honorable men and women in uniform who defend liberty. As they work to advance the cause of freedom, our Nation keeps these brave individuals and their families in our thoughts, and we pray for their safe return.

On Monday the President spoke (full text) at Berkeley Plantation in Charles City, Virginia, which claims to be the site of the first Thanksgiving, predating that of the Pilgrims in Massachusetts. As the President recounted:

In 1619, a band of 38 settlers departed Bristol, England for Berkeley aboard a ship like the one behind me. At the end of their long voyage, the men reviewed their orders from home. And here's what the orders said: "The day of our ship's arrival h shall be yearly and perpetually kept holy as a day of Thanksgiving to Almighty God." (Applause.) Upon hearing those orders, the men fell to their knees in prayer. And with this humble act of faith, the settlers celebrated their first Thanksgiving in the New World.

Finally, on Tuesday in remarks in the Rose Garden, The President issued the traditional pardon for this year's two White House turkeys, May and Flower, and sent them on to Disney World to serve as honorary Grand Marshalls in the Thanksgiving Day parade. However the White House staff has apparently found some replacements since the Thanksgiving Day menu for the President at Camp David includes Oven Roasted Turkey.

Indiana Senate Opens With Sectarian Invocation

Prayer in the Indiana legislature remains in the news. Now that the constitutional challenge by taxpayers to opening House sessions with sectarian prayer has been dismissed on standing grounds (see prior posting), the Indiana state Senate is getting into the fray. On Tuesday, State Sen. Dennis Kruse offered the opening invocation, and ended it with the words: "We pray this in the name and beloved power of our Lord Jesus Christ and for his sake, Amen." (Anderson, IN Herald Bulletin). Yesterday's Indianapolis Star says that Senate President Pro Tem David Long specifically permitted the sectarian prayer, concluding that the Senate was on safe legal ground now that the suit against the House speaker has been dismissed. However House Speaker B. Patrick Bauer said state Attorney General Steve Carter advised him not to permit sectarian prayer in the House because the 7th Circuit's standing opinion is subject to a pending motion for en banc review. ACLU attorney Ken Falk said that his organization would likely sue on behalf of someone who was subjected to the prayer if the Senate continues the use of sectarian invocations.

China's Rules For Olympic Visitors Bars Falun Gong Materials or Activities

The Coalition to Investigate the Persecution of Falun Gong issued a press release yesterday calling attention to the disparate treatment of Falun Gong members who will be attending the 2008 Winter Olympics in China. Apparently the News Director of the Beijing Olympics media center in Canada responded to criticism of religious restrictions, saying that the government would allow athletes and tourists to bring religious objects for their personal use during the Olympics. However, he said, this does not apply to Falun Gong practitioners since Falun Gong texts and activities are outlawed in China.

Opening In VA Episcopal Church Case Published; More Defections Loom

As previously reported, a trial in Fairfax, Virginia is underway to determine the ownership of property housing eleven Virginia churches that have broken from the Episcopal Church USA to join a more conservative parent group, the Convocation of Anglicans in North America. At the heart of the trial is Virginia's "division statute" enacted at the time of the Civil War to deal with church splits over slavery. Virtue Online yesterday posted the full text of the opening statement at trial made by attorney Steffen Johnson on behalf of the breakaway congregations. He summarized his position as follows:

[T]he General Assembly enacted the division statute to ensure that a neutral principle, majority rule, would govern situations when a group of congregations divided from their former denomination and formed a new branch of the church. That happened in the 19th century and it continues to happen today. What is perhaps unique about this case is that the division has played out at the international level of the church as well, but it is no less a division within the meaning of the statute. Indeed, the international element of this dispute merely confirms the magnitude of the division...

Meanwhile last Saturday, the Episcopal Diocese of Forth Worth, Texas became the fourth Episcopal diocese to begin the process of leaving the Episcopal Church USA in order to affiliate with a more conservative Anglican province. Tuesday's Christian Post reports that the first of two required votes were taken at the diocese's annual convention.

Scalia Will Have Two Orthodox Jewish Law Clerks In 2008

Beginning in July 2008, two law clerks to U.S. Supreme Court Justice Antonin Scalia will be Orthodox Jews. Moshe Spinowitz and Yaakov Roth, both Harvard Law graduates and both now clerking for U.S. 1st Circuit Court of Appeals judge Michael Boudin, say their religious faith was not a significant issue in their selection. Wednesday's Forward, reporting the story, inteviewed Nathan Lewin, a prominent Orthodox Jewish lawyer who clerked for Justice John M. Harlan from 1961 to 1962. Lewin was a classmate and friend of Scalia's at Harvard where they both were law review editors. Lewin recalled Scalia commenting at times that Talmudic training gives law students a head start. Roth's selection as a Scalia clerk was reported on earlier this year.

Most of "Flying Imams" Claims Survive Motion To Dismiss

In the so-called "flying imams" case (see prior posting), a Minnesota federal district judge on Tuesday permitted plaintiffs-- who claim that religious and racial discrimination was involved in their removal from a flight out of Minneapolis last year-- to move ahead with most of their numerous federal and state claims against US Airways and the Metropolitan Airports Commission (MAC). In Ibrahim v. U.S. Airways Group, Inc., (D MN, Nov. 20, 2007), the court among other things held that plaintiffs sufficiently alleged that U.S. Airways acted under color of law through joint conduct with MAC. The court also held that while the Federal Aviation Act shields airlines' decisions to exclude passengers for security reasons, that shield does not extend to plaintiffs' claims arising out of their arrest and detention after they were taken off the plane.

Yesterday's Minneapolis Star Tribune reporting on the decision, quoted Frederick Goetz, one of plaintiff's lawyers, who praised the decision: "This has always been a straightforward civil rights case. You had six individuals ... doing absolutely nothing wrong. They prayed in the airport and got arrested. That's unconstitutional, and they deserve redress."

British Groups Produce Model Governance Documents for Independent Churches

In Britain, the government's Charity Commission has been attempting to improve governance standards of religious charities. Now, together with the Evangelical Alliance, the completion of three model governance documents for independent churches has been announced :

The documents set out the proper checks and balances required to allow paid church leaders to take appropriate leadership responsibilities as church charity trustees, manage any potential conflicts of interest, and offer churches a legal structure to help govern their charity....

A revised Model Trust Deed ... offers independent churches with a non-voting membership a legal structure to help govern their charity.

Also now available are a Model Constitution - designed for situations where the wider membership of the church is involved in its governance and decision-making processes - and a Model Memorandum and Articles of Association designed for situations where a corporate structure is considered important. Guideline documents are also accessible for further assistance.

The full text of all the documents and accompanying guidelines are available from the Evangelical Alliance website.

Florida County School Board Members Favor Teaching Intelligent Design

The Lakeland (FL) Ledger reported yesterday that a majority of the Polk County, Florida, School Board is in favor of teaching intelligent design in public schools. Three of the seven board members say they oppose Florida's proposed science standards that include evolution and biological diversity as one of the "big ideas" that are critical for a well-grounded science education. A fourth member says she wants intelligent design taught in addition to evolution.

Former FLDS Leader Sentenced To Prison

A Utah judge yesterday sentenced Warren Jeffs, former leader of the polygamous FLDS Church, to two consecutive terms of five years to life in prison for forcing 14-year old Elissa Wall to "spiritually" marry her 19-year old cousin Allen G. Steed. Jeffs did not heed her later request to be released from the marriage because of unwanted sexual contact. Today's New York Times reports on the sentencing following Jeffs conviction on the unusual charges of being an accomplice to rape. Reporting on the sentence, the AP quotes Jeff's attorney, Wally Bugden, who said: "This was all about religion. The foundation of this case was the prosecution of Mr. Jeffs because of placement marriage." Meanwhile according to UPI, Jeffs attorneys have already filed an appeal of his conviction, arguing that there was no evidence showing Jeffs was aware of the nonconsensual sex forced on Wall. (See prior related posting.)

Establishment Challenge To Highway Patrol Memorial Crosses Dismissed

In an interesting opinion, a Utah federal district court has granted summary judgment to defendants and dismissed an Establishment Clause challenge brought by American Atheists to crosses placed on public property to memorialize state Highway Patrol officers who died in the line of duty. The case is American Atheists, Inc. v. Duncan, (D UT, Nov 20, 2007) [full text at this link, scroll down to pg. 78]. In dismissing the case and permitting the Utah Highway Patrol Association to continue erecting memorials, the court said:

Just as the Christmas tree evolved into a secular symbol of celebration, the cross has evolved into a symbol capable of communicating a secular message of death and burial. While the cross retains its religious meaning when placed in religious contexts, it has transformed into a representation of death and burial when placed in pop culture settings and when used as a memorial. Like the Christmas tree, which took on secular symbolism as Americans used the tree without subscribing to a particular religious belief, the cross has attained a secular status as Americans have used it to honor the place where fallen soldiers and citizens lay buried, or had fatal accidents, regardless of their religious belief. And the progression of the cross from a religious to a secular symbol continues as crosses are increasingly used to symbolize death in advertising campaigns, films, television, and seasonal holiday decorations--frequently having nothing to do with religion or a particular religious belief. Consequently, the court finds a reasonable observer, aware of the history and context of the community would not view the memorial crosses as a government endorsement of religion.

Yesterday's Deseret Morning News reports on the decision. (See prior related posting.)

UPDATE: Fox News reported on Wednesday that American Atheists plans to appeal the ruling.

Cert Petition Filed In Summum "Seven Aphorisms" Case

A petition for certiorari (full text) has been filed by the American Center for Law and Justice with the U.S. Supreme Court in Pleasant Grove City v. Summum. In the case, the 10th Circuit Court of Appeals held that Summum was entitled to erect a Seven Aphorisms monument in a city park that already features a number of other displays relating , including a 10 Commandments monument donated by the Fraternal Order of Eagles. (See prior posting.) En banc review was denied by a 6-6 vote. (See prior posting.) In announcing the filing, ACLJ said: "The lower court’s decision misses the crucial distinction between government speech and private speech. The government has to be neutral toward private speech, but it does not have to be neutral in its own speech."

Vermont Will Expand Inmates' Religious Rights

Yesterday's Burlington Free Press reports that the Vermont Department of Corrections is finalizing new guidelines that will expand the religious rights of inmates in Vermont prisons. After receiving extensive comments on an earlier proposal, the Department made significant revisions. The new rules will permit inmates to participate in religious services by signing up just as they sign up for other activities. The Department eliminated the proposed requirement for a religious designation and a one-year waiting period for inmates who wish to change their religious preference. The new rules will also permit inmates to wear religious head coverings throughout the prison. They will permit demonstrative prayer beyond an inmate's cell and designated religious areas. This means that inmates can offer non-disruptive grace at meals. Lori Windham, legal counsel for Becket Fund for Religious Liberty, said that her group is generally pleased with the revised guidelines, but still is concerned over a requirement that religious services to be run by outside volunteers, barring inmate-run religious services.

British Court Hears Arguments In Christian Activist's Blasphemy Case

In Britain on Monday, a High Court hearing began in an appeal of a blasphemy case brought by a Christian activist who objects to the 2005 showing by BBC of "Jerry Springer-The Opera". Reuters reports that Stephen Green of Christian Voice sued BBC director-general Mark Thompson and the musical's producer Jon Thoday. The show depicts Jesus as being gay and Adam as being a member of the Ku Klux Klan. A district judge had dismissed the lawsuit. A submission to the High Court by Liberty (a civil liberties group) argued that Britain's blasphemy laws violate the European Convention on Human Rights. British artists have been advocating repeal of the blasphemy laws. (See prior posting). Canadian Press has additional background on the case.

Indiana Voter ID Case Poses A Hidden Religious Liberty Issue

At first blush, Crawford v. Marion County Election Board, the pending U.S. Supreme Court case challenging to Indiana's voter identification requirements, does not appear to involve religious liberty issues. However as Blog from the Capitol points out, an amicus brief filed by the League of Women Voters suggests that religious freedom is at stake. Indiana permits photo-exempt drivers' licenses and identification cards for those who have religious objections to being photographed. However, a person presenting such a card at the polls would be required to vote provisionally and then go to the election board to complete an affidavit attesting to his or her religious objections. This places an additional burden on hundreds of Amish and Mennonites in the state, who have already provided proof of their religious beliefs in getting their photo-exempt card initially. It requires individuals who often lack mechanized transportation for religious reasons, to go before the election board every time they vote. Some Old Order Amish and Mennonites also have religious reservations to such appearances to defend their rights. The Brennan Center has links to all the filings in the Crawford case.

New York's High Court Holds Satmar Rivalry Nonjusticiable

Yesterday, the New York Court of Appeals-- the state's highest court-- issued two decisions in the long-running, high-stakes dispute between two factions of New York's Orthodox-Jewish Satmar Hasidic community. (See prior posting.) The underlying dispute involves a contest for leadership of the community between the two sons of the now-deceased former leader, Rabbi Moses Teitelbaum, and control of some $100 million in communal assets.

The main decision, Matter of Congregation Yetev Lev D'Satmar, Inc. v Kahana, (NY Ct. App., Nov. 20, 2007), involved a disputed election for directors and officers of the Satmar's Brooklyn congregation. The majority held that the dispute cannot be resolved without judicial intrusion into matters of religious doctrine, and that the First Amendment forbids civil courts from interfering in or determining religious disputes. Justice Smith dissented, saying: "I believe that courts should hold disputes between religious factions to be non-justiciable only as a last resort, where it is absolutely clear that no neutral principle can decide the case.... [T]he prospect of the parties resolving their differences in court may be unattractive, but the thought of their resolving them elsewhere may be less attractive still."

In a companion case, Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v Congregation Yetev Lev D'Satmar, Inc., (NY Ct. App., Nov. 20, 2007), the court invalidated the transfer of a half-interest in the cemetery in which the Satmar's founder is buried from one faction to the other. The court affirmed a decision of the Appellate Division that refussed to grant judicial approval to the transfer under a provision of New York's Religious Corporations Law that required such approval when a transfer was made for nominal consideration. The court held that a transfer to further the interests on one side in a factional dispute does not satisfy the standard required for approval. Yesterday's Newsday reports on the two decisions.

Mormon Percentages In Utah Fall

Today's Salt Lake Tribune reports that the percentage of Utah residents who are members of the Church of Jesus Christ of Latter Day Saints has fallen to a new low of 60.7% according to data furnished by the LDS Church to the state of Utah for demographic purposes. Apparently much of this change is due to the influx of new people into the state. If the trend continues, Mormons will make up less than 50% of the state's population by 2030. Brigham Young University Professor Kelly Patterson says the political impact of the shift will be lessened by the fact that Mormons traditionally have voted in higher percentages than non-Mormons.

Pope Appoints New Head of Military Services Archdiocese In U.S.

Yesterday's Washington Post reports that Pope Benedict XVI has named Bishop Timothy Broglio of Cleveland as head of the Archdiocese for Military Services. The Archdiocese serves all Catholics in the U.S. military and their families. In the past, Broglio served in the Vatican's diplomatic corps.

FBI Releases 2006 Hate Crime Statistics

The FBI yesterday released its Hate Crime Statistics for 2006. Total hate crimes in the U.S. went up from 7,163 in 2005 to 7,722 in 2006. One expert suggested that the increase may be due to a larger number of police agencies reporting this year. (Los Angeles Times). The largest number of incidents took place in California, followed by New Jersey and Michigan and New York, though California showed a drop in incidents from last year.

Data indicates that crimes against 1,750 victims (18.1% of all hate crimes) were motivated by religious bias. In the largest portion of these (65.4% or 144 victims), the offender was motivated by anti-Jewish bias, while in 11.9% (208 victims), the offender was motivated by anti-Islamic bias. Of the others, 4.9% were victims of anti-Catholic bias; 3.7% were victims of anti-Protestant bias; 0.5% were victims of anti-Atheist/Agnostic bias; 8.4% were victims of a bias against other religions; and 5.3% were victims of a bias against groups of individuals of varying religions. Since some incidents involved multiple victims, the percentages for hate crimes by incident is slightly different. Among property crimes, such as vandalism, 7.4% of all hate crimes were against religious institutions.

Russian Religious Leader Wants Government Control of Morality In Media

In a meeting yesterday with Russia's President Vladimir Putin, the head of the Russian Orthodox Church, Patriarch Alexy II, called on the government to create a regulatory council to deal with issues of morality in the mass media. The Associated Press reports that some analysts say the meeting between the two leaders was intended encourage religious Russians to vote in the Dec. 2 parliamentary election.

Chavez Brings Christian References To OPEC In Saudi Arabia

As host of the last OPEC summit, the ceremonial duty of opening this year's summit in Riyadh, Saudi Arabia on Saturday went to left-wing Venezuelan President Hugo Chavez. Caribbean Net News reports that Chavez's opening remarks came just after verses from the Qur'an were read to the delegates. Catholic Chavez began his speech by making the sign of the cross. This apparently violates Saudi law that prohibits practicing a religion other than Islam in public. Chavez's remarks also invoked Jesus name. Reuters reports that Chavez told his audience: "The only way to peace, as Christ said, is justice, All of us here have engaged in the Third World's struggles, the people who have been colonised, invaded and oppressed for centuries." He said that OPEC "must stand up and act as a vanguard against poverty in the world." The Saudi media treated his remarks, as well as ones by Iran's President Mahmoud Ahmadinejad, as attempts to appeal to their own publics back home.

LAPD Reverses Course and Drops Plan To Map Muslim Population

Last week, the Los Angeles Police Department reversed itself and dropped controversial plans to map the city's Muslim population. (See prior posting.) Last Thursday's Los Angeles Times reported that the change of heart came after vociferous objections to the plan by Muslim groups and civil libertarians. The LAPD's public information director, Mary Grady, explained: "The whole purpose of this initiative was to bring together the department with the Muslim community. The word 'mapping' gave the impression it was about profiling when it was not."

Recent Articles and Books of Interest

From SSRN:

• Claudia E. Haupt, Free Exercise of Religion and Animal Protection: A Comparative Perspective on Ritual Slaughter, (George Washington International Law Review, Forthcoming ).
  
• Steven Douglas Smith, How Secularists Helped Knock Down the Wall of Separation Between Church and State, (San Diego Legal Studies Paper No. 07-124, Nov. 8, 2007).


• John Q. Barrett, Gregory L. Peterson, E. Barrett Prettyman, Shawn Francis Peters, Gathie Barnett Edmonds, Marie Barnett Snodgrass & Bennett Boskey, Recollections of West Virginia State Board of Education V. Barnette, (St. John's Law Review ,Vol. 81, pp. 755-796, Fall 2007).

From SmartCILP:

• Steven W. Fitschen, Laying Low the High Flying Evangelicals at the United States Air Force Academy? Thanks, but No Thanks, 36 Journal of Law & Education 501-514 (2007).


• Oscar Guardiola-Rivera, Return of the Fetish: A Plea for a New Materialism, 18 Law & Critique 275-307 (2007).


• Ellen Wiles, Headscarves, Human Rights, and Harmonious Multicultural Society: Implications of the French Ban for Interpretations of Equality, 41 Law & Society Review 699-735 (2007).

A revised edition of Steven H. Sholk, A Guide to Election Year Activities of Section 501(c)(3) Organizations, has been published by PLI in course material for Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2007.

Recent Books:

• Irfan Habib (ed.), Religion in Indian History, (Aligarh Historians Society, 2007) reviewed by The Hindu.


• Frank Schaeffer, Crazy for God, (Da Capo Press, Oct. 25, 2007).


• Daniel Walker Howe, What Hath God Wrought-- The Transformation of America, 1815-1848, (Oxford University Press, Sept. 2007).

Settlement Reached In Abuse Claims By Alaskans Against Jesuits

In the largest settlement yet against a Catholic religious order, the Oregon Province of the Society of Jesus has agreed to pay $50 million to dozens of Alaska Natives who have claimed sexual abuse by 13 to 14 Jesuit priests over a 30-year period. The accused include Rev. James Poole who founded Nome's Catholic radio station, KNOM, and who was later transferred to Portland by his order without its disclosing its knowledge of his past sexual misconduct. The AP yesterday reported on the settlement announcement by plaintiffs' lawyer. However counsel for the Jesuit group said the disclosure is premature. Apparently there are still issues to be resolved with the order's insurer. The settlement does not include ten pending lawsuits against the Diocese of Fairbanks.

Recent Prisoner Cases On Religion

In Maddox v. Love, 2007 U.S. Dist. LEXIS 83316 (SD IL, Nov. 9, 2007), an Illinois federal disrcit court permitted an inmate who was a member of the American Hebrew Israelite faith to prceed with claims that he was denied access to religious materials and that AHI inmates were denied group worship services. Claims based on failure to pay AHI leaders and denial of a proportional budget to AHI were dismissed.

In Ellibee v. Hiland Dairy Foods Co., LLC, 2007 Kan. App. Unpub. LEXIS 143 (KN Ct. App., Aug. 31, 2007), a Kansas Court of Appeals rejected on collateral estaoppel grounds a prisoner's consumer protection claim against a prison milk supplier, as well as rejecting his negligence and fraud claims. The prisoner claimed that the milk he was served as part of his kosher diet was not in fact kosher milk.

In Stanton v. Trotter, 2007 U.S. Dist. LEXIS 84763 (ND IN, Nov. 14, 2007), an Indiana federal court permitted a Buddhist inmate to proceed with an Eighth Amendment claim based on the failure of officials to provide him with a non-meat protein substitute as part of his religiously mandated vegetarian diet. It rejected his First Amendment claim merely alleging delay in beginning his vegetarian tray.

Church May Be Marital Asset In NY Divorce Proceeding

In CH v. RH, (NY Sup. Ct., Nassau, Nov. 13, 2007), a New York judge, rejecting Establishment Clause concerns, held that a Church could be a marital asset in a divorce proceeding. At issue is the church building, catering hall and rental business of Grace Christian Church in Brooklyn. According to the court:

plaintiff claims that the Church is a marital asset because it is actually the defendant's "business" which he operates as his "personal piggy bank." Specifically, the plaintiff claims that the defendant provided $50,000.00 of their marital money to the Church as start-up capital; defendant controls all of the finances of the Church and makes all financial decisions, defendant refuses to make any financial disclosures to the Church's Board of Directors and the Church Administrator, hides his finances from the Church elders, determines his own income, refers to the Church as "my Church" and dismisses anyone who challenges his operation and finances of the Church.

The court concluded that if it is shown that the church is the husband's "alter ego", it will be valued as a marital asset for purposes of determining equitable distribution. The issue is one of first impression in New York. Newsday, the AP and the New York Daily News all carried reports on the case earlier this week.

Parishioners of Closed Ohio Churches, Critical of Diocese, Pursue Litigation,

Today's Toledo Blade carries two stories on lawsuits in which rural Catholic Churches are challenging the 2005 decision of the Diocese of Toledo to restructure parish boundaries. In Junction, Ohio, a former member of the now-closed St. Mary’s Catholic Church has sued to prevent the Diocese from removing the windows and other sacred items from the church. The Diocese wants to store the items for future use elsewhere. Meanwhile in Kansas, Ohio, parishioners of the former St. James Catholic Church who filed suit last year to challenge their church's closing have been angered by new discoveries. They have found that over $44,000 of funds they donated to the parish before it closed have been transferred by the Diocese to pay attorneys hired to fight the parishioners' lawsuit.

Hawaiians Want Army To Clear Bomb From Area Used For Ceremony

On the Hawaiian island of Oahu, community groups are holding a vigil outside the Makua Military Reservation, according to a press release today from Earth Justice. At issue is the delay by the Army in removing a 250-pound bomb left over from World War II discovered this month near Makua Beach Park. The Army has created an exclusion zone in the area for safety purposes. However the zone includes the area in which the Makahiki, the traditional Hawaiian celebration of the time of peace, had been scheduled. Protesters say that under a 2001 agreement, the Army should have long ago cleared this area of unexploded ordnance. The Army says it will make plans to remove the bomb once it completes a sweep of the area for other unexploded ordnance.

Reactions to Grassley's Investigation of Tele-Evangelists Continue

An article in today's Des Moines Register reports on the reactions to letters sent out recently by U.S. Senator Charles Grassley to six televangelists asking for information about alleged misuse of donations to their religious organizations. (See prior posting.) The paper says that most of the ministries in question preach the "prosperity gospel". One of Grassley's targets, Bishop Eddie Long of the New Birth Missionary Baptist Church in Lithonia, Ga., calls Grassley's letter an attack on religious freedom and privacy rights.

Indian Supreme Court Upholds Legislative Oaths In Name of Allah

A panel of the Supreme Court of India has rejected a challenge to the seating of eleven members of the Kerala Legislative Assembly who last year took their oaths of office in the name of Allah, according to today's Newstrack India. Petitioner, Madhu Parmula, Vice President of Bhartiya Janata Yuva Morcha, argued the Indian Constitution, Third Schedule, requires that legislators' oaths be taken in the name of God. The court ruled, however, that Allah in Arabic means God, so the requirement was met. The court distinguished an earlier case in which the Kerala High Court ordered a legislator not to take his seat after he took his oath in the name of a religious Guru. The Supreme Court panel said that taking the oath in the name of an individual is unconstitutional.

Mexico Politicians Want To Strengthen Church-State Separation

In Mexico, Rep. Maria Beatriz Pages Llergo of the Institutional Revolutionary Party, along with lawmakers from the Revolutionary Democratic and Convergence parties, are proposing a constitutional amendment to strengthen the long-standing tradition of church-state separation in Mexico. Yesterday's International Herald Tribune reports that in remarks at a forum on religious tolerance, Llergos said that both public and private education should be secular, and criticized moves by the Catholic Church to ease restrictions on members of the clergy participating in politics.

Papal Nuncio Criticizes Israel's Performance Under Agreements With Vatican

Spero News yesterday reported on remarks by the Papal Nuncio to Washington, Mgr. Pietro Sambi, who was formerly the Vatican's nuncio to Israel. Sambi strongly criticized Israel for its delay in implementing agreements signed with the Vatican in 1993. Citing the long-stalled negotiations on taxes, church property and compensation for services provided to Israelis, as well as the failure to obtain Knesset ratification of 1997 Fundamental and Legal Personality Agreements, Sambi said: "relations between the Catholic Church and the State of Israel were better when there were not diplomatic relations." (See prior related posting.)

"Push Polling" Questions Romney's Mormon Beliefs

Republican presidential candidate John McCain has asked New Hampshire's attorney general to investigate incidents of "push polling" that purport to be from McCain backers and that raise questions about the religious beliefs of rival candidate Mitt Romney. McCain says that his campaign is not behind the calls. The AP reported yesterday that persons called are asked if they "knew that Romney was a Mormon, that he received military deferments when he served as a Mormon missionary in France, that his five sons did not serve in the military, that Romney's faith did not accept blacks as bishops into the 1970s and that Mormons believe the Book of Mormon is superior to the Bible." The calls have been received by at least seven voters in New Hampshire and Iowa. A Romney spokesman said that the calls amount to repulsive religious bigotry.

Religious Beliefs Fail To Lighten Drug Possession Sentence

In New London, Connecticut on Thursday, Vernon Smith, a Rastafarian, was unsuccessful in convincing a court to reduce on religious grounds the sentence sought by prosecutors after he plead guilty to possession of marijuana with intent to sell. Today's Hartford Courant reports that Smith's attorney argued his client believes marijuana is a sacrament and smoking it is a human right. The judge accepted prosecutor's recommendation for a sentence of two-and-one-half years in jail and three years probation. Judge Susan B. Handy told Smith: "I have the greatest respect for your religious beliefs, but they interfere with the law. You, sir, put your family at risk because you sell drugs."

President Announces Pick For Assistant AG For Civil Rights

The White House announced yesterday that President Bush intends to nominate Grace C. Becker to head the Civil Rights Division of the Department of Justice. Becker currently serves as Deputy Assistant Attorney General in the Division. Previously Becker had been Associate Deputy General Counsel at the Department of Defense and a prosecutor with the Department of Justice. Earlier she clerked for DC Circuit Judge James L. Buckley and DC District Judge Thomas Penfield Jackson. A biographical sketch of Becker on the website of The Institute for Corean-American Studies has additional information. Becker will replace Wan J. Kim who resigned in August. (See prior posting.) In recent years, the Civil Rights Division has shown an increased interest in religious liberty issue. (See prior posting.) [Thanks to How Appealing for the lead.]

Pennsylvania's Coverage of Gays In Hate Crime Law Struck Down

In 2004, members of the Christian group Repent America were arrested by Philadelphia police on charges including ethnic intimidation because of a confrontation during their preaching and picketing at OutFest, a gay pride festival. They subsequently filed suit challenging the constitutionality of Pennsylvania's ethnic intimidation law that was amended in 2002 to add sexual orientation and several other categories to its previous coverage of crimes committed because of race, religion or national origin. Yesterday in Marcavage v. Rendell, (PA Commnw. Ct., Nov. 15, 2007), the Pennsylvania Commonwealth Court, in a 6-1 decision, struck down the statute because of the legislative procedures used to enact it. The Commonwealth Court is one of Pennsylvania's intermediate appellate courts.

Art. I, Sec. 3 of Pennsylvania's constitution provides that "no bill shall be so altered or amended, on its passage through either House, as to change its original purpose." The court held that the ethnic intimidation amendments, that began as a bill to criminalize crop destruction, violates this constitutional provision because the final provisions bear no nexus to the conduct at which the original legislation was directed. Reporting on the decision, today's Philadelphia Enquirer says that Pennsylvania Governor Ed Rendell has called on the legislature to re-enact the invalidated provisions.

Head Start Reauthorized With Prohibition On Religious Discrimination In Bill

Blog from the Capital reports that H.R. 1429, the Head Start for School Readiness Act, was passed in final form by Congress and sent to the President on Wednesday, leaving in it the anti-discrimination provision that had been the subject of extensive debate in the House. (See prior posting.) Some House members had backed amendments to allow religious preferences in hiring by Head Start programs.

Deviant Islamic Sects Are Being Banned By Indonesian Government

Yesterday's International Herald Tribune reports on arrests in Indonesia of several unorthodox Islamic leaders and the banning of their organizations, even though the country's Constitution (Art. 29) guarantees freedom of religion. On Nov. 9, the Indonesian Supreme Court sentenced Abdul Rachman, a leader of Lia Eden, to three years in prison for blasphemy. Rachman claims to be the reincarnation of the Prophet Muhammad. In another case, the attorney general's office is pursuing blasphemy charges against Ahmad Moshaddeq, leader of al-Qiyada, even though he has declared his teachings were misguided and says he will return to mainstream Islam. A 1965 presidential decree permits banning of religious organizations that "distort or misrepresent" official faiths. A spokesman for Indonesia's top clerical body, the Ulema Council, says that the Council tries to educate deviant groups about "true Islam" before police become involved. The Ulema Council, using the beliefs of Sunni Islam, lists 250 Muslim sects in the country as "deviant". Human rights lawyers in the country are concerned about these developments.

Senate Resolution Recognizes Diwali Festival

On Wednesday, the U.S. Senate passed S. Res. 299, a resolution recognizing the significance to U.S. Hindus, Sikhs, and Jains of Diwali, a Festival of Light that has varying historical associations to each religious group. The resolution also calls on the President to issue a proclamation recognizing Diwali. An identical resolution, H. Res. 245, has been introduced in the House of Representatives. This year, Diwali was celebrated on Nov. 9.

Vetoed Bill Protected Voluntary Prayer In Schools

H.R. 3043, the Departments of Labor, Health and Human Services, and Education Appropriations Bill that was vetoed by President Bush on Tuesday, provides in Sec. 303 that "no funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools." Bush's veto message, of course, was not directed at this provision, but instead at his concern over "excessive spending".

NY High Court Dismisses Orthodox Jew's Privacy Claim As Time-Barred

Yesterday in Nussenzweig v. diCorcia, (NY Ct. App., Nov. 15, 2007), New York's highest court agreed with a majority in the Appellate Division (see prior posting) that the statute of limitations barred a Hasidic Jew from suing a professional photographer who took his photo without consent. Photographer Philip-Lorca DiCorcia took a series of photographs of people in Times Square, including Erno Nussenzweig, and used the photos in a gallery exhibition and accompanying catalogue. Nussenzweig's interpretation of the Biblical ban against making graven images was violated by the use of the photo. The court held that New York's "single publication rule" should be applied to right of privacy actions under the state's civil rights law (Sec. 50 and 51), so that the cause of action accrued on the date the offending material was first published. Haaretz reports on the decision.

7th Circuit Rejects School Counsellor's Religious Discrimination Claim

In Grossman v. South Shore Public School District, (7th Cir., Nov. 15, 2007), the U.S. 7th Circuit Court of Appeals affirmed the district court's rejection of a First Amendment and Title VII religious discrimination claim brought by a school guidance counsellor. The school denied plaintiff tenure because, without consulting her supervisors, she destroyed literature on condom use and replaced it with literature advocating abstinence. Plaintiff had also urged two students who came to her for advice to pray with her. The court concluded that plaintiff was not denied tenure because of her religious beliefs, but instead because of her actions. The court declared: "Teachers and other public school employees have no right to make the promotion of religion a part of their job description." The 7th Circuit's website also links to an audio recording of oral arguments in the case presented last September.

Preliminary Injunction Issued To Permit Gideons To Distribute Bibles Near Schools

In Gray v. Kohl, (SD FL, Nov. 14, 2007), a Florida federal district court adopted a magistrate's earlier Report and Recommendation (June 29, 2007) and issued a preliminary injunction against enforcing Florida's School Safety Zone Statute against a Gideon who had been distributing Bibles within 500 feet of a Key Largo school. (See prior posting.) The magistrate's report concluded that the law was unconstitutionally vague, in particular because of the uncertainty of what constitutes having "legitimate business" near a school. Alliance Defense Fund issued a release praising the decision.

Senator Says Defy China's One Bible Limit At Olympics

CNS News reports that Colorado Senator Ken Salazar, in a Cybercast News interview (audio), said that Americans travelling to the Beijing Olympics next year should defy China's requirement that travellers bring no more than one Bible into the country. Wang Hui, executive deputy director of the Beijing Organizing Committee for the Olympic Games, has described the policy as one permitting athletes and travellers to bring their own Bibles, but not multiple copies for public distribution.

Strip Club Owner Sues Church and County Sheriff

Today's Zanesville, Ohio Times Recorder reports on a lawsuit pending in federal district court in Columbus (OH). In Nellie, Ohio, members of the New Beginnings Ministries have been conducting weekly picketing of a strip club known as the Foxhole. Foxhole owner, Thomas George, has filed suit against the church and its members seeking damages and an injunction. George also claims that Coshocton County Sheriff Tim Rogers has violated his rights by refusing to remove protesters from his property and refusing to file trespassing charges against them. Thomas Condit, attorney for the church, says that church members are merely exercising their First Amendment rights to advise the public "not to patronize a business they think is unhealthy and immoral." Last week the church filed a counter-claim alleging that an explosion last July in a dumpster outside of the Foxhole was aimed at threatening or injuring protesters.

Post-Trial Motions Filed In Westboro Funeral Picketing Case

In a Baltimore, Maryland federal district court, anti-gay Westboro Baptist Church and its leaders are asking the court to overturn the jury's recent $10.9 million award against them and to stay enforcement of the judgment pending appeal of the case. The verdict came in a suit by the father of a Marine whose funeral was picketed by church members. Yesterday's Baltimore Sun reported that the request was made last week in a post-trial motion arguing that the verdict was "the product of passion, prejudice and bias, based specifically and exclusively upon disagreement with defendants' religion." Meanwhile, today's Baltimore Sun reports that in records considered by the jury in assessing damages, Westboro Baptist Church and its three leaders who were sued said that their net worth is just under $1 million. Plaintiff intends to challenge the accuracy of these figures. Financial information will be important as the trial judge considers motions to reduce the jury awards.

UPDATE: In an unusual move, defendants on Nov. 9 also filed a writ of mandamus with the U.S. Supreme Court seeking review of the constitutional questions involved in the case. (AP). It appears unlikely that the Supreme Court will intervene at this early stage. [Thanks to First Amendment Law Prof Blog for the lead.]

Court Hears Arguments Over Memorial Crosses On Public Land

Today's Salt Lake Tribune reports on Tuesday's arguments in federal district court in Salt Lake City (UT) in an Establishment Clause challenge to markers placed on public property to memorialize state Highway Patrol officers. Since 1998, the Utah Highway Patrol Association has put up a 12-foot high cross near each place where a Highway Patrol officer died in the line of duty. Nine of the 13 crosses are on public property. Each carries the name of the officer being memorialized and the Utah Highway Patrol's insignia. Attorneys for American Atheists, Inc. argued that the crosses are religious symbols that should not be placed on government property. In response, the state asserted the crosses are secular symbols that memorialize deceased troopers and urge travellers to drive safely. (See prior related posting).

En Banc Review Sought In Indiana Legislative Prayer Case

According to today's Indianapolis Star, the ACLU of Indiana has petitioned the U.S. 7th Circuit Court of Appeals for en banc review of the decision in Hinrichs v. Speaker of the House of Representatives of the Indiana General Assembly, (7th Cir., Oct. 30, 2007). In October, a 3-judge panel, in a 2-1 decision, dismissed for lack of standing a suit brought by four Indiana taxpayers challenging the opening of sessions of the Indiana House of Representatives with Sectarian prayers. (See prior related posting.)

Enforcement of Illinois Moment of Silence Law Enjoined

An Illinois federal district court yesterday issued a preliminary injunction blocking a suburban Chicago school district from enforcing Illinois' new mandatory moment of silence law. (See prior related posting.) U.S. District Court Judge Robert Gettleman said the new law is vague and questioned how it is to be enforced. The Chicago Sun Times and AP report that the order came in a suit filed by radio talk-show host Rob Sherman, whose attorney has now asked the court to extend the injunction to all school district in the state.

UPDATE: Thursday's Arlington Heights (IL) Daily Herald reports that Judge Gettleman refused to extend his preliminary injunction to the state's other 214 school dstricts because they are not defendants in the case. However he did order the state school superintendent not to enforce the new law. This means that no sanctions will be imposed against other school districts that refuse to require a moment of silence.

UPDATE: The full opinion granting the preliminary injunction is now available on LEXIS: Sherman v. Township High School Dist. 214, 2007 U.S. Dist. LEXIS 84440 (ND IL, Nov. 15, 007).

Bishops Issue Guidance For Catholic Voters For 2008

Catholic News Service reports that the United State Conference of Catholic Bishops yesterday, by a vote of 221-4, approved a document intended to give guidance to Catholic voters in 2008. In addition to approving the document titled Forming Consciences for Faithful Citizenship: A Call to Political Responsibility From the Catholic Bishops of the United States, the bishops also approved a shorter parish bulletin insert on the topic by a vote of 221-1. Reporting on the Bishops' actions, today's New York Times quotes Bishop Nicholas DiMarzio who describes the document as offering: "a basic moral framework on what it means to be a Catholic and American, a believer and a voter in this coming election year." The document calls abortion an intrinsic evil that must always be opposed and rejected, but goes on to say: "There may be times when a Catholic who rejects a candidate’s unacceptable position may decide to vote for that candidate for other morally grave reasons."