German Court Rejects Challenge To Ban on Civil Servants Wearing Religious Dress

Both DPA and the AP are reporting on a decision handed down yesterday by a regional court in the German state of Hesse. There are some inconsistencies between the two reports. In 2004, Hesse enacted legislation banning all civil servants from wearing articles of clothing that "could endanger confidence in the neutrality of their carrying out their official duties." Yesterday the court upheld what was apparently a facial challenge to the law, saying that since civil servants represent the state, the state may control what they wear. Attorney Ute Sacksofsky argued that the ban infringes constitutionally protected religious freedom and gender equality. After the court handed down its decision, Sacksofsky said that it did not deal with the question of whether Islamic head coverings came within the statute's prohibitions.

Chile Fines Pharmacies For Refusing To Stock "Morning-After" Pill

In Chile, a government order requires all pharmacies to stock Levonorgestrel, known as the "morning after pill". Yesterday's Christian Post reports that the government has imposed over $300,000 in fines on more than 100 pharmacies that have not complied. One major pharmacy chain that was fined said that selling the pill would violate the religious beliefs of the chain's conservative Catholic owners. A number of individual pharmacies also object to stocking the pill on ethical, moral or religious grounds.

Story Features Maryland City Councilman Who Is Pressing For Sectarian Prayer

Sunday's Washington Post Magazine carries a lengthy profile of Fredricksburg (VA [corrected]) City Councilman Hashmel Turner. A Baptist minister, Turner is suing the city of Fredricksburg claiming that its ban on his invoking the name of a specific deity when delivering a City Council invocation infringes his religious liberty and free speech rights. After losing in federal district court, his case is on appeal to the 4th Circuit. Turner argues that the ban amounts to viewpoint discrimination. The Post story recounts:

A few months after Turner took office, the prayer rotation came to him for the first time.... He mentioned the looming war in Iraq and the "turbulent times," and asked for prayers for state, national and world leaders. "We realize that it is all in your care," Turner said before ending his prayer: "In Jesus's holy name. Amen."

Shortly after, a woman in Turner's district contacted him to say his explicit reference to Jesus Christ had offended her. He was shocked, having never been exposed to the viewpoint "that just mentioning the name of Jesus Christ would offend someone," he says, then stops and chuckles softly. "I'm just a country boy."

[Thanks to Blog from the Capital for the lead.]

Suit Claims Housing Authority Responded Inadequately To Harassment of Muslim Family

Today's San Francisco Chronicle reports that a lawsuit was filed Friday against the San Francisco Housing Authority, alleging that it did not respond adequately to a 2005 complaint by a Pakistani family that their apartment was broken into, their Quran was desecrated and their traditional clothing was shredded. In January 2004, after a number of Muslim families were verbally and physically abused, the Housing Authority had reached a settlement under which it agreed to create an Office of Fair Housing and to respond promptly to complaints of religious and racial harassment. Friday's lawsuit says that the Housing Authority failed to follow its own policy that required immediate relocation of tenant Ashan Khan's family. The Housing Authority argues that the incident was a simple burglary that did not qualify the Khans for an emergency apartment transfer.

Organization Pursuing "Mapping Shari'a" Project In U.S.

Today's Front Page Magazine carries an interview with Dave Gaubatz, a former special agent with the U.S. Air Force Office of Special Investigations. Gaubatz is the director of the Mapping Shari'a Project sponsored by a number of private organizations and foundations. Gaubatz describes his project and its preliminary results as follows:

The Mapping Shari’a project ... is both a law enforcement tool and a policy initiative. The project’s objective is to identify all 2300 plus Islamic Centers in the U.S. and determine through first-hand field research which centers advocate strict adherence to Shari’a Law (laws based on the interpretations of Allah and no other) and which centers advocate violent Jihad and the destruction of the West. The data is then be analyzed and put into a matrix. The project is a rigorously objective empirical investigation to test the thesis: That the driving doctrinal force behind Jihad is Shari’a. Indeed, if the thesis is validated, we expect to see a rigid one-to-one correlation between Shari’a adherence and the promotion of Jihad.

... [W]e can report that after the first 100 mosques and day schools, the correlation between Shari’a adherence and the promotion of violence and Jihad against the West is exactly what one would expect.

Today Is Human Rights Day-- 59th Anniversary of UDHR [Corrected]

Today is Human Rights Day. It marks the 59th anniversary of the United Nation's adoption of the Universal Declaration of Human Rights (General Assembly Resolution 217 A (III) of 10 December 1948 ) (Background). A United Nations release says that today inaugurates a year-long advocacy campaign to raise awareness of the Declaration and its relevance to people around the world. Article 18 of the Declaration provides: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance." The United Nations has created a separate website devoted to this year's celebration of Human Rights Day.

Ohio Governor Says Nativity Scenes At State Parks Will Stay

Huntington (WV) News reports today that Ohio Governor Ted Strickland on Friday issued an order directing state parks to continue to display their traditional nativity scenes. After receiving a complaint about a nativity display at Shawnee State Lodge, the Ohio state parks business manager had ordered all state parks to remove their nativity displays. The governor's reversal of that directive means that the Shawnee Lodge display, put up by the Garden Club, can remain.

UPDATE: The AP reported on Dec. 14 that the Freedom from Religion Foundation has written Ohio's Inspector General protesting Gov. Strickland's action. The article also gives more background on the original decision to remove nativity scenes. Apparently a Shawnee State Lodge visitor requested that displays representing the Hindu and Zoroastrian religions also be put up. A Strickland spokesman said that the governor is limiting his order to items that are traditionally displayed for the December holidays, and that does not include Zoroastrian symbols.

New Scholarly Articles, Books and Movie

From SSRN:

• Peter G. Danchin, Of Prophets and Proselytes: Freedom of Religion and the Conflict of Rights in International Law, (Harvard International Law Journal, Vol. 49, 2008).
  
• Peter G. Danchin, Suspect Symbols: Value Pluralism as a Theory of Religious Freedom in International Law, (Yale Journal of International Law, Vol. 33, 2008).
  
• Peter G. Danchin, The Emergence and Structure of Religious Freedom in International Law Reconsidered, (Journal of Law and Religion, Vol. 23, No. 1, pp. 101-180, 2007/2008).
  
• Michael J. Perry, Religion as a Basis of Lawmaking? Herein of the Nonestablishment of Religion, (Emory Public Law Research Paper No. 07-27, Dec. 4, 2007).
  
• Linda C. McClain, The Role of the Natural Family in Religious Opposition to Human Rights, (Boston Univ. School of Law Working Paper No. 07-31, 2007).
  
• Jonathan Zasloff, Left and Right in the Middle East: Notes on the Social Construction of Race, 47 Virginia Journal of International Law 201-258 (2006).

From SmartCILP:

• Rabbi Yitzchok Alderstein, Lawyers, Faith, and Peacemaking: Jewish Perspectives on Peace, 7 Pepperdine Dispute Resolution Law Journal 177-187 (2007).
  
• Marci A. Hamilton, The Waterloo for the So-Called Church Autonomy Theory: Widespread Clergy Abuse and Institutional Cover-Up, 29 Cardozo Law Review 225-245 (2007).
  
• Heena Musabji & Christina Abraham, The Threat to Civil Liberties and Its Effect on Muslims in America, 1 DePaul Journal for Social Justice 83-112 (2007).
  
• Aalok Sikand, ADR Dharma: Seeking a Hindu Perspective on Dispute Resolution from the Holy Scriptures of the Mahabharata and the Bhagavad Gita, 7 Pepperdine Dispute Resolution Law Journal 323-372 (2007).

New Books:

• Sultan Ghalib al-Qu’aiti, The Holy Cities, The Pilgrimage and The World of Islam-- A History From the Earliest Traditions Till 1925 (1344H), (Fons Vitae, 2007), reviewed in The American Muslim.
  
• Robert F. Cochran, Jr. (ed.), Faith and Law: How Religious Traditions from Calvinism to Islam View American Law, (NYU Press, Dec. 1, 2007), noted at Mirror of Justice.

New Documentary Movie:

• Article VI-- Faith, Politics, America (Living Biography Media, Jan. 15, 2008), reviewed in Human Events.

Some Evangelical Christians Oppose Romney Over Religious Beliefs

Laurie Goodstein writes in today's New York Times, candidly spelling out the religious objections that some evangelical Christians are raising to Republican presidential candidate Mitt Romney. She says:

If it were almost any other church, a missionary past would most likely be an asset for a presidential candidate.... But to many American Christians, those friendly Mormon missionaries embody exactly what they fear and resent about Mormonism....

"His candidacy alone has been a long infomercial for the Mormon cult," said Bill Keller, an evangelist in Florida who runs an Internet prayer network. "As president he’s going to carry the influence of that office, not just here but worldwide, and there’s no denying it’s going to lead people to check out that religion, which according to biblical Christianity, will lead them ultimately to hell."...

Many voters trying to choose between Mr. Romney and Mike Huckabee may not perceive the contest as governor versus governor. They will see it as grown-up Mormon missionary versus Southern Baptist preacher, and they will not vote for what scares them.

Congressional Human Rights Caucus Holds Hearings On Vietnam

On Thursday, the Congressional Human Rights Caucus held a hearing on religious freedom in Vietnam. Voice of America reported that U.S. Ambassador-at-Large for International Religious Freedom, John Hanford, defended the administration's 2006 decision to remove Vietnam from the list of "Countries of Particular Concern"-- the list of the most egregious violators of religious freedom. Leo Leonard, a member of the U.S. Commission on International Religious Freedom, also testified (full text), calling attention to continuing problems in Vietnam. Other witnesses included Amnesty International representative T. Kumar, Nguyen Dinh Thang of Boat People SOS, and Chris Seiple of the Institute for Global Engagement (summary of remarks).

San Joaquin Diocese Completes Formal Split From Episcopal Church

On Saturday, the Diocese of San Joaquin became the first entire diocese to break away from The Episcopal Church (TEC), though three to eight parishes are likely to remain affiliated with TEC. Today's New York Times reports that the formal vote confirmed a similar vote last year (see prior posting), and it lays the groundwork for extensive litigation between the Diocese and its former parent body. A number of lawsuits over ownership of church property are already pending between TEC and individual churches that have broken away. The San Joaquin Diocese, which has 47 parishes and 8,800 members, also voted to join either a foreign Anglican province or regional church. Ultimately a new province may be formed in North America to link the more conservative churches that are breaking away from the TEC. Dissatisfaction with more liberal doctrines of TEC were crystallized with the ordination in 2003 of a gay man as bishop of New Hampshire. (See prior related posting.)

USCIRF Protests Malaysian Action Against Hinuds

Last week, the U.S. Commission on International Religious Freedom issued a release expressing concern over recent actions taken by the government of Malaysia against its Hindu minority. It said that authorities have increasingly demolished Hindu temples and shrines to build expressways or or other projects around Kuala Lumpur. Politicians have also ordered Hindu statues visible from a busy highway destroyed. Malaysian authorities have also used violent tactics against Hindu demonstrators who were seeking to call attention to economic, social and religious discrimination against the Indian minority in the country. USCIRF Chair Michael Cromartie called for "the U.S. government to raise the destruction of Hindu temples with Malaysian authorities and insist that immediate measures be taken to protect sacred sites and prevent further destruction." AFP on Friday reported on the USCIRF statement.

Florida Becomes Latest Venue For Debate On Teaching Evolution

Florida has become the latest center of attention in the seemingly never-ending debate over teaching of evolution in public schools. Yesterday's Miami Herald reported that revisions in the state science standards proposed by the Florida Department of Education would for the first time use the term "evolution", replacing the euphemism "biological changes over time". Parent Kim Kendall, while denying a religious motive, is organizing opposition and seeking to have teachers present "both the faults and the supports of evolution". The full text of the proposed standards are available from the Science Standards Review website.

Indian Panel Complicates Award of Benefits To Dalit Converts

In India last May, the National Commission for Religious and Linguistic Minorities recommended that the special benefits given to Hindu, Sikh and Buddhist dalits ("untouchables") be extended to those who convert to Christianity or Islam. Yesterday's Times of India says that in a follow-up, the NCRLM says that there is insufficient evidence that these converts suffer from the stigma of untouchability. Therefore a separate quota for "converts", based on population, should be created since "untouchability is the criteria for inclusion of a caste in the SC list and it is not satisfactorily fulfilled in this case". This means that any set-asides for Christian and Muslim converts could impact quotas now allocated to Other Backward Classes. (See prior related posting.)

Mormon Student's Suit Against West Virginia Scholarship Board Settled

According to the Charleston (WV) Gazette-Mail, on Friday the West Virginia Higher Education Policy Commission and the state's Promise Scholarship Board agreed to settle a lawsuit that had been filed by West Virginia University student David Haws. The suit challenged Promise scholarship rules that has prevented Haws from keeping his scholarship after he took a two-year leave of absence to serve a Mormon church mission. Haws scholarship was reinstated in October, and earlier this month the Board voted to change its leave policy. (See prior posting.) The last step leading to the parties signing a joint stipulation settling the case was the state's reimbursement of legal fees to the ACLU which had filed suit on behalf of Haws. Despite this, in January Haws will transfer to Southern Virginia University, a private school that has awarded him a full scholarship.

Naturalization Oath Modified To Accommodaate Raelian

The standard Oath of Allegiance for Naturalized Citizens prescribed by the U.S. Citizenship and Immigration Services concludes with the phrase "so help me God". Las Vegas Now reports that at a naturalization ceremony on in Nevada on Friday former Swiss citizen Thomas Kaenzig convinced federal officials to permit him to take the oath without that final phrase. Kaenzig is a Raelian. Raelians believe that humans were created by a race of extraterrestrials. As a pacifist, Kaenzig was also permitted to exclude from his oath the promise to bear arms on behalf of the United States.

UPDATE: 8 CFR Sec. 337.1(b) specifically permits deletion of "so help me God" from the oath for reasons of conscience. [Thanks to posted Comment from Scott M.]

Two Reports On Faith-Based Activities Released

Last Wednesday, the Roundtable on Religion and Social Welfare Policy held its 2007 Conference, "Acts of Faith: Congregations and Social Services". In connection with the conference, it released two reports. One titled American Congregations and Social Service Programs presents the result of a survey by Prof. John Green on the extent to which religious congregations offer social service programs, and the extent to which they rely on grants to fund the programs. The report found: "less than one-tenth of all congregations reported seeking government grants for social services in the past four years. But nearly one-half said they were likely to increase government grant activity in the future. Overall, the congregations reported higher levels of private agency grant activity, with more than one-sixth having sought a private grant in the last four years. Nearly two-thirds of all congregations said they would likely increase private grant activity in the future." Friday's Chicago Tribune summarizes other portions of the survey.

The second report was The State of the Law 2007: Legal Developments Affecting Government Partnerships with Faith-Based Organizations , written by law professors Ira Lupu and Robert Tuttle. The report covers areas such as standing, legislative earmarks, child custody, various kinds of government grants to faith-based groups, government chaplains, prison activities, and discretionary exclusion of faith-based groups from government programs. [Thanks to Melissa Rogers for the lead.]

Recent Prisoner Free Exercise Cases

In Bock v. Gold (Case No. 1:05-CV-151, D VT, Nov. 28, 2007) [available on PACER], a Vermont federal magistrate judge recommended that a portion of a Jewish prisoner’s free exercise claims be permitted to proceed. The prisoner alleged that he was refused certain accommodations that would permit him to celebrate Passover, Hanukkah and Purim. He also alleged that prisoners of other faiths obtained more extensive accommodation of their practices. The magistrate judge rejected plaintiff’s claim that damages are available under RLUIPA. However he concluded that a claim for punitive damages for violations of plaintiff’s free exercise rights could move ahead. The Dec. 1 Burlington Free Press reported on the decision.

In Farnworth v. Craven, 2007 U.S. Dist. LEXIS 88223 (D ID, Nov. 30, 2007), an Idaho federal magistrate judge refused to permit a prisoner, now on parole, to pursue a damage claim against the executive director of the Idaho Commission of Pardons and Parole. Plaintiff complained that he was required to attend a substance abuse program containing a religious component in order to gain eligibility for parole. The court concluded that defendant had absolute immunity from damage claims stemming from this exercise of discretion in imposing parole conditions.

In Georges v. Ricci, 2007 U.S. Dist. LEXIS 89030 (D. NJ, Dec. 4, 2007), among numerous claims about his condition of confinement, plaintiff, without specifying his religious beliefs, alleged generally that he had been deprived of unspecified religious items and services. The court dismissed the claim, with leave to amend and refile it spelling out his claim more clearly.

In Kaufman v. Schneiter, 2007 U.S. Dist. LEXIS 88880 (WD WI, Nov. 27, 2007), a Wisconsin federal district court dismissed for lack of standing an atheist prisoner’s Free Exercise claim challenging the policy that prevented inmates in the high security “step program” from receiving religious or other publications. The court also rejected an Establishment clause claim that the prison maintained a stock of Christian reading materials, but not reading materials on atheism. The court found that the prison official named in these charges had not been shown to have been involved in decisions not to stock atheist literature.

In Campbell v. Schriro, 2007 U.S. Dist. LEXIS 89300 (D AZ, Nov. 21, 2007), and Arizona federal district court allowed a prisoner, a follower of the Avsarian religion, to proceed with a claim that a prison chaplain discriminated against him in not approving a vegetarian diet while approving such diets for Christian inmates who requested them. The court rejected plaintiff’s claims that the Arizona Department of Corrections negligently hired, supervised and trained its chaplains, and permitted Christian chaplains to assess the legitimacy of non-Christian religions. Plaintiff failed to allege facts supporting these claims.

In Roberson v. Woodford, 2007 U.S. Dist. LEXIS 89253 (NC CA, Nov. 15, 2007), a California federal district court permitted a prisoner to proceed with a claim that he should receive time credit restoration and damages because he was unconstitutionally disciplined for wearing a beard as required by his religion. He claimed that prison grooming standards violated his rights under the free exercise clause and RLUIPA.

New York Principal Demoted For Using School Funds For Santeria Ceremony

The New York Post reported last week that New York City school principal Maritza Tamayo has agreed to a demotion, a pay cut, and to resign next year after an investigation by the city's Conflicts of Interest Board. Tamayo convinced an assistant principal to fund $900 so she could cleanse the Unity Center for Urban Technologies building of negative energies through a Santeria ceremony. The ceremony, involving the use of chicken blood, was conducted at a time that no students were in the school. [Thanks to Chas S. Clifton for the lead.]

Florida High Court Refuses Review Of School Chaplain's Confidentiality Breach

Yesterday in Woodard v. Jupiter Christian School, (FL Sup. Ct., Dec. 6, 2007), the Florida Supreme Court, by a vote of 5-2, refused to review a case brought by a former student at a private Christian school. Jeffrey Woodard was expelled from Jupiter Christian School after the school's chaplain in whom he confided went back on his promises of confidentiality and disclosed to school administrators that Woodard was gay. In 2005, a Florida Court of Appeals (Woodard v. Jupiter Christian Sch., Inc.) certified to the Supreme Court the question of whether Florida's "impact rule" precludes "a claim for negligent infliction of emotional distress arising out of the breach of confidential information provided to a clergyman." The impact rule prevents suits solely for negligent infliction of emotional distress unless the injury resulted from a physical impact. Today's Palm Beach Post reports on the Supreme Court's decision.

Creationist Sues After Firing For Refusing To Work On Part of NIH Grant Project

An interesting religious discrimination lawsuit was filed earlier this week in federal district court in Boston. Biology researcher Nathaniel Abraham was fired from his post-doc position at the prestigious non-profit Woods Hole Oceanographic Institution in 2004 after he requested not to work on "evolutionary aspects" of the NIH grant for which he was hired. Today's Boston Globe reports on the lawsuit by Abraham who claims he was subjected to a hostile work environment after he disclosed to his supervisor, senior scientist Mark E. Hahn, that he does not believe in evolution as a scientific fact. Abraham, who is now employed by Liberty University, was dismissed by Hahn because evolutionary theory was central to the research and to publications that Abraham was to co-author with Hahn. The Massachusetts Commission Against Discrimination dismissed Abraham's complaint earlier this year.

New Institute Trains Christian Students To Engage Secular Society

A story reprinted yesterday from the Colorado Springs (CO) Gazette profiles the Colorado Springs-based John Jay Institute for Faith, Society and Law. The Institute offers a year-long program to train college graduates on how to promote conservative Christian values as leaders in secular public life. Students spend a semester in demanding academic courses, and a second semester as interns at conservative political think-tanks in Washington, D.C. and elsewhere. The article reports: "The institute is the latest evidence of an intellectual movement that is taking the conservative Christian message beyond buzzwords such as anti-homosexuality and anti-abortion to attract better-educated and younger people who are interested in wider social issues such as the environment, science and law."

8th Circuit Enjoins MO's Funeral Picketing Law; KS Law Argued in State Supreme Court

Leaders of the Topeka, Kansas Westboro Baptist Church yesterday won their appeal to the U.S. 8th Circuit Court of Appeals and obtained a preliminary injunction prohibiting Missouri officials, at least for now, from enforcing the state's anti-funeral picketing law against them. The court summarized plaintiff's claim as follows:

Phelps alleges members of her church believe God is punishing America for what WBC considers the sin of homosexuality by killing Americans, including soldiers. As part of her religious duties, she believes she must protest and picket at certain funerals, including the funerals of United States soldiers, to publish the church's religious message: that God's promise of love and heaven for those who obey him in this life is counterbalanced by God's wrath and hell for those who do not. Phelps believes funerals are the only place where her religious message can be delivered in a timely and relevant manner.

In Phelps-Roper v. Nixon, (8th Cir., Dec. 6, 2007), the court held that plaintiff had demonstrated a fair chance of prevailing on the merits of her claim, and so was entitled to a preliminary injunction while the constitutionality of the statute is being thoroughly reviewed. Treating the statute as content-neutral and thus subject to intermediate scrutiny, the court questioned how important an interest the state has in protecting individuals from unwanted speech directed at them outside of their home. It said that plaintiff has a fair chance of proving that the Missouri statute is not narrowly tailored or is facially overbroad, and that it does not leave open ample alternative channels of communication. The court relied particularly on its 1999 decision in Olmer v. Lincoln enjoining enforcement of a law banning picketing of churches immediately before, during and after a scheduled religious activity. The AP yesterday reported on the decision. [Thanks to How Appealing for the lead.]

Meanwhile, AP reports that yesterday morning the Kansas Supreme Court heard arguments in another funeral-picketing-law case. Kansas placed a provision in its anti-funeral picketing statute, preventing it from going into effect until it was declared constitutional by the state Supreme Court or a federal court. The provision was included in order to prevent Westboro Baptist Church from becoming a plaintiff in a case challenging the law, and potentially collecting attorneys' fees if successful. (AP) However now the Kansas Supreme court is questioning whether the judicial trigger is constitutional. The Kansas attorney general's office is arguing that the judicial trigger provision can be struck down and the remainder of the law enforced. (See prior related posting.)

Hate Crimes Provisions Stripped From Defense Bill, Dooming Passage This Year

The Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act will not pass Congress this year. The bill which was strongly opposed by many Christian conservatives extends hate crimes protection to gays and lesbians (as well as to women and the disabled). (See prior posting.) Today the New York Times and the Washington Post report on the complicated maneuverings that doomed the bill. The hate crimes measure had passed the House, and then passed the Senate as an addition to the 2008 defense authorization bill. A number of Democrats in the House, however, were refusing to vote for the defense bill because it includes no timeline for troop withdrawal from Iraq, and many House Republicans were opposed to attaching the hate crimes measure to the defense bill, since the President has threatened to veto the hate crimes amendments. (See prior posting.) Faced with the prospect of insufficient votes in the House, Democrats agreed in Conference yesterday to strip the hate crimes language from the defense bill. California Rep. Lynn Woolsey commented: "That is what happens when you put good things in bad bills."

President Speaks At National Christmas Tree Lighting

President Bush yesterday spoke (full text of remarks) at the lighting of the National Christmas Tree. He said, in part:

Each year at this time, we rejoice in the proclamation of good news, that in Bethlehem of Judea, a Savior was born. And we rejoice in the Christmas promise of peace to men of goodwill. We also reflect on the mystery of Christmas: the story of the Almighty, who entered history in the most vulnerable form possible -- hidden in the weakness of a newborn child. And we reflect on the call of our Creator -- who by taking this form, reminds us of our duty to protect and care for the weak and the vulnerable among us.

During this Christmas season, millions of Americans will answer this call by reaching out a compassionate hand to help brothers and sisters in need. We are thankful for these good souls who show the good heart of our nation. We're also thankful for the thousands of Americans who answer the call by serving our nation in uniform....

DC Church Unwillingly Gets Historical Status

Yesterday the Washington, DC Historic Preservation Review Board (HPRB) conferred historic landmark status on DC's Third Church of Christ, Scientist, over the objections of the congregation. The Washington Post and the Examiner both report the story. At the request of a group that included an architectural historian, the board voted 7-0 to designate the building, designed by architect Araldo Cossutta, as a historical landmark. It is an important example of the modern architectural form known as "brutalism"-- a fortress-like concrete "boxy structure" with few windows. (Photo of building.) The designation prevents the Church from carrying out plans to tear down the building and replace it with a smaller structure. Now no changes can be made without approval of the HPRB. The Becket Fund for Religious Liberty sent a letter to the HPRB arguing that landmarking the building would violate the Religious Freedom Restoration Act.

UPDATE: The full text of the Becket Fund's letter, which focuses on the Religious Land Use and Institutionalized Persons Act as well as RFRA, is now available online.

Florida Paper Criticizes Inspection Exemptions For Faith-Based Day Cares

As part of its series of article on inspection of day care centers, last Sunday's Gainseville (FL) Sun carried an article critical of provisions that permit faith-based child day-care centers to be inspected by private organizations rather than the state of Florida. (FL Stats., Title XXIX, Sec. 402.316). Reporting that Florida is among a dozen states that have special exemptions for religiously-sponsored day cares, the paper contends that some centers have switched to faith-based status after unhappiness with state inspections. Some Florida lawmakers have called for stricter regulation of faith-based centers after a 2001 incident in which a 2-year old was found dead in a van operated by a faith-based day care. However proposals for change have not been enacted.

Romney Delivers Major Speech On Role Of His Faith In Any Future Presidency

Fox News reports that Republican presidential candidate Mitt Romney made an important speech this morning attempting to answer questions that have been raised about his Mormon religious beliefs and their impact on decisions he would make as President. The speech was delivered at the George H.W. Bush Presidential Library in College Station, Texas, and Romney was introduced by the former president. The Wall Street Journal reprints the full text of Romney's speech. Here are some excerpts:

There are some who may feel that religion is not a matter to be seriously considered in the context of the weighty threats that face us. If so, they are at odds with the nation's founders.... Freedom requires religion just as religion requires freedom....

Let me assure you that no authorities of my church, or of any other church for that matter, will ever exert influence on presidential decisions. Their authority is theirs, within the province of church affairs, and it ends where the affairs of the nation begin....

There are some for whom these commitments are not enough. They would prefer it if I would simply distance myself from my religion, say that it is more a tradition than my personal conviction, or disavow one or another of its precepts. That I will not do. I believe in my Mormon faith and I endeavor to live by it. My faith is the faith of my fathers – I will be true to them and to my beliefs....

There is one fundamental question about which I often am asked. What do I believe about Jesus Christ? I believe that Jesus Christ is the Son of God and the Savior of mankind. My church's beliefs about Christ may not all be the same as those of other faiths. Each religion has its own unique doctrines and history. These are not bases for criticism but rather a test of our tolerance....

There are some who would have a presidential candidate describe and explain his church's distinctive doctrines. To do so would enable the very religious test the founders prohibited in the Constitution. No candidate should become the spokesman for his faith. For if he becomes President he will need the prayers of the people of all faiths.

I believe that every faith I have encountered draws its adherents closer to God. And in every faith I have come to know, there are features I wish were in my own: I love the profound ceremony of the Catholic Mass, the approachability of God in the prayers of the Evangelicals, the tenderness of spirit among the Pentecostals, the confident independence of the Lutherans, the ancient traditions of the Jews, unchanged through the ages, and the commitment to frequent prayer of the Muslims....

It is important to recognize that while differences in theology exist between the churches in America, we share a common creed of moral convictions. And where the affairs of our nation are concerned, it's usually a sound rule to focus on the latter – on the great moral principles that urge us all on a common course....

We separate church and state affairs in this country, and for good reason. No religion should dictate to the state nor should the state interfere with the free practice of religion. But in recent years, the notion of the separation of church and state has been taken by some well beyond its original meaning. They seek to remove from the public domain any acknowledgment of God. Religion is seen as merely a private affair with no place in public life. It is as if they are intent on establishing a new religion in America – the religion of secularism. They are wrong.

The founders proscribed the establishment of a state religion, but they did not countenance the elimination of religion from the public square. We are a nation "Under God" and in God, we do indeed trust....

Perhaps the most important question to ask a person of faith who seeks a political office, is this: does he share these American values: the equality of human kind, the obligation to serve one another, and a steadfast commitment to liberty?...

I'm not sure that we fully appreciate the profound implications of our tradition of religious liberty.... The establishment of state religions in Europe did no favor to Europe's churches. And though you will find many people of strong faith there, the churches themselves seem to be withering away.

Infinitely worse is the other extreme, the creed of conversion by conquest: violent Jihad, murder as martyrdom... killing Christians, Jews, and Muslims with equal indifference. These radical Islamists do their preaching not by reason or example, but in the coercion of minds and the shedding of blood. We face no greater danger today than theocratic tyranny, and the boundless suffering these states and groups could inflict if given the chance.

Here is a video of Romney's full speech. [Thanks to Melissa Rogers for finding this link.] Meanwhile this morning's New York Times ran a front page article on one of Romney's challengers, Mike Huckabee, focusing in large part on Huckabee's experience as an evangelical pastor.

New Mexico Town's School Board Rescinds Science Policy; Evolution Proponents Win

The Rio Rancho, New Mexico, Public Schools Board of Education on Monday night rescinded a policy it had adopted two years ago that had been read to permit Creationism and Intelligent Design to be taught in science classes along with evolution. Today's Rio Rancho Observer reports that, by a 3-2 vote, the Board rescinded Science Policy 401. The change came after new board member Divyesh Patel was elected to replace former board member Kathy Jackson. Patel said that there is "overwhelming scientific evidence for evolution" and that alternate beliefs should be taught in other classes, not in science courses. Board member Don Schlichte who opposed the repeal said he did not believe evolution is a fact, and that 50% of the world's population does not believe in evolution.

Muslim Student Sues Over Forced Removal of Headscarf At Jail Booking

The ACLU of Southern California has filed suit on behalf of a Muslim Ph.D. student at Claremont Graduate University who was arrested-- but never charged-- when she was discovered to be riding a Los Angeles commuter train without a valid ticket. The AP reports that graduate student Jameelah Medina was forced by the San Bernadino County Sheriff's Department to remove her headscarf for booking at jail. She also says that while being driven to jail, she was intimidated by Los Angeles County sheriff's deputy Craig Roberts who called Islam an "evil" religion. Medina's lawyer, Hector Villagra, argues that if the federal prison system can allow female Muslim inmates to wear the headscarf while in custody, there is no reason that the San Bernadino sheriff's office cannot have the same policy.

Maryland Court Rejects Zoning Objections To Retreat Center for Jesuit College

The Maryland Daily Record summarizes an unreported opinion of the Maryland Court of Special Appeals issued yesterday holding that Loyola College in Maryland is entitled to a special zoning exception to build a religious retreat center in Baltimore County. A neighborhood group objected that the Center would damage the rural character of the area. The opinion in the case, Loyola College v. People's Counsel, (Docket No. 0558/06, Dec. 5, 2007), distinguished earlier precedent that would have required Loyola, a Jesuit school, to show its proposed development would have no greater impact than if located anywhere else in the R.C. 2 zone of Baltimore County.

Secular Group Puts Its Own Display In Wisconsin Capitol

In Madison, Wisconsin, the Freedom From Religion Foundation has apparently decided to purse the strategy of "if you can't beat them, join them". It has put up its own display sign in the state Capitol near the holiday tree and Menorah that are already there. FFRF's sign reads: "At this season of the Winter Solstice, may reason prevail. There are no gods, no devils, no angels, no heaven or hell. There is only our natural world." The Badger reported yesterday that FFRF co-president Dan Barker offered to take down the sign if the other displays are also removed. Rep. Marlin Schneider who is seeking to rename the Capitol holiday tree and call it a Christmas tree (see prior posting) is not opposed to FFRF's sign. He said that FFRF has a constitutional right to display it.

Branson, MO Council Resolution Would Support "Ozark Mountain Christmas"

Despite concerns from the City Attorney about Establishment Clause problems, the Board of Aldermen of Branson, Missouri on Tuesday met and discussed a resolution declaring the city's support for the "Ozark Mountain Christmas". The Springfield (MO) News-Leader and Branson Daily News report on the push for tourism that is at the heart of the resolution. The resolution also urges local businesses to keep the word and spirit of "Christmas" in Christmas and to foster the history and heritage of the traditional American Christmas in Branson. Finally it encourages businesses and residents to display Christmas decorations in order to help visitors experience an old-fashioned Christmas. Alderman Stephen Marshall who proposed the resolution said that some businesses were not displaying Christmas lights. He said the resolution is not a religious statement, but is an attempt to promote an event for which Branson is known. City Attorney Paul Link will review the language of the resolution further before it is presented for final passage next Monday.

UPDATE: On Monday, Branson's Board of Aldermen unanimously approved an amended version of the resolution. The Springfield (MO) News-Leader reports that, as passed, the resolution expresses the board's "support of the celebration of Ozark Mountain Christmas," but omits sections that urged local businesses and residents to display Christmas decorations and "keep the word and spirit of 'Christmas' in Christmas."

1st Circuit Hears Arguments In Challenge To Gay-Friendly Storybook In School

The U.S. First Circuit Court of Appeals yesterday heard arguments in a case in which parents allege that their free exercise of religion rights were infringed when a Lexington, Massachusetts school teacher read the book King and King to a first-grade class without giving prior notice to parents so they could exclude their children from hearing it. The book, designed to promote understanding of gay couples, tells the story of two princes who marry. During argument in Parker v. Lexington, according to a report in Bay Windows yesterday, the attorney for parents David and Tonia Parker and Rob and Robin Wirthlin said his clients have strong religious convictions that only heterosexual couples should be allowed to marry. Seeking a reversal of the district court's decision, attorney Robert Sinsheimer argued that the parents' free exercise rights include the right to teach their faith to their children.

Minister Resists Sen. Grassley's Call For Information

One of the six televangelists asked by Sen. Charles Grassley to explain alleged financial excesses is resisting the request. (See prior posting.) The six ministers all preach a form of "prosperity gospel"-- a belief that God wants his followers to prosper materially. The AP reported yesterday that Atlanta minister Creflo Dollar of World Changers Church International wants Grassley to either refer the matter to the IRS or at least obtain a formal subpoena. Dollar's attorney Marcus Owens wrote Grassley arguing that an IRS referral would protect Dollar's privacy and create less Establishment Clause issues. Owens wrote that if an IRS referral is not made, at least Grassley should obtain a formal subpoena to create "an appropriate legal context" for the investigation. So far, only one of the six ministries-- Joyce Meyer Ministries of Fenton, Mo.-- has furnished the information Grassley seeks. Meanwhile today's Christian Science Monitor carries an article on concerns expressed by the National Religous Broadcasters and the Baptist Joint Committee over Grassley's requests. Tomorrow is the deadline imposed by Grassley for responses.

Georgia City Hall Becomes Site for Competing Religious Events

In Macon, Georgia, City Council chambers is apparently becoming a forum for religious competition. Last month, Mayor Jack Ellis hosted a feast to mark the end of Ramadan in the Chamber. But, according to today's Macon Telegraph, when Gordon Powers, minister of the Westside Baptist Church in Warner Robins, Georgia, heard about the Ramadan feast, he decided that Christians needed to be given the same access. So he scheduled a Christmas concert there for today. Powers explained that the Muslim event "just kept eating at me". He said that it is one thing to argue for the separation of church and state, but it is something else to practice the "separation of Christ and state." Two members of City Council expressed concern over the motives of Rev. Powers. Councilman James Timley said that the church's emphasis on responding to the Islamic event does not sound very "Christmassy".

German Official Seeks Ban On Scientology

In Germany, Hamburg's Interior Minister Udo Nagel is urging interior ministers from other states to join with him to impose a nationwide ban on Scientology. Germany considers Scientology a business, not a religion. The German Office for the Protection of the Constitution has been watching the group's recruitment practices, fearing that it is a foreign organization seeking to influence political elections. Scientology claims religious discrimination. Spiegel Online and AHN both cover these developments.

UPDATE: According to BBC News on Saturday, federal and state interior ministers have asked Germany's domestic intelligence agency to determine whether the Church of Scientology's legal status as an association can be challenged.

UPDATE: Der Spiegel reported on Monday that German intelligence agencies say there is not sufficient evidence to ban the Church of Scientology, finding that while the organization operates in ways that are hostile to the Germany's constitution, Scientology has not successfully infiltrated a broader population.

Church Sues New York Under RLUIPA After City Nixes Catering Lease

Park Avenue's Third Church of Christ, Scientist, yesterday filed a RLUIPA lawsuit against the City of New York after the city said it would revoke a permit that had been granted for a catering company to use of the church's building. The city's Building Department argues that the planned use under a 20-year lease would violate zoning regulations. Today's New York Times reports that the church, suffering declining membership, entered the arrangement under which the Rose Group catering company will take out movable pews when it uses the sanctuary for catered events. Under the agreement, the Rose Group has already spent $6.5 million on building repairs. The Preservation Coalition, representing neighbors, opposes the church's arrangement, saying the church has essentially turned its building over to the caterers for commercial use. Church officials however say the building will still be used primarily for religious purposes, with 400 to 500 hours per month of religious activities. It will be used only 60 hours per month for catering. The lawsuit alleges that the church is not being treated equally with non-religious institutions that are allowed to rent out their premises for social events.

President Issues Hanukkah Message

The Jewish holiday of Hanukkah began last night. On Monday, the White House issued the President's 2007 Hanukkah Message. Saying that "Hanukkah commemorates a victory for freedom and the courage and faith that made it possible," the President continued: "We pray that those who still live in the darkness of tyranny will someday see the light of freedom...."

AU Asks IRS To Investigate Endorsement of Huckabee By Falwell

Americans United for Separation of Church and State announced yesterday that it has asked the Internal Revenue Service to investigate an endorsement of Republican presidential candidate Mike Huckabee by Liberty University Chancellor Jerry Falwell Jr. AU says that an e-mail Liberty News Alert violated the limitations imposed on tax exempt non-profit organizations. After inviting Huckabee to speak at a Liberty University convocation, Falwell used University resources to send out the alert which said in part: "I was so impressed with the Governor’s sincerity and his positions on the issues that are important to conservative Christians that I personally endorsed Governor Huckabee before he left Lynchburg."

British Court Finds Opera Was Not Blasphemous

In Britain, two High Court judges ruled that Jerry Springer The Opera did not violate Britain's blasphemy laws. The Plymouth Herald today reports on the decision in the suit brought by the group Christian Voice. The court upheld a lower court's refusal to issue a summons against the director-general of BBC2 who permitted the opera to be shown in 2005. The High Court concluded that the play "as a whole was not and could not reasonably be regarded as aimed at, or an attack on, Christianity or what Christians held sacred." (See prior related posting.)

Preliminary Injunction Permits Menorah Lighting To Proceed

In Poughkeepsie, New York last night, a Chabad group lit a large menorah to mark the beginning of Hanukkah. Today's Poughkeepsie Journal reports that the menorah was at the same street corner where it has been placed for the last 15 years. In order to avoid church-state concerns, city officials wanted the menorah moved to a nearby municipal location where it would join holiday symbols of other religious groups. However, Rabbi Yacov Borenstein went to court and obtained a preliminary injunction ordering city workers to set up the menorah at its traditional location. Apparently the state trial court's decision was based on the city's failure to advise Chabad of the proposed move until after thousands of invitations had been sent out for the lighting at its traditional spot. The judge's decision did not deal with the broader constitutional issues. Those will be the subject of a hearing in January and will determine the menorah's location for future years. (AP).

9th Circuit Hears Arguments In Pledge and Motto Cases

Yesterday the U.S. 9th Circuit Court of Appeals heard oral arguments in two cases brought by Sacramento attorney and doctor Michael Newdow--one challenging the inclusion of the phrase "under God" in the Pledge of Allegiance and the other challenging the use of the motto "In God we Trust" on coins and currency. (See prior related posting.) The AP reports that in the pledge case, Terence Cassidy, a lawyer for the school district, argued that reciting the pledge is merely a "patriotic exercise". Newdow, urging equal respect for atheists, responded that the anger people demonstrate when it is proposed that the phrase be removed demonstrates its religious significance. Becket Fund president Kevin "Seamus" Hasson, arguing on behalf of school children supporting recitation of the Pledge, argued that "under God" has been used in American history to protect "God-given rights" that are not subject to government infringement. (Becket Fund release.) In the motto case, Justice Department lawyer Lowell Sturgill Jr. argued that "In God We Trust" is just a patriotic or ceremonial message. (See prior related posting.)

8th Circuit Finds State Funding of Faith-Based Prison Program Unconstitutional

Yesterday in Americans United for Separation of Church and State v. Prison Fellowship Ministries, Inc., (8th Cir., Dec. 3, 2007), the U.S. 8th Circuit Court of Appeals held that a faith-based inmate rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. The 3-judge panel included retired U.S. Supreme Court Justice Sandra Day O'Connor.

Even though inmate entry into the InnerChange program was voluntary and state funds were used only to pay for non-religious aspects of the program, the court held that direct payments to InnerChange for the years 2002-04 funded religious indoctrination in violation of the Establishment Clause of the U.S. and Iowa constitutions. It also found an Establishment Clause problem because participation in InnerChange was available only to inmates professing Christian beliefs. In 2005-07, funding changed from cost reimbursement to a per diem payment. The court held that this did not convert the program into one of permissible indirect aid. The court also rejected defendant's reliance on Turner v. Safley, a Supreme Court case which in the court's view applies to free exercise, but not to establishment clause, challenges in prison settings.

The court however reversed the district court's order that InnerChange repay funds it received from the state for periods before the trial court found the program unconstitutional. The court also emphasized that the district court injunction it was affirming applied to InnerChange only so long as it received government funding for operating the Iowa program.

Both sides have claimed victory in the Court of Appeals. Americans United issued a release praising the ruling, saying it is a major setback for the White House's faith-based initiative. Meanwhile, InnerChange issued its own release, saying that since InnerChange now operates in Iowa without state funding, the 8th Circuit's ruling effectively permits it to continue and reverses the trial court's order for it to repay $1.5 million it previously received in state funds.Yesterday's Des Moines Register covers the decision. (See prior related postings.)

Talk Show Host Sues Muslim Group For Copyright Infringement

Conservative radio talk-show host Michael Savage yesterday filed a copyright infringement suit against the Council on American-Islamic Relations (CAIR). AP reports that the suit, filed in federal court in San Francisco, challenges the use of audio excerpts from one of Savage's radio shows on CAIR's website. Portions of a Savage monologue were pieced together. They include Savage calling the Qur'an a "book of hate." The excerpts were used in a campaign to get advertisers to withdraw from sponsorship of Savage's show. Savage says that, in context, he was talking about Iranian president Mahmoud Ahmadinejad's radical form of Islam, and not about the religion more generally.

Cert. Denied In Removal of Cross From LA County Seal

Yesterday the U.S. Supreme Court denied certiorari in Vasquez v. Los Angeles County, (Docket No. 07-427) (Order List). In the case, the 9th Circuit rejected an Establishment Clause challenge to a change made to the seal of Los Angeles County. The county removed a small cross from the seal and replaced it with a picture of a historic mission. (See prior posting.) Today's Los Angeles Times reports on the Supreme Court's order in a story that carries illustrations of the old and new seal. County Supervisor Mike Antonovich says he still hopes to find enough votes on the Board of Supervisors to bring back the old seal.

Israeli Rabbinic Court Decision Increases Tension Over Civil-Religious Jurisdiction

Last week, according to Friday's Jerusalem Post, a decision by Israel's High Rabbinic Court created new tension over the respective jurisdiction of civil and religious tribunals. A divorce case in Israel can be filed in either a civil or religious court if the case also involves financial issues, and the court in which the matter is first filed has jurisdiction. In the case decided last week, the wife filed in civil court 15 minutes before her husband filed in a rabbinic court. The High Rabbinic Court ruled that the few minutes were irrelevant, and that when filings are essentially simultaneous, rabbinic courts have jurisdiction because of their special role as the prime arbiter in divorce cases. In recent years, Israel's Supreme Court has cut down the jurisdiction of rabbinic courts, holding that once the divorce proceeding is over, rabbinic courts cannot adjudicate financial issues that arise between the parties later. (See prior posting.) In last week's decision, the High Rabbinic Court ruled, however, that as to monetary issues that are part of a divorce proceeding, religious courts have primary jurisdiction. It said that civil courts have only secondary or residual jurisdiction. [Thanks to Joel Katz of the lead.]

Preliminary Injunction Protects Preacher From Disturbing-the-Peace Arrests

In Netherland v. City of Zachary, Louisiana, (MD LA, Nov. 30, 2007), a Louisiana federal district court issued a preliminary injunction against the enforcement of a city's disturbing-the- peace ordinance. The suit was brought by John Netherland, a Christian who found faith while battling alcoholism. Netherland was threatened with arrest by police for preaching loudly at local bar patrons from a public area next to the bar's parking lot. The court held that in their application of the ordinance, which bans offensive and annoying words, police were imposing a content-based restriction on speech in a traditional public forum. The court concluded that the ordinance is vague and overbroad, and infringes Netherland's right to free speech and free exercise of religion. Bar patrons' interest in being let alone did not justify the restriction on Netherland's speech. Alliance Defense Fund yesterday issued a release supporting the court's decision. (See prior related posting.)

Judge Asks For Briefs On Use of Religion In Picking Jurors

Today's New York Sun reports that a New York federal district judge has asked lawyers to submit briefs on the propriety, in an upcoming criminal trial, of either side disqualifying jurors because of their "obvious" Jewish or Arab names. Lobbyists Steven Rosen and Keith Weissman, former employees of the American Israel Public Affairs Committee, are charged with passing on classified information to journalists and Israeli officials. The U.S. Supreme Court has clearly prohibited excluding jurors on the basis of race or gender, but has not clarified whether this applies to religion as well. In another twist, defense attorneys are particularly interested in questioning potential jurors about their religion, ethnicity and political party affiliation, possibly in order to retain Jewish and evangelical Christian jurors-- individuals who are likely to be pro-Israel. Harvard law professor Alan Dershowitz argues that retaining, as opposed to striking, jurors on this basis is not a problem.

Heated Controversy Over Portrait of Militant Sikh Leader Erupts In India

In the Indian state of Punjab, Punjab Pradesh Congress Committee president Rajinder kaur Bhattal has demanded removal of a controversial portrait of a Sikh militant leader being installed in the Sikh museum of the Golden Temple in the holy city of Amristar. (Punjab News, 12/3). Today's Punjab News reports that the controversy involves a portrait of Sant Jarnail Singh Bhindrenwala who headed the Damdami Taksal in 1983-84, a period in which the group spearheaded terrorist attacks. In Operation Blue Star in June 1984, then Prime Minister Indra Gandhi sent the Army to flush out militants hiding the Golden Temple. Hundreds died in the resulting operation. Baba Harnam Singh Dhuma, current head Damdami Taksal, said the criticism of the installation of the portrait amounts to interference in the internal affairs of Sikhs and, if continued, would disturb the peaceful situation in Punjab.

Church Property Disputes Looming In Pennsylvania

Yesterday's Pittsburgh Post-Gazette carries an excellent background article on the legal issues that will be faced by state courts as several Episcopal and Presbyterian congregations in western Pennsylvania threaten to break away from their parent bodies. The resulting disputes over ownership of church property likely will be decided using neutral principles of property law. The controlling decision in Pennsylvania is In re: Church of St. James the Less, (PA Sup. Ct., Dec. 29, 2005) [majority opinion, concurring opinion]. It indicates that many of the cases may turn on the validity and interpretation of trust clauses in church documents.

Holiday Display Disputes Appear Muted This Year

With three weeks to go, so far this year the "Christmas wars" over municipal holiday displays seem somewhat muted. In Ft. Collins, Colorado, City Council voted 6-1 to permit colored lights and Christmas trees and wreaths on the exterior of city buildings and other city property, but only secular displays and messages inside buildings. It rejected a proposal by a broad-based task force that only white lights, bare garlands and secular symbols such as snowflakes be hung on city property beginning next year. (Tacoma, WA News Tribune, 12/1). On Saturday in Ft. Collins, about 200 people gathered to support Sheriff Jim Alderden who wants to keep religious symbols. Yesterday's Loveland (CO) Reprter-Herald says that the event focused on decorating a 10-foot tall planted Christmas tree. A small Nativity scene and a Menorah were also put on display, all paid for by donated funds. Sheriff Alderen commented: "A sheriff puts up a Christmas tree. Why is that a national news story?"

Meanwhile in Cranston, Rhode Island, backing away from past high profile controversies over religious symbols, new mayor Michael T. Napolitano has opted to merely put up 50,000 white lights and a Christmas tree in the foyer of City Hall. In past years, the City Hall display-- which led to litigation-- included a life-sized nativity scene, a menorah, an inflatable snowman, and 15 flamingos in Santa Claus hats representing the "Church of the Flamingos". (ACLU Release, 2003). (See prior related posting.) Local ACLU director, Steven Brown, said that Napolitano "is doing more to respect religion than the politicians who try to turn Christmas into a political issue."

Sudan's President Pardons British Teacher Convicted of Insulting Islam

Sudan's president Omar al-Bashir has granted a pardon to British teacher Gillian Gibbons who had been sentenced to 15 days in jail for insulting Islam. (See prior posting.) Today's Times of London reports that Gibbons could be on a plane to Britain within a day, after serving 4 days of her sentence. The release came after lengthy talks between al-Bashir and two Muslim members of Britain's House of Lords, Lord Nazir Ahmed and Baroness Sayeeda Warsi. (AFP). The teacher had been serving her sentence in a bungalow in the suburbs of Khartoum usually reserved for high-ranking opposition leaders who are under arrest. Her lawyers had feared she would be held at the overcrowded Omdurman Women’s Prison.

Romney To Deliver Speech On His Religious Beliefs and the Presidency

The New York Times reports that on Thursday Republican presidential candidate Mitt Romney will deliver a major speech addressing questions about his Mormon religious beliefs. Scheduled for the George H.W. Bush Presidential Library in College Station, Texas, the address will be titled "Faith In America". His campaign says that Romney will "share his views on religious liberty, the grand tradition religious tolerance has played in the progress of our nation and how the governor's own faith would inform his presidency if he were elected." At ABC News, Jake Tapper writes a long analyisis of Romney's plans in a piece titled Will 'Pulling a JFK' Be Enough for Romney?

Op-Ed Explores School Board's Rule On Sacred Music In Choir Concerts

An always-difficult subject under the Establishment Clause is the extent to which school choir concerts may contain sacred music. An interesting op-ed in yesterday's Livingston (MI) Daily Press & Argus explores the Howell (MI) Public Schools' attempt to deal with the issue. Last year, the Howell Public Schools Board faced extensive criticism when it imposed on a visiting German choir its policy that concerts should contain no more than 30% sacred music. (See prior posting.) So this year the Board raised the allowable amount of religious music to 50%. The paper asks how this is to be computed:

Is it the number of songs, sacred versus secular? Or time — would one six-minute secular song be worth two three-minute sacred songs? Or, since the musical notes themselves are neither sacred nor secular, is it just the lyrics? Do we have to count lines within each song?

Equally unclear is exactly to whom the policy would apply. School board members seem to think the policy would not apply to outside groups that rent a room in a Howell school building for an event. Administrators seem to think it would....

[The Constitution] says public schools can't promote one religion over another.... [W]hy can't the Howell school board come up with a policy that says that, and goes no further so that it avoids creating needless controversies where there really is no controversy?

Private Enforcers of Islamic Law Appear In Cairo

Yesterday's Pittsburgh Post-Gazette reports that in Egypt, self-appointed morality squads are becoming common on streets, at workplaces, in subways and at the airport in Cairo. Unlike the official policers of Islamic law in Saudi Arabia and Iran, in Egypt the policing effort is undertaken by private individuals, encouraged by television preachers and Saudi-inspired religious instruction in mosques. The most common targets are women who do not have their hair covered. But men who are dating, who are not observing prayer times, or who permit their wives or sisters to wear revealing clothes have also been lectured.

Recent Publications on Law, Religion and Society

From SSRN:

• Shraddha Veeranna Chigateri, Glory to the Cow: Cultural Difference and Social Justice in the Food Hierarchy in India, (South Asia, Vol. 31, No. 1, April 2008).
  

From SmartCILP and elsewhere:

• Alex Geisinger & Ivan E. Bodensteiner, An Expressive Jurisprudence of the Establishment Clause, 112 Penn State Law Review 77-136 (2007).
• Antony Barone Kolenc, "Mr. Scalia's Neighborhood": A Home for Minority Religions?, 81 St. John's Law Review 819-880 (2007).
• Douglas G. Smith, "Equal Access"?: Faith Center Church Evangelistic Ministries v. Glover and the Use of Public Facilities for Religious Worship, 8 Engage 142-144 (Oct. 2007).

New Book:

• Robin Judd, Contested Rituals: Circumcision, Kosher Butchering and Jewish Political Life in Germany, 1843-1933, (Cornell University Press, August 2007), reviewed in The Forward.

NJ Mosque Developers Lose Attempt To Add Count To Complaint

In a challenge to Wayne Township, New Jersey's attempted exercise of eminent domain, a federal court refused to permit developers of a mosque to add an additional count to their complaint. The Township is attempting to take the mosque's property as part of an Open Space Plan. (See prior posting.) In Albanian Associated Fund & Imam Arun Polozani v. Township of Wayne, 2007 U.S. Dist. LEXIS 87666 (D NJ, Nov. 29, 2007), the court rejected an amendment alleging that the planning board's decision was arbitrary and capricious. The court held that insofar as the claim is brought under state law, it should be decided in state court. Insofar as it is based on federal substantive due process grounds, the complaint does not give sufficient notice of the basis of the claim. The court however did grant plaintiffs' motion to supplement their complaint in connection with eight other counts.

Texas Schools Science Director Fired Over Apparent Opposition To Intelligent Design

The director of science curriculum at the Texas Education Agency (TEA) has been forced to resign after she forwarded to a number of people an e-mail announcing a presentation by an author who is critical of intelligent design proponents. The AP reported on Friday that Chris Comer, who has held her position for nine years, says that evolution politics led to her firing. The TEA says that Comer's action implies that it endorses the speaker's position on a subject on which the agency must remain neutral. Her action also violated a directive that she not communicate with anyone outside the TEA about the agency's review of the Texas science curriculum scheduled for next year.

British Accounting Body Will Offer Certificate In Islamic Finance

Britain's Chartered Institute of Management Accountants (CIMA) will become the first the first accountancy body in the UK to offer its members training in Islamic financial law. The Scotsman today reports that a self-study program leading to a Certificate in Islamic Finance was developed by CIMA in consultation with Sharia law experts and the International Institute of Islamic Finance. The course covers Islamic commercial law; Islamic banking and Takaful; Islamic capital markets and instruments; and accounting and analysis of Islamic financial institutions.

Alberta Panel Finds Anti-Gay Letter Violated Human Rights Law

In Lund v. Boissoin, (AB Human Rts. Panel, Nov. 30, 2007), a panel appointed by the Alberta Human Rights and Citizenship Commission held that a letter published in the Red Deer Advocate violates the anti-discrimination provisions of Alberta's Human Rights, Citizenship and Multiculturalism Act (HRCMA). The case originated out of a letter written to the Canadian newspaper by Stephen Boissoin, executive director of the Concerned Christian Coalition (now Concerned Christians Canada, Inc.). The letter was titled "Homosexual Agenda Wicked".

The complaint, filed by a Red Deer high school teacher, alleged that the letter crossed the line of free speech and incited hatred against homosexuals in violation of Sec. 3 of the HRCMA. In an 80-page decision, the Panel held it had jurisdiction over the case because of the relationship of the letter to the province's educational system and its circumstantial connection to the beating of a gay teenager in Red Deer less than two weeks following its publication. The panel concluded that Boissoin's letter expressed hatred or contempt for a group of persons on the basis of their sexual preference, and made it more acceptable to others to manifest hatred against homosexuals. The panel rejected the argument that Boissoin's freedom of religion and expression are defenses to the discrimination charge. Friday's Canadian Press reported on the decision.

Meanwhile, according to the Canadian Press, on Saturday the Executive Committee of the Conservative Party of Alberta refused to endorse the nomination of Concerned Christian Coalition leader Craig Chandler for election to the province's legislative assembly from Calgary-Egmont. Apparently the refusal was related to the Boissoin letter.

India's High Court Postpones Ruling on Rights of Christian and Muslim Dalits

The Supreme Court of India has postponed ruling on whether lower-caste Dalits who have converted to Christianity or Islam are entitled to the same preferential rights as those who remain Hindus, or who have converted to become Sikhs or Buddhists. Christian Today reported on Saturday that the delay came after the government told the court that it had still not received a report on the matter from the National Commission for Scheduled Castes. In May, a panel headed by former Chief Justice Ranganath Misra recommended that converts to Christianity and Islam be given the same special privileges as other Dalits, but the Commission has not yet accepted the recommendations.

Recently Available Prisoner Free Exercise Cases

In Nelis v. Kingston, 2007 U.S. Dist. LEXIS 86036 (ED WI, Nov. 20, 2007), a Wisconsin federal district court held that a prison rule making inmates on voluntary unassigned status ineligible for certain activities, including ancillary religious activities, violates neither the First Amendment nor RLUIPA. The suit was brought by a Native American inmate who was precluded from attending pipe and drum ceremonies under this rule, but could still practice his religion in other ways.

In Floody v. Wagner, 2007 U.S. Dist. LEXIS 86295 (D SD, Nov. 21, 2007), a South Dakota federal district judge permitted an inmate who was an candidate for conversion to Judaism to proceed on his claim for damages against prison officials who suspended his kosher diet after he bought a non-kosher item at the prison commissary. Subsequently the prison system changed it rules precluding removal from a religious diet as a sanction, making plaintiff's claims for declaratory and injunctive relief moot.

In Rogers v. Maricopa County Sheriff's Office, 2007 U.S. Dist. LEXIS 86607 (D AZ, Nov. 15, 2007), an Arizona federal district court dismissed (with leave to file an amended complaint) a series of allegations, including a free exercise claim, by a prisoner for violations while she was a pre-trial detainee. Plaintiff claimed that rules calling for discontinuation of her medication if she was not in her cell during medical call precluded her from attending religious services.

In Raper v. Adams, 2007 U.S. Dist. LEXIS 87048 (ED NC, March 28, 2007), a North Carolina federal district court dismissed an inmate's First Amendment claims challenging prison rules that banned inmates' reading tarot cards for other inmates. It also rejected an equal protection claim complaining that plaintiff was required to use a cell that doubled as a restroom, rather than the day room, to practice his religion.

In Joseph v. Ware, 2007 U.S. Dist. LEXIS 87459 (WD LA, Oct. 22, 2007), a Louisiana federal magistrate judge recommended dismissal of a Muslim inmate's First Amendment claim based on failure of prison employees on one occasion to provide him a pork-free meal.

Religious Sign In Police Cruiser Raises Church-State Questions

Today's Greensboro (NC) News-Record reports that a sign posted in a police cruiser has raised a new church-state issue. Driver M. Reza Salami (a professor at North Carolina A&T) was stopped by police at a checkpoint last week and was told to sit in the back seat of a Guilford County Sheriff's cruiser by Sheriff's Deputy M. Osborne. In the cruiser, between the front and back seats, was posted a sign reading "Jesus is your savior". The deputy's supervisor argues that the sign was permissible because it was an expression of the deputy's beliefs, and Sheriff B.J. Barnes favors deputies being able to display anything that gives them comfort during their dangerous 12-hour shifts. Constitutional law expert Erwin Chemerinsky said that it is impermissible to promote religion in this way in a police car used for official county business.

Religious Traditions Include Holiday Gambling

The Boston Globe's Rich Barlow writes an interesting column today on the history of gambling traditions in Judaism and Christianity-- as the Massachusetts legislature prepares to debate casino gambling. A number of religious leaders oppose the casino gambling bill. In Judaism, Hanukkah includes gambling-- children playing dreidel, and adults playing a card game known as kvitlech. In the Middle Ages, the Catholic Church encouraged gambling on holy days. Boston College professor Dwayne Carpenter outlined the ambivalent views of religious authorities toward gambling, saying that they often saw it as a way to "add to the merriment of an already joyous occasion." He said that Hanukkah card-playing once served as a cover for banned Torah study.

British Muslim Coalition Proposes New Moderate Guidelines For Mosques

In Britain on Thursday, moderate Muslim leaders through the Mosques and Imams National Advisory Body (MINAB) issued a proposed 10-point Code of Conduct for mosques in the country. Yesterday's New York Times reports that among the new proposals are ones for stricter screening of imams and other religious leaders (including a criminal background check); a commitment to "open, democratic, accountable management" of mosques; a call for the creation of "women's committees" at mosques; and a commitment to participation in interfaith activities. MINAB-- created by four national Muslim organizations-- grew out of a recommendation by a government task force on extremism that was formed after the "7/7" bombings in London in 2005. (BBC News.) [Thanks to Melissa Rogers for the lead.]

OSCE Publishes Guide On Teaching About Religions In Schools

The Organization for Security and Cooperation in Europe this week issued a lengthy guide on preparing curricula for teaching about religions and beliefs. A press release issued by the OSCE's Office for Democratic Institutions and Human Rights says that the guidelines are "designed to assist educators, legislators, teachers and officials in education ministries and in private or religious schools to ensure that teaching about different religions and beliefs is carried out in a fair and balanced manner." The 134-page document, Toledo Guiding Principles on Teaching About Religions and Beliefs in Public Schools, is drafted on the premise that "although a deeper understanding of religions will not automatically lead to greater tolerance and respect, ignorance increases the likelihood of misunderstanding, stereotyping, and conflict." [Thanks to Rafael Palomino for the lead.]

WV Proposes Promise Scholarship Holders Can Take Religious Service Leave

Reacting to a lawsuit filed against it in July, West Virginia's Higher Education Policy Commission on Friday issued proposed amendments to change the state's Promise Scholarship leave of absence policy. In the suit, a Mormon student at the University of West Virginia charged the Promise scholarship board with religious discrimination because it refused to allow him to take a leave to serve a two-year church mission without losing his scholarship. (See prior posting.) The Charleston (WV) Saturday Gazette-Mail reports that under the new proposals, students will be permitted to take a leave of absence for military duty, programs related to the student’s study, service, study abroad, volunteerism, extreme financial hardships and extraordinary circumstances beyond the student’s control. After a 30-day public comment period, the proposed rule amendments go to the legislature for final approval.

Pope Issues Encyclical "In Hope We Were Saved"

On Friday, Pope Benedict XVI issued the second encyclical of his papacy, titled Spe Salvi Facti Sumus (In Hope We Were Saved). Today's New York Times says that the document "weaves a complex but elegant argument for the necessity of hope, drawing deeply on history, philosophy and theology." Here are some excerpts on the relationship of hope to the structuring of society:

[E]very generation has the task of engaging anew in the arduous search for the right way to order human affairs; this task is never simply completed. Yet every generation must also make its own contribution to establishing convincing structures of freedom and of good, which can help the following generation as a guideline for the proper use of human freedom.... [M]odern Christianity, faced with the successes of science in progressively structuring the world, has to a large extent restricted its attention to the individual and his salvation. In so doing it has limited the horizon of its hope and has failed to recognize sufficiently the greatness of its task—even if it has continued to achieve great things in the formation of man and in care for the weak and the suffering....

All serious and upright human conduct is hope in action.... [W]e work towards a brighter and more humane world so as to open doors into the future. Yet our daily efforts in pursuing our own lives and in working for the world's future either tire us or turn into fanaticism, unless we are enlightened by the radiance of the great hope that cannot be destroyed even by small-scale failures or by a breakdown in matters of historic importance. If we cannot hope for more than is effectively attainable at any given time, or more than is promised by political or economic authorities, our lives will soon be without hope....

To protest against God in the name of justice is not helpful. A world without God is a world without hope.... Only God can create justice. And faith gives us the certainty that he does so. The image of the Last Judgement is not primarily an image of terror, but an image of hope; for us it may even be the decisive image of hope....

Detroit Judge Finds Religious Freedom Violation By Faith-Based Drug Program

A Detroit (MI) federal district judge ruled on Friday that that the religious freedom rights of plaintiff Joseph Hanas were violated when a drug treatment program in which a state court placed him attempted to convert him from his Catholic Faith to the Pentecostal faith of those running the Inner City Christian Outreach Center. (See prior related posting.) Today's Detroit Free Press reports that until the judge issues a written decision, it is unclear whether the court also held against a court caseworker and a court volunteer who failed to take Hanas out of the program when they learned of its coercive tactics. Hanas eventually received treatment in a non-religious program, but the state court has not expunged from his record the jail time which he served when he refused to complete the Pentecostal program to which he was originally assigned. The federal lawsuit was filed only after litigation in state court, including an unsuccessful petition for certiorari in the U.S. Supreme Court (Docket No. 04-1461), failed to obtain relief for Hanas. (See prior related posting.)

Nigeria Implements Sharia In Moderate and Modern Form

Today's New York Times carried a front-page article titled Nigeria Turns From Harsher Side of Islamic Law. It reports that Islamic law, adopted in several northern Nigerian states, has been implemented in a way that creates "a distinctively Nigerian compromise between the dictates of faith and the chaotic realities of modern life...." The federal government has limited the power of the religious police-- the Hisbah. A state official in Kano says, "Our approach is a humane Shariah, not a punitive Shariah." Leaders in various states emphasize Islamic tenets on charity, women’s rights and the duty to keep their environment clean. [Thanks to Matthew Caplan for the leaad.]