10th Circuit Hears Arguments In Eagle Feather Protection Challenge

Yesterday the U.S. 10th Circuit Court of Appeals heard oral argument in United States v. Friday, a criminal prosecution of a member of the Northern Arapaho Indian Tribe for violating the Bald and Golden Eagle Protection Act (BGEPA). The district court below dismissed charges against Winslow Friday, finding that the government's implementation of the BGEPA violated his free exercise rights. (See prior posting.) Yesterday's Casper (WY) Star-Tribune reported that in the appellate court, the government argued that Friday lacked standing to challenge the BGPEA's permit process because he never applied for a permit. Federal public defender John T. Carlson, representing defendant, argued that the Fish and Wildlife Service hid the existence of the permit process. Attacking the BGEPA, he said: "No other religion has a permit system denying it access to its sacred objects."

Report Claims Kenya Presidential Candidate Promises To Institute Shariah

In a report published yesterday, International Christian Concern claims that in Kenya, leading presidential candidate Raila Odinga has promised Muslims that if he is elected, he will bring Sharia law to Muslim parts of the country. The report says that a secret Memorandum of Understanding between Odinga and Sheikh Abdullahi Abdi, chairman of the National Leaders Forum, provides that if he is elected, Odinga will "within 6 months, re-write the Constitution of Kenya to recognize Shariah as the only true law sanctioned by the Holy Quran for Muslim declared regions." This provision is not in a public version of the Memorandum of Understanding that was released last month.

White House Holiday Card Sparks Differing Comments

The White House has mailed out its 2007 Holiday Card, designed by Hallmark (release). The blogosphere is filled with competing characterizations of it. The Huffington Post on Thursday reproduced the card and quoted Barbara Walters who said the card was the most religious one in recent memory. On the other hand, Wall of Separation on Friday pointed out that, as in past years, the card does not contain the word "Christmas" nor does it contain religious Christian symbolism. The painting on the card of the Jacqueline Kennedy Garden at the White House does show a lighted Christmas tree inside the White House. The card features a verse from the Prophet Nehemiah, and adds "May the joy of all creation fill your heart this blessed season 2007." The White House website features reproductions of White House holiday cards sent out by a dozen past presidents.

Pakistan's Ahmadis Will Boycott Election Claiming Discrimination

In Pakistan, the Ahmadi community says it will boycott the upcoming elections because of discriminatory action taken by the country's Election Commission. According to yesterday's Daily Times , the Commission has issued a separate list of Ahmadi voters. Ahmadis consider themselves Muslims. However, other Muslims do not, and Pakistan's Constitution defines them as non-Muslims. (Background from USCIRF and Wikipedia.) The Ahmadis see the Election Commission's move as an attempt to force them to acknowledge that they are not Muslims. (Release from Ahmadiyya Movement.) Friday's Daily Times has background on the Pakistan's move to a single electoral roll for all religious groups except the Ahmadis.

Hajj Begins; Freedom To Attend Measured In Several Countries

AFP reports that in Saudi Arabia nearly 2 million pilgrims began the Hajj today. The press is assessing religious freedom in several countries by examining the extent to which Muslims were allowed to travel to Saudi Arabia to participate. Today's New York Times reports that Russia (reversing restrictive Soviet policies) has permitted 26,000 pilgrims-- the full quota allotted to it by the Saudis-- to go. A government liaison office assists pilgrims with visas and transportation. The Russian press says that a number of government security service personnel are among the pilgrims to keep an eye on them. Russian government officials deny the report. The London Telegraph reports that Israel is allowing over 900 Palestinians to leave the Gaza strip to go on hajj. It also says that China has allowed 10,700 of its Muslim citizens to attend. However, in Turkmenistan, according to Forum 18, the government has permitted only 188 Muslims to go on Hajj, even though Saudi Arabia allotted the country around 5000 places. (See prior related posting.)

Florida Seeks Alternative Route To Get Voucher Amendments [Corrected]

After Florida's Supreme Court struck down the state's school voucher program in 2006, then-Governor Jeb Bush pressed to get a state constitutional amendment that would clearly allow vouchers that could be used by parents who send their children to religious schools. However the state Senate rejected Bush's proposal. (NSBA release, May 2006). Today's Palm Beach Post reports that now supporters are trying another route. The state's Tax and Budget Reform Commission, a body empaneled every 20 years, can propose state constitutional amendments to the voters. Commission member Patricia Levesque (executive director of Bush's Foundation for Florida's Future) is urging the Commission to propose two constitutional amendments-- one that would allow state funds to go to religious institutions and a second that would provide a parallel system of aid for private schools outside the public school system. (See prior related posting.)

German State Official Wants To Ban Burkas In Schools

Roland Koch, prime minister of the German state of Hesse, said in an interview on Sunday that he wants to ban female Muslim students from wearing burkas in schools. M&C reported yesterday, however, that Koch has no plans to ban students from wearing Muslim head scarves. Critics say that Koch is using religion to garner votes in next months election. They say they know of no school students in Hesse who wear burkas.

Recent Articles and Book of Interest

From SSRN:

• Larry Cata Backer, God(s) Over Constitutions: International Law, Religious Law and Transnational Constitutionalism in the 21st Century, (Mississippi Law Review, Vol. 26, 2007).

From SmartCILP:

• Monte Kuligowski, Does the Declaration of Independence Pass the Lemon Test?, 2 Duke Journal of Constitutional Law & Public Policy 287-338 (2007).

Recent Book:

• Eve LaPlante, Salem Witch Judge-- The Life and Repentance of Samuel Sewall, (Harper Collins, Oct. 2, 2007), reviewed in the Philadelphia Inquirer.

ID Requirement Interfering With Clergy's Attempt To Encourage Marriage

Alabama's Child Support Reform Act, Code Ala. Sec. 30-3-194(c), requires marriage licenses to contain the Social Security numbers of both husband and wife. Today's Tuscaloosa News reports that most Alabama counties do not enforce the requirement, but Tuscaloosa County is one of the few that does. Now Catholic clergy in Tuscaloosa say that the requirement is interfering with their efforts to encourage couples to marry. Immigrants in the U.S. illegally, or those here legally but without a green card permitting them to work, are unable to obtain Social Security cards. Clergy in the Catholic Diocese of Birmingham have taken an interest in challenging the Alabama law. They say that couples who are sexually active but not married are barred from receiving Holy Communion. This, they argue, means that the government is controlling whether a couple can receive religious sacraments.

The Alabama statute, like that in other states, was enacted in order to comply with a provision of the federal child support enforcement statutes (42 USC Sec. 666(a)(13)). Last May in Buck v. Stankovic, (MD PA, May 1, 2007), a Pennsylvania federal district court issued a preliminary injunction barring Pennsylvania authorities from insisting that an individual prove his or her lawful presence in the United States as a condition of obtaining a marriage license.

Haj Begins Tomorrow-- Preparations Under Way

In Saudi Arabia, the Haj begins tomorrow. Yesterday's Arab News reports that King Abdullah arrived in Jeddah to supervise preparations for handling the expected 2.5 million pilgrims, which will include Iranian President Mahmoud Ahmadinejad.

Violence Against Christians In India Decried

Friday's Christian Post reports that there have been 500 incidents of violence against Christians in India in the past 23 months. The Global Council of Indian Christians (GCIC) says that the violence is encouraged by Hindu groups such as Rashtriya Swayamsevak Sangh (National Volunteers' Organization) and the Bharatiya Janata (Indian People's) Party. GCIC says that accusations of forced conversionary activity are often used by Hindutva forces as the excuse for attacking Christians.

Muslim Women Maintain Dress Code In High School and College Sports

The Associated Press today reports on the growing number of Muslim high school and college women who are participating in school athletic programs, while continuing to observe religious dress codes. An increasing number wear a hijab (head scarf) and long pants while playing basketball or participating in track and field. The National Federation of State High School Associations permits players to wear a head covering for religious reasons if it poses no danger to others and is not likely to come off during play. It also allows pants in place of shorts or skirts.

Recent Prisoner Religious Exercise Cases

In Adamson v. McDonough, (11th Cir., Dec. 12, 2007), the 11th Circuit Court of Appeals vacated a Florida district court's dismissal of a prisoner's First Amendment free exercise challenge to a rule against using correspondence privileges to advertise for pen pals. Plaintiff, a Southern Baptist, claimed that prison officials refused to mail 13 letters he wrote to Baptist churches and ministers to request "prayer partners and religious pen pals." The state failed to offer any explanation of the purpose of the challenged rule.

In Harris v. Moore, 2007 U.S. Dist. LEXIS 91687 (ED MO, Dec. 13, 2007), a Missouri federal district court rejected Free Exercise and RLUIPA claims by a prisoner who is a member of the Pentecostal Assemblies of the World Church and is a minister ordained by the Universal Life Ministries Church. Plaintiff complained that he was limited to attending one religious service per week and was prohibited from receiving mail containing more than five pages of religious material.

In Robertson v. Kansas, 2007 U.S. Dist. LEXIS 91266 (D KA, Dec. 10, 2007), a Kansas federal district court rejected a prisoner's First Amendment and RLUIPA claims that the refusal to permit him to have conjugal visits violated his religious belief in procreation.

In Trahan v. Carey, 2007 U.S. Dist. LEXIS 89973 (ED CA, Nov. 27. 2007), a California federal magistrate judge dismissed an inmate's claim that his First Amendment rights were violated when he was punished for refusing to recite the "Center Point Creed" in a substance abuse program. The court found that the Creed is secular. Plaintiff was given an opportunity to file an amended complaint alleging that religious books were used in the program.

Christmas Tree Debated At Connecticut Senior Center

Manchester, Connecticut's unwritten policy of not placing Christmas trees in municipal buildings does not apply to the town's Senior Center, according to Town Manager Scott Shanley. According to yesterday's Journal Inquirer, this means that the Senior Center's advisory committee will decide on Wednesday whether or not to reverse the decision by Senior Center Director Eileen Faust not to put up a tree this year because it might offend members of non-Christian faiths.

Rivalry Between Two Menorahs On Public Property

In Brooklyn, New York, apparently no one has complained much about Chabad placing Hanukkah menorahs on public property. A release issued yesterday by Chabad outlines the good-natured rivalry between Chabad of Brooklyn Heights and Chabad of Park Slope over which group's menorah is the "biggest" or "tallest". One of the contending menorahs is in front of Brooklyn's downtown courthouse, while the other is at Grand Army Plaza at the entrance to Prospect Park.

City Arts Commission Funds Religious Statues At Churches

The AP yesterday reported on an interesting use of public funds by the Edmond, Oklahoma Visual Arts Commission. The Commission unanimously approved paying half of the $17,500 cost of a statue of Moses to be placed in front of First Christian Church in Edmond. It previously paid $3,187.50 for a statue of St. Francis that is displayed at the Church of the Good Shepherd. The Commission administers the city's Art In Public Places ordinance.

French High Court Upholds Ban On Keski In Schools

The Conseil d'Etat, France's highest court for review of administrative decisions, has upheld the 2004 expulsion from the Louise-Michel High School of Bobigny of three Sikh boys who insisted on wearing a keski (an under-turban). Punjab News Line yesterday reported that the decision, handed down December 5, finds that the keski is not a discreet sign but is an ostensible manifestation of religion which is prohibited in schools by a 2004 French law. The court held that the keski ban did not lead to an excessive infringement of freedom of thought, conscience and religion guaranteed by Article 9 of the European Convention on Human Rights. Since the ban applies to all religions, the court said it does not violate the anti-discrimination provisions of Article 14 of the ECHR. The schoolboys, represented by United Sikhs, plan to appeal to the European Court of Human Rights and to the United Nations Human Rights Committee. It is not clear how the decision of the Conseil d'Etat affects arrangements that have by now been worked out in many French schools that permit Sikhs to wear a keski. (See BBC News, April 19, 2005.)

North Carolina Court Bans Eid al-Adha Slaughter Arrangement At Farm

In Smithfield, North Carolina, a Johnston County judge yesterday issued a temporary restraining order preventing farmer Eddie Rowe from again opening his Princeton (NC) farm to Muslim families who wish to slaughter lambs for Eid al-Adha (Feast of the Sacrifice). According to the Raleigh News & Observer, Rowe charges individuals $160 for a lamb which they can personally slaughter on his 300-acre farm. State agriculture officials insist that Rowe must build a custom slaughterhouse to protect against disease and unsanitary conditions. Rowe says that would cost $740,000. Apparently, however, under North Carolina law (NCGS Sec. 106-549.27) individuals could take the lambs back to their own residences and slaughter them there under an exemption for non-commercial slaughter.

Rowe's attorney, Glenn Barfield, hopes that some of Rowe's customers will appear in court next week when a hearing will be held on whether to make the slaughter ban at Rowe's farm permanent. Those individuals could raise free exercise objections to the ban imposed by the court. Eid al Adha begins next Wednesday.

Meanwhile, Raleigh's Muslim American Society Freedom Foundation is offering local Muslims an alternative. They can donate money which the Foundation will use to have cows killed at a licensed slaughterhouse. The meat will be butchered and distributed to charities.

UPDATE: On Tuesday, the court rejected a request from several Muslim families in Wake and Johnston counties that it lift the injunction. Johnston County Superior Court Judge Tom Lock said that the order does not infringe the families' free exercise of religion because they can still slaughter their own lambs at a state-licensed facility. (News & Observer, Dec. 19).

Wiccan Symbol Joins Nativity Scene In Green Bay

As previously reported, Chad Fradette, City Council President in Green Bay, Wisconsin, obtained agreement from other city officials to install a nativity scene at City Hall, in sympathy with a smaller Wisconsin town whose nativity display was being challenged. Green Bay's resolution approving the nativity scene also provides that other religious groups can put up displays alongside it. Yesterday's Green Bay Press-Gazette reports that the city has received six requests from others. The first to actually be installed is a Wiccan symbol-- a 3-foot diameter wreath encircling a pentagram. Fradette, displaying broad ecumenical tolerance, said: "That’s pretty. I’m glad there’s something else up there." Another group has told Fradette that it will appear to sing Christmas carols before next Tuesday's City Council meeting begins. Council will discuss rules and guidelines for religious displays on City Hall property.

Canada's High Court Affirms Damages To Wife Who Was Denied A Jewish Divorce

In a 7-2 decision yesterday, Canada's Supreme Court held that an Orthodox Jewish woman could collect damages in a Quebec civil court for her husband's breach of an agreement to give her a Jewish divorce decree ("get"). In Bruker v. Marcovitz, (Sup. Ct. Canada, Dec. 14, 2007), the majority held that the promise to obtain a get, set out in the Consent to Corollary Relief entered into by the parties as part of their divorce proceedings, was a valid and binding agreement. The majority rejected the husband's argument that his freedom of religion assured by the Quebec Charter of Human Rights and Freedoms protected him from having to pay damages for breach of a promise to carry out a religious act. The majority said:

Despite the moribund state of her marriage, Ms. Bruker remained, between the ages of 31 and 46, Mr. Marcovitz’s wife under Jewish law, and dramatically restricted in the options available to her in her personal life. This represented an unjustified and severe impairment of her ability to live her life in accordance with this country’s values and her Jewish beliefs. Any infringement of Mr. Marcovitz’s freedom of religion is inconsequential compared to the disproportionate disadvantaging effect on Ms. Bruker’s ability to live her life fully as a Jewish woman in Canada.

Justice Deschamps' dissenting opinion argued that the husband's agreement to give his wife a "get" is merely a moral undertaking, and even if it were enforceable, civil courts cannot be used to sanction an individual's failure to perform a religious act. Interestingly, both the majority and dissenting opinions reviewed precedent from other countries in reaching their conclusions, citing cases from France, Britain, Australia, the United States and Israel.

CBC News and the Montreal Gazette both report on the case which reverses the Court of Appeals decision and upholds the trial court's award of $47,500 in damages to Stephanie Bruker who for 15 years was denied a "get" by her former husband Jessel Marcovitz.

Danish Sikh Appeals Conviction For Carrying Kirpan

Today's Hindustan Times reports on the legal battle that has grown out of the arrest in Denmark of a Sikh youth for carrying a Kirpan. Ripudaman Singh was convicted and fined for violating a Danish law that prohibits carrying a knife or dagger over 2.5 inches long in public places, unless it is part of occupational activities. The Copenhagen City Court judge who convicted Singh said that there is no exception in Danish law for the Kirpan, even though Sikh religious beliefs require baptized Sikhs to carry it. Singh says he will appeal the conviction.

Religion In China Continues To Draw Attention

Religious freedom, or the lack of it, in China continues to make the news. The Christian Post yesterday reports on the mass arrest last Friday of 270 unregistered "house church" pastors who were gathering for a meeting in Shandong province. As of yesterday morning, 70 remained in jail. Today's USA Today reports on China's secret detention of Christian bookstore owner Shi Weihan who has refused to register his "house church". Meanwhile Earth Times today reports on the rapid growth of Buddhism in China. It says that the Chinese government has supported Buddhism and state-sanctioned temples in part to counteract the influence of the banned Falun Gong movement. Some critics say that large Buddhist Temples spend too much time promoting tourism and other non-religious activities.

Scholars Discuss Church-State Issues

An hour-long video of Dan Rather Reports titled Church & State: Separation Anxieties, is available online from HDNet. The discussion of religion and government in American life features 10th Circuit Judge Michael McConnell, Baptist Joint Committee general counsel Holly Hollman, Notre Dame Law Professor Rick Garnett, and Princeton University Provost Christopher Eisgruber. [Thanks to How Appealing for the lead.]

Sectarian Prayer At Ohio County Board Becomes An Issue

Opening prayers at meetings of the Delaware (Ohio) County Board of Commissioners are the latest to come under fire. This Week Community Newspapers and today's Columbus Dispatch both report on a letter sent to the Commissioners by Americans United urging the them to eliminate "all future prayers in order to make all feel equally welcome at meetings." This year's Board president, Glenn Evans, has opened each meeting with the pledge of allegiance and a prayer, instead of with the moment of silence that previous Board president Jim Ward used. Evans typically concludes his opening prayer with: "In your son's name, we ask these things."

Lisbon Treaty Makes EU Charter of Fundamental Rights Legally Binding

Yesterday, leaders of the European Union signed the Lisbon Treaty (full text), a document that restructures the EU's governance. (New York Times). Among its provisions is one that makes the EU's Charter of Fundamental Rights legally binding on members. (Earth Times.) Article 10 of the Charter protects freedom of thought, conscience and religion, including the right "to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance." It goes on to recognize the right to conscientious objection in accordance with national laws governing the exercise of that right. A protocol to the Lisbon Treaty limits the application of the Charter of Fundamental Rights in Britain and Poland to rights recognized by the national law of those countries. Britain is concerned that the Charter might be used to override its labor laws, and Poland is concerned about the Charter's prohibitions on discrimination based on sexual orientation. The Lisbon Treaty will come into force only if all 27 EU members ratify it.

US Official Charged With Threatening To Put "Hex" On Staff Members

The Washington Post reports today that employee complaints have led to four separate investigations into the employment practices of the Office of the Special Inspector General for Iraq Reconstruction (SIGIR). In addition to allegations of overspending and unauthorized examination of employee e-mails, a more unusual allegation has been lodged against Inspector General Stuart Bowen's deputy, Ginger Cruz. Complaints say that Cruz, a Wiccan, threatened to put hexes on employees. A former SIGIR employee told the Post, "We warned Ginger not to talk about witchcraft, that it would scare people."

British Officials Euthanize Cow Being Protected By Hindu Monks

In Britain, according to yesterday's Times Online, leaders of the Hindu Community at Bhaktivedanta Manor temple in Hertfordshire are considering legal action against the Royal Society for the Prevention of Cruelty to Animals after RSPCA officials euthanized a cow while worshippers were at prayer. Officials were carrying out provisions of Britain's Animal Welfare Act that makes it an offense to permit an animal to suffer unnecessarily. The cow, suffering from a muscle-wasting disease, was being cared for by monks at a temple that former Beatle George Harrison donated to the Cow Protection Project. The Project allow cows and bulls-- considered sacred by Hindus-- to die naturally. The temple's account of events are posted on its website.

Scientolgy Now Recognized As Registered Religion by Portugal

A release today from the Scientology Press Office reports that Portugal now recognizes Scientology as a registered religious community. The new recognition comes after a 2001 religion law enacted in Portugal required certain previously recognized groups, including Scientology, to re-apply for registration.

House Passes Resolution On Importance of Christmas-- But Not Unanimously

On Tuesday, the U.S. House of Representative passed by a vote of 372 to 9 (with 10 voting "Present") H. Res. 847, recognizing the importance of Christmas and the Christian faith (full text). Fox News reports that the resolution was sponsored by Iowa Rep. Steve King who said he introduced it because of "secularists in the country who are trying to eradicate Christ from Christmas." King is particularly upset with the nine Democrats who voted against the Resolution, saying that most of them supported earlier resolutions acknowledging Ramadan and recognizing the Indian celebration of Diwali. King voted "present" on those two resolutions.

Chilean Priest Sentenced To Reciting Psalms For Parking Violation

In the Chilean city of Puerto Montt, a judge has imposed an unusual alternative sentence for illegal parking on a Catholic priest, Father Jose Cornejo. CNN reports that Judge Manuel Perez, informed that the priest could not afford the fine equivalent to $100 (US), ordered him instead to recite seven Psalms from the Bible each day for three months. Judge Perez said that he imposed the sentence: "as a tribute to Galileo Galilei ... who received a similar sentence from the Catholic Church ... for saying the Earth rotates around the sun." [Thanks to Bill Wildhack for the lead.]

Religion Remains An Issue In Republican Caucuses and Primaries

In the Republican presidential campaign, candidates' religious views seem to continue to be of importance. The New York Times has published on its website an advance copy of The Huckabee Factor which will appear in next Sunday's Magazine section. In it, reporter Zev Chafets describes this exchange with Huckabee about the religious beliefs of his chief rival, Mitt Romney:

I asked Huckabee, who describes himself as the only Republican candidate with a degree in theology, if he considered Mormonism a cult or a religion. "I think it’s a religion," he said. "I really don’t know much about it." I was about to jot down this piece of boilerplate when Huckabee surprised me with a question of his own: "Don’t Mormons," he asked in an innocent voice, "believe that Jesus and the devil are brothers?"

According to CNN, yesterday Huckabee personally apologized to Romney for his statement. Huckabee was surprised at the furor caused by his remarks, which were part of a several-hour conversation with Chafetz. He said: "[Chafetz] was trying to press me on my thoughts of Mitt Romney's religion, and I said 'I don't want to go there.' I really didn't know. Well, he was telling me things about the Mormon faith, because he frankly is well-schooled on comparative religions. As a part of that conversation, I asked the question, because I had heard that, and I asked it, not to create something -- I never thought it would make the story."

Meanwhile, in yesterday's Des Moines Register debate among Republican candidates (full transcript), the primary mention of religion was in remarks by candidate Alan Keyes. Interjecting himself into a discussion on education policy, Keyes said:

Governor Huckabee just addressed the question of education claiming that he is the spokesman, do you know the major problem? We allowed the judges to drive God out of our schools. We allowed the moral foundation of this republic which is that we are created equal and endowed by our creator, not by our constitution or our leaders with our rights. If we don't teach our children that heritage and the moral culture that goes along with it, we cannot remain free, they will not be disciplined to learn science, to learn math, to learn history, to learn anything. And they don't want to talk about this except when they're squabbling about their own personal faith and forgetting that we have a national creed. And that national creed needs to be taught to our children so that whether they were scientists or businessmen or lawyers they will stand on the solid ground of a moral education that gives them the discipline they need to serve the right, to exercise their freedom with dignity, and to defend justice because they understand it is our heritage.

Tennessee Trial Under Way Over "Praying Parents" In School

The Tennessean is giving extensive coverage to the trial that began in federal court in Nashville on Wednesday in Doe v. Wilson County. (See prior related posting.) The suit charges that Lakeview Elementary School in Mt. Juliet, Tennessee, unconstitutionally endorsed particular religious beliefs. At issue are activities in the school of a group known as Praying Parents, which was given a link on the school's website, allowed to run announcements in the school's newsletter, leave "you've been prayed for" cards for teachers and students, and send announcements home with students. News articles cover the testimony of one of the Praying Parents; testimony of the anonymous plaintiff who objected to See You at the Pole and National Day of Prayer events at the school; and testimony of the school's former principal who said that he would have allowed other groups equal access to the school's website and to distribute flyers. An article today summarizes testimony so far.

California Student Sues Alleging Teacher's Remarks Violated Establishment Clause

A Mission Vejo, California high school student and his parents have filed a suit in federal district court against Capistrano Valley High School teacher James Corbett and the Capistrano Unified School District. The suit grows out of remarks Corbett repeatedly made in teaching his Advanced Placement European History class. The complaint (full text) asks the court to declare that Corbett's remarks-- which were hostile toward religion and toward traditional Christian views on sexuality-- violate the Establishment Clause. The suit alleges that Christian students in Corbett's class felt ostracized by Corbett's anti-religious statements. Yesterday's Orange County Register reports on the court filing which contains numerous quotations recorded in Corbett's class by plaintiff Chad Farnan.

Missouri's Governor Responds To Christmas Dispute

Today's St. Louis Jewish Light reports on Missouri Governor Matt Blunt's response last month to a dispute over holiday decorations at Missouri State University. After a Jewish faculty member complained about a Christmas tree in one of the University buildings, it was taken down. However a few days later it reappeared with a Hanukkah menorah next to it. The Governor issued a statement on Nov. 29 saying:

I was deeply troubled by MSU's decision to take down a campus Christmas tree. President Nietzel’s reversal of this outrageous decision by University bureaucrats was the only proper decision and I thank him for it. The historical underpinnings and meaning of Christmas cannot be ignored because some university office received a complaint.

Today, I issued a directive to state agencies that no state employee will be reprimanded, cautioned or disciplined for saying "Merry Christmas" to others. I strongly recommend that MSU as well as all other taxpayer supported institutions adopt my policy.

Charter Proposal In Quebec Would Protect Women From Religious Discrimination

Quebec Premier Jean Charest's government has introduced legislation that would modify the preamble to Quebec's Charter of Human Rights and Freedoms to guarantee the Charter's application equally to men and women, according to a report in today's National Post. The proposal, based on a recommendation of the province's Council on the Status of Women, is designed to prevent courts from limiting the rights of women in order to protect religious liberty. Quebec's Charter covers private actions as well as governmental ones. University of Quebec professor Pierre Bosset says that the amendment is not needed because existing provisions in the Charter already prohibits gender discrimination.

The Episcopal Church Incurs High Legal Costs As Members Break Away

Virtue Online yesterday carried an article investigating the amounts being spent on legal fees by The Episcopal Church as local churches break away to join more conservative Anglican provinces. TEC is involved in extensive litigation over rights to the property of the break-away churches. Virtue Online says that the expenditures for 2007 are likely to total over $1 million, and that is without taking account of additional costs TEC will incur from assuming mortgages from church properties to which they may get title.

Preliminary Injunction Sought By Catholic Group Against University of Wisconsin

On Monday, the Roman Catholic Foundation (RCF) at the University of Wisconsin- Madison filed a motion for a preliminary injunction in a lawsuit originally begun in September. RCF is represented by the Alliance Defense Fund which issued a release on Monday's filing and made available the full text of its 32-page memorandum in support of its motion for a preliminary injunction. The suit challenges UW's refusal to allocate student activity funds for RCF events at which students who attended may have worshiped or proselytized. In May 2007, a settlement agreement was reached between RCF and the University, but the current lawsuit alleges that the University has breached the terms of that agreement.

Green Bay Wisconsin Committee Approves Nativity Scene

The latest nativity scene flap comes in Green Bay, Wisconsin, where Green Bay City Council President Chad Fradette got permission from the city's Advisory Committee and Mayor Jim Schmitt so he could put up a nativity scene at City Hall. Fradette pressed the issue after learning that a nativity display in a park in the City of Peshtigo (WI) is being challenged by the Madison-based Freedom From Religion Foundation. Fradette said he wanted to give FFRF "someone a little bit larger than Peshtigo" to pick on, and wanted to "tell the Madison people that Madison values need to stay in Madison". Green Bay's Advisory Committee voted 4-1 to permit the display and to permit others to put up displays representing their religions next to it, pending city approval. Media reports on developments differ in their details. Two reports are from WBAY. One of them says that Fradette will wait until the full city council acts next week before he actually puts up the display. However, today's Green Bay Press-Gazette carries a detailed description of maintenance workers placing the display on the entry overhang of City Hall.

Plaintiff Can Proceed In Claim That Citations Were Aimed At Preventing His Religious Worship

In Price v. Montgomery, 2007 U.S. Dist. LEXIS 90423 (D SC, Dec. 7, 2007), a South Carolina federal district judge rejected defendants' motion for summary judgment in an unusual Free Exercise case. Plaintiff Darnell Price claimed that three tickets issued to him for violation of local ordinances were issued at the direction of City Manager Carolyn Montgomery in an effort to interfere with Price's worship at the Atlantic Beach (SC) CME Mission Church. The court also permitted Price to move ahead with his Fourth Amendment and his malicious prosecution claims.

Church Program Distributing Shoes In Schools Is Questioned

Americans United said yesterday that it has sent letters to school officials in two South Carolina counties objecting to a church-run program that distributes new shoes to needy children in 25 public schools, but asks them to take part in the Christian ritual of foot-washing as part of the program. AU claims that the"Laces4Love" program run by the First Baptist Church of North Augusta (SC) violates principles of separation of church and state. According to the AP, school officials defend the program saying that each child, not school officials, decide if they want to participate in the foot washing. However, AU director Barry Lynn said that merely the fact that the shoes and socks come from a church group and are distributed in the schools by church officials creates church-state concerns.

Lawsuit In Turkey Challenges Italian Team's Uniforms As Offensive To Muslims

In Izmir, Turkey, lawyer Baris Kaska has filed a lawsuit against Inter Milan, an Italian football (soccer) team because the team's uniforms feature a large "Crusader-style" red cross that is offensive to Muslims. Kaska is asking for damages, and also wants UEFA to invalidate the Champions League match played last month in Milan in which Inter beat Fenerbahce, a Turkish team, by a score of 3-0. The Times of London yesterday quoted Kaska who said the crosses on Inter's new uniforms remind him of the Templar Knights and symbolize "Western racist superiority over Islam". He also wants UEFA and FIFA to fine the Italian team for displaying an offensive symbol.

6th Circuit Defines "Substantial Burden" Under RLUIPA

In Living Water Church of God v. Charter Township of Meridian, (6th Cir., Dec. 10, 2007), the U.S. 6th Circuit Court of Appeals held that the religious exercise rights of Living Water Church of God were not substantially burdened when a Michigan township denied it a special use permit that it wanted in order to build a larger church and school on property it owned. The 6th Circuit had not previously defined "substantial burden" for purposes of the Religious Land Use and Institutionalized Persons Act. In this case, the court said:

Although RLUIPA assuredly protects religious institutions in their religious exercise, the statute’s language indicates that it is not intended to operate as "an outright exemption from land-use regulations." [citation omitted]....

We decline to set a bright line test by which to "measure" a substantial burden and, instead, look for a framework to apply to the facts before us. To that end, we find the following consideration helpful: though the government action may make religious exercise more expensive or difficult, does the government action place substantial pressure on a religious institution to violate its religious beliefs or effectively bar a religious institution from using its property in the exercise of its religion?...

While Living Water has outgrown its current facility, the record does not contain the kind of facts that would permit a finding that the building which the church can construct without an additional SUP would be so inadequate as to substantially burden Living Water’s religious exercise in the future.

Judge Moore concurred in the judgment, but would have adopted a different definition of "substantial burden" under RLUIPA:

I would adopt the substantial-burden standard established by the Seventh Circuit.... [It] held that "a land-use regulation that imposes a substantial burden on religious
exercise is one that necessarily bears direct, primary, and fundamental responsibility for rendering religious exercise—including the use of real property for the purpose thereof within the regulated jurisdiction generally—effectively impracticable."

[Thanks to Brian D. Wassom for the lead.]

Utah District Considers Ecclesiastical Boundaries In Drawing School Lines

The Provo (Utah) School District Board of Education will vote tonight on a plan to change elementary school boundaries. The plan moves toward aligning the school boundaries with those of LDS Church wards and stakes. Today's Deseret Morning News says the rationale for considering ecclesiastical boundaries is to keep friends together in order to help them feel safe and succeed in school. Church leaders and parents initiated the proposal to for church boundaries to be considered. Other Utah school districts have considered ecclesiastical boundaries in a similar fashion. Commenting on the proposal, Rabbi David Saperstein, director of the Religious Action Center of Reform Judaism in Washington, D.C., said: "We don't gerrymander our governmental lines around religious parameters. If you need to do that, you'll find school districts, governmental agencies, zoning commissions restructuring all kinds of lines in order to ensure there is religious consolidation and uniformity." However, Derek Davis, former editor of the Journal of Church and State argued that the propriety of the Board's action "depends on what their goals are".

Quebec Commission Holding Hearings On Religious Accommodation

In Canada last February, Quebec's Premier Jean Charest responded to public concern about accommodation of religious practices by creating the Consultation Commission on Accommodation Practices Related to Cultural Differences. (Order In Council). The Commission's website says that it will examine the issues of accommodation broadly, and will examine "the sociocultural integration model established in Québec since the 1970s...[, including] a review of interculturalism, immigration, secularism and the theme of Québec identity. All of this week, the Commission is holding national hearings in Montreal. (List of Monday and Tuesday witnesses.)

One witness on Monday was Claudette Carbonneau, president of the Confederation of National Trade Unions. According to Monday's National Post, she urged that the government of Quebec adopt a new "charter of secularism". Under it employers would not be required to accommodate requests by employees that they be segregated from members of the opposite sex. Students in public schools could not wear restrictive clothing that makes communication difficult. So burkas, niqabs and chadors could be banned in schools. Today's Montreal Gazette reports that leaders of other unions expressed similar views at the hearing. Lucie Grandmont, vice-president of Syndicat de la fonction publique du Québec, told the Commission that civil servants should not wear any religious symbols in order to preserve the secular character of the state.

White House Hosts Hanukkah Reception

Yesterday, at the White House, President Bush hosted a Hanukkah Reception. In his remarks (full text), the President indicated that the menorah that would be used at the ceremony belonged to the grandfather of Wall Street Journal reporter Daniel Pearl. Reporter Pearl was kidnapped and murdered by terrorists in Pakistan in 2002. Daniel Pearl's parents lit the menorah. Earlier in the day, to mark International Human Rights Day, the President met with a group of Jewish immigrants who had emigrated to the U.S. from Iran, Syria and the Soviet Union in order to gain religious freedom. (President's remarks). Two Jewish members of the President's cabinet-- Attorney General Michael Mukasey and Homeland Security Secretary Michael Chertoff-- attended the White House Hanukkah reception. One of the interesting photos of the reception on the White House website shows the President speaking at the Hanukkah gathering in a room dominated by two large Christmas trees.

UPDATE: Another photo shows First Lady Laura Bush with three rabbis during the koshering of the White House kitchen that took place before preparing food for the Hanukkah reception.

Under Maldives Proposed Constitution, Only Muslims Could Be Citizens

In the Maldives, a Special Majlis (constitutional assembly) is attempting to draft a new constitution for the country so that presidential elections can take place in 2008. (Minivan News, Dec. 9). According to the blog Secular Maldives, last month, by a large majority, the Special Majlis voted to add a provision to the new constitution that limits citizenship in the Maldives to Muslims.

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.