Church and State Responses To Same-Sex Couples Continue To Evolve

As the debate over recognizing same-sex couples continues, both church groups and governmental bodies are responding in varied way. The AP today reports that in some liberal churches around the country-- such as some United Church of Christ congregations -- ministers have begun performing only religious marriage ceremonies. They refuse to act as agents of the state to sign civil marriage licenses so long as state law rejects same-sex marriage. Rev. Mark Wade, pastor of a Unitarian Universalist Church in Asheville, N.C., said that the move emphasizes the separation of church and state: "We tell couples to go to the magistrate. I felt I couldn't serve an unjust law." At the same time, in Massachusetts where same-sex marriage is recognized, some conservative pastors refuse to perform the civil portion of marriage ceremonies so that they are not pressured to officiate for same-sex couples.

Meanwhile, Toledo, Ohio yesterday became the largest city in the state to create a domestic partnership registry. Today's Toledo Blade reports that on its first day of operation, eight couples registered with the city as domestic partners. The city ordinance creates the registry for both same-sex and opposite-sex domestic partners. Toledo Mayor Carty Finkbeiner who signed the ordinance last month says that he is a "strong Christian believer" who does not advocate alternative lifestyles, but who does believe in minority rights and diversity. One of those who registered yesterday, Carol Bresnahan, vice provost at the University of Toledo, said that bigotry in the name of religious belief accounts for those who oppose the law. When the ordinance was passed last month, the Ohio's Gay People's Chronicle reported that there are 152 similar registries nationwide.

Nativity Displays Continue In The News As Christmas Approaches

As Christmas day draws near, disputes over governmentally sponsored nativity displays continue to erupt. One in the small town of Exmore,Virginia was the focus of a Washington Post article on Friday that discusses more generally the phenomenon of complaints about holiday displays. According to the Post: “Three national legal groups are involved in the dispute there. They disagree over whether a Christmas tree-shaped ornament the town placed on a nearby telephone pole proves -- or disproves -- that the Nativity scene is just part of a broader, generally secular display.” A bit more background on the Exmore display is in Saturday’s Salisbury (MD) Daily Times.

Friday’s Manitowoc, Wisconsin News discusses the objections to the nativity scene on the local court house lawn raised by the Freedom from Religion Foundation. County Board Chairman Jim Brey’s reaction was: “It's unfortunate that just a few people can choose to be offended out of the blue and disrupt and insult the good people in our community who care very much about the holiday and the meaning for the holiday.” In response to arguments that the display is a town tradition, Rich Bouril, the resident who originally complained about the display, said: “Slavery was a tradition once.”

Finally, in Britain, 18-year old Christopher Geisler will spend both Christmas and New Years in jail after he stole the figures of Jesus and Mary from a nativity scene in front of Worcester’s Guildhall. Geisler, who was already on bail for two assault charges, apparently had been drinking and said he stole the statues “for a laugh”. This is the third year in a row that the nativity scene has been vandalized. According to today's Worcester News, Geisler’s father was upset that he would not be home for Christmas.

One RLUIPA Suit Filed; Another In the Offing

In San Diego, California, the Pacific Beach United Methodist Church has filed a RLUIPA lawsuit after San Diego's Neighborhood Code Enforcement Office threatened to cite the congregation for its use of its building to feed the homeless. Friday’s San Diego Union-Tribune reports that every Wednesday night for 14 years the church has served dinner and offered medical care for homeless men, women and children. The lawsuit alleges that the threatened zoning enforcement action prevents church members “from practicing the fundamental tenets of their Christian religion on their church's property.”

Meanwhile in Litchfield, Connecticut, a RLUIPA suit may be in the offing now that the Historic District Commission has denied an application by a Chabad-Lubavitch Orthodox Jewish congregation to restore and add onto a Victorian house on the edge of the district for use as a synagogue and living quarters for the rabbi. The Commission says it would welcome a proposal to build a much smaller building, but Chabad says that there are already Episcopalian, Methodist and Roman Catholic churches in the same neighborhood that are larger than the proposed new synagogue. The Hartford Courant reported on Friday that this proposal to build the town’s first synagogue has been controversial from its inception, with the Commission chairwoman, who is herself Jewish, called anti-Semitic by by Chabad after she objected to the proposed star of David and the use of Jerusalem stone in the renovated building.

Majority Upholds Witness' Religious Objection to Raising Hand To Be Sworn In

In a 2-1 decision, the Michigan Court of Appeals has upheld the right of a plaintiff in a lawsuit to refuse for religious reasons to raise her right hand when being sworn in at a deposition and at a subsequent hearing. In Donkers v. Kovach, (MI Ct. App., Dec. 18, 2007), the majority opinion held that while raising one's right hand is required by Michigan statue when an oath is administered, the statute does not require the same conduct when, as here, a witness is administered an affirmation instead of an oath. Judge Markey dissenting argued that the statutory provision permitting an affirmation still requires raising of the right hand. He went on to hold that this requirement violates neither the First Amendment's religion clauses nor parallel provisions in the Michigan constitution. She concluded that the requirement is secular in origin and fosters a secular purpose, and that it is a neutral law of general application. Because plaintiff voluntarily chose to bring suit in a Michigan court, she must, Judge Markey ruled, "abide by Michigan's laws and court rules."

Malay Officials Say Christian Paper Must Change Its Translation of "God"

Under Malaysian law, newspaper publishers must obtain annual government permits in order to publish. Today's International Herald Tribune reports that publishers of a Catholic weekly newspaper, The Herald, have been informed that they will not have their permit renewed unless they stop translating "God" as "Allah" in the Malay language version of their paper. Officials say "Allah" may only be used to refer to the Muslim God and may not be used more generically. Instead, according to officials, the paper should use the more term "Tuhan" when referring to God in a Christian context. Internal Security Ministry official Che Din Yusoff says that there are also three other Malay words that may not be used by other religions: "solat" (prayers), "kaabah" (the place of Muslim worship in Mecca) and "baitula" (the house of Allah). However Herald editor Rev. Lawrence Andrew says: "We follow the Bible. The Malay-language Bible uses Allah for God and Tuhan for Lord. In our prayers and in church during Malay mass, we use the word Allah."

UPDATE: The AP reported on Dec. 27 that the Sabah Evangelical Church of Borneo has sued challenging the government's position after it seized children's educational material being brought into the country. Government officials said the Christian books' use of "Allah," could raise confusion and controversy among Muslims.

Denial of Visa To Muslim Scholar Upheld By Court

Yesterday in American Academy of Religion v. Chertoff, (SDNY, Dec. 20, 2007), a New York federal district court upheld the U.S. government's denial of a visa to Tariq Ramadan, a prominent Muslim scholar who had originally been offered a tenured position at the University of Notre Dame, and who later wished to attend other academic events in the United States. The court found that the government had articulated a facially legitimate and bona fide reason to exclude Ramadan. He had contributed funds to an organization which he knew, or should have known, provided funds to Hamas, a Designated Foreign Terrorist Organization. The court refused to pass on the constitutionality of a separate provision of the Patriot Act that excludes from the U.S. any alien who "endorses or espouses terrorist activity". The ACLU issued a release criticizing the decision. It said: "The ACLU continues to believe that Ramadan, a leading European academic whose work addresses Muslim identity and the role of Islam in democratic societies, remains banned due to his political viewpoints."

UN General Assembly Passes Resolution Against Defamation of Religions

Jurist reports that on Tuesday, the United Nations General Assembly adopted a resolution on Combating Defamation of Religions. The resolution, introduced by Pakistan on behalf of countries that are members of the Organization of the Islamic Conference, was passed by a vote of 108 to 51, with 25 abstentions. (UN Press Release). The United States, Canada and a number of Western European nations voted against the lengthy resolution which provides in part that the General Assembly:

8. Deplores the use of the print, audio-visual and electronic media, including the Internet, and any other means to incite acts of violence, xenophobia or related intolerance and discrimination against Islam or any other religion, as well as targeting of religious symbols;

9. Stresses the need to effectively combat defamation of all religions, Islam and Muslims in particular;

10. Emphasizes that everyone has the right to freedom of expression, which should be exercised with responsibility and may therefore be subject to limitations as provided by law and necessary for ... respect for religions and beliefs....

Czech Government and Churches Reach Agreement On Nationalized Properties

In the Czech Republic, a landmark agreement has been reached between a government committee and representatives of 17 religious orders. The Prague Post reported on Wednesday that the agreement deals with Church claims for property that was nationalized by the government after the Communist takeover of Czechoslovakia in 1948. Under the agreement, religious orders and congregations will actually receive back their property-- about 558,000 acres (one-third of the property that was nationalized). Churches and religious groups will receive compensation of $4.6 billion for the remainder of the property, which will then be able to be developed for other uses. Reportedly the compensation will be paid out over a period of 60 to 70 years. The proposed agreement still must be approved by Parliament and signed by President Vaclav Klaus. This seems likely to happen, and the arrangement could go into effect as early as January 2009.

White House Website Answers Questions On Presidential Holiday Decorations

On the White House website, yesterday's Ask the White House featured responses by Amy Allman, Director of the Visitors Office, to questions about White House holiday decorations. Readers learned that there are 33 Christmas trees in the White House this year, that Benjamin Harrison was the first President to place Christmas decorations in the White House, and that 300 pounds of white chocolate was used to make the Gingerbread House that is currently on display.

EEOC Accuses Restaurant Chain of Religious Discrimination Against Muslim

The U.S. Equal Employment Opportunity Commission has filed a religious discrimination claim for back pay and damges against the Atlanta-based Folks Southern Kitchen Restaurants. CBS46 reports that the restaurant refused to hire a Muslim woman, Soumaya Khalifa, for a cashier's position because Khalifa wears a Muslim head scarf. The restaurant claimed that wearing the hijab violates its dress code. The EEOC says that the restaurant should have made reasonable accommodation for Khalifa's religious beliefs.

Trinidad Court of Appeal Rejects Challenge To Trinity Cross Award

In Trinidad & Tobago yesterday, the Court of Appeal affirmed a constitutional ruling handed down last year by a High Court judge (see prior posting). The Court of Appeal held that while the country's Trinity Cross award may be discriminatory against non-Christians, it was issued under letters patent that predate the current Constitution. Under Section 6 of the Constitution, pre-existing laws are not subject to attack for violating the Constitution's Declaration of Rights and Freedoms. Today's Trinidad & Tobago Express says the Court of Appeal ruled that "while the power to confer honours is an executive one, it has the force of law that allows it to qualify as existing law under the provisions of the Constitution." Officials, however, have already decided to change the design of the country's top honor. (See prior posting.)

Staff of Christian Groups Having Difficlty Extending Visas In Israel

In Israel, evangelical Christian groups are having difficulties obtaining long-term visas for their permanent staff to remain in the country, according to reports by the Jerusalem Post and CBN News. Under Israeli law, a special recommendation from the Interior Ministry is required in order for foreign workers to extend their 5-year visas. Extensive turnover in staffing at the Interior Ministry has apparently complicated the problem. While many of the Christian groups have been honored for their work by the Knesset and the Tourism Ministry, Interior officials are not necessarily familiar with the organizations.

Canadian Law School Ends Policy of Cancelling Class for Jewish Holidays

In Canada, a decision earlier this month by the University of Windsor law school to end its long-standing policy of cancelling classes on the Jewish holidays of Rosh Hashanah and Yom Kippur has met with criticism. Today's Windsor (Ontario) Star reports that some non-Jewish students, as well as Jewish students, criticized the change. Muslim students elsewhere in the University fear that the move will hinder their efforts to get classes cancelled for Muslim holidays. The law school's faculty council voted to change its holiday policy because of the increasing diversity of the law school's student body. Dean Bruce Elman said that "the law school should not favor one religious group over other non-Christian religious groups." In making its decision, the law faculty council also agreed to create a task force to draft a plan for "reasonable accommodation" for all religious and cultural groups.

China's President Speaks About Religion In China

China's president Hu Jintao yesterday discussed religious issues at a meeting of the Political Bureau of the 17th Communist Party of China's Central Committee. Today's Shanghai Daily quotes Hu: "We shall fully carry out the Party's policy of free religious beliefs and manage relevant affairs in line with the law." He said that the Party and the government will encourage religious believers to remain patriotic, and that China will use human understanding and aim for mutual respect in dealing with religion. He added: "The Party and government shall reach out to religious believers in difficulties and help them through their problems." Hu emphasized the need for training of religious professionals. Training programs have have already offered religious leaders, theology teachers and government officials training in the history of world religions, ethics, management, psychology and law.

Suit Against California Teacher Continues To Draw Attention

In Mission Viejo, California yesterday, 300 students and former students of Capistrano Valley High School teacher James Corbett joined a rally in his defense after a student in his Advanced Placement European History class filed suit challenging remarks Corbett made in class that were seen to be hostile toward religion and toward traditional Christian views on sexuality. (See prior posting.) Today's Los Angeles Times says that Corbett's supporters praise his teaching and say he instills in students the values of freedom of thought and speech. Near the pro-Corbett rally, supporters of plaintiff Chad Farnan also gathered. Farnan has attracted national attention to the lawsuit by appearing on Bill O'Reilly's Fox TV broadcast. (Video of interview.)

Immigration Judge Releases Imam Pending Visa Appeal

Today's New York Times reports that an immigration judge in Pennsylvania has released Imam Kadir Gunduz on $5000 bond while he appeals his pending deportation to Turkey. Since July 2006, Citizenship and Immigration Services has been conducting site visits to review the status of individuals in the country on religious worker visas. Gunduz has lived in the U.S. for 19 years on a combination of visas. In 2002, he was granted a temporary religious worker visa, and subsequently applied for permanent residency. That application was denied and Gunduz was taken into custody earlier this month when CIS determined that he had changed his status from head imam handling administrative duties at a Pittsburgh mosque to directing a chaplaincy program and working with prison inmates. CIS has become stricter on religious worker visas since a 2005 study revealed a high rate of fraud in the program. (See prior related posting.)

Time's Interview of Russia's Putin Includes Q&A On Religion

Time Magazine has named Russian President Vladimir Putin as its "Person of the Year". Time editor-in-chief John Huey and managing editor Richard Stengel conducted a lengthy interview with Putin. In the full transcript, Putin answered several questions regarding his religious beliefs, and the role of religion in Russia. Here are excerpts:

TIME: One of the issues that is being discussed in our presidential election is the role of faith in government.... What role does faith play in your own leadership and what role should faith play in government and in the public sphere?

PUTIN: First and foremost we should be governed by common sense. But common sense should be based on moral principles first. And it is not possible today to have morality separated from religious values. I will not expand, as I don't want to impose my views on people who have different viewpoints.

TIME: Do you believe in a Supreme God?

PUTIN: Do you? ... There are things I believe, which should not in my position, at least, be shared with the public at large for everybody's consumption because that would look like self-advertising or a political striptease....

TIME: Earlier you used the phrase, Thou shalt not steal. Have you read the Bible?

PUTIN: Yes, I have. And the Bible is on my plane. I fly frequently, you know. And on the plane I use, there is a Bible. I also have an icon there with some sewing on it. I fly long distances. We're a vast country. So I have time there to read the Bible.

TIME: I understand that you don't want to be public with your religion. But is there some way we can characterize your faith?

PUTIN: You could say that it is my deep conviction that the moral values without which humankind cannot survive cannot be other than religious values. Now, as regards a specific church or other establishment, that's a separate matter. As somebody said once, if God exists, he does know that people have different views regarding church.

TIME: Now the situation is emerging whereby the Russian Orthodox Church is apparently becoming a dominating force in Russia. It's the only church that has signed official relations on cooperation with the Ministry of Defense, law-enforcement agencies and the Foreign Office....

PUTIN: .... Our law recognizes four traditional religions in Russia. Our American partners criticized us for that, incidentally, but it has been defined by our lawmakers. These traditional Russian religions are the Orthodox Church, Judaism, Islam and Buddhism.

TIME: .... [I]t's still hardly proper in a secular country for the top military brass of the General Staff under the command of their Chairman to hold a service together with the top hierarchy, as occurred at the Orthodox Church at the Christ the Saviour Cathedral to commemorate the 60th anniversary of the Soviet nuclear bomb.

PUTIN: Well, I would say that if those General Staff brass were Jews, Muslims or Buddhists and would have chosen to celebrate this wonderful event at other religious shrines, I would welcome that. So you cannot talk about the inequality of any of those religions. But still some 80% of the Russians consider themselves Orthodox Christians, which makes the Russian Orthodox Church the largest of them all.

Sudan Sentences Two Egyptian Booksellers On Blaspehmey Charge

A court in Sudan has convicted two employees of an Egyptian publisher on charges of insulting Islam (Sudan Penal Code Sec. 242 and 242A) because of a book they were selling at a book fair in Khartoum. Earth Times yesterday reported that Abdel-Fattah Abdel Raouf and Mahrus Abdel-Aziz were sentenced to six months in prison after they sold a Muslim extremist a copy of Nabil Fayyadh's book about Aisha, the Prophet Muhammad's wife, titled The Mother of the Faithful Devours Her Sons. Hasan Madbouly, co-owner of the publishing house, said that Sudanese authorities had approved the book before it was put on display at the fair. The Egyptian embassy will appeal the convictions and is seeking the release of the two men.

Huckabee Campaign Ad Has Unusual Christian Explicitness

This campaign ad from Republican presidential candidate Mike Huckabee has attracted a good deal of attention. In it, Huckabee says: "Are you about worn out by all the television commercials you've been seeing, mostly about politics? Well, I don't blame you. At this time of year sometimes it's nice to pull aside from all of that and just remember that what really matters is the celebration of the birth of Christ and being with our family and friends."

An AP analysis of the ad-- which is airing in Iowa, New Hampshire and South Carolina-- says that it "is unusual for a presidential candidate in that it is a religious message that excludes all religions except for the predominant Christian faith." Yesterday's Boston Globe says that the ad "is drawing cheers from Christian bloggers, consternation from advocates of church-state separation, and a fair amount of fascination from all sides." Some suggest that the bookshelf in the background was intended to represent a cross. Huckabee yesterday in Houston said that the nation is in serious trouble if reminding voters about the religious meaning of Christmas is politically incorrect. (Houston Chronicle).

Meanwhile, AFP today reports on the reactions of non-believers to the increasingly religious tone of political campaigns.

Youth Minister's Confession To Pastor Protected By Cleric-Penitent Privilege

According to today's Trenton (NJ) Record, a state Superior Court judge in Patterson (NJ) has barred prosecutors from using as evidence in an upcoming sexual assault trial a confession given by a church youth minister to the church's pastor. Pastor Milton Mendez arranged a meeting with youth minister Emerzon Gomez after learning that a 14-year old girl had said she had oral sex with Gomez while Gomez was giving her a piano lesson in her home. Prosecutors argued that Mendez, pastor of a charismatic Catholic congregation, was acting as an investigator, not as a spiritual advisor, when he got Gomez to confess to him. The court, however, decided that the confession is protected by the state's cleric-penitent privilege-- something that Pastor Mendez did not know when police questioned him about his conversation with the accused youth minister.

9th Circuit Remands RFRA Objection To Giving DNA Sample

Yesterday in United States v. Zimmerman, (9th Cir., Dec. 18, 2007), the U.S. 9th Circuit Court of Appeals held that a federal district court wrongly rejected a criminal defendant's objection under the Religious Freedom Restoration Act to providing a DNA sample. The sample was mandated by the 2004 DNA Act (42 USC Sec. 14135a.) The district court had merely held that defendant's beliefs were not religious because they are not central to the Roman Catholic faith in which he was raised. The 9th Circuit remanded saying that RFRA does not require that a belief be central to a mainstream religion. Instead, it ordered the district court to determine the precise scope of the defendant's beliefs, to determine whether they are sincerely held religious beliefs that are substantially burdened by giving a DNA sample and, if so, whether nevertheless this is the least restrictive means of furthering a compelling governmental interest. [Thanks to Sean Sirrine for the lead.]

San Francisco Archbishop Issues Q&A's On Religion and Politics

Following up on the U.S. Conference of Catholic Bishops' guidance on choices facing the electorate (see prior posting), San Francisco Archbishop George H. Niederauer has released a statement, in Question and Answer format, titled Religion and Politics - 2008. Here are some excerpts:

Q: Doesn't separation of church and state mean that religion and politics should have nothing to do with each other?

A: Religion and politics, church and state, should be independent of each other. However, both politicians and religious leaders rightly - and unavoidably - concern themselves with many of the same issues ... and it is only sensible that they communicate and even collaborate on the answers....

Q: Doesn't the moral perspective of the Catholic bishops on the issues facing voters in 2008 simply deny the reality of today's partisan divide and political choices?

A: Yes, the Catholic Church denies the reality and logic of a political structure in which citizens are forced to choose between protecting unborn children and fighting the horrors of global poverty because there are no viable candidates willing to do both. We deny the reality and logic of a political structure that prevents the emergence of candidates pledged to fighting the evil of euthanasia while seeking comprehensive justice on the issue of immigration.

Catholic News Service today reports on the Archbishop's statement.

Boulder City Council Approves Building Of An Eruv

After a discussion of First Amendment concerns, Boulder, Colorado's City Council last night approved by a vote of 5-2 a proposal to lease use of public rights-of-way so an Orthodox Jewish congregation can build an eruv-- a symbolic boundary within which religious restrictions on Sabbath activities can be relaxed. Acting City Attorney Jerry Gordon told Council that because the city already permits residents to lease use of public rights-of-way for cornices, patio seating and other encroachments, it cannot treat applications for religious uses more restrictively. Today's Boulder Daily Camera, reporting on the vote, quoted eruv opponent Councilwoman Lisa Morzel who said: "I believe that there are many people who would be offended with the idea that we are going to take a demarcation for religious purposes to make it convenient for a community to abide by a rule that's 4,000 years old."

Oklahoma City Employees Sue Over Holiday Display Policy

On Monday a federal lawsuit was filed over a Departmental Memo on holiday decorations issued last month by the City Manager of Oklahoma City (OK). The memo tells city employees that holiday decorations in government offices should be religiously neutral-- evergreen trees, snowflakes and reindeer, and not angels, crosses or menorahs. The complaint in Spencer v. City of Oklahoma City, (WD OK, filed Dec. 17, 2007) labels the memo the "Anti-Christmas Memo" and alleges that it violates the speech, free exercise and establishment clauses of the First Amendment as well as the 14th Amendment's equal protection clause. In particular, it asserts that the memo and the city's enforcement of it "has targeted the Plaintiffs religious expression and exercise based solely on its religious viewpoint." Alliance Defense Fund which filed the suit on behalf of two city employees issued a release announcing it and saying: "The attacks on Christmas are simply part of a larger war being waged on anything and everything Christian."

Reporting on the lawsuit, today's Oklahoman says City Manager Jim Couch sent supervisors a follow-up memo on Tuesday saying that his original directive applies only to holiday decorations in public spaces at city office buildings — not decorations in employees' personal work spaces. Many of the allegations in the lawsuit relate to plaintiffs' desire to maintain religious items in one employee's office, and to a Bible kept in an employee break room.

UPDATE: The Tulsa World reports that on Wednesday, U.S. District Court Judge Timothy DeGiusti denied a temporary restraining order in the lawsuit, saying that it was not necessary because of the clarifying memo sent out by the City Manager. UPDATE: The opinion denying the TRO is available on LEXIS: Spencer v. City of Oklahoma City, 2007 U.S. Dist. LEXIS 94675 (WD OK, Dec. 19, 2007).

Teacher's Title VII Religious Discrimination Claim Dismissed

In Amekudzi v. Board of Richmond Public Schools, 2007 U.S. Dist. LEXIS 92275 (ED VA, Dec. 17, 2007), a Virginia federal district court dismissed a Title VII religious discrimination claim brought by a substitute school teacher. Benony Amekudzi alleged that the Richmond public schools "allowed Magic and Witchcraft to be Taught" and invited weather forecasters to give magical powers to control the weather to students, but prohibited him from teaching about Christianity. The court, in rejecting plaintiff's claim, said: "While the RPS must reasonably accommodate Amekudzi's religious beliefs ..., it is not required to permit Amekudzi to turn his classroom into a pulpit. In fact, if it did so, it could be held liable for violating the Establishment Clause."

En Banc Review Sought Of 8th Circuit Decision On Faith-Based Prison Program

The state of Iowa and Prison Fellowship Ministries are seeking en banc review from the U.S. 8th Circuit Court of Appeals in Americans United for Separation of Church and State v. Prison Fellowship Ministries, Inc., (8th Cir., Dec. 3, 2007). The AP yesterday reported on the filing of the motion which seeks review of a decision by a 3-judge panel earlier this month. The panel concluded that a state funded faith-based inmate rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. (See prior posting.)

Visits By Conservative Christian Leaders To White House Must Be Disclosed

In Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, (D DC, Dec. 17, 2007), a federal district court has ordered the Secret Service to release records of visits to the White House and to Vice President Dick Cheney's residence by nine prominent conservative Christian leaders. Reuters, reporting on the decision, says it could shed light on the extent to which religious leaders such as James Dobson affect policies of the Bush administration. The court held that the visitor records are "agency records" under the control of the Secret Service that must be disclosed under the Freedom of Information Act. Citizens for Responsibility and Ethics in Washington (CREW), which made the FOIA request, is a self-described government watchdog group.

UPDATE: The White House on Thursday asked federal district court Judge Royce C. Lamberth to stay enforcement of his order to release records while his decision is appealed. (AHN)

UPDATE: On Friday, the federal district court granted the White House's motion, allowing the logs to be kept secret until the Court of Appeals rules in the case. (AP)

RLDS Church Wins Preliminary Injunction Protecting Its Trademarked Name

In Community of Christ Copyright Corp. v. Miller, 2007 U.S. Dist. LEXIS 90531 (WD MO, Dec. 7, 2007), a Missouri federal district court granted a preliminary injunction barring a Raytown, Missouri church from using the federally registered trademarks "Reorganized Church of Jesus Christ of Latter Day Saints" and "RLDS". Defendant church is one of the breakaway "Restoration Branches" of the RLDS church. The court rejected defendant's claim that the marks are generic and also rejected its fair use defense. The court ordered defendant to change its signage and to cancel ads using the protected trademarks. [Thanks to Brian D. Wassom for the lead.]

Green Bay's Holiday Display Attempts Create Problems

Things seem to have gotten a bit out of hand with holiday displays in Green Bay, Wisconsin. As previously reported (1, 2), City Council President Chad Fradette put up a nativity scene, and city council invited other religions to place their own displays up as well. Quickly a Wiccan pentacle joined the creche. Today's Green Bay Press Gazette reports that overnight, someone stole and damaged the Wiccan display. Meanwhile, yesterday Mayor Jim Schmitt announced a moratorium on new displays until City Council has a chance tonight to consider proposed guidelines. That angered two people who had brought displays-- a Unitarian Universalist who wanted to put up a peace sign and another individual who wanted to display a decorated cross wrapped in American flag cloth to symbolize the improper merging of church and state. Other proposed displays included ones for Festivus and a "Flying Spaghetti Monster" display. The mayor's proposed guidelines limit the size of displays, provide they cannot contain written words, lights or electronic devices, and require the symbol to be one of a religious holiday celebrated between Dec. 8 and 31.

UPDATE: On Tuesday evening, Green Bay City Council voted to leave Fradette's nativity display up until Dec. 26, to impose a moratorium for now on any other religious displays, and to eventually draw up a set of guidelines for future displays. The Council vote was 6-6 with Mayor Schmitt breaking the tie. Schmitt on Wednesday ordered city maintenance workers to move a Christmas tree and wire reindeer next to the nativity display to secularize the display. He said Liberty Counsel advised him that his Santa Claus-and-reindeer display on City Hall's other main entrance was already sufficient to do that. Meanwhile the Freedom from Religion Foundation is talking with possible plaintiffs in order to file a lawsuit. (Green Bay Gazette, Dec. 20).

Saudi King Pardons Rape Victim Sentenced For Meeting With Man

Today's New York Times reports that Saudi Arabia's King Abdullah has pardoned a rape victim who, in a high profile case, was sentenced to 200 lashes and six months in jail for meeting her boyfriend in a car, unaccompanied by a male relative. The woman was partially dressed in the car when she was attacked by seven men who raped her. Her sentence, imposed under Islamic law administered by Saudi courts, had been widely criticized. (See prior posting.) The woman, who has now married, was not jailed while she appealed her conviction. There have been reports that the woman's brother tried to kill her to vindicate the family's honor. Saudi Minister of Social Affairs, Abdul Mohsin al-Akkas, said that if the woman needs housing to protect her after her pardon, the government will offer it to her.

CLS At University of Montana Sues Over School's Refusal To Grant Recognition

The Christian Legal Society chapter at the University of Montana law school has filed suit in federal district court challenging the Student Bar Association's refusal to recognize the organization and provide it with funds for its activities. The complaint (full text) in Christian Legal Society v. Eck, (D MT, Dec. 14, 2007), alleges that the SBA Executive Board originally recognized the CLS group, but revoked that recognition after a student body vote rejected an SBA budget that included funding for CLS. The law school's dean upheld the SBA decision. In derecognizing the CLS chapter, the SBA Executive Board said that the Chapter's requirement that voting members and officers agree with its Statement of Faith, including sexual abstinence outside of heterosexual marriage, violates the SBA's non-discrimination rule. The suit alleges that CLS's First Amendment rights of expressive association, free speech and free exercise of religion have been infringed. Alliance Defense Fund issued a release announcing the filing of the lawsuit.

As UN Votes On Death Penalty, Islamic Countries Seen As Block To Abolition

Earth Times reports that today the United Nations General Assembly will vote on a resolution (full text) calling for a moratorium on the death penalty. The resolution also calls on nations that still maintain the death penalty to respect international standards protecting the rights of defendants in capital cases. In Rome, AKI interviewed former French justice minister Robert Badinter, author of a new book, Against the Death Penalty. Badinter told AKI that the major obstacles to abolishing the death penalty world-wide are regimes run by Islamic fundamentalists. He says that reform within Islam is a prerequisite to success: "If for example, the Moroccan sovereign, who is said to be a direct descendant of the [Islamic] prophet, and who shares the roles of head of state and religious leader, decides to abolish the death penalty, then we find ourselves with an instrument in our hand which can be used to start a dialogue with other Islamic countries."

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.]