Trial Focuses On Amish Refusal To Use Lights and Triangle On Buggies

A Graves County, Kentucky District Court on Monday heard testimony in a case in which three Amish men were cited for not having flashing lights and an orange triangular symbol on their slow-moving buggies. The AP reports that Judge Deborah Crooks delayed issuing a decision in order to give attorneys time to submit post-trial legal memos in the case that pits safety laws against religious beliefs. The required triangular symbol is viewed as "worldly" by the Amish. During the trial, Defendant Jacob Gingerich said, "I have trust in God, not in a symbol."

Survey Shows Support For Religion In the Public Arena

Last week, Ellison Research released a poll of 1,007 American adults on church-state issues. Here is an excerpt from the release summarizing the results of the poll which asked respondents whether various practices should be legal:

• 90% feel the law should support religious groups renting public property ... for meetings if non-religious groups are allowed to do so.


• 89% say it should be legal for a public school teacher to permit a “moment of silence” for prayer or contemplation for all students during class time.


• 88% believe it should be legal for public school teachers to wear religious symbols ... during class time.


• 87% say voluntary student-led prayers at public school events ... should be legal.


• 83% believe the display of a nativity scene on city property ... should be legal.


• 79% say it should be legal to display a copy of the Ten Commandments inside a court building.
  
  Out of nine such scenarios presented to people in the study, only three do not show this level of unified thought:


• 60% believe the display of a scene honoring Islam on city property, such as a city hall, during Ramadan ... should be legal (even though 83% thought a nativity display should be legal).


• 52% believe it should be legal for a religious club in a high school or university to determine for itself who can be in their membership, even if certain types of people are excluded.


• 33% say it should be legal for a landlord to refuse to rent an apartment to a homosexual couple.

Baptist Press yesterday discussed the poll results more extensively.

Nevada Caucus Timing May Disenfranchise Observant Jews

Nevada's Republican and Democratic caucuses next Saturday pose a unique religious liberty problem for observant Jews in the state. Unlike primaries and general elections where voters can use absentee ballots, caucuses require voters to show up at set times. Those times conflict with the typical time for Jewish Sabbath morning services. Just Engage blog reported last week:

When I called the political parties in Nevada to inquire as to whether or not there were measures being taken to help accommodate those observant Jews who wished to participate in the caucuses, I received mixed results. A young Jewish woman at the Nevada Democratic Party told me that they had tried to put caucus-sites near religious neighborhoods and synagogues so that people could walk; precinct captains would be educated about the need to write down information on behalf of observant Jews instead of asking them to sign-in and write themselves. A gentleman at the Nevada Republican Party told me that the party was not even aware of the problem, but promised to make an effort to educate precinct captains on the issue. Neither had an adequate answer as to why the caucuses had to take place on a Shabbat morning.

The problem is more than theoretical in Nevada. The state, according to Just Engage, has a rapidly growing Jewish population estimated to total between 65,000 and 80,000.

Alberta Commission Begins Hearings On Publication of Muhammad Caricatures

In Canada on Friday, the Alberta Human Rights and Citizenship Commission began hearings on the publication of controversial Muhammad cartoons two years ago by the Western Standard. Syed Soharwardy, head of the Islamic Supreme Council of Canada, and the Edmonton Muslim Council filed the complaints. Western Standard publisher Ezra Levant was defiant. Friday's National Post quoted Levant, who said: "I don't need to be reasonable. I have maximum rights of free speech. I have the right to publish this for the most offensive reason, for the most unreasonable reasons." To emphasize his point, yesterday Levant republished the cartoons on his blog which also contains extensive details on the Commission hearings. Meanwhile yesterday's National Post also reported that Soharwardy now fears for his family's safety because of things written about him on Levant's blog. Here is a transcript of Levant's defiant opening remarks before the Human Rights Commission.

Right Wing Austrian Politician Makes Scathing Anti-Muslim Remarks

In Graz, Austria, the public prosecutor's office is looking at whether right wing politician Susanne Winter violated laws against promoting racial hatred by making virulent anti-Muslim remarks at a recent meeting of the Freedom Party of Austria. The Weiner Zeitung reported yesterday that Winter, who heads the FPO list for next Sunday's municipal election, would face up to two years in prison if convicted of violating the racial hatred laws.

White House Proclamation On Religious Freedom Day Issued From Saudi Arabia

The White House has again this year issued a Proclamation declaring January 16 as Religious Freedom Day, marking the anniversary Virginia's passage in 1796 of the Statute for Religious Freedom . Interestingly, the Proclamation was disseminated yesterday in a press release from Riyadh, Saudi Arabia where the President is traveling. The following language in the Proclamation may have been intended as commentary on restrictions imposed by the Saudis on religious liberty:

In an era during which an unprecedented number of nations have embraced individual freedom, we have also witnessed the stubborn endurance of religious repression. Religious freedom belongs not to any one nation, but to the world, and my Administration continues to support freedom of worship at home and abroad.

Justice Ginsburg Reflects On Role of Her Jewish Heritage

Today's Washington Post reports on remarks by Supreme Court Justice Ruth Bader Ginsburg last week on the role her Jewish heritage plays in her life. Speaking at a D.C. synagogue during a pre-screening of the PBS series on Jewish Americans, Ginsburg said she is not religiously observant, though she was raised in an observant household. She says her estrangement from religious observance came when as a teenager she was not counted toward a prayer "minyan" after the death of her mother. Ginsburg says that she and Justice Breyer are "are justices who happen to be Jews", instead of "Jewish justices". None of the anti-Semitism that faced the first Jewish justice, Louis Brandeis, surfaced during her appointment, she said.

New Dharma Stock Indexes Announced

Dow-Jones announced today that it is launching a new series of stock indexes-- the Dow Jones Dharma Index series. The new indexes are designed to measure the performance of stocks selected according to the values of Dharmic religions, especially Hinduism and Buddhism. Noting the growth of faith-based investing, Nitesh Gor, CEO of Dharma Investments which co-developed the indexes, said: "The Dow Jones Dharma Index brings together a combination of environmental, social, governance and traditional sin sector filters. As such, the Index is unique and will not just have appeal to the religious, but to a far broader audience as well."

Indigenous Group In Malaysia Sues Over Demolition of Church

The AP reports today that in the Malaysian state of Kelantan, the Temiar community has filed suit in the high court challenging the state's demolition of their church building. The government, controlled by the Pan Islamic Party, claims that the Christian church was built on state-owned land and that villagers ignored notices to stop construction. The indigenous tribe claims ownership of land on which they have lived for generations. They claim the government-- which has built a community hall to replace the church-- is discriminating against Christianity.

Israel's Knesset Skeptical of Cabinet Decision On Religious Affairs Ministry

In Israel, the government is having difficulty mustering enough support in the Knesset to get ratification of the Cabinet's vote last week to reestablish the Religious Affairs Ministry. Yesterday's Jerusalem Post reported that the government cancelled last Tuesday's scheduled Knesset vote when it became apparent it lacked a majority for the proposal. Critics are concerned that giving control of the Ministry to Shas MK Yitzhak Cohen might lead to hiring of religious officials by political affiliation instead of merit selection. Shas leaders in the Knesset say they think they can get a majority for the proposal in a vote today.

Another Opinion on Religion In the US Presidential Campaign

Today's Asia Times reprints an interesting piece by University of Colorado professor Ira Chernus on the changing use of religion in the U.S. presidential campaign. He says:

[I]n the better years of the previous century, candidates used religion mostly as an adjunct to the real meat of the political process, a tool to whip up support for policies. How times have changed. Think of it, perhaps, as a way to measure the powerful sense of unsettledness that has taken a firm hold on American society. Candidates increasingly keep their talk about religion separate from specific campaign issues. They promote faith as something important and valuable in and of itself in the election process. They invariably avow the deep roots of their religious faith and link it not with issues, but with certitude itself. Sometimes it seems that Democrats do this with even more grim regularity than Republicans....

So, when it comes to religion and politics, here's the most critical question: Should we turn the political arena into a stage to dramatize our quest for moral certainty?

USCIRF Says Bush Should Raise Religious Freedom Issues With Saudis

President George W. Bush, on a tour of the Middle East, today heads for Saudi Arabia. (BBC News.) In anticipation of Bush's visit, last week the U.S. Commission on International Religious Freedom issued a statement urging the President "to raise the critical issue of ongoing Saudi violations of the freedom of religion and other human rights when he meets with Saudi leaders." It called for Bush to seek the release of all religious prisoners in Saudi Arabia, including 17 Ismailis in Najran. The USCIRF statement decried the power given to religious police in Saudi Arabia and the impact on rights of women flowing from the government's strict enforcement of Islamic principles.

Recent Scholarly Articles of Interest

From SSRN:

• Ashlie C. Warnick, Employment Discrimination by Religious Schools Participating in Voucher Programs, (January 9, 2008).
  
• Patricia Salkin & Amy Lavine, The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government, (January 3, 2008).

Huckabee Splitting Evangelical Political Support

David Kirkpatrick writes on the front page of today's New York Times that Mike Huckabee's candidacy is splitting the evangelical movement's political support, as the Michigan and South Carolina primaries approach. "Old guard" evangelical leaders are "wary of his populist approach to economic issues and his criticism of the Bush administration’s foreign policy." However younger, grass roots evangelicals are enthusiastic about Huckabee's emphasis on social justice issues. While the Huckabee campaign has not spent money in Michigan, conservative Christian activist Gary Glenn, from Midland, is leading an informal get-out-the-vote effort. Many young evangelicals are signing up for online meet-up groups, and volunteers are aiming their campaign at Michigan Catholics as well as evangelicals. Grass Roots efforts around the country are being coordinated through an unofficial website known as Huck's Army.com.

Opposition Surfaces To Protection of Sacred Native American Site

In his State of the State Message (full text) on Jan. 8, South Dakota Governor Michael Rounds called for the legislature to appropriate $250,000 to combine with other federal and private funds to purchase conservation easements on land around Bear Butte, a sacred site for Native Americans. However, according to today's Rapid City Journal, Meade County Commissioner Dayle Hammock opposes the easement plan, in part because it would improperly show government favoritism toward Native American religions. He is also concerned about using state funds to restrict private development. At a "legislative cracker barrel" yesterday, at least one state legislator said he would oppose the expenditure despite a plea from state Sen. Tom Katus to restrict development around the Butte in order to respect the spiritual values of Native Americans.

Florida Chabad Excluded From Shopping Plaza Wins RLUIPA Claim

A Florida federal district court ruled on Friday that Cooper City, Florida violated the Religious Land Use and Institutionalized Persons Act by excluding houses of worship from commercial areas. Yesterday's Florida Sun-Sentinel reports that the court ruled in favor of Chabad of Nova, holding that zoning rules permitting vocational schools, day care centers and movie theaters, but not religious congregations, in shopping plazas are discriminatory because they treat religious assemblies on less than equal terms with nonreligious assemblies. The city had argued in part that the term "public assembly" in RLUIPA is vague. City Commissioner Elliot Kleiman said: "The intent was never to discriminate against houses of worship but to make the best use of shopping areas for the public." Chabad, however, argued that the city was attempting to protect its tax base. (See prior related posting.) Still remaining to be decided are a number of othe counts in Chabad's complaint, including a request for an award of damages.

Many Georgia Schools Not Offering Courses In Bible As History and Literature

Today's Macon (GA) Telegraph reports that despite the Georgia State Board of Education's approval last year of courses in the Bible as history and literature (see prior posting), at least ten school systems in central Georgia are not offering the courses in their high schools. Their reasons are varied-- cost, scheduling problems, church-state concerns and problems in finding impartial teachers. A spokesperson for the Hancock County school system said: "We found that since many of our students have such a strong spiritual upbringing that is firmly grounded in Christianity, there was very little interest on the part of the students to take such a class."

Islamic Charity Officials Convicted of Lying In 501(c)(3) Application

A federal district court jury in Boston on Friday convicted three officers of Care International, a now defunct Islamic charity, on eleven counts of conspiracy to defraud the United States and conspiring to conceal material facts from the Internal Revenue Service. Yesterday's Worcester (MA) Telegram reports on the case. The government's indictment claimed that defendants withheld information about Care's support of jihad and mujaheddin in various countries when they applied for 501(c)(3) tax exempt status for Care International. (See prior posting.) The government also claimed that Care International was a successor to a group linked to the 1993 World Trade Center bombing.

Loud Bible Reading On Bus Violates System's Rules

Yesterday's Ft. Worth (TX) Star-Telegram reports on a Dec. 29 incident on the Ft. Worth bus system. Christine Lutz, a Seventh-day Adventist, was asked to get off the bus after she disrupted passengers by reading the Bible loudly to her children. Lutz ignored the request and rode to her destination. In a letter to the Ft. Worth Transportation Authority, Liberty Legal Institute has asked the Authority to distribute a policy letter to employees making it clear that passengers are permitted to read the Bible in a normal conversational voice. The Authority has posted an explanation on its website, stating: "It was not what she was reading, it was the very loud and disruptive volume" that led to the bus driver calling a supervisor to enforce the rule against loud and disruptive behavior.

School Attorney Nixes Biblical Verse On Graduation Announcements

In Finn Rock, Oregon, the school district's attorney has told Mc­Kenzie High School students that they may not adopt a Biblical verse to use on official graduation announcements. Saturday's Eugene (OR) Register-Guard reports that students wanted to use a verse from Isaiah that had been read at a funeral of a classmate last summer. Even though the students modified Isaiah 40:31 to delete explicit references to God, school attorney Bruce Zagar advised the school district that both the state and federal constitutions "prevent any public entity from taking any action which establishes, sponsors, supports or otherwise condones a particular religion or religious belief." McKenzie Superintendent Sally Storm told students that it would be more appropriate to use the verse at a privately sponsored baccalaureate service. Students say the modified verse: "They that believe shall mount up with wings as eagles", would have been particularly appropriate because the school's sports teams are know as the Eagles.

New Documentary on Faith In Politics Opens Next Week

On Tuesday, a new documentary on the role of faith in politics, produced by Living Biography Media, opens in selected theaters and becomes available on DVD (press release). The move, Article VI, is the result of two years' work by director Bryan Hall who traveled the country talking with people about the topic. More information is available at the movie's website.

DC Circuit Holds RFRA Inapplicable To Non-Resident Aliens In Gitmo Case

In Rasul v. Myers, (DC Cir., Jan. 11, 2008), two of the three judges ruling on a suit brought by a group of former Guantanamo detainees, held that the Religious Freedom Restoration Act does not protect the religious exercise rights of non-resident aliens. The majority held that non-resident aliens are not "persons" as that term is used in RFRA-- an interpretation which the majority says is consistent with the interpretation of "person" in the 4th and 5th Amendments. Judge Brown disagreed with the holding that non-resident aliens are not "persons", but she concurred in the dismissal of plaintiffs' religious abuse claims finding that Congress intended to provide a cause of action only for individuals whose religious exercise is protected by the First Amendment. The Baltimore Sun, the Miami Herald and the AP all reported on the case which had been brought by four released British prisoners who claim torture and religious abuse while they were held at Guantanamo. (See prior posting on district court's decision in the case.)

Court Bars Deportation of Christian Facing Torture In Egypt

In Khouzam v. Hogan, (MD PA, Jan. 10, 2008), a Pennsylvania federal district court barred the government from deporting an Egyptian national who had previously been tortured by Egyptian law enforcement officials because of his Coptic Christian religious beliefs. Sameh Khouzam is charged by Egyptian officials with murder. The district court held that it is not enough that U.S. authorities have diplomatic assurances from Egypt that Khouzam will not be tortured if returned there. The Convention Against Torture, as implemented by the Foreign Affairs Reform and Restructuring Act, prohibits extraditing a person to a country where there are substantial grounds for believing he would be subjected to torture. The Due Process Clause requires a review of the diplomatic assurances by an impartial adjudicator. The ACLU yesterday issued a release praising the decision.

Appeal Filed By Muslim Police Officer Seeking To Wear Khimar

An appeal has been filed in Webb v. City of Philadelphia, a case in which a Pennsylvania federal district court rejected a Title VII religious discrimination claim brought by a Muslim police officer who wanted to cover her head for religious reasons with a khimar. (See prior posting.) Today's Philadelphia Daily News reports that the appeal has been filed and is now backed by several organizations, including the ACLU. The Philadelphia police department argues that the khimar violates its uniform requirements and could interfere with job performance.

Watchdog Group Asks IRS To Investigate Funding of Texas Restoration Project

The Texas Freedom Nework has written the IRS (full text of letter) asking it to investigate whether the Niemoller Foundation, a 501(c)(3) organization, engaged in improper partisan political activity in 2005. In a press release yesterday, TFN said that the Foundation spent $1.26 million to fund the activities of the Texas Restoration Project. The Texas Restoration Project hosted thousands of pastors and their spouses at six "Pastors’ Policy Briefings", during which Governor Rick Perry, then seeking reelection, spoke. TFN charges that "speakers and organizers were enthusiastic in their praise for Gov. Perry at each of the events. They also encouraged pastors at the gatherings to mount voter registration drives and turn congregants out at the polls. The group's ostensible goal was to win voter approval in November 2005 for a state constitutional amendment barring same-sex marriage and civil unions. Those efforts, however, appear to have masked a sophisticated voter identification and mobilization strategy intended to benefit the Perry campaign in 2006..." Yesterday's Dallas News reports on developments and denials by the governor's office of any improper conduct.

European Muslims Sign Charter Pledging Respect For Civil Law

In Brussels yesterday, representatives of 400 Islamic organizations in Europe signed a European Muslims' Charter of Values that had been drafted by the Federation of Islamic Organisations in Europe. KUNA and AKI report on developments. The 26-point document emphasizes that "Muslims of Europe respect the laws of the land and the authorities that uphold them and as European citizens Muslims of Europe consider it their duty to work for the common good of society."

Commons Passes Criminal Justice Bill; Debates Hate Speech and Blasphemy

On Wednesday in Britain's House of Commons the Criminal Justice and Immigration Bill went through its Third Reading after members dealt with two different amendments relating to the expression of religious views. According to Catholic Online today, the government defeated an attempt to amend the ban on incitement to hatred of homosexuals. The amendment was drafted by arms of the Catholic Bishops' Conference and the Church of England which feared that the ban could lead to police harassment of religious leaders who criticize homosexual behavior. However Maria Eagle, undersecretary of state for justice, assured Parliament that "proper guidance and training" would prevent overzealous policing.

Meanwhile, as previously reported, inserting a provision to repeal of Britain's blasphemy laws was postponed pending the government's consultation with the Church of England. While the Church of England is open to the idea of repeal (Guardian, Jan. 10), Britain's Evangelical Alliance is more skeptical, calling for broader consultations. Friday's Christian Today quotes Dr. Don Horrocks, Head of Public Affairs at the Evangelical Alliance: "When Parliament prioritises the abolition of legislation it is not a neutral act. It sends out a signal to society about what values it considers to be important. In this case the message suggests that there is no longer a place for respect for the sacred in society."

Recent Prisoner Free Exercise Cases

In Sandeford v. Plummer, 2007 U.S. Dist. LEXIS 95403 (ND CA, Dec. 21, 2007), a California federal district judge found that a Muslim inmate raised free exercise claims regarding failure to furnish an Islamic diet, restrictions on his Islamic dress, access to religious services and impairment of his holy day celebrations. However the court dismiss the claims with leave to amend to name each defendant who violated his rights. The court took similar action as to plaintiff's equal protection claim regarding wearing of his Kufi head covering.

In Amaker v. Goord, 2007 U.S. Dist. LEXIS 92824 (WD NY, Dec. 18, 2007), a New York federal district judge accepted a magistrate's report and recommendations in two related cases. In Attica prison, a correction officer had removed several Nation of Islam members from religious instruction and told them "to either change their religion or cut their hair" because "only Rastafarian[s] could wear dreadlock[s]." The magistrate recommended that defendants be enjoined from barring plaintiffs from NOI services and classes and from punishing plaintiffs for refusing to cut their hair or change their religious affiliation. The two decisions from the federal magistrate judge are Amaker v. Goord, 2007 U.S. Dist. LEXIS 95373 (March 9, 2007) and Fluellen v. Goord, 2007 U.S. Dist. LEXIS 95374 (March 12, 2007).

Ingram v. Craven, 2008 U.S. Dist. LEXIS 1377 (D ID, Jan. 8, 2008) involves a damage claim by a former inmate objecting to a recommendation that he be denied parole because of his refusal to participate in a religious-based AA/NA substance abuse program. After finding some of the defendants had absolute immunity, an Idaho federal district judge ordered the claim against one remaining defendant to be taken to mediation.

Colorado County Settles RLUIPA Suit, Permits Church To Build

Yesterday's Aspen (CO) Times reports on the settlement of a RLUIPA lawsuit by Pitkin, Colorado County Commissioners. The settlement will allow Grace Church of the Roaring Fork Valley to build a new facility on an 18.5 acre parcel in Emma, Colorado, subject to limits on future expansion. Attorneys will now negotiate damages for the construction delay.

Court Strikes Down Gideon Bible Distribution In Elementary School

Yesterday in Roark v. South Iron R-1 School District, (ED MO, Jan. 8, 2008), a Missouri federal district court held that a Missouri school district's policy permitting adult members of Gideons International to distribute Bibles to elementary school students on school property during the school day violates the Establishment Clause. Both an earlier policy that permitted distribution in the classroom, and a subsequent policy that limited distribution to the cafeteria and in front of administrative offices, were undertaken for the purpose of promoting Christianity and have the effect of endorsing religion to impressionable elementary school students. Banning distribution does not constitute impermissible viewpoint discrimination. The court left open for future determination the claim that the practice also violates the Missouri state constitution. The AP reported yesterday that Liberty Counsel, representing the school board, said an appeal would be filed. The 8th Circuit has already upheld the district court's grant of a preliminary injunction in the case. (See prior posting.)

Bush To Visit Christian Holy Sites During Mideast Trip

AFP yesterday reported that during his current trip to Israel and the Palestinian territories, President Bush will visit a number of Christian holy sites. Today he will travel to Bethlehem. Jesus' birthplace. On Friday he will fly to the Sea of Galilee where Jesus delivered many of his sermons, will visit the ruins of Capernaum, the village where Jesus later lived, and Mount of the Beatitudes, where Jesus likely delivered his Sermon on the Mount. In addition to visiting Christian sites, Bush will tour Yad Vashem, the Holocaust Museum in Jerusalem, an obligatory stop for every visiting head of state. The White House website features an ongoing log on the trip by Press Secretary Dana Perino.

1st Circuit Sides With Army Doctor In Her Conscientious Objector Claim

In Hanna v. Secretary of the Army, (1st Cir., Jan. 9, 2008), the U.S. 1st Circuit Court of Appeals in a 2-1 decision held that the Army's Conscientious Objector Review Board had no basis in fact for denying conscientious objector status to Army doctor, Captain Mary Hanna. It rejected the Army's reliance on the timing of Hanna's claim and its argument that Hanna’s beliefs were not gained through rigorous training, study or contemplation. Chief Judge Boudin, dissenting, argued that pacifism is not a belief of Hanna's Coptic Church, that her position could not easily be described as reflecting rigorous study, and that the timing of her application could be considered as a factor. The majority's decision affirmed last year's decision by a Massachusetts federal district court. (See prior posting.) Today's Boston Globe reports on the 1st Circuit decision. [Thanks to How Appealing for the lead.]

Voter ID Oral Argument Includes Exchange On Religious Objectors

In yesterday's oral arguments (full transcript) in the U.S. Supreme Court in Crawford v. Marion County Board of Elections-- a challenge to Indiana's voter identification law-- the following exchange took place between Justice Scalia and Paul Smith arguing on behalf of petitioners:

JUSTICE SCALIA: ... In this case you're claiming there's a problem for people who, for religious reasons, don't want to have their photograph taken. Do we know that if that's the reason that they assert, I can't get the photograph, the State will say you can't vote?

MR. SMITH: I must be misunderstanding. We have every reason to think that they will let them vote. The only problem with that exemption, like the indigency exception, is that it's kind of gratuitively burdensome in that you have to go down to the county seat to vote every time; you can't vote in your polling place because you have to fill out this affidavit every time you vote.

The added burden on Amish, Mennonites and others in the state who have religious objections to being photographed for an ID card was discussed more fully in Petitioner's brief as well as in an amicus brief filed by the League of Women Voters. (See prior posting.)

Indiana Senate Moves To Non-Sectarian Opening Prayer

Facing threats of a lawsuit, Indiana' Senate on Tuesday switched to a non-sectarian opening prayer. Yesterday's Indianapolis Star reports that the ACLU, which had previously sued the Indiana House to challenge its sectarian opening prayers, had threatened a similar suit against the Senate after it opened with an overtly Christian prayer in November. (See prior related posting.)

NJ Civil Rights Division Refuses To End Probe of Pavilion Barring Civil Unions

According to yesterday's Bridgewater (NJ) Courier News and today's Asbury Park Press, the New Jersey Division on Civil Rights (DCR) has denied a motion filed by the Ocean Grove Camp Meeting Association to dismiss complaints filed against it by two lesbian couples. The DCR is investigating the Camp Meeting Association's refusal to permit civil unions at its Boardwalk Pavilion. A central issue is whether Camp Meeting Association is a religious organization that is exempt from the public accommodation provisions of New Jersey's Law Against Discrimination. (See AG Formal Opinion No. 1-2007). The ACLU of New Jersey representing complainants argues that the Association is separate from its parent organization, the United Methodist Church. Even though the New Jersey Supreme Court ruled in 1979 that the Association is a religious organization, DCR is looking into whether its status has subsequently changed. (See prior related posting.)

8th Circuit Denies En Banc Review of Decision on Faith-Based Prison Program

The Quad City Times reports that yesterday the U.S. 8th Circuit Court of Appeals denied en banc review in Americans United For Separation of Church and State v. Prison Fellowship Ministries. Last month, a 3-judge panel concluded that a state funded faith-based rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. (See prior posting.)

Compromise Reached On Repeal of British Blasphemy Laws

In Britain's House of Commons yesterday, Liberal Democratic MP Evan Harris withdrew his proposed Criminal Justice bill amendment that would have abolished Britain's blasphemy laws after Justice Minister Maria Eagle promised a compromise. The government will consult with the Church of England, and subject to those discussions the government will propose amendments to abolish the offences of blasphemy and blasphemous libel when the bill reaches the House of Lords. BBC News yesterday and The Guardian today report on these developments, and Ekklesia has further background on efforts to repeal the laws. (See prior related posting.) [Thanks to Matthew Caplan for the lead.]

Russia Reasserts Control Over Orthodox Cathedral In France

Last spring, a 1917 split between the Orthodox Church in Russia and congregations outside Russia was largely healed as leaders of the Church Abroad reconciled with the Church in Russia. However some Orthodox congregations in Europe and the United States have refused to go along with the reconciliation. (See prior posting.) In France, Russian authorities are taking steps reassert control over the dissident congregations. Today's New York Times reports that lawyers for the Russian government have obtained a court order from a French court permitting them to proceed with an inventory of the building and contents of the Russian Orthodox Cathedral of St. Nicholas in Nice. Russian diplomats in Paris say the church was leased by Czar Nicholas II to the archbishop of St. Petersburg, and that the 99-year lease expired on Dec. 31, 2007. So, they say, the property should revert to the Russian state.

British Airways Employee Loses Suit Over Rules On Jewelry

British Airways employee Nadia Eweida who was seeking back pay and damages after she was temporarily suspended for wearing small cross around her neck has lost her suit in a Reading Employment Tribunal. While the airline eventually changed its uniform rules to permit employees to wear religious symbols (see prior posting), the Tribunal ruled yesterday that Eweida did not suffer religious discrimination because she was not treated less favorably that others in similar circumstances. The airline's prior rules precluded wearing of jewelry unless it could be hidden from view. Today's London Telegraph , The Mirror and Personnel Today all report on the Tribunal's ruling.

Does School's Santa Hat Ban Amount To Religious Discrimination?

What counts as religious discrimination? Today's South Washington County, Minnesota Bulletin carries a story about two local junior high students who claim religious discrimination because the school principal asked them to remove Santa hats they wore to school just before break. Grove Junior High School vice-principal Dale Wolpers says the school has a no-hat policy to prevent disruptive behavior. Students grab each others hats. But Emily Springer and Kristen McVey claim they were discriminated against because on one day earlier in the year two Hmong students were allowed to wear hats associated with the Hmong New Year.

British Magistrate Reprimanded Over Conduct Regarding Niqab

In Britain, Justice Secretary Jack Straw yesterday issued a formal reprimand to Manchester magistrate Ian Murray who last June walked out of a hearing in a criminal case in which the Muslim woman charged with wrecking her council house with graffiti appeared in court wearing a niqab-- a full face veil. Yesterday's Daily Mail and today's Daily Express report that Straw, in his role as Lord Chancellor, ordered lay magistrate Murray (a taxi driver) to get further training in judicial procedure. While Straw himself asks women wearing a niqab to remove it when dealing with him, here the Judicial Communications Office said that the reprimand was because of the magistrate's in-court behavior, not because of his attitude toward the niqab.

Officer Sues Coast Guard To Avoid Immunization With Vaccine From Fetus' Cells

The Alliance Defense Fund last month filed suit on behalf of a U.S. Coast Guard officer seeking a religious exemption from the requirement the officer receive a Hepatitis A vaccination. (Press release (Jan. 4).) The complaint (full text) in Healy v. United States Coast Guard, (D DC, filed Dec. 28, 2007) alleges that the Hepatitis A vaccines available in the United States have all been developed from cells taken from an aborted fetus. Plaintiff, Lt. Cmdr. Joseph Healy, says that his Catholic religious beliefs preclude him from receiving these vaccines since this would amount to participation in societal structures that facilitate abortion. A Coast Guard officer denied his requested exemption from immunization, claiming that that receiving the vaccine does not violate Catholic doctrine. The lawsuit alleges that the exemption denial violates Healy's free exercise rights and violates the Religious Freedom Restoration Act. [Thnaks to Bob Ritter for the lead.]

Kentucky County Tries New 10 Commandments Display

WKYT News reports that Garrard County, Kentucky is trying again. After losing a court battle over its display of the 10 Commandments along with other historical documents on the walls of the Fiscal Court (see prior posting), on Monday the county installed a new display. This one is an educational exhibit on the history of the 10 commandments, including court battles over display of the Biblical verses.

9th Circuit Rejects Convoluted RFRA and Free Exercise Challenges To Deportation

Yesterday, in Fernandez v. Mukasey, (9th Cir., Jan. 7, 2008), the U.S. 9th Circuit Court of Appeals rejected a convoluted Free Exercise and RFRA claim. It affirmed a deportation order requiring removal from the U.S. of a Catholic husband and wife from the Philippines, rejecting their claims of religious discrimination. U.S. immigration law provides for the cancellation of a deportation order where removal would create exceptional hardship to the deportee's child who is a U.S. citizen. (8 USC 1229b(b)(1)(D).) Generally this exception is applied only when a child has serious health or learning issues. Here petitioners argued that they have attempted to conceive a child for many years, that their Catholic faith precludes their using in vitro fertilization to conceive, and that the refusal to cancel their deportation order therefore places a substantial burden on their free exercise of religion.

The court held first that no religious belief precluded petitioners from adopting a child, so their religious views did not create their ineligibility to have their removal order cancelled. Second, the court said, petitioners did not show that they were pressured to violate their beliefs. It said: "No sensible person would abandon his religious precepts to have a child in the hope that the child would be so very ill or learning disabled as to come within the small number of children as to whom 'exceptional and extremely unusual hardship' can be shown." Yesterday's San Francisco Examiner reported on the decision.

Church's Gay Rights Stance Leads To Denial of Insurance Coverage

The Wall Street Journal today reports on a new problem faced by churches that take controversial social stances. A property insurance application by a United Church of Christ congregation in Adrian, Michigan was turned down as too risky because of the denomination's endorsement of gay marriage and the ordination of gays. An underwriter for Brotherhood Mutual insurance wrote the church: "controversial stances such as those indicated in your application responses have resulted in property damage and the potential for increased litigation among churches that have chosen to publicly endorse these positions." Brotherhood Mutual is one of the largest insurers of religious institutions. State insurance regulators see no legal problem with the underwriting decision.

NPR Program Focuses On Diplomacy and Religion in the 21st Century

The January 3 NPR program Speaking of Faith devoted an hour to the topic "Diplomacy and Religion in the 21st Century". Host Krista Tippett's main guest was Douglas Johnston, president and founder of the International Center for Religion and Diplomacy. NPR's website for the program links to a replay (and a podcast) of the program, along with additional resources on the topic. NPR summarizes Johnston's views: "The greatest threat in the post-Cold War world, says Douglas Johnston, is the prospective marriage of religious extremism with weapons of mass destruction. Yet the U.S. spends most of its time, resources, and weapons fighting the symptoms of this threat, not the cause. The diplomacy of the future, he is showing, must engage religion as part of the strategic solution to global conflicts." [Thanks to Jefferson Gray for the lead.]

Article Surveys Islam In U.S. Courts Last Year

At the Family Security Matters website, Jeff Breinholt has posted an article titled Islam in American Courts: 2007 Year in Review. While its tone is overtly Islamophobic, it does present useful data on some 750 cases-- mostly federal-- involving Muslims. 212 cases were asylum claims-- but about half of these involved non-Muslims who feared persecution if they returned to Indonesia. 69 cases alleged employment discrimination. Others were criminal cases, defamation lawsuits, constitutional challenges to government operations, private lawsuits against Islamic terrorists, and family law disputes.

New Poll Expores Pakistanis Views on Islam

Yesterday World Public Opinion along with the U.S. Institute of Peace released an in-depth survey of Pakistani public opinion. The study titled Pakistani Public Opinion on Democracy, Islamist Militancy and Relations with the U.S. draws these conclusions on attitudes toward Islam:

There is strong public support for giving Islam a wider role in Pakistan. A large majority feels it is very important to live in a country that is governed according to Islamic principles. A majority says it would like to see Shari’a or Islamic law play a larger role in their country than it does today.

At the same time, there is little support for a shift towards extreme religious conservatism. Instead there is significant support for some reforms in the opposite direction. Only a small minority—even among those who want a greater role for Shari’a—wants to see the "Talibanization" of daily life increase. About two-thirds support a recent government plan to reform the madrassahs, including strong support among those favoring Shari’a. A plurality supports the Women’s Protection Act, which modifies existing law in the direction of greater women’s rights.

A World Public Opinion release summarizes the report and links to the detailed data, questionnaire and description of methodology.

Appeal Filed In "Be Happy, Not Gay" T-Shirt Case

The Alliance Defense Fund announced yesterday that it has appealed the federal district court's denial of a preliminary injunction in Zamecnik v. Indian Prairie School District to the U.S. 7th Circuit Court of Appeals. The district court had upheld a school's right to prevent a Christian student from wearing a T-shirt containing the slogan "Be Happy, Not Gay" on the ground that such a negative statement is inconsistent with the school's educational goal of promoting tolerance. (See prior posting.)

Cert. Denied In Massachusetts Church Closing Case

The U.S. Supreme Court today denied certiorari in Maffei v. Roman Catholic Archbishop of Boston, (Docket No. 07-558) (order list). In the case, the Massachusetts Supreme Judicial Court had dismissed a challenge to the Archdiocese of Boston's closing of St. James Church in Wellesley, holding that the major claim involved matters of internal church governance that the First Amendment precludes civil courts from deciding. (See prior posting).

Huckabee Preaches At New Hampshire Church Ahead of Primary

The role of churches in political campaigns was highlighted yesterday in Windham, New Hampshire as Republican candidate Mike Huckabee, a former Baptist minister, unexpectedly delivered the sermon at a church called the Crossing. The church meets in a school cafeteria. Today's Washington Post reports that cameras were not permitted inside the service and Huckabeee did not appeal for votes in tomorrow's primary as part of his sermon. However a church official invited congregants to attend a later Huckabee rally a mile away.

Israel Will Re-Establish Religious Affairs Ministry

In Israel on Sunday, the Cabinet voted 15-7 (with 2 abstentions) to re-establish the Religious Affairs Ministry four years after it was dissolved and its duties were dispersed among other departments. YNet News reports that the new ministry will oversee the Chief Rabbinate, the Rabbinical Court and the Yeshiva division. Yossi Beilin, chairman of the liberal Meretz-Yachad Party, criticized the decision saying: "Israel just took a huge step back in reestablishing a ministry dedicated to force religious law in a secular majority."

Ohio Governor Interviewed On His Faith And Its Impact

Sunday's Cleveland Plain Dealer published an interview with Ohio Governor Ted Strickland, a former Methodist minister, about religious faith and its impact on his decisions as governor. Here is an excerpt:

[PD:] Has your faith changed over the years?

[Strickland:] My understanding of religious faith and of personal responsibility I think has matured. I used to feel like I had all of the answers.... I read the Bible and I pray and I listen to advice that I get from people of faith. But, no, I'm not as presumptuous as I used to be when it comes to thinking that I understand fully and completely the precise will of God....

I think there is a danger of having God conform to our image, rather than trying to conform to his. And I think that can lead to arrogance and self- righteousness and a sense of superiority that, from my point of view, is the antithesis of what true faith leads to.

Afghan Islamic Council Decries Christian Proselytizing

In Afghanistan, the country's influential Islamic council made up of clergy and scholars (ulema) met on Friday with President Hamid Karzai. A Reuters report today says the influential body expressed concern to Karzai over Christian missionary activities in the country. A number of foreign aid groups in Afghanistan have Christian affiliations, but they deny any proselytizing. The Islamic council also demanded an end to TV broadcasting of Indian soap operas, a crack down on graft and a return to public execution of murderers.

Some Books and Book Reviews of Interest

Yesterday's New York Times Sunday Book Review section was devoted to reviews and essays on books about Islam. The editors of the Book Review introduced the issue by saying: "[M]ost Americans know very little about Muslims, which often means they know very little about their own neighbors.... Since 9/11, publishers have been rushing to fill this knowledge gap, and the time seems right to highlight their efforts."

Tom Perrotta's new novel The Abstinence Teacher, (St. Martin's Press, 2007), focusing in a new way on conservative Christian viewpoints, was reviewed last week by the London Telegraph.

Trial Held In Prisoner Suit Seeking Kosher Meals

Last Saturday's St. Louis Post Dispatch ran a long story about prison inmate Norman Lee Toler's federal lawsuit seeking to require the Missouri Department of Corrections to furnish him kosher food. The case was tried last week in federal court in St. Louis. Toler claims to be Jewish, even though several years ago while serving time in an Illinois prison, guards discovered Toler had white supremacist literature, pictures of Adolph Hitler and a jailhouse "SS" tattoo. Toler says he was merely holding the material for another inmate. Missouri says that if it loses the case, it will likely change its current policy that accepts a prisoner's representation of his religion without verification. (See prior postings on pre-trial decisions in the case, 1, 2.)

Property Owner Fights Zoners Over Planned Cross On Lake Michigan

Friday's Grand Haven (MI) Tribune reports that a St. Joseph, Michigan man is in a battle with city officials over his plans to build an illuminated 30-foot cross on a bluff facing Lake Michigan. Officials consider the land on which the cross is to be built-- located across the street from Ervin Wagner's home-- to be a detached front yard. Accessory structures are prohibited in yards in residential areas. 63-year old Wagner says: "The Lord has been after me to do this for many years." Wagner's proposed cross would be visible from Lake Michigan, and he also wants to install a camera to broadcast the view in streaming video online.

Father Says State Constitution Voids Order That Son Attend Catholic School

In La Grange, Kentucky on Friday a state court judge heard arguments from a divorced father seeking to force his former wife to send their son to a public high school instead of to the Catholic school that he now attends. WLKY News reports that the father, David Ryan, is an atheist and objects to the order originally issued during the divorce providing that his son would continue attending Catholic school. Ryan hinges his argument on Sec. 5 of the Kentucky Constitution that reads: "Nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed."

VT Court Holds Statute of Limitations Had Not Run In Priest Abuse Case

In Burlington, Vermont, Superior Court Judge Matthew Katz has granted plaintiff James Turner's motion for judgment notwithstanding the jury's verdict that the statute of limitations precluded his recovery of damages from the Catholic diocese for negligent supervision of a former priest who had abused Turner. WCAX-TV News reported Friday that the judge held that the statute of limitations did not begin to run until plaintiff had notice that the Diocese had negligently supervised its priests. They could not have discovered this until they received various documents in 2002. The ruling could affect the more than 25 other cases pending against the diocese. The case is Turner v. Roman Catholic Diocese (docket entries).

Litigation Strains Virginia Episcopal Docese

Virtue Online reported on Friday that the Episcopal Diocese of Virginia has taken out a $2 million line of credit and is planning to sell off non-strategic real property in order to finance its litigation with eleven break-away parishes. The lawsuit will decide who owns the parishes' real property. (See prior posting.)

New Russian Textbook Reflects Anti-Catholic Views

Asia News reported yesterday that in Russia, a new textbook titled "Religions In Russia" is filled with factual errors and negative portrayals of Catholicism. Written by Andrei Kulakov, the textbook portrays Catholicism as hostile toward Russia's Orthodox Church. The final edition failed to incorporate suggested changes made by the editors of the Russia Catholic Encyclopedia when they reviewed the chapters in draft form. They found forty serious mistakes, and now urge schools not to adopt the text.

Times Explores Mormon Church and Religious Concerns About Romney

Today's New York Times Magazine features a long article by Noah Feldman titled What Is It About Mormonism?. It traces the development of Mormonism and explores why it creates a problem for presidential hopeful Mitt Romney. Here are two excerpts:

In theory, the evangelical political movement says that it is prepared to embrace Jews and even Muslims so long as they share the same common values of the religious right. In the case of a Mormon candidate, though, many evangelicals are not prepared to say that common values are enough. The reason seems to be the view among evangelicals that the substantive theological beliefs of Mormons are so radically different from their own as to constitute not a sect of Christianity but a Christian heresy....

If Mormonism were to keep Romney from the nomination, the Mormon Church hierarchy may through continuing revelation and guidance respond by shifting its theology and practices even further in the direction of mainstream Christianity and thereby minimizing its outlier status in the culture. Voices within the LDS fold have for some time sought to minimize the authority of some of Joseph Smith’s more creative and surprising theological messages, like the teaching that God and Jesus were once men....

Court Dismisses Challenge To Pastor's Use of Church Funds

On Friday, a Nashville, Tennessee judge dismissed a lawsuit brought by a dissident faction of the Two Rivers Baptist Church against senior pastor, the Rev. Jerry Sutton seeking Sutton's removal as an officer and director of the large Nashville church and asking for damages. Plaintiffs accused Sutton of misusing church funds. The Tennessean reports that Chancellor Claudia Bonnyman agreed with defendants that how a church decides to spend its money is a religious matter that civil courts may not review. The court, however, did leave in place an earlier order permitting plaintiffs to inspect the church's financial documents. (See prior related posting.)

Primary Ads Urge Voters To Probe Candidates On Church-State Issues

A series of newspaper and television ads have been launched in New Hampshire and South Carolina by First Freedom First asking voters to look at whether candidates in the upcoming primaries are respecting church-state separation and religious freedom. A press release Friday by Americans United reports that the first of the TV ads feature Jack Klugman and James Whitmore urging voters to ask candidates: "Who will decide my end of life care: politicians and religious right leaders, or my doctor and me?", and asking whether the candidate will "protect the right of all Americans to worship...or not." The First Freedom First website lists ten suggested questions that voters should ask candidates in order to find out their views on church-state and religious liberty concerns. First Freedom First is a joint project of Americans United and the Interfaith Alliance Foundation.

Pennsylvania Insists On Licenses for Tranist Vehicles Serving Amish

Last Sunday's Pittsburg Post Gazette carried a story about a crack down by Pennsylvania Public Utility Commission enforcement officers against drivers who provide rides for Amish residents in exchange for compensation, but who have not obtained a $350 PUC paratransit certificate. Amish prohibitions on owning or operating motor vehicles mean they need to hire non-Amish to transport them when they need to travel a significant distance. The PUC regulations require adherence to safety standards and obtaining of commercial insurance in order to qualify for the certificate. In case of an accident, paying passengers would not be covered by non-commercial insurance.

Three Cases Involve Employee Requests For Religious Time Off

In Leonce v. Callahan, 2008 U.S. Dist. LEXIS 228 (ND TX, Jan. 3, 2008), a Texas federal magistrate judge granted summary judgement in a Title VII case to a county sheriff's office that refused to accommodate a detention officer's request that he not work on Saturdays because of his Seventh Day Adventist faith. The court found that the county had established that there was no reasonable accommodation that would not have imposed an undue hardship on the county.

In Massachusetts Bay Transportation Authority v. Massachusetts Commission Against Discrimination, (MA Sup. Jud. Ct., Jan. 4, 2008), the Massachusetts Supreme Judicial Court held that the MBTA had violated the state's prohibition on religious discrimination in employment when it refused to to hire a Seventh Day Adventist as a part-time bus driver because he needed Saturdays off to observe his Sabbath. The court held that the MBTA should have facilitated a voluntary swap of hours by employees. Because the MBTA did nothing to accommodate the applicant, the court said it did not need to decide whether requiring an employer to incur more than de minimis cost to accommodate an employee violates the establishment clause. Today's Boston Globe reported on the decision.

Finally, the Louisville Courier-Journal reports on a religious discrimination lawsuit by a Clarksville, Indiana man against a Value City retail store. The employee left his job after the store refused to assure him that he could always have Wednesday nights and Sundays off to attend church services.

Court Upholds Texas Mandatory Moment of Silence Law

On Tuesday, a Texas federal district court rejected an Establishment Clause challenge to the Texas law that requires public schools to observe a moment of silence each day during which students may “reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student.” In Croft v. Perry, (ND TX, Jan. 2, 2008), most of the court’s 36-page opinion focused on the state’s purpose in enacting the current version of the law. The court concluded: “Although it is a close question, the Court finds legitimate the secular purpose of allowing for all types of thoughtful contemplation and concludes that this purpose is supported by the legislative history and sufficient to withstand the Lemon test. The Court rejects the argument that this purpose is trivial or pretextual.” Today's Houston Chronicle and Dallas News both reported on the decision. (See prior related postings 1, 2.)

Teaching of Evolution, Rejection of Creationism Pressed By US Advisory Groups

Reuters reports that yesterday the U.S. National Academy of Sciences along with the Institute of Medicine issued a book titled Science, Evolution and Creationism. The NAS and IOM are advisory bodies to the U.S. government on issues of science and medicine. The press release on the book says:

Recent advances in science and medicine, along with an abundance of observations and experiments over the past 150 years, have reinforced evolution's role as the central organizing principle of modern biology....

Despite the overwhelming evidence supporting evolution, opponents have repeatedly tried to introduce nonscientific views into public school science classes through the teaching of various forms of creationism or intelligent design.... NAS and IOM strongly maintain that only scientifically based explanations and evidence for the diversity of life should be included in public school science courses. "Teaching creationist ideas in science class confuses students about what constitutes science and what does not," the committee stated."

As SCIENCE, EVOLUTION, AND CREATIONISM makes clear, the evidence for evolution can be fully compatible with religious faith. Science and religion are different ways of understanding the world. Needlessly placing them in opposition reduces the potential of each to contribute to a better future," the book says.

At the same time, according to Science Daily, a coalition of 17 scientific organizations is urging scientists to become more involved in promoting science education, including evolution. An article in the January 2008 FASEB Journal says that introducing creationism and intelligent design in the science classroom undermines the fundamentals of science education.

Evangelicals Crucial To Huckabee's Win In Iowa

An AP analysis shows that support of evangelicals was crucial to Mike Huckabee's win in the Republican Iowa caucuses yesterday. An AP poll revealed that more than 80% of Huckabee's caucus supporters were born again or evangelical Christians, while fewer than half of Mitt Romney's supporters fit that description. Almost two-thirds of Huckabee's supporters said it was very important that their candidate share their religious beliefs. Only 20% of the Romney supporters had that view. Huckabee is a former Southern Baptist minister and has emphasized his Christian beliefs during the campaign.

Women Appointed For First Time To Singapore's Sharia Appeal Board

In Singapore, for the first time three women have been appointed to the 20-member panel whose members hear appeals from the Sharia Court and Registrar of Muslim Marriages. (See Section 55 of the Administration of Muslim Law Act which provides for the Appeal Board.) For 40 years, only men had been appointed to serve on the panel. Earth Times today reports that the new appointments were made by Singapore President SR Nathan on the advice of the Islamic Religious Council.

Suit Challenges Ban On Fortune Telling As Anti-Pagan

In Baton Rouge, Louisiana on Tuesday, a local business that wants to offer fortune telling has filed a federal lawsuit challenging on constitutional grounds a Livingston Parish ordinance that prohibits it. KATC News reports that Gryphon's Nest Gifts Inc. filed suit alleging in part that the ban on "soothsaying, fortune telling, palm reading, clairvoyance, crystal ball gazing, mind reading, card reading and the like for money or other consideration" was an attempt to promote Christianity over paganism. The complaint alleges that the ban "primarily affects pagan leaders and pagan church members who are most likely to support themselves or increase their income by performing divination for consideration." The suit also raises vagueness and free speech claims.

Malaysian Court Delays Funeral After Dispute On Conversion

Malaysian courts are once again involved in a dispute over religious conversion. The AP today reports that Ngiam Tee Kong, a Malaysian Christian, has obtained a temporary order from the Kuala Lumpur High Court after the Federal Territory Islamic Council insisted that his wife be buried in a Muslim funeral. Council officials insisted that Wong Sau Lan, who died on Dec. 30, had converted to Islam before her death. Her husband says she remained a Christian and that the alleged conversion was illegal. Now the body will remain unburied until at least Jan. 18 when the High Court will hold a preliminary hearing.

Free Exercise Claim As To DNA Testing Rejected On Procedural Grounds

In In re My'kavellie E., (OH Ct. App., Dec. 31, 2007), an Ohio appellate court rejected a free exercise claim made by a putative father in a custody suit. Manley E. argued that his religious rights were violated when the trial court ruled that the sole proof of paternity could be DNA testing. Appellant said that submitting to genetic testing would be a de facto denial of paternity that would violate his Islamic beliefs. The appellate court rejected the claim, saying that neither the trial court nor the appellant's trial attorney had knowledge of why Manley E. refused to submit to genetic testing. Nevertheless, the appellate court on other grounds reversed the putative father's dismissal from the custody action.

Utah Governor Held 1996 Meetings On LDS Doctrine and Modern Government

Blog from the Capital today calls attention to an investigative article published earlier this week by the Salt Lake Tribune detailing a series of meetings held in October 1996 by then-Utah Governor Mike Leavitt. Leavitt, a Mormon, is now Secretary of the U.S. Department of Health and Human Services. The meetings, held with close staff and advisers in anticipation of his re-election, explored how teachings from the Book of Mormon and the church's Doctrine and Covenants could apply to modern government. Meeting early in the morning at the Governor's Mansion, the group ultimately settled on a series of principles for implementation that are not overtly religious-- free agency, accountability, equality, stewardship, marriage, unity, goodness, heritage, worship, safety and a sense of order. The Tribune article has links to minutes of the five meetings plus links to related documents. After inquiries from the Tribune, Leavitt requested that the documents be removed from public view by the State Archives because of the private nature of participants' comments. However, as reported by a second Tribune article, the State Archives decided on Monday that the documents would remain available to the public.

Court Holds That "Choose Life" Is Not Religious Speech

Children First Foundation v. Martinez, 2007 U.S. Dist. LEXIS 94944 (ND NY, Dec. 27, 2007) is a challenge to New York state's refusal to approve special picture license plates that include the slogan "Choose Life". In this phase of the litigation, a New York federal district court refused to permit the Deputy Commissioner of the Department of Motor Vehicles to amend her answer to raise an Establishment Clause defense, finding that religious speech was not involved. The court reasoned:

It may very well be true that those who participate in the abortion debate on the pro-life side are members of religious organizations whose religious beliefs form the basis for their views. However, that does not transform the pro-life stance into one that is religious in nature, nor does it transform the phrase, "Choose Life" into religious speech. Nothing in constitutional jurisprudence supports the conclusion that political speech which is derived from one's ethical or religious beliefs or background transforms it into religious speech. Many religious persons and organizations may be opposed to capital punishment, or perhaps in favor of gun control. Those political issues are not therefore automatically transformed into religious issues simply by virtue of the religious beliefs of their supporters. The same is true for the abortion debate.

New York Court Says Chabad Headquarters May Eject Messianists

JTA and the New York Jewish Week both report on a decision handed down Dec. 27 by a New York trial court in a battle over control of the headquarters of the Chabad Lubavitch movement-- 770 Eastern Parkway in New York's Crown Heights section of Brooklyn. At issue is a dispute within Chabad over whether the Hasidic movement’s grand rebbe, Menachem Mendel Schneerson, who died in 1994, may be referred to publicly as the Messiah. (See prior posting.) The court, in giving the owners of the headquarters building-- Agudas Chasedei Chabad and Merkos L’Inyonei Chinuch -- the right to eject from the building a congregation located in its basement, the court gave a victory to those who reject the messianist faction of the Chabad movement. Edward Rudofsky, the attorney representing the messianist faction (organized as Congregation Lubavitch Inc.) said they would appeal the decision. He said: "this is an argument over control over religious congregation and it did not belong in secular court..." The Jewish Week article carries an extensive description of the messianist atmosphere that currently dominates the synagogue.

Polish Catholic Church Opposes Government Funding of IVF Procedures

Poland's Health Minister says that she will include funding for in vitro fertilization procedures in the ministry's budget for 2008, despite strong opposition from Catholic Church leaders. Yesterday's Catholic World News reported that the Polish Catholic hierarchy has published an open letter opposing the funding. Health Minister Ewa Kopacz says, however, that infertility is a social problem that needs to be addressed.

Palestinian Hajj Pilgrims Return Home After Dispute On Crossing Into Gaza

Yesterday, more than 2000 Palestinian pilgrims returning from the hajj crossed into the Gaza strip after being delayed for five days in Egypt in a dispute over their return route. The International Herald Tribune reports that the Egyptian government, after discussions with Israel, had demanded that the pilgrims return to Gaza via an Israeli border crossing so that Israel could determine whether senior Hamas leaders who were among the pilgrims were bringing back large sums of money to support Hamas in Gaza. The pilgrims insisted on entering Gaza directly from Egypt through the border crossing at Rafah. Eventually Egypt gave in to the pilgrims' demand. Earlier yesterday the Palestinian Centre for Human Rights issued a statement arguing that the delay in permitting the pilgrims to return to Gaza violated international law. The Jerusalem Post earlier this week, however, said that Hamas operatives were suspected of having up to tens of millions of dollars that they were intending to smuggle into Gaza.

Tunisia Will Not Implement Decision On Hijab-- Sees Scarf As Politcial Symbol

Bloomberg News yesterday reported that Tunisia's government is not generally implementing an October court ruling that held unconstitutional the government's ban on Muslim women wearing headscarves in state buildings and schools. (See prior posting.) Apparently the ban has been lifted only for the teacher who was the successful plaintiff in the case. Secular governments in the Middle East view the hijab as an Islamist political symbol, and not as religious obligation. Mohammed Fantar, professor of Islamic history at Manar University in Tunis, says that the hijab is "an import by way of satellite television. It's a menace for all.''

Reversed 1970 Adoption Decision Is Circulating In Blogosphere As Current

The blogosphere is full of reports (example) on a Time Magazine article about a New Jersey couple that were found by a state trial court to be unfit to adopt a child because they did not believe in a Supreme Being. References to the article have been so widely circulated that it shows up as the number 1 most read on Time Magazine's website tonight. The only problem is that that article is from 1970 and the trial judge's decision was reversed by the New Jersey Supreme Court in 1971 (In re the Adoption of "E"). (The 1970 Time article indicates that the appeal is pending.) Many postings treat the article as current news, and the "most popular" listing by Time-- which is apparently generated without human intervention --adds to the misinformation. [Thanks to Scott Mange for the lead.]

Pew Forum Gives Background Information As Presidential Selection Process Begins

As tomorrow's Iowa Caucus formally ushers in the Presidential selection season, the Pew Forum on Religion and Public Life continues to furnish extensive news and background information of interest. Its Religion and Politics 2008 page links to extensive material about the views of each candidate on issues of concern to religious voters as well as to news on the impact of religion in the 2008 election cycle.

Churches Increasingly Hit With Property Tax For Unrelated Property

Today's Wall Street Journal reports that local governments are increasingly levying property taxes on churches, as religious organizations increasingly acquire property which they rent out or use for non-religious purposes. Examples range from a visitors center and gift shop built by a Newport, Rhode Island synagogue, to shopping center space rented out to stores and restaurants by a Rockford, Illinois church that owns the mall and uses part of it for worship services. Churches say that proceeds from properties are funneled back for religious uses. Generally, though, laws exempt property only if the property itself is used for religious or charitable purposes. Texas Tech law professor James Vaughn says: "When you have a taxing authority trying to decide what's your ministry and what's not, I see a problem here."

Happy New Year To Religion Clause Readers

Dear Religion Clause Readers,

Happy New Year! As 2008 begins, I want to thank all my long-time readers for your continued interest and welcome the many new readers who have joined us this year. Your comments, e-mails, links and leads on news stories are all appreciated. In 2007, Religion Clause was recognized by the ABA as one of the top 100 legal blogs and Justia ranks it 11th in all-time popularity among Blawgs. Sometime in the next 24 hours, the Religion Clause site meter (which measures visitors since the blog was initiated) will turn to 225,000. I hope you will continue to rely on Religion Clause for unbiased reporting on news of church-state and religious liberty developments and for links to primary source documents.

Best wishes for 2008.

Howard M. Friedman

Malaysia Reverses Decision and Issues Permit To Christian Paper Using "Allah"

BBC News reported on Sunday that the Malaysian government has reversed its earlier decision and has agreed to issue a license to a Christian newspaper that uses the word Allah to refer to God. Earlier, the Internal Security Ministry had refused to renew the permit of the Catholic newspaper, the Weekly Herald, for 2008 unless it stopped translating "God" as "Allah" in the Malay language version of the paper. The Ministry said that "Allah" could only be used to refer to the Muslim God. (See prior posting.)

UPDATE: Adding to the confusion, the AP reports that Malaysia's minister for Islamic affairs said on Thursday that the government still takes the position that the word "Allah" can only be used to refer to the Muslim God. The paper has filed a lawsuit to obtain approval for its use of the term in quoting from the Malay language Bible.

Bibliography of Law and Religion Articles, Books and Blogs

The December 2007 Newsletter of the Association of American Law Schools Section on Law and Religion contains an extensive bibliography of books, articles and blogs on law and religion published in the last year. I have posted the bibliography at this link.

New Articles and Books of Interest

Recently Published Articles:

• The January/February 2008 issue of Liberty Online: A Magazine of Religious Freedom has been issued online.

From SmartCILP:

• The Journal of Catholic Legal Studies, Vol. 46, No. 2 has been issued. It includes: symposium articles by Susan Stabile and Piero Tozzi on "When Conscience Clashes with State Law & Policy: Catholic Institutions" as well as: Sr. Melanie DiPietro & Alison Sulentic, SSM Health Care: The Integration of Catholic Social Thought Values in a Modern Health Care System; Gregory A. Kalscheur, Catholics in Public Life: Judges, Legislators, and Voters; Robert E. Rodes, Jr., On Lawyers and Moral Discernment; Rebecca Van Uitert, Undocumented Immigrants in the United States: A Discussion of Catholic Social Thought and "Mormon Social Thought" Principles.

New Books:

• Susan Pace Hamill, As Certain as Death, (Carolina Academic Press, 2007), reviewed by the New York Times.
• Noah Feldman, The Fall and Rise of the Islamic State, (Princeton University Press, March 23, 2008). Discussed in a Harvard Law Today interview.
• Michael Lienesch, In the Beginning: Fundamentalism, the Scopes Trial,and the Making of the Antievolution Movement, (University of North Carolina Press, 2007), reviewed at H-Net. [Thanks to First Amendment Law Prof Blog.]

Impact of Bibles On Jurors In Imposing Death Sentence At Issue In 5th Circuit

Yesterday's Houston Chronicle carries a story about a November decision by the U.S. 5th Circuit Court of Appeals in Oliver v. Quarterman, (5th Cir., Nov. 16, 2007). In it the court ordered briefing and oral argument scheduled on whether jurors' consultation of the Bible during the sentencing phase of a murder trial raises a presumption of prejudice, and, if so, whether the state has rebutted that presumption.

Winston Cochran, Oliver's lawyer, says that at issue is whether jurors, in imposing the death sentence on Oliver, were prejudiced by Numbers 35:16 that reads: "But if he struck him down with an iron object, so that he died, he is a murderer; the murderer shall surely be put to death" Cochran explained: "This poor old farmer, he got shot and when he was lying outside on the ground, he was struck with the barrel of a gun. So he was literally struck with an iron rod. You could say God and Moses anticipated this exact thing if you take a literal view of it. And that's got a lot of potential for mischief." Attorney Sue Korioth, who handled an earlier appeal in the case, said there was no implication that jurors voted based on Scripture. She said: "Several [jurors]... carried Bibles in and out like my daughter carries her 'Seventeen' magazine. It was just their reading material."

Huckabee Talks About His Religious Beliefs on Meet the Press

Tim Russert's interview with Republican presidential hopeful Mike Huckabee yesterday on Meet the Press (full transcript) included several exchanges about Huckabee's religious beliefs. Here are some excerpts:

MR. RUSSERT: You went to the late Jerry Falwell's Liberty University, and were asked about your political success, and you said, "There's only one explanation for it. It's not a human one," suggesting divine intervention.... And then, and then this comment. "I hope we answer the alarm clock and take this nation back for Christ."

GOV. HUCKABEE: Which was, by the way, ... [a] 1998 speech ... [t]o the Southern Baptist Convention. So it was a speech made to a Christian gathering, and, and certainly that would be appropriate to be said to a gathering of Southern Baptists.

MR. RUSSERT: But where does this leave non-Christians?

GOV. HUCKABEE: Oh, it leaves them right in the middle of America. I think the Judeo-Christian background of this country is one that respects people not only of faith, but it respects people who don't have faith. The, the key issue of real faith is that it never can be forced on someone. And never would I want to use the government institutions to impose mine or anybody else's faith or to restrict. I think the First Amendment, Tim, is explicitly clear. Government should be restricted, not faith, government. And government's restriction is on two fronts: one, it's not to prefer one faith over another; and the second, it's not to prohibit the practice of somebody's religion, period.

MR. RUSSERT: So you'd have no problem appointing atheists to your Cabinet?

GOV. HUCKABEE: No, I wouldn't have any problem at all appointing atheists. I probably had some working for me as governor.... And if people want to know how I would blend these issues, the best way to look at it is how I served as a governor. I didn't ever propose a bill that we would remove the capitol dome of Arkansas and replace it with a steeple. You know, we didn't do tent revivals on the grounds of the capitol. But my faith is important to me.... It drives my views on everything from the environment to poverty to disease to hunger. Issues, frankly, I think the Republicans need to take a greater leadership role in. And as a Republican, but as a Christian, I would want to make sure that we're speaking out on some of these issues....

MR. RUSSERT: ... [T]his is what you wrote in your book, "Kids Who Kill," in 1998: "It is now difficult to keep track of the vast array of publicly endorsed and institutionally supported aberrations--from homosexuality and pedophilia to sadomasochism and necrophilia." Why would you link homosexuality with sadomasochism, pedophilia and necrophilia?

GOV. HUCKABEE: Well, what I was pointing out is all of these are deviations from what has been the traditional concept of sexual behavior and men and women having children, raising those children in the context of a, of a traditional marriage and family. And, again, taken out of the larger context of that book, speaking about how so many of our social institutions have been broken down.

MR. RUSSERT: But do you think homosexuality is equivalent to pedophilia...

GOV. HUCKABEE: Oh, of course not.... Tim, understand, when a Christian speaks of sin, a Christian says all of us are sinners.... The perfection of God is seen in a marriage in which one man, one woman live together as a couple committed to each other as life partners.... Tim, I've been asked more about my faith than any person running for president. I'm OK with that. I hope I've answered these questions very candidly and very honestly. I think it's important for us to talk about it. But the most important thing is to find out, does our faith influence our public policy and how? I've never tried to rewrite science textbooks. I've never tried to come out with some way of imposing a doctrinaire Christian perspective in a way that is really against the Constitution. I've never done that.

MR. RUSSERT: But you said you would ban all abortions.

GOV. HUCKABEE: Well, that's not just because I'm a Christian, that's because I'm an American. Our founding fathers said that we're all created equal. I think every person has intrinsic worth and value...

MR. RUSSERT: But many Americans believe that that would be ... you imposing your faith belief...

GOV. HUCKABEE: But, no. It's not a faith belief. It's deeper than that. It's a human belief. It goes to the heart of who we are as a civilization....

MR. RUSSERT: Some Americans believe that life does not begin at conception...

GOV. HUCKABEE: Well, scientifically I think that's almost ... a point that you couldn't argue. How, how could you say that life doesn't begin at conception... biologically?

MR. RUSSERT: Do you respect that view?

GOV. HUCKABEE: I respect it as a view, but I don't think it has biological credibility....

MR. RUSSERT: October you told me you're going to win Iowa caucuses. Are you?...

GOV. HUCKABEE: Well, Thursday night I'll let you know. But let me tell you this, we're being outspent 20-to-1 here. If we do, you're going to have a political story like you've never had coming out of Iowa on Friday morning.

MR. RUSSERT: Would it be a miracle?...

GOV. HUCKABEE: I'm on record. Yes, it would.

Meanwhile last Friday, CNS News published a lengthy interview with Huckabee on his views about education and school choice.

Liberal New Hampshire Voters Also Concerned About Religion

Today's Concord Monitor reports that religious values are an important concern for many liberal voters in New Hampshire's upcoming primary. It says that some "liberal voters ... are trying hard this election to wrest the title of 'value voters' away from the religious right.... [M]any are using biblical values to promote traditionally liberal policies, such as greater attention to the environment, poverty and social justice ... [,and] opposition to the Iraq war."

Saudi Monitoring of Mosques Leads To Imam's Removal and More

Today's Arab News reports on an incident growing out of Saudi Arabia's monitoring of the performance of imams in the country's mosques. The Ministry of Islamic Affairs has 270 employees who monitor imams and khateebs (preachers), as well as 203 technical teams that check out the architectural aspects of mosques. An imam was removed from his position for delivering anti-Western sermons. The imam then sent death threats by cell phone to Ministry of Islamic Affairs official Sheikh Abdullah Al-Hammad. At his trial, the imam confessed and was sentenced to seven months in prison and 150 lashes. Now an appeal of the conviction will be heard by Saudi Arabia's Cassation Court. Meanwhile, Al-Hammad has filed a lawsuit against the imam in a Saudi religious court.

Iowa LDS Churches Will Not Comment On Caucuses From Pulpit Today

Despite, or perhaps because of, Mitt Romney's candidacy, the 22,000 Mormons attending church in Iowa this Sunday will not hear pleas to attend a caucus or support a particular candidate. Today's Salt Lake Tribune reports that historically, before elections but not before caucuses, LDS churches have read a statement from the pulpit asserting the LDS's political neutrality, but encouraging members to be active voters. In contrast, many evangelical ministers are likely to urge their congregants to vote in caucuses, a move that is likely to help Republican candidate Mike Huckabee. Quin Monson, the assistant director of Brigham Young University's Center for the Study of Elections and Democracy, says: "Clearly, if the church wanted to mobilize its members to get in, it could, but the backlash could be worse than the positive effect it could [have] on Romney."