Religion Clause

Friday, April 25, 2008

Rep. Myrick Proposes Measures Against Radical Islam

Last week, U.S. Rep. Sue Myrick from North Carolina issued a release unveiling her 10-point "Wake Up America" agenda. As reported yesterday by World Net Daily, she is calling for a government investigation of all military and U.S. prison chaplains who were approved by Abdurahman Alamoudi when he headed the American Muslim Council. Myrick wants to know if any of the chaplains have ties to radical Islam. In 2004, Almoudi was sentenced to 23 years in prison in a terrorism financing case.

Myrick's Agenda also calls for the Internal Revenue Service to investigate the Council on American-Islamic Relations (CAIR). Among its other points, the Agenda proposes legislation to outlaw the preaching, publication, or distribution of materials calling for the death of American citizens or attacks on the United States Government or Armed Forces. It proposes restricting R-1/R-2 religious visas for imams who come from countries that do not allow reciprocal visits by non-Muslim clergy, and it presses for reform of Saudi text books. While Myrick is head of the Congressional Anti-Terrorism Caucus, these proposals are hers and not those of the Caucus. [Thanks to Alliance Alert for the lead.]

Jury Finds For Church In $3.7M RLUIPA Verdict

In Reaching Hearts International Inc. v. Prince George’s County, a Maryland federal court jury has awarded $3.7 million in damages to a Seventh Day Adventist congregation that was prevented by the county from building a church on land the congregation had purchased. Initially Prince George's County Council rejected the church's application for sewer and water changes, and when the church then decided to build a smaller structure that could be served by existing facilities the county adopted a new zoning ordinance precluding that plan as well. Yesterday's Maryland Daily Record reports that the suit alleged discrimination in violation of 42 USC Sec. 1983 and RLUIPA. However in September the court will still hear arguments on the county's defense that it had a compelling interest in taking the actions it did, and used the least restrictive means in accomplishing its objectives.

Thursday, April 24, 2008

Bald Eagles Limit Florida Church's Expansion Plans

Tuesday's Lakewood Ranch (FL) Herald reports on an unusual land use problem faced by a Bradenton, Florida Catholic parish. Since 1999, the presence of nesting bald eagles on a 14-acre site that Our Lady of the Angels Catholic Church had acquired for a building has dictated the kind of development the rapidly-growing congregation can pursue. So far, it has kept its expansion within U.S. Fish and Wildlife Service guidelines that require a 330 foot buffer between buildings and nesting eagles, sometimes through the use of modular buildings. If the eagles ever leave, the church hopes to build a new sanctuary on the northeast quadrant of its land.

President Proclaims 2008 National Day of Prayer Amid Call for More Inclusiveness

On Tuesday, President Bush issued a Proclamation (full text) declaring May 1 to be the 2008 National Day of Prayer. Meanwhile, the website Jews on First has begun a campaign for an Inclusive National Day of Prayer, pointing to the fundamentalist Christian focus of the existing National Day of Prayer Task Force. (See prior posting.) On its web page devoted to the project, Jews on First calls on governors to either refrain from issuing Day of Prayer proclamations, or to issue proclamations that call for inclusive events. Last year's White House event for the day did have extensive Jewish, as well as Christian, participation. (See prior posting.)

Appellate Court Rejects Challenge To Religious References By Prosecutor

In State of Connecticut v. Johnson, (App. Ct. CT., April 22, 2008), a Connecticut state appellate court majority opinion rejected a convicted defendant's objections to religious references made by the prosecutor during closing argument at his trial. The references related to the religious piety of the complaining witness and her parents in the sexual assault case. Judge Berdon concurring in the result said that the remarks were improper, but defendant had failed to object to them at trial.

San Diego Agrees Church Can Feed the Poor Without a Permit

On Monday, a California federal district court issued an Order of Dismissal (full text) in Pacific Beach United Methodist Church v. City of San Diego, (SD CA, April 21, 2008). The San Diego Union-Tribune reports that the settlement allows plaintiff church to continue feeding the homeless in its building without obtaining a city permit. The settlement provides that the city will not cite the church for violations in connection with its "Wednesday Night Ministry activities, which include Plaintiffs’ religious practice of sharing common meals with the community and providing ministry, food and other care to the poor, the homeless and others in need in the community." The city will still be able to conduct inspections and enforce other laws applicable to the meal service. (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Appeal Filed In Case of Wisconisn Pharmacist

On Wednesday, an appeal was filed with the Wisconsin Supreme Court in Noesen v. State of Wisconsin Dept. of Regulation & Licensing, according to a press release on Christian Newswire. In the case, a state appellate court rejected a pharmacist's religious arguments and upheld the state Pharmacy Examining Board’s decision reprimanding him for refusing to fill or transfer a customer's prescription for oral contraceptives. (See prior posting.)

Moderate Italian Muslims To Form New Federation

In Italy, representatives of several Muslim groups have announced plans to create a Federation of Italian Islam to promote mosques that teach moderate Islam. Voice of America reported yesterday that the move was announced by outgoing Interior Minister Giuliano Amato who said the Federation, which will be legally recognized, will bring together Muslims who pledge allegiance to the Italian constitution and Italy's Charter of Values of Citizenship and Integration.

Wednesday, April 23, 2008

Recent Prisoner Free Excercise Cases

In Henderson v. Bettus, 2008 U.S. Dist. LEXIS 31091 (MD FL, March 31, 2008), a Florida federal district court permitted a Muslim inmate to move ahead with his claim that his free exercise rights were violated when he was refused access to his cell to pray at the proper time during Ramadan and was denied his available bag lunch at the designated time to break his religious fast.

In Poullard v. Federal Bureau of Prisons, 2008 U.S. Dist. LEXIS 16924 (D DC, March 6, 2008), a D.C. federal district court transferred to the Eastern District of Texas an inmate's claim that federal prison authorities in Texas disrespected his Ifa faith through various actions.

In Ware v. Garnett, 2008 U.S. Dist. LEXIS 30336 (SD IL, March 31, 2008), an Illinois federal district court adopted a magistrate's recommendations and dismissed claims by a Muslim inmate that he should receive a Halal diet and a Sunni prayer mat. It also rejected complaints that Muslim inmates were required to worship in small groups, that he was not permitted to wear religious head gear, and that he was not permitted to teach fellow inmates Arabic or preach in Arabic.

In Nelson v. Miller, 2008 U.S. Dist. LEXIS 30525 (SD IL, March 31, 2008), and Illinois federal magistrate judge dismissed a Catholic inmate's claims against an Illinois prison chaplain who refused to approve a vegan diet for him for Fridays after the chaplain determined that the Catholic faith did not require the inmate's adherence to the Rule of St. Benedict.

In Malik v. Clarke, 2008 U.S. Dist. LEXIS 31175 (WD WA, April 15, 2008), a Washington federal district court referred back to a magistrate a complaint by an inmate that he was allowed to use his Muslim name on mail only if hefirst used the name under which he was committed (followed by his new name).

In Sundown v. Texas Department of Criminal Justice, 2008 U.S. Dist. LEXIS 31508, (SD TX, April 16, 2008), a Texas federal district court rejected a complaint by five Native Americans seeking weekly religious classes and services.

Judge Seeks To Accommodate Prayer Sessions Of FLDS Mothers and Children

In San Angelo, Texas, state District Court Judge Barbara Walther has ruled that FLDS women and children being held at the San Angelo Coliseum can meet twice a day for prayers without being monitored by state workers. Yesterday's Salt Lake Tribune reports that despite pleas from the Church of Jesus Christ of Latter-day Saints-- the mainline Mormon church-- for the media to distinguish it from the polygamous FLDS sect, Judge Walther apparently views the relationship between the two groups differently. She asked asked Texas Child Protective Services (CPS) to find a member of the mainstream LDS Church or some other "appropriate religious person" to monitor prayer sessions of FLDS members in order to avoid state employees "making their service less sacred."

At the same time, Judge Walther refused to issue a temporary restraining order requiring that FLDS nursing mothers be allowed to stay with their children. Instead the judge left the matter to be worked out through informal negotiations between the mothers' attorneys and CPS which, as of now, plans to separate adult mothers from their children once the state finishes collecting DNA samples. In another development, CPS now says that the count of FLDS children in state custody is 437, not the originally reported 416.

Court Says Gideon Bible Distribution To 5th Graders Violated Establishment Clause

In Roe v. Tangipahoa Parish School Board, (ED LA, April 22, 2008), a Louisiana federal district court held that the distribution of Gideon Bibles to 5th grade students at a Louisiana public school violated the Establishment Clause. The court said:

Despite the principal's statement that the children did not have to take a Bible, by allowing the Gideons to set up immediately outside the principal’s office, the School Board "created the impression in young, impressionable minds that 'the school endorsed a particular belief: Christianity.'" ... Therefore, this Court determines that the distribution of Bibles was ultimately coercive...; that distribution of Bibles is a religious activity without a secular purpose... and that distribution by the Gideons amounted to promotion of Christianity by the School Board....

The Advocate yesterday reported on the court's decision. (See prior related posting.)

Israel High Court Gives Citizenship To Messianics-- Does Not Recognize Them As Jews

Yesterday's Jerusalem Post reports on a ruling handed down last week by Israel's High Court of Justice which is apparently being misreported in some Christian media. In the case, the High Court agreed to remove a pending petition without making a ruling after the petitioners, twelve Messianic Jews, and the Interior Ministry agreed that the Messianics would be granted automatic citizenship under the Law of Return, as amended. The Court's ruling is set out (apparently in full) by Christianity Today. The decision, however, does not recognize the Messianics as Jews, nor does it grant them equal status with Jews.

Two notions underlie the High Court's disposition of the case. First,the Law of Return as amended in 1970 applies not just to Jews, but also to non-Jewish children and grandchildren of Jews, except for a person who has been a Jew and has voluntarily changed his religion. A Jew is defined as the child of a Jewish mother or someone who has converted to Judaism. The child of a Jewish father and a non-Jewish mother is not Jewish, and that person's embrace of another religion does not make him or her a convert who is ineligible for citizenship under the Law of Return.

The 12 Messianics involved in last week's case were children of Jewish fathers, not of Jewish mothers. Therefore the decision is not inconsistent with the Beresford case handed down 15 years ago in which the High Court held that Messianic Jews whose mothers were Jewish (and thus who were originally recognized as Jewish) are not entitled to citizenship under the Law of Return because they were Jews who had voluntarily converted.

India's Supreme Court Rejects Bid For Pilgrimage Funding For Non-Muslims

India's Supreme Court on Monday dismissed a petition seeking to have it order the government to fund pilgrims of Hindu, Jain and Buddhist faiths to visit places of worship in China, Pakistan, Bangladesh, Sri Lanka and Nepal to the same extent as the government funds Muslim Haj pilgrims. According to The Hindu, a 3-judge panel said the matter should be pursued by petitioning the government, not through litigation. The public interest litigation petition that had been filed with the court alleged that thew differential funding amounted to religious discrimination that violates Art. 15 of India's Constitution.

8th Circuit Hears Arguments In Sacramental Marijuana Case

Last Friday, the U.S. 8th Circuit Court of Appeals heard oral arguments in Olsen v. Mukasey. A recording of the full oral argument is available online. The Rutherford Institute, which is assisting Olsen in his appeal, describes the case. At issue is whether marijuana use by Carl Olsen, a member of the Ethiopian Zion Coptic Church (EZCC), is protected by the Religious Freedom Restoration Act. The court below held that Olsen's claim was barred by collateral estoppel because of litigation in the 1980's and '90's in which Olsen was involved. However Olsen argues that intervening precedent precludes application of collateral estoppel. Many of the documents in the appeal, including briefs, are available on the EZCC website.

Afghanistan Orders TV Networks To End Indian Soap Operas

According to yesterday's New York Times, Afghanistan's Minister for Information and Culture has ordered television networks to stop broadcasting five popular Indian soap operas. In consultation with the Council of Clerics, the government decided that the soaps are inconsistent with Afghan religion and culture. Yesterday's International Herald Tribune says that only two networks have complied, and that the others face possible legal action. (See prior related posting.)

Court Dismisses Claim Against US Over Local School Practices

Not surprisingly, a Connecticut federal district court has dismissed a somewhat incoherent lawsuit brought by a pro se plaintiff against the United States and the U.S. Supreme Court. In Edwards v. United States, 2008 U.S. Dist. LEXIS 32449 (D CT, April 21, 2008), plaintiff alleged that the United States infringed free expression and free exercise provisions by preventing volunteers and teachers from expressing Judaeo-Christian religious beliefs and sharing biblical teachings in the nation's public schools, while permitting presentation of "unsafe" and "destructive" beliefs of other cultures in the schools. Her complaint sets out examples relating to a school in Trumbull, Connecticut which her children attend. The court held that the U.S. has not waived its sovereign immunity as to this claim and that plaintiff lacked standing because the actions of the local school officials involved cannot be traced to the United States.

Tuesday, April 22, 2008

CRS Issues Report On Churches and Political Campaign Activity

The Congressional Research Service recently released a study titled Churches and Campaign Activity: Analysis Under Tax and Campaign Finance Laws, (April 14, 2008). The 15-page report reviews campaign restrictions imposed on churches by the Internal Revenue Code and the Federal Election Campaign Act, discusses the IRS Political Activity Compliance Initiative and analyzes H.R. 2275 which would repeal the Internal Revenue Code restriction on political activity by non-profits. [Thanks to Steven H. Sholk for the lead.]

Court Rejects Challenge To "In God We Trust" License Plates

A Marion, Indiana state court judge last week dismissed a lawsuit filed by the ACLU seeking to require the Indiana Bureau of Motor Vehicles to treat the "In God We Trust" license plates it issues as "special group recognition" plates that carry an additional $15 administrative fee. UPI reports on the decision by Marion Superior Court Judge Gary Miller who ruled that the 1.6 million plates carrying the motto were made with the same process used to mass-produce the standard Indiana license plates. Therefore no special handling fees needed to be charged. The lawsuit had argued that waiver of the fee amounts to promotion of the religious-themed plate by the state. (See prior related posting.)

Cert. Denied In 1964 Civil Rights Act Religious Exemption Case

Yesterday the U.S. Supreme court denied certiorari in LeBoon v. Lancaster Jewish Community Center, (Case No. 97-943) (Order list.) In the case, the U.S. 3rd Circuit Court of Appeals, in a 2-1 decision, had held that the Lancaster, Pennsylvania Jewish Community Center was entitled to the religious institutions exemption in the 1964 Civil Rights Act even though it was not under the control of a synagogue. (See prior posting.)

Court Refuses To Overrule Diocese Decision to Close Church

According to an article in last Friday's Toledo Blade, a Seneca County, Ohio trial court judge has refused to overrule the decision of the Diocese of Toledo made two years ago to close the former St. James Catholic Church in rural Seneca County. Judge Michael Kelbley wrote: "The decision of Bishop Leonard Blair to close a parish in the present case was the sort of purely ecclesiastical decision that may not be reviewed by this or any court." Ex-parishioners say they plan an appeal. Meanwhile, an April 30 hearing is scheduled to decide who is entitled to personal property, such as church members' guitars and a CD player, that was locked inside the church building when it was closed. The parties hope they can resolve this matter before the scheduled hearing date.

DC Circuit Hears Oral Argments In Case On White House Logs of Pastors' Visits

The D.C. Circuit Court of Appeals yesterday heard oral arguments in Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security. In the case, a federal district court held that the Secret Service had to release records of visits to the White House and to Vice President Dick Cheney's residence by nine prominent conservative Christian leaders. The records were sought by a watchdog group seeking to show the influence of religious leaders on Bush administration policies. (See prior posting.) The AP reports that in yesterday's Court of Appeals arguments, judges pressed the parties for suggested compromises between secrecy and he President's right to confidential advice. Many of the pleadings and other documents in the case are available from the CREW website.

Court Refuses To Order Church Election For Pastor

In Worcester, Massachusetts last week, a state trial court judge refused to issue a preliminary injunction requiring the Second Baptist Church to schedule an election on the nomination of Rev. Thurman A. Hargrove as the church's pastor. Earlier this year the court refused to issue a preliminary injunction to prevent the dismissal of the 79-year old Hargrove who had been serving as pastor. The latest claim grew out of an attempt by one of Hargrove's supporters to get him reinstated by nominating him under the church's bylaws. The court said that a review of the bylaws failed to support Hargrove's claim that an election was required. It also noted that the First Amendment limits the circumstances under which it can intervene in church affairs. Last Friday's Worcester Telegram & Gazette reports on the decision.

EU Will Not Press Claim Against Ireland's Employment Law Exemptions

According to Sunday's Dublin Independent, the president of the European Union Commission has announced that the EU will not pursue a case against Ireland's religious organizations exemption from its equal opportunity laws. Earlier this year, European Commissioner for Employment, Social Affairs and Equal Opportunities, Vladimír Špidla, had issued "reasoned opinions"-- the second step in the enforcement process-- against 10 EU states, including Ireland, for failing to properly implement the EU's Employment Directive. (ESAEO Press Release). The EU had charged that Ireland's Equality Acts 2000-2004 created too broad an exemption from the EU directive's ban on religious discrimination. The EU had particularly objected to the provision in Irish law permitting a religious organization to reject applicants who could harm the organization's religious ethos. (CI News, Feb. 22, 2008) Apparently the EUs decision not to proceed with enforcement is an attempt to assuage Irish feelings before a crucial referendum on the Treaty of Lisbon. [Thanks to Scott Mange for the lead.]

New York Episcopal Diocese Sues Break-Away Congregation Over Property

In another of the numerous disputes between the Episcopal Church USA and break-away congregations, last week the Episcopal Diocese of Central New York filed suit against the Church of the Good Shepherd in Binghamton. Episcopal News Service reports that last November, the congregation voted to reaffiliate with the Anglican Church of Kenya. Central New York Bishop Gladstone "Skip" Adams had offered the congregation use of its current facilities for one year while it sought a new location. When that was rejected, the Diocese sued for an accounting of real and personal property which it says are held in trust for the Episcopal Church and the Diocese.

Monday, April 21, 2008

Politicians Send Passover Greetings

As the Jewish festival of Passover began last week, not only did Jews in the U.S. and around the world receive the traditional well wishes of the U.S. President (full text of President's April 18 Message), but they also received greetings from Presidential candidates Hillary Clinton (full text), Barack Obama (full text) and John McCain (full text). New York Times columnist William Kristol today analyzes the seemingly routine Passover statements from the three Presidential contenders, finding differences in emphasis among them. He writes: "So if Clinton’s Passover message is liberal, and Obama’s is multicultural, one might call McCain’s Zionist."

FLDS Children Remain In Custody As Legal Issues Swirl Around Them

On Friday, Texas District Judge Barbara L. Walther ruled that the 416 children taken from the compound of the FLDS sect in Eldorado, Texas (see prior posting) would remain in state custody, at least for now. She also ordered DNA paternity testing for all the children. (Ft. Worth Star Telegram.) Sunday's Los Angeles Times says that an individual hearings on each child's status will be held by June 5, using judges from around the state. It also reports on the quick response of the Texas bar to the legal needs of the parties:

At the beginning of last week, mass e-mails were sent out to attorneys appealing for volunteers. There was a run on paper as court officials sought to make thousands of copies so each attorney would have all of the filings. A 3 1/2 -hour training session was set up in a local bank to train attorneys on family code laws. As attorneys from across the state signed up to offer their services for free, hotels booked up in the college town of San Angelo. E-mails went out appealing for locals to offer spare rooms, sofas and cots.

Sunday's Salt Lake Tribune says that the breadth of the court's custody ruling may set the stage for a constitutional test of the ban on polygamy. Meanwhile today's Christian Science Monitor discusses the unusual public relations campaign undertaken by the FLDS women who are attempting to regain custody of their children.

Indonesia Says It Will Dissolve Deviant Muslim Sect

Last week the government of Indonesia announced it would issue a joint decree to outlaw Ahmadiyah sect. The move followed a recommendation by the Coordinating Board for Monitoring Mystical Beliefs in Society (Bakor Pakem). It said Ahmadiyah had not committed to a declaration it signed in January acknowledging mainstream Islamic teachings and renouncing the sect's "deviant" beliefs. Particularly at issue in the Ahmadiyah belief that Mirza Gulam Ahmad, not Muhammad, is the last prophet in Islam. The Jakarta Post reported that on Sunday several thousand Muslim hard-liners staged a rally urging the government to move ahead with its ban. One rally leader told the crowd: "Ahmadiyah members have violated our human rights by disturbing our practice of Islam! They are trying to poison our minds with this new prophet nonsense." A number of moderate clerics, however, oppose the government's plan. Also the Ahmadiyya Muslim Community Canada has issued a statement strongly condemning of the Indonesian government's plans. The statement said: "History has shown that where religious extremists are appeased, eventually, the erosion of constitutional freedoms inevitably results."

UPDATE: In a move against another "deviant" Islamic sect, on Wednesday an Indonesian court sentenced Ahmad Mushaddeq to four years in prison for blasphemous acts. The AP reports that in 2000 Mushaddeq formed the Al-Qiyadah Al-Islamiyah sect that, at its height, had 40,000 followers.

UPDATE: On April 28, Reuters reorted that hundreds of hardline Indonesian Muslims attacked and burnt an Ahmadiyya mosque in West Java after the mosque failed to remove a signboard.

Freethinkers Sue Fargo Over Refusal To Pemit Monument Near City Hall

In Fargo, North Dakota last Friday, the Red River Freethinkers filed a federal lawsuit alleging that the city of Fargo violated their constitutional rights when it refused to permit the Freethinkers to place their own monument near a 10 Commandments monument that has been on City Hall mall since 1961. (See prior posting.) The Freethinkers want to put up a monument reading "The government of the United States of America is not in any sense founded on the Christian religion." Also at issue in the lawsuit is an initiated measure adopted by Fargo City Commission that prohibits the city from removing monuments-- like the 10 Commandments-- that have stood on city property for 40 years or more. A series of article in the Fargo Forum over the last few days discuss the new lawsuit filed in federal court alleging freedom of expression and Establishment Clause violations. (1, 2, 3, 4.)

Friday, April 18, 2008

Pope Addresses United Nations-- Focuses On Human Rights

Pope Benedict XVI this morning addressed the United Nations General Assembly in New York Beginning hs speech in French, he continued in English. (Full text.) A significant portion of his remarks focused on human rights issues as Benedict noted that this year marks the 60th anniversary of the Universal Declaration of Human Rights. The Pope said in part:

Human rights, of course, must include the right to religious freedom, understood as the expression of a dimension that is at once individual and communitarian - a vision that brings out the unity of the person while clearly distinguishing between the dimension of the citizen and that of the believer. The activity of the United Nations in recent years has ensured that public debate gives space to viewpoints inspired by a religious vision in all its dimensions, including ritual, worship, education, dissemination of information and the freedom to profess and choose religion.
It is inconceivable, then, that believers should have to suppress a part of themselves - their faith - in order to be active citizens. It should never be necessary to deny God in order to enjoy one's rights. The rights associated with religion are all the more in need of protection if they are considered to clash with a prevailing secular ideology or with majority religious positions of an exclusive nature. The full guarantee of religious liberty cannot be limited to the free exercise of worship, but has to give due consideration to the public dimension of religion, and hence to the possibility of believers playing their part in building the social order.

The Washington Post reports on the Pope's s address and also links to a video of his speech to the General Assembly. In separate remarks (full text), the Pope gave special thanks to the administrative staff and employee of the United Nations for their ongoing work.

Passover Begins Tomorrow Night; Court Upholds Passover Food Limits At Federal Prison

The Jewish festival of Passover begins tomorrow evening. On Wednesday, just in time for the holiday, a Connecticut federal district court dismissed a challenge by Agnes Kole, a Jewish inmate at Danbury federal prison, to the reduced number of kosher for Passover items available for inmates to purchase this year. In Kole v. Lappin, (D CT, April 16, 2008), the court held that since 3 adequate kosher for Passover meals per day are furnished to plaintiff, she has not shown that her religious exercise is burdened by the limit on additional items available from the Commissary. The court also rejected plaintiff's retaliation and equal protection claims. Yesterday's Connecticut Post, reporting on the decision, quoted Kole's attorney who said: "It's too bad prison officials are being so hard-headed about this."

DC Circuit Affirms Dismissal of Navy Chaplain's RFRA Claim

In Klingenschmitt v. Winter, (DC Cir., April 14, 2008), the D.C. Circuit Court of Appeals affirmed the dismissal of a lawsuit filed by Navy chaplain Gordon Klingenschmitt. After the Navy refused to accept a change of endorsing organizations for Klingenschmitt's chaplaincy, Klingenschmitt resigned. The court said that because the Navy's initiation of separation proceedings against Klingenschmitt was mandatory when he lost his original endorsement, the proceedings could not have been motivated by retaliatory animus. And since Klingenschmitt is no longer a chaplain, he lacks standing to seek injunctive or declaratory relief as to his complaint that Navy regulation of his religious expression was contrary to the Religious Freedom Restoration Act. (See prior related posting.)

President Speaks At National Catholic Prayer Breakfast

President Bush this morning attended the National Catholic Prayer Breakfast at the Washington Hilton Hotel, along with a number of members of Congress, Chief Justice John Roberts, Solicitor General Paul Clement and others. His remarks (full text) focused on a number of issues of concern to U.S. Catholics-- the Pope's visit, the Bush administration's anti-abortion policies, his faith-based initiative and proposals to strengthen inner-city Catholic schools. He praised the social service work of Catholic agencies in the U.S. and abroad. President Bush also announced that next week there will be a White House Summit on Inner-City Children and Faith-Based Schools.

Priest Sexual Abuse Victims Win Court Decision; Meet With Pope

Victims of sexual abuse by Catholic clergy won two rather different kinds of victories this week. In Delaware, a court upheld a the state's Child Victim Act against state and federal constitutional challenges. The 2007 law eliminated the statute of limitations in civil damage actions alleging sexual abuse of a minor, and also created a two-year window during which previously barred suits can be brought. In Whitwell v. Archmere Academy, Inc., (DE Super. Ct., April 16, 2008), a state trial court rejected a challenge to the two-year window, holding that "the resurrection of time barred civil remedies does not violate due process." Plaintiff in the case alleged that in the 1980's he suffered 33 months of continuous sexual abuse by a teacher and campus minister at Archmere. Yesterday's Wilmington News Journal reported on the decision.

Meanwhile, in Washington, DC yesterday, Pope Benedict XVI met with five clergy sexual abuse victims. Yesterday's Boston Globe reports on the private meeting that was facilitated by Boston's Cardinal Sean P. O'Malley.

British Spiritual Healers Object To Coverage By EU Directive

In Britain, the Spiritual Workers' Association is objecting to plans to subject them to European Union's Unfair Commercial Practices Directive. Today's London Telegraph reports that as of May 26, Britain's Fraudulent Mediums Act 1951 will be replaced by the EU directive. Mediums, psychics, tarot card readers and spiritual healers say this turns the religion of spiritualism into a consumer product. Under the new law, the burden of proof will be shifted so spiritual healers will be required to show that they did not intend to mislead or coerce consumers.

Pope Visits With Leaders of Other U.S. Religions

Yesterday evening, Pope Benedict XVI met with Muslim, Jewish, Hindu, and Buddhist religious leaders in Washington, DC. The Washington Times reports that the religious leaders as a group presented the Pope with gifts, and then split off for separate meetings with him. In his remarks to the group of leaders (full text), Benedict emphasized the importance of religious freedom and interreligious dialogue. In separate remarks to Jewish leaders (full text), the Pope extended special greetings for the festival of Passover that begins tonight. Today in New York, the Pope is scheduled to visit Manhattan's Park East Synagogue. ABC News reports that Benedict, who as a German teenager was required to join the Hitler Youth, will shake hands at the synagogue with Holocaust survivor Rabbi Arthur Schneier.

Court Rejects Ministerial Exception Defense Raised By Catholic School

In Coulee Catholic Schools v. Labor and Industry Review Commission, (WI Ct. App., April 17, 2008), a Wisconsin state court of appeals held that the "ministerial exception" does not preclude a first-grade teacher at a Catholic elementary school from bringing an age discrimination case. While the First Amendment precludes adjudication of claims under the Wisconsin Fair Employment Act if an employee's duties are ministerial, here teacher Wendy Ostlund’s duties were not primarily religious. The fact that a teacher is to model and support particular religious values is not enough to make her duties ministerial. Today's LaCrosse Tribune reports on the decision.

Pastors Council Files IRS Charges Against Americans United

The Houston (TX) Area Pastor Council has decided to turn the tables on a group that has complained to the IRS about churches becoming involved in partisan politics. A release issued Monday by the Liberty Legal Institute says a complaint has been filed with the IRS against Americans United. It charges AU, a non-profit organization, with improperly attempting to influence elections by filing and publicizing frivolous IRS complaints against pastors. It says this is an attempt to chill the speech of clergy. The complaint was particularly triggered by AU's charges against Houston pastor Steve Riggle over his endorsement of a Texas Congressional candidate. (See prior posting.) [Thanks to Blog from the Capital for the lead.]

Thursday, April 17, 2008

Hearing On Custody of FLDS Children Is Chaotic

A hearing-- generally described in an AP report as "chaotic"-- began today in San Angelo, Texas on the fate of the 415 children being held in temporary custody by the Texas Department of Family and Protective Services after last week's raid on an FLDS ranch where they lived. (See prior posting.) Today's San Angelo Standard-Times has a fascinating minute-by-minute log of events at the hearing. The 350 lawyers representing the children removed from the YFZ Ranch-- as well as representing some parents-- were divided between the court house and an auditorium in City Hall. However the video feed to the City Hall location was grainy and the audio was difficult to hear. When prosecutors attempted to introduce the medical records of two girls into evidence, logistics became unmanageable as lawyers scrambled to see the documents and register objections. State District Judge Barbara Walther called a 40 minute recess so attorneys could decide whether to object en masse or individually.

The AP says that a major issue in the case will be whether the entire YFZ Ranch is the "home" of each child, or only individual house in which the child lives. Apparently Texas law provides for removal of children if sexual abuse is occurring in a "home" and a parent does not stop it

House Passes Religious Worker Visa Extension Act

On Tuesday, the U.S. House of Representatives passed and sent to the Senate H.R. 5570, the Religious Worker Visa Extension Act of 2008. The bill extends until January 1, 2010 the eligibility of certain religious workers for visas, but also requires the Department of Homeland Security by the end of this year to issue final regulations to eliminate or reduce fraud by applicants for religious worker visas. Proposed rules were already published in the Federal Register in April, but have been the subject of concern by some religious groups. (See prior posting.) The full text of the proposed rules and the public comments that have been submitted on them is available online.

Claims Against Permit Requirement For Feeding Homeless In Park Move Ahead

In First Vagabonds Church of God v. City of Orlando, 2008 U.S. Dist. LEXIS 30842 (MD FL, March 31, 2008), plaintiffs claim that the City of Orlando (FL) violated their religious exercise, expression and assembly rights by enacting an ordinance requiring them to obtain a permit to conduct any "large group feeding" in the city's Greater Downtown Park District. Any group is limited to two permits per year. The court rejected defendants' motion for summary judgment, holding that there were sufficient issues of fact to go to trial on claims under the Florida Religious Freedom Restoration Act and First Amendment. The court dismissed equal protection and due process challenges.

Court Awards Nominal Damages and Attorneys Fees In Religious Display Case

In Doe v. Parish of St. Tammany, (ED LA, April 16, 2008), a Louisiana federal district court awarded nominal damages and attorneys' fees to plaintiff in a case challenging the display of a picture of Jesus in the foyer of the Slidell, Louisiana City Court. After a lawsuit was filed, the city broadened the display to include depictions of various lawgivers throughout history. Last year, after that change, the court refused to issue a preliminary injunction. (See prior posting.) This written opinion confirms that "the expanded display presently in the City Court lobby does not suggest to the reasonable observer that its message is of a religious nature." However, the court reiterated, the original display did violate the Establishment Clause. The AP yesterday reported on the decision.

Religion Clause Blog-- 3 Years Old Today!

Today is the third birthday of Religion Clause. Since "blog years" are even longer than "dog years," Religion Clause has at least reached puberty, if not adulthood. "It takes a village" to sustain a blog. So I want to thank my loyal community of readers for your nourishment and encouragement.

Last year at this time, I invited readers to suggest changes they would like to see. The overwhelming response was that I should not make significant changes. So I continue with the original 3-part "formula"-- (1) a clear focus on church-state and religious freedom issues in the U.S. and abroad; (2) extensive links to primary source documents; and (3) a commitment to objective, non-ideological reporting.

I am pleased that Religion Clause readership continues on an upward trend. This month-- with the Pope's visit to the U.S. and the much-publicized FLDS raid-- readership has increased significantly. If you are one of the new visitors to Religion Clause, I invite you to stick with us on an ongoing basis.

This year, the number of "Comments" posted by readers on Religion Clause has also increased significantly. A small group of readers have sometimes engaged in lengthy debates. I have generally not exercised any editorial prerogative to screen these. I am interested in reactions from other readers as to whether you find these debates useful and interesting.

So thanks again, especially to those of you who read this blog regularly. A special note of appreciation goes to those who send me "leads" on developments. I always read them and often use them. I hope all my readers will recommend the blog to others who may be interested in its coverage. And please e-mail me any comments or suggestions you may have.

Pope Expresses Concern to Bishops Over Proper Catholic Input On Public Policy

Yesterday afternoon, Pope Benedict XVI spoke to about 300 U.S. bishops gathered at the Basilica of the National Shrine of the Immaculate Conception in Washington. While much of the coverage, such as this CNS story, focused on the Pope's remarks on the priest sexual abuse scandals, the full transcript also reveals interesting comments on religion an public life in the United States. The Pope appeared particularly concerned about Catholic laity who take public policy positions uninformed by the true teachings of the Church. In his prepared remarks, Benedict said:

As preachers of the Gospel and leaders of the Catholic community, you are also called to participate in the exchange of ideas in the public square, helping to shape cultural attitudes. In a context where free speech is valued, and where vigorous and honest debate is encouraged, yours is a respected voice that has much to offer.... By ensuring that the Gospel is clearly heard ... you help to spread the message of Christian hope throughout the world.

... In the United States, as elsewhere, there is much current and proposed legislation that gives cause for concern ... and the Catholic community ... needs to offer a clear and united witness on such matters. Even more important, though, is the gradual opening of the minds and hearts of the wider community to moral truth.... Crucial in this regard is the role of the lay faithful to act as a "leaven" in society. Yet it cannot be assumed that all Catholic citizens think in harmony with the Church's teaching on today's key ethical questions. Once again, it falls to you to ensure that the moral formation provided at every level of ecclesial life reflects the authentic teaching of the Gospel of life.

In response to a question about "the challenge of increasing secularism in public life and relativism in intellectual life", the Pope was able to express his concerns at greater length. He said:

It strikes me as significant that here in America, unlike many places in Europe, the secular mentality has not been intrinsically opposed to religion. Within the context of the separation of Church and State, American society has always been marked by a fundamental respect for religion and its public role, and, if polls are to be believed, the American people are deeply religious. But it is not enough to count on this traditional religiosity and go about business as usual, even as its foundations are being slowly undermined....

.... Perhaps America's brand of secularism poses a particular problem: it allows for professing belief in God, and respects the public role of religion and the Churches, but at the same time it can subtly reduce religious belief to a lowest common denominator. Faith becomes a passive acceptance that certain things "out there" are true, but without practical relevance for everyday life. The result is a growing separation of faith from life.... This is aggravated by an individualistic and eclectic approach to faith and religion: ... each person believes he or she has a right to pick and choose, maintaining external social bonds but without an integral, interior conversion to the law of Christ. Consequently ... Christians are easily tempted to conform themselves to the spirit of this age.... We have seen this emerge in an acute way in the scandal given by Catholics who promote an alleged right to abortion.

On a deeper level, secularism challenges the Church to reaffirm and to pursue more actively her mission in and to the world.... In a word, the Gospel has to be preached and taught as an integral way of life, offering an attractive and true answer, intellectually and practically, to real human problems....

... I believe that the Church in America, at this point in her history, is faced with the challenge of recapturing the Catholic vision of reality and presenting it, in an engaging and imaginative way, to a society which markets any number of recipes for human fulfillment. I think in particular of our need to speak to the hearts of young people, who, despite their constant exposure to messages contrary to the Gospel, continue to thirst for authenticity, goodness and truth....

Ohio School Teacher Refuses To Remove Bible From Student View

In Mt. Vernon, Ohio, Mt. Vernon Middle School teacher John Freshwater is battling school officials who last week told him to remove the Ten Commandments from the door to his classroom and remove the Bible on his desk from the view of students. Yesterday's Columbus Dispatch reports that Freshwater, who is known for teaching his students about intelligent design, complied with the directive to remove the Ten Commandments, but refused to move his Bible. Instead he issued a defiant press release. Yesterday, nearly 100 people gathered on Public Square in Mt. Vernon in a show of support for Freshwater. (Mount Vernon News). The school district has merely said that it is required "under the First Amendment of the United States Constitution to protect against the establishment of religion in the schools."

UPDATE: An article in Wednesday's Mount Vernon News gives some context to the dispute with Freshwater. The Mt. Vernon Board of Education this week turned down a proposed policy that called for inclusion in science classes of information critical of evolutionary theories. The proposal by school board member Dr. Margie Bennett revived an "objective origins science policy" that was turned down at a previous meeting and that had been proposed by none other than teacher John Freshwater.

French Prime Minister Honors Anniversary of Jewish Consistories

The European Jewish Press today reports that this is the 200th anniversary of Napoleon's creation of Jewish consistories in France, set up by imperial decree to organize the life of the Jewish community in the empire. In a speech in Paris' main synagogue marking the bicentennial, French Prime Minister François Fillon emphasized the importance of "secularism" in protecting freedom of worship. He also said: "The patriotism of the Jewish community has never sagged. In spite of certain prejudices and humiliations from part of the French society in several circumstances, the love of France never became exhausted."

Wednesday, April 16, 2008

Pope Welcomed In Elaborate White House Ceremony

The New York Times reports on this morning's elaborate welcome on the South Lawn of the White House for Pope Benedict XVI. Some 13,500 guests watched as both President Bush and the Pope delivered remarks (full text). The President said in part:

Here in America you'll find a nation that welcomes the role of faith in the public square.... Here in America, you'll find a nation that is fully modern, yet guided by ancient and eternal truths.... Most of all, Holy Father, you will find in America people whose hearts are open to your message of hope.

The program included the singing of the Lord's Prayer by soprano Kathleen Battle. At yesterday's White House press briefing (full text), reporters raised the issue of religious elements in the planned welcome through this exchange:

Q :How does the White House balance the different elements for an arrival ceremony? Is it a secular head of state arrival? Is it, in part, religious overtones, with the singing of "The Lord's Prayer"?

[PRESS SECRETARY] PERINO: Well, this is a little bit different, in that the head of state is also the head of the Catholic Church that is visiting the White House. And so I think we've struck the right balance, and that it's perfectly appropriate for the White House to welcome the Pope and have one of the songs performed tomorrow by Kathleen Battle -- who we are very happy to have at the White House -- she'll be singing "The Lord's Prayer." And many people across America and across the world say that prayer in order to provide themselves comfort and confidence in getting their day started. And so we think it's perfectly appropriate.

10th Circuit Says RFRA Gives Defense, Not Immunity From Trial

In United States v. Quaintance, (10th Cir., April 15, 2008), defendants who were members of the Church of Cognizance, were indicted for possession of marijuana and related offenses. They raised a defense under the Religious Freedom Restoration Act. The trial court, after a hearing, refused to dismiss the indictment and refused to permit defendants to raise a RFRA defense at trial because they had not shown the existence of a sincerely held religious belief. Defendants attempted to appeal that order before they were actually tried, arguing that a First Amendment free exercise right is lost if not vindicated before trial. The Court of Appeals disagreed, holding that RFRA and RLUIPA are statutes that create defenses, not a right to avoid trial. It rejected the argument that this case is within the collateral order exception to the requirement that only final judgments can be appealed. (See prior related posting.) [Thanks to Carl Olsen for the lead.]

3rd Circuit Upholds Ban on Coach's Pre-Game Prayer

In Borden v. School District of the Township of East Brunswick, (3d Cir., April 15, 2008), the U.S. 3rd Circuit Court of Appeals reversed the district court and upheld the East Brunswick, New Jersey School District’s policy prohibiting faculty participation in student-initiated prayer. The lawsuit was filed by high school football coach Marcus Borden who wished join with his team in bowing his head during the team's pre-meal grace and taking a knee during a prayer in the locker-room by team members. The court held that the school policy was neither vague nor overboard, and its application to Borden did not violate his free speech rights. It went on to hold that the school district had a right to adopt the policy because it was concerned with Establishment Clause violations. It said:

when viewing the acts in light of Borden’s twenty-three years of prior prayer activities with the East Brunswick High School football team during which he organized, participated in, and even led prayer activities with his team, a reasonable observer would conclude that Borden was endorsing religion when he engaged in these acts.

In interesting dicta, the majority said: "We agree with Borden that bowing one’s head and taking a knee can be signs of respect. Thus, if a football coach, who had never engaged in prayer with his team, were to bow his head and take a knee while his team engaged in a moment of reflection or prayer, we would likely reach a different conclusion because the same history and context of endorsing religion would not be present." In a concurring opinion, Judge McKee disagreed with this dicta. Judge Barry also wrote a concurrence. Newsday reports on the decision.

Georgian Party Wants To Create Orthodoxy As Official Religion

In the western Asian nation of Georgia, the Christian Democratic Party is seeking to obtain 200,000 signatures on a petition to Parliament asking it to to amend the country's Constitution. The Messenger yesterday reported that the proposal is aimed at making Christian Orthodoxy the "official religion" of Georgia. The current Constitution merely recognizes the "special role" of the Orthodox Church in the history of the country.

White House Proclamation Marks Rebbe's 106th Birthday

Yesterday in the Oval Office, joined by a number of Chabad-Lubavitch emissaries, President George W. Bush signed a proclamation declaring April 16, 2008 as Education and Sharing Day. As reported by Chabad.org News, the day is the 106th anniversary of the birth of Chabad's now deceased Rebbe, Rabbi Menachem Mendel Schneerson. Presidential Proclamations marking the day have been issued each year since 1978.

UPDATE: The full text of the 2008 Proclamation is now available from the White House website.

Dutch Court Rejects Religious Objections of Marriage Registrars

In the Netherlands, the Equal Treatment Commission (CGB) ruled yesterday that the country's Equal Treatment Act is not violated when a municipality insists that applicants for the position of marriage registrar be willing to conduct same-sex marriage ceremonies as well as heterosexual ceremonies. NIS News says that the new ruling rejects arguments that religious objections to performing such ceremonies should be recognized. The CGB is an advisory court.

Tuesday, April 15, 2008

Pope Greeted Upon Landing By President; Tomorrow's Schedule Announced

Pope Benedict XVI landed at Andrews Air Force Base today to begin his six-day visit to the United States. ABC News reports that in a rare honor, President and Mrs. Bush left the White House to greet the Pope at Andrews. This is the first official Papal visit to the U.S. since the U.S. established full diplomatic relations with the Vatican in 1984. The White House website carries a Q&A with Anita McBride, chief of staff to Laura Bush, on Pope's visit this week. The Pope's publicly announced itinerary for tomorrow-- which is also Benedict's 81st birthday--encompasses a 10:30 a.m. meeting with the President a the White House, a noon "Popemobile route" and a 5:30 meeting with the bishops of the United States at the Basilica of the National Shrine of the Immaculate Conception.

UPDATE: Last Friday, in anticipation of the Pope's visit, President George W. Bush granted a lengthy interview (full transcript) to EWTNews. In response to the question of why he was greeting the Pope at Andresw, Bush said: "Because he is a really important figure in a lot of ways. One, he speaks for millions. Two, he doesn't come as a politician; he comes as a man of faith. And, three, that I so subscribe to his notion that ... there's right and wrong in life, that moral relativism has a danger of undermining the capacity to have more hopeful and free societies, that I want to honor his convictions, as well." [Thanks to Alliance Alert for the lead.]

Mt. Soledad Cross Challenge Back In Court

After 19 years of litigation, the Mt. Soledad Cross in San Diego (CA) is still in court. Yesterday a California federal district court heard arguments in a case brought by the Jewish War Veterans. (See prior related posting.) Yesterday's San Diego Union-Tribune reports that now the litigation is against the U.S. Defense Department that took ownership of the memorial from the state of California in 2006. The issue seems to be whether Congress in enacting legislation to take title to the property was motivated by a desire to preserve a religious symbol, or instead more broadly to preserve a war memorial. Recently plaques and walls have been placed around the Cross to honor deceased veterans. Plaintiffs say these are merely tokens designed to fend off an Establishment Clause challenge.

Kentucky Judge Rejects Divorced Dad's Objection To Catholic School For Son

In La Grange, Kentucky yesterday, an atheist father lost his bid to prevent his divorced wife from sending their son to a Catholic high school in Louisville that the boy prefers. The Louisville Courier-Journal reports that Oldham County family court judge Tim Feeley implemented his decision that attending St. Xavier High School was best for 14-year old Michael Ryan by amending the parents' joint custody agreement to give Michael's mother "sole custody of Michael as it relates to educational decision-making." Michael's father had argued that the Kentucky Constitution protected his right to not be forced to send his child "to any school to which he may be conscientiously opposed." The court's custody maneuver prevents the court from having to order either parent to send or not send Michael to a particular school. (See prior related posting.)

British Vicar Will File Employment Rights Lawsuit

In the English village of Trumpington, Rev. Dr. Tom Ambrose, the vicar of St. Mary and St. Michael Church, says he will file a civil suit in the High Court and in an employment tribunal to challenge his firing by the Church of England. An article from yesterday's Cambridge News reports that Ambrose apparently angered his parishioners by his proposals to build a new bathroom in the church and through his use of Power Point slides in his sermons. He delivered personal attacks on members of the Parochial Church Council in his sermons, and, it was alleged, spat at, lied to and bullied members of his congregation. Ambrose says he hopes to be the first clergyman to successfully assert that British employment rights laws protect him from wrongful dismissal by the Church tribunal that was convened to hear his case.

Recent Prisoner Free Exercise Cases

In Gelford v. Frank, (7th Cir., March 12, 2008), the U.S. 7th Circuit Court of Appeals agreed with prison authorities that they could deny Wiccan plaintiffs the right to acquire tarot cards, runes, Ogham sticks, pendulums, scrying mirrors, and I Ching coins or sticks. the cour said there was no evidence that the requested religious items are significant enough to Wiccans that being denied access would impose a substantial burden on their religious exercise.

In Atomanczyk v. Quarterman, 2008 U.S. Dist. LEXIS 27842 (ND TX, April 3, 2008), a Texas federal district court rejected Free Exercise, RLUIPA and equal protection claims by an inmate who identified himself as a "Religious Consciencious Adherant." He complained that prison rules require him to shave his beard and cut his hair; and deny him eligibility for a "special religious transfer" based on his custody classification.

In Nolley v. County of Erie, 2008 U.S. Dist. LEXIS 27686 (WD NY, March 31, 2008), a New York federal district court rejected claims by plaintiff that her Free Exercise rights were violated while she was held as a pre-trial detainee. She claims that on six occassions, she was denied the opportunity to attend church services and bible study. the court held that plainitff's complaint failed to allege the elements of a First Amendment claim.

In Sharp v. Johnson, 2008 U.S. Dist. LEXIS 29360 (WD PA, April 7, 2008), in a lengthy opinion a Pennsylvania federal magistrate judge rejected on a variety of procedural and substantive grounds plaintiff's complaint that prison authorities refused to separately recognize and accommodate a break-away group of some 50 Sunni Muslim prisoners who claimed that their Ahlus Sunnati wal Jama'ah sect differed in beliefs and practices from the recognized Sunni group of Muslim prisoners.

In Hernandez v. Mera, 2008 U.S. Dist. LEXIS 29596 (SD FL, March 4, 2008), a Florida federal magistrate judge recommended rejection of plaintiff's complaint that administrative confinement inmates are prohibited from participating in any religious programs or church services. The court held that plaintiff failed to name any individual responsible for the claimed denials.

Chabad.org News reported on Sunday that Vermont has settled Bock v. Gold, a suit brought by a Jewish prisoner who had been denied kosher food and various items to celebrate the holidays of Passover, Hanukkah and Purim. Last November, a federal magistrate judge ruled that plaintiff's free exercise claim for punitive damages could move ahead. In the settlement, the state agreed to pay damages of $25,000, change its religious practice rules for prisons (see prior posting), and rely for Jewish prisoners on recommendations of the Aleph Institute.

ACLU Will Not Challenge Tax Incentives For Tennessee Bible Park

The ACLU of Tennessee has decided that, at least for now, it will not challenge the tax incentives provided by a Tennessee county for construction of Bible Park USA . Yesterday's Murfreesboro Daily News Journal reports that the decision was disclosed in a letter to individuals who complained to the ACLU that the tax incentives might violate the Establishment Clause. The Rutherford County Industrial Development Board passed a resolution allowing creation of an economic development zone for the park. This will save the park some $27.9 million in property taxes over the next 22 years. The park will also be able to borrow several million dollars through tax-increment financing to help pay for construction. The ACLU concluded, however, that the project is only getting tax incentives that are generally available to similar business ventures. No government funds will be directly used for religious activities or materials.

Cert. Denied In RLUIPA Zoning Case

Yesterday the U.S. Supreme court denied certiorari in Greater Bible Way Temple v. City of Jackson, MI, (Case No. 07-1080) (Order List). In the case (see prior posting), the Michigan Supreme Court rejected a RLUIPA challenge to a refusal to rezone church property. The Church had wanted to build an apartment project on the land located across the street from the Church building.

Monday, April 14, 2008

Massachusetts High Court Says Nudity to Support Christmas Can Be Prosecuted

In Commonwealth v. Ora, (MA Sup. Jud. Ct., April 10, 2008), the Massachusetts Supreme Judicial Court permitted a prosecution for "open and gross lewdness and lascivious behavior" to proceed, reversing a trial court's holding that the law that bans public nudity is facially unconstitutional. The Massachusetts high court said: "Our decisional law has narrowed the application of G. L. c. 272, § 16, so that it does not impermissibly prohibit protected expressive conduct. We have held that the statute cannot be constitutionally applied to public displays of lewdness and nudity unless they are imposed upon an unsuspecting or unwilling audience.... and that conviction under the statute requires the display of nudity to be intentional, done in a manner to produce alarm or shock, and actually producing alarm or shock." The charge was brought against Ria Ora for dancing nude in Harvard Square as part of a June 25 annual protest against the commercialization of Christmas. A video of the oral arguments in the case as well as the briefs are available from the court's website. Friday's Boston Herald reports on the decision. [Thanks to Legal Blog Watch for the lead.]

Clinton and Obama Participate In Compassion Forum

Democratic presidential candidates Hillary Clinton and Barack Obama each answered extensive questions last night at the "Compassion Forum" held at Messiah College in Grantham, Pa. In separate segments of the Forum, broadcast live on CNN, each candidate was asked about personal religious beliefs and about a wide range of issues of interest to religious voters. Questions were posed by the moderators and by religious leaders in the audience. Republican presumptive nominee, Sen. John McCain, declined to participate in the Forum. CNN and the New York Times both report on the Forum. Real Clear Politics has posted the full transcript of the Clinton and Obama interviews.

Hawaii Court Permits Suit By Church Members To Proceed

In Baldonado v. Way of Salvation Church , (HI Inter. Ct. App., April 10, 2008), an Hawaii appellate court refused to apply the ecclesiastical abstention doctrine to a lawsuit by members of a congregational church. It held that civil courts can apply Hawaii's non-profit corporation law to claims of misuse of church assets and improper expulsion of plaintiffs as members. The controversy did not involve courts in the determination of church law or doctrine.

California City Will Vote to Change Motto To "In God We Trust"

While California held its presidential primary in February, it will have a primary election for other offices on June 3. (Background). Voters in the city of Porterville will vote on whether to change the city's official motto from "100 Years of the Good Life" to "In God We Trust". KFSN News reported last week that the city has already designed a new city flag displaying the motto. The new flag is on display in City Hall chambers. Residents appear split on the ballot proposal. [Thanks to Scott Mange for the lead.]

Wisconsin Village To Sell Religious Display To Private Group

Holmen, Wisconsin's Village Board seems to have found an response to a citizen's church-state complaint. A display of a cross and a star has been on Star Hill since 1960 when the city and the Lions Club shared the cost of construction. Five years ago the village bought Star Hill land, including the display, for a water reservoir. (See prior posting.) At its May meeting, the Village Board will vote on selling the part of the property housing the display at its $100 appraised value to the Lions Club in hope of ridding the village of the church-state conflict. Yesterday's Holmen Courrier says that after the sale, the site will be fenced to designate which land is privately owned. It is not clear whether the city will continue to pay the cost of electricity to light the cross during Lent each year.

Sunday, April 13, 2008

Law and Religion Conference Transcripts Available Online

Emory University's Center for the Study of Law and Religion has made available online the full transcripts of 27 speakers at last October's conference titled "The Next 25 Years of Law and Religion". Video webcasts of ten of the presentations are also available. Conference keynoter, former Emory University President James T. Laney, said in part:

Law and religion have a relationship, as we all know, that go back to the beginning, to the mists of time.... Both deal with text, tradition, interpretation, authority, and behavior. Both have personal as well as institutional expressions. Both are tempted to consider themselves ultimate or paramount, and that is all the more reason why two should be in dialectal partnership. Most importantly, they both deal with the "should" of life.... How we should live. How society should run....

German Court Says Beret Banned For Teachers, Just Like Headscarves

According to an AP story last week, a court in the German state of North Rhine-Westphalia has ruled that a Muslim teacher is barred from wearing a beret in class, just as she is barred from wearing a headscarf. A regional law prohibits teachers from making religious statements that might infringe on state neutrality toward students and parents.

Community College Faces Suit Over Philosophy Prof's Requirement

According to World Net Daily on Friday, the American Center for Law and Justice is threatening a lawsuit against New York's Suffolk County Community College. In a demand letter, the ACLJ claims that a philosophy professor at the college requires students to acknowledge the possibility that God does not exist in order to participate in his course. A philosophy course is required for graduation. Gina DeLuca, a student who insisted on maintaining her Christian beliefs, says her grades on her coursework went down because of her insistence, and the prof labeled her "closed-minded." ACLJ says that while it is appropriate to require students to learn about various philosophers and their views, it is unconstitutional for a state school to require students to express agreement with views that conflict with their own.

"Winning The Peace" Course Prepares Cadets For Iraq-Afghan Deployments

Yesterday's Lower Hudson Journal News reports on the course titled "Winning the Peace" that West Point Army cadets have been taking for the past four years. Aimed at cadets likely to be deployed to Iraq or Afghanistan, the course is designed to teach them about different religions and cultures and to train them for community outreach and policing. The semester-long course features some 30 speakers on a variety of topics. It culminates in a 3-day trip to Jersey City, hosted by the Jersey City Police Department and the city's Islamic Center, during which cadets study cultural diversity firsthand. They sleep on the carpeted floor of a Jersey City mosque, and interact with religious and ethnic leaders. Examples are a Q&A with Coptic Orthodox priests and attending evening prayers at the mosque.

Frankenmuth, Michigan In Church-State Controversy

Another city, this time Frankenmuth, Michigan, finds itself in the midst of a church-state battle. After city resident Lloyd C. Clarke argued that they violate the Establishment Clause, Frankenmuth removed two 1-foot tall crosses from its Main Street bridge. Clarke is also considering challenging a cross that appears on Frankenmuth's city shield. That cross is part of a symbol of Lutheranism called the Luther Rose. (Saginaw News, Apr. 9). In response to all of this, three churches in the city have offered to make 1,000 3-foot wooden crosses for members to display at their homes and businesses. Clarke says he thinks that is completely appropriate. Another Frankenmuth group plans to sell shield pins with yellow ribbons that residents can wear. (Saginaw News, Apr. 11). Frankenmuth attracts over 2 million tourists annually to a year-round retail store, Bronner's Christmas Wonderland, that sells Christmas decorations and Christmas-themed items.

Faith-Based Prison Programs Are Controversial In Israel Too

Controversial faith-based prisoner rehabilitation programs apparently are not limited to the United States. Today's Haaretz reports on the large sums funneled by the government of Israel to religious revivalist groups that work to convince Israeli prisoners to adopt an observant Orthodox Jewish lifestyle. Israel Prison Services says they provide religious services to inmates, but do not engage in proselytizing. The opinion piece in Haaretz urges the government to end its funding of these programs.

Numerous Second Thoughts and Concerns About FLDS Raid Are Aired

A number of questions are being raised in the wake of the massive raid of an FLDS ranch in Eldorado, Texas. (See prior posting.) Yesterday's New York Times said that the raid is complicating matters for law enforcement officials in Utah and Arizona who had begun to reach out to FLDS groups in their states and to win the confidence of girls who were taken as under-age wives. Now those groups are pulling back as they wait to see how things play out in Texas.

Meanwhile, Michael Piccarreta, one of the attorneys for former FLDS leader Warren Jeffs, suggeted that the call from a 16-year old that triggered the YFZ Ranch raid may not have been authentic. Fox News reports that Piccarreta sugested the call was a ruse because Child Protective Services in Arizona recently got a similar report about a teenager supposedly in Colorado City, Arizona, and were unable to locate her just as Texas authorities have not located their caller.

News Busters yesterday carries the transcript of an interview with George Washington Law School Prof. Jonathan Turley on ABC's Good Morning America in which Turley questions the constitutionality of banning polygamy that does not involve child abuse.

This week's Texas Lawyer points out the difficulties in obtaining enough attorneys to serve as guardians and attorneys ad litem for each of the children taken from YFZ Ranch. It also discusses at length the difficulties guardians will face in connection with children who say they want to return to the FLDS ranch. How to balance a child's wishes against a his or her best interests is the kind of difficult problem that requires experienced counsel. Also, so long as the children remain in custody in Sleicher County, the only court with jurisdiction over them is the district court in that county. It has only one judge. However other judges in Tom Green County have agreed to take over her other cases so she can handle the FLDS hearings.

Finally, in one of the stranger twists, McClatchy Newspapers report that large sums may have been going to FLDS or its former leader Warren Jeffs from a Las Vegas, Nevada company, NewEra Manufacturing. In recent years New Era has recieved over $1.2 million in federal government contracts, largely small-business no-bid "sole source" Defense Department contracts for aircraft wheel and brake components. It also received a $900,000 loan from the Small Business Administration in 2005. Separately, JNJ Engineering, a company owned by FLDS leaders, received $11.3 million in contracts from the Las Vegas Valley Water District. Almost all the workers for the projects came from Hildale and Colorado City, Ariz. where most of the FLDS's 10,000 members live.

UPDATE: CBN News reported Sunday that state officials have enfced a court order to confiscate cell phones of the women and children removed from YFZ Ranch in order to prevent witness tampering. The order was granted at the request of attorneys ad litem for 18 of the girls. Meanwhile aletter from a number of mothers of hte children now in state custody asks Texas Governor Rick Perry to look into the conditions under which their children are being held.

Malaysian PM Wants Mandatory Family Notification of Conversion

Attempting to deal with the increasing number of conflicts over burial rights when a person who supposedly converted to Islam dies, Malaysian Prime Minister Abdullah Ahmad Badawi on Thursday proposed new legislation that would require any person converting to Islam to notify his or her family in writing. Saturday's Economic Times of India reports that the proposal is receiving widespread support. The opposition Democratic Action Party called for the government to also make it easier for those who previously converted to Islam to return to their original religious faith if they wish to do so. Currently such individuals must go to the Shariah Court to renounce Islam. Karpal Singh, head of the DAP, said that courts should also refuse to permit the unilateral conversion of children from a civil marriage. He urged that there be no change in the child's religion until the child reaches the age of majority.

Saturday, April 12, 2008

NJ Judge Orders Halt To Jewish Services In Renovated Condo

In Toms River, New Jersey, according to APP, a state Superior Court judge on Friday ordered at least a temporary halt to to Orthodox Jewish prayer gatherings at a home that is part of a local condominium development. A Country Place filed suit in February against condo owner Anna Kahan, alleging that she violated the condo association rules by renovating without permission and using her unit for non-residential purposes. Kahan's attorney charges selective enforcement of the rules. Primarily elderly handicapped residents who cannot walk to another synagogue have been using the unit. The number of Orthodox Jews purchasing condo units in the development has been increasing. The judge ordered the halt so an engineer could inspect the renovations that had been done to see if a wall that had been removed supported other parts of the structure. Neighbors who object to the condo use say it violates the character of the neighborhood.

Norway Will End Evangelical Lutheran Church As State Religion

In Norway, in a compromise announced Thursday, the 7 political parties in the Stortinget (national parliament) have agreed to change the country's Constitution to eliminate the provision in Article 2 that reads: "The Evangelical-Lutheran religion shall remain the official religion of the State. The inhabitants professing it are bound to bring up their children in the same." Aftenposten yesterday reported that the paragraph will now instead read: "The basic values of our nation shall be our Christian and humanistic heritage." However elsewhere in the Constitution the Norwegian Lutheran Church will be designated as a "folk church", and the king will still be required to be a member of the Evangelical Lutheran faith. Instead of the government appointing bishops and deans that are nominated by the Church, under the reforms the Evangelical Lutheran Church will appoint them though they will still be state employees. Finally the Church of Norway will implement a "democratic reform" to give members more influence. The amendments need approval of two-thirds of Parliament and are expected to be approved in 2012. (See prior related posting.)

Friday, April 11, 2008

Discriminatory County Softball League Rules Changed

The Caroline County, Virginia Board of Supervisors on Tuesday said the county recreation department will change its rules governing participation in the county's softball league. Wednesday's Richmond Times-Dispatch reported that the move came after a complaint by Rich Lieberman, a Jewish resident of the county, who was told he could not sign up to play because he does not attend a church in the county. Caroline County has no synagogues. Recreation Department Director Donnell Howard said that the county never intended to exclude individuals because of their religion. Church affiliation was used as a way to organize teams and assure church funding-- rather than county funding-- for them. [Thanks to Scott Mange for the lead.]

House Resolution Welcomes Pope Benedict To U.S.

The U.S. House of Representatives on Wednesday passed H. Res. 838, welcoming Pope Benedict XVI on his first apostolic visit to the United States which begins next Tuesday. The resolution sets out many highlights of the Pope's life and religious career. Most of the events during the Pope's 6-day visit to New York and Washington will be streamed live (and then archived) at www.uspapalvisit.org.

Refusal To Photograph Lesbian Commitment Ceremony Held Discriminatory

In Willock v. Elane Photography, LLC, (NM Hum. Rts. Comm., April 9, 2008), the New Mexico Human Rights Commission held that a photography company violated the New Mexico Human Rights Act prohibition on sexual orientation discrimination when one of its husband and wife owners refused to to photograph a same-sex commitment ceremony. Sec. 28-1-7 of the Act prohibits any place of public accommodation from discriminating on the basis of sexual orientation by refusing to offer services. An Alliance Defense Fund release says that photographer Elaine Huguenin refused to provide photography services because Christian beliefs held by her and her husband are in conflict with the message communicated by the ceremony. The Commission awarded $6,637 in attorneys fees and costs to Vanessa Willock who filed the complaint. ADF says the ruling will be appealed. (See prior related posting.)