British Prosecutor Says Religious Flagellation Was Child Cruelty

In Manchester, England, Syed Mustafa Zaidi is on trial for child cruelty after he encouraged two young boys to flog themselves with a 'zanjeer' (bladed whip) at a Matam ceremony held in Manchester last January. The ceremony, observed by some Shi'a Muslims, involves self-flagellation as part of a mourning period in the Muslim calendar. Yesterday's Manchester Evening News reports that in closing arguments at trial, the prosecutor said that children under 16 cannot legally consent to take part in the ceremony. The prosecutor also argued against any religious freedom defense because the ceremony is voluntary and not a fundamental doctrine of the Shi'a faith.

UPDATE: Monday's London Mail reports that the jury returned a verdict of guilty in the case after two and one-half hours of deliberation. Zaidi faces up to ten years in prison.

Presidential Nominating Conventions and the Establishment Clause-- An Analysis

As the Democratic Party at its National Convention this week reaches out to religious voters, the question arises as to whether the Establishment Clause places any limits on religious activity at Presidential nominating conventions. (See Don Byrd's recent posting at Blog from the Capital.) The courts have not faced this precise issue, but a series of Supreme Court cases have focused on related concerns. At the heart of the issue is whether political parties are, at their conventions, engaged in governmental action covered by the Constitution, or whether instead they are acting as private associations which protected by the Constitution.

Early on in Smith v. Allwright (1944) and Terry v. Adams (1953), the Supreme Court struck down party primaries or pre-primaries that precluded Blacks from voting, finding that they violated the 15th Amendment's ban on states infringing the right to vote on the basis of race. However, more recently when states began to impose various sorts of limitations on party primaries, the Supreme Court has held that the associational rights of political parties are protected by the First Amendment. The court's discussion in the 2000 case of California Democratic Party v. Jones is particularly instructive. The Court struck down California's requirement that every primary voter receive a ballot listing candidates from all political parties. Justice Scalia, writing for the majority, said:

[W]e have not held ... that the processes by which political parties select their nominees are, as respondents would have it, wholly public affairs that States may regulate freely. To the contrary, we have continually stressed that when States regulate parties' internal processes they must act within limits imposed by the Constitution.... [R]espondents' reliance on Smith v. Allwright ... and Terry v. Adams ... is misplaced.... These cases held only that, when a State prescribes an election process that gives a special role to political parties, it "endorses, adopts and enforces the discrimination against Negroes" that the parties ... bring into the process--so that the parties' discriminatory action becomes state action under the Fifteenth Amendment....They do not stand for the proposition that party affairs are public affairs, free of First Amendment protections....

Justice Stevens dissent (joined by Justice Ginsburg) distinguished state primaries from the action of political parties. However as to political parties, Stevens wrote:

A political party could, if a majority of its members chose to do so, adopt a platform advocating white supremacy and opposing the election of any non-Caucasians. Indeed, it could decide to use its funds and oratorical skills to support only those candidates who were loyal to its racist views. Moreover, if a State permitted its political parties to select their candidates through conventions or caucuses, a racist party would also be free to select only candidates who would adhere to the party line.

Does this make it clear that the Establishment Clause is inapplicable to national party conventions? Can parties impose religious tests on who may be a delegate? Would imposing a religious test on who may be the party nominee violate Article VI of the U.S. Constitution that prohibits any religious test for any office under the United States?

USCIRF Issues New Report On Vietnam Religious Freedom Concerns

The U.S. Commission on International Religious Freedom yesterday released a 32-page report on religious freedom in Vietnam (full text). The report, which includes findings from USCIRF's 2007 trip to Vietnam, concludes that "religious freedom conditions in Vietnam continue to be mixed, with improvements for some religious communities but not for others; progress in some provinces but not in others; reforms of laws at the national level that are not fully implemented or are ignored at the local level; and still too many abuses of and restrictions on religious freedom affecting most of Vietnam's diverse religious communities." The Commission calls on the State Department to re-designate Vietnam a "country of particular concern" under the 1998 International Religious Freedom Act. From 2004 to November 2006, Vietnam had carried the CPC designation; however it was removed in 2006 just before President Bush visited the country for an Asia-Pacific Economic Cooperation Summit. (See prior posting.)

6th Circuit Upholds Ohio Funeral Picketing Ban In Challenge By Church

In Phelps-Roper v. Strickland, (6th Cir., Aug. 22, 2008), the U.S. 6th Circuit Court of Appeals upheld the constitutionality of Ohio's Funeral Protest Provision (ORC Sec. 3767.30) which prohibits picketing or other disruptive protest activities within 300 feet of a funeral service during the service and for a one-hour window on either side of it. The lawsuit challenging the provision was brought by a leader of the Topeka, Kansas Westboro Baptist Church whose members have traveled around the country picketing funerals of veterans killed in Iraq and Afghanistan, and other events. Their protest signs generally urge that American soldiers have been killed as God's punishment of the country for tolerating homosexuality. The court held:

Because we find that the Funeral Protest Provision is content-neutral, serves an important governmental interest, is narrowly tailored, and affords ample alternative channels of communication, we hold that it is a reasonable time, place, and manner restriction that does not violate the First Amendment.

CBS News reported on the decision last Friday. [Thanks to Volokh Conspiracy for the lead.]

Dems' Convention Begins and Ends With Christian Prayer Urging Social Justice

Former Colorado state senator Polly Baca gave the invocation opening the Democratic National Convention Monday afternoon in Denver. Her invocation (full text) asked for God's guidance and focused on commitment to "the poor, the sick, the disabled, the stranger, the immigrants." The invocation was explicitly Christian, ending with "We pray in the name of the Father, the Son, and the Holy Spirit."

Monday's closing benediction (full text) was given by Don Miller, a Portland, Oregon author and speaker on Christian spirituality. He replaced Cameron Strang who decided not to give the benediction out of concern that it could be seen as a political endorsement. (See prior posting.) Christianity Today published an interview with Miller about his planned benediction and his political views. Miller's benediction focused on social justice issues and economic opportunity, as well as on "our moral standing in the world". It ended with: "I make these requests in the name of your son, Jesus, who gave his own life against the forces of injustice. Let Him be our example."

A DNC release lists all faith leaders who will open and close convention sessions with prayer. The only non-Christian delivering an invocation is Rabbi David Saperstein of the Union for Reform Judaism. He will open Thursday's session, the evening on which Obama will accept the nomination. Faith caucuses are scheduled of early afternoon on Tuesday and Thursday. Participants in them are also listed in the DNC release.

Church-State Quiz Designed For Christian Leaders

Christianity Today's Leadership Journal has posted a "Church & Politics Quiz". It is designed to help Christian leaders plot on a graph where they stand on church-state issues:

Combining the two axis scores will place a person in one of the four political quadrants. Radical Reformers see a strong prophetic role for the church and combine this with a robust call for political engagement to seek social and political change. In contrast, Quiet Critics steer away from a direct role for the church in politics, instead emphasizing the church's purity by maintaining a separation from the state. From this perspective, the church best shares the gospel by being an alternative community that models Christian love.

Those who emphasize the link between God and nation are generally more supportive of the system and want to foster connections between church and state. As a result, Thumpin' Theocrats sound the call for renewing a Christian America by recapturing its godly heritage. Private Patriots also connect religious practice with support of the nation, but their application of faith to politics is as an outgrowth of personal piety rather than church involvement.

United Arab Emirates Law Reduces Work Hours During Ramadan

Ramadan this year begins approximately Sept. 1. Today's Kaleej Times reports that in the United Arab Emirates, under Article 65 of the Federal Labour Law, working hours are reduced to 6 hours per day (instead of the normal 8 hours) during Ramadan. The reduction applies to all workers regardless of their religion and regardless of whether or not they are fasting. However the law does allow up to 2 hours overtime per day if the employee is paid 25% more for each overtime hour in the daytime, and 50% more for each overtime hour at night.

Irish Cardinal Says EU Referendum Defeat Was Reaction To Anti-Religious Culture

Ireland's Catholic Church leader, Cardinal Sean Brady, said in a speech last Sunday that one reason Irish voters in June refused to approve the EU Lisbon Treaty is Europe's culture that tends to keep religion out of the public domain. According to yesterday's EU Observer, Brady speaking about the results of the only referendum held in Europe on the treaty criticized "a fairly widespread culture in European affairs which relegates manifestations of one's own religious convictions to the private and subjective sphere." He argued that a number of European decisions undermining Christian beliefs and institutions "have made it more difficult for committed Christians to maintain their instinctive commitment to the European project."

FLDS Members Challenge Trustee's Power Over UEP Trust Property

The Salt Lake Tribune reported yesterday that three FLDS Church members are challenging the right of a court-appointed fiduciary to sell land belonging to the FLDS United Effort Plan Trust without court approval. Bruce R. Wisan, court appointed fiduciary who is to reform the UEP Trust, says that he has a buyer who will pay $3 million for a large tract of farm land known as Berry Knoll. However FLDS members Willie Jessop, Dan Johnson and Merlin Jessop say they have "stewardship from priesthood leadership" to use the land for grazing and farming. The motion they filed with the court says that selling the land would "pose an immediate and fundamental threat to the religion's communal lifestyle and beliefs of the community because they threaten its self-sufficiency..." Wisan says the motion shows that some FLDS members refuse to recognize that the UEP Trust has been reformed to eliminate its religious purpose. (See prior related posting.)

Dems' Convention Opens With Interfaith Event and Some Controversy

Both the AP and CQ report on the first official event of the Democratic national Convention-- an interfaith service held yesterday in a theater inside the Convention Center. The event included talks and readings from Christians, Muslims, Jews and a Buddhist. According to the Dallas News, police ejected an anti-abortion protester who began to shout "Obama's a baby killer!" as the opening number by a gospel choir began. The Rocky Mountain News says three anti-abortion protesters were ejected, including Operation Rescue founder Randall Terry who, with another protester, held up a picture of an aborted fetus as they were led out of the gathering. However as part of the official program, Bishop Charles E. Blake of the Church of God in Christ in Los Angeles, spoke about his opposition to abortion, and Sister Helen Prejean, author of "Dead Man Walking," spoke against the death penalty.

A protester with a bullhorn and a sign that read "Allah is not God" was not admitted to the gathering. Meanwhile, Fox News reports that controversy also arose over the Democrat's invitation to Dr. Ingrid Mattson, president of The Islamic Society of North America (ISNA) to speak as part of the gathering. ISNA has been heavily involved in interfaith relations and has met with key Bush administration officials. Some critics however claim that the organization has ties to radical groups such as the Muslim Brotherhood.

In one additional development, AP and the Washington Post report that young evangelist Cameron Strang, editor of Relevant Magazine and a registered Republican, backed out of delivering the invocation at Monday night's convention session when he found out it would be on the main stage and broadcast nationally. He changed his mind because he feared his appearance would be interpreted as an endorsement of Obama. He will instead take part in a lower profile religious caucus later in the week.

UPDATE: Here, from the Denver Post, is a video of excerpts from the interfaith serice.

HHS Issues Proposed Rules To Protect Conscience Rights of Health Care Workers

Last Thursday, the U.S. Department of Health and Human Services formally released for comment proposed regulations (full text) designed to enforce federal provisions that protect conscience rights of doctors and other health care providers participating in programs receiving HHS funding. The regulations apply to those who have moral or religious objections to providing certain medical procedures, including sterilization and abortion. An HHS press release says the new regulations would clarify that the protections apply to institutional health care providers as well as to individual employees working for federally funded recipients, and would require recipients of certain HHS funds to certify their compliance with laws protecting health care workers' rights of conscience.

Reporters at a White House press briefing on Friday (full text) raised the question of whether the proposed regulations were broad enough to cover pharmacists. The proposed rules appear to omit a controversial definition of "abortion" that appeared in an earlier draft that was circulated to members of Congress. That earlier draft included a specific definition that encompassed prescribing, dispensing or administering drugs preventing implantation of a fertilized egg as abortion. The new proposal has no definition of abortion in it. (See prior posting.)

Recent Articles and Recent Book of Interest

From SSRN:

• Raghav Sharma, Rajarshi Sen & Adarsh Ramanujan, Affirmative Action for Muslims in the Indian Jurisprudential, Social, Economical and Political Context: A Constitutional Conundrum?, (June 17, 2008).


• Brigham Daniels, Revitalizing Zion: Nineteenth-Century Mormonism and Today's Urban Sprawl, (Journal of Land, Resources & Environmental Law, Forthcoming.)

From Bepress:

• Emily Prescott Esq., Allyson Hauck Esq. & Dana Barton Esq., When Firmly Held Religious Beliefs Conflict With the Right to Wedded Bliss, California Public Employee Relations (CPER) Papers, Working Paper 25 (August 2008).

From SmartCILP:

• Thomas C. Kohler, The Kenneth M. Piper Lecture. Religion In the Workplace: Faith, Action, and the Religious Foundations of American Employment Law, 83 Chicago-Kent Law Review 975-991 (2008).


• Martha Minow, The Government Can't, May, or Must Fund Religious Schools: Three Riddles of Constitutional Change for Laurence Tribe, 42 Tulsa Law Review 911-937 (2007).

New Book:

• David Ownby, Falun Gong and the Future of China, (Oxford Univ. Press, March 2008), reviewed by the New York Times.

Campus Poster With Suggestive Picture of Jesus Tests Harassment Rules

At Lorain County Community College in Elyria, Ohio, members of the campus Activists for Atheism club find that they are testing the scope of the school's anti-harassment rule that includes a prohibition on illustrations that mock or ridicule race or religion. Friday's Elyira Chronicle-Telegram reports that as part of Club Awareness Week, along with many other displays advertising student-run extracurricular organizations, the atheist group put up a poster showing a topless man kissing Jesus on the neck, and displaying the caption "Jesus Christ had a homosexual relationship?" Campus security guards refused to remove the poster as requested by complaining students, but after a few hours a student took it down. Christopher Burns, secretary- treasurer of the atheist group said it was not intended to mock Christianity, but to stir debate about a passage from the Secret Gospel of Mark. [Thanks to Scott Mange for the lead.]

Church of England Issues Guides To Prevent Bogus Marriages By Immigrants

Under British law, a foreigner who marries a resident of the European Union is generally allowed to stay in Britain. Today's London Telegraph reports that bishops of the Church of England have issued confidential guidelines to try to cut down on the number of bogus marriages performed by Anglican priests at the behest of immigrants who are merely trying to obtain British residency. Traditionally, in order to prevent marriages of convenience, British law has required all foreign nationals from outside the European Union to obtain a Home Office certificate of approval to marry in a register office. However no government certificate is required for marriages performed by the Church of England. Church leaders believe that, despite warnings, many priests are being duped into performing marriages of convenience.

Meanwhile the issue was complicated last month when the House of Lords issued a decision in R (on the application of Baiai and others) v. Secretary of State for the Home Department, (House of Lords, July 30, 2008) holding that the licensing rules that led to automatic denial of Home Office approval for immigrants whose visas were about to expire or who were not legally in the country are invalid. The Law Lords held that these overbroad rules violate Section 12 of the European Convention on Human rights that protects the right to marry. That decision was covered by the July 30 London Daily Mail. (See prior related posting.)

Times Features Science Teacher's Methods on Evolution

Today's New York Times carries a fascinating front page article on how Florida science teacher David Campbell teaches evolution to a skeptical science class. He captures their attention by using Walt Disney's changes over time to the Mickey Mouse character. Showing the class the different versions of the cartoon character over the years, he tells them: "Mickey evolved. And Mickey gets cuter because Walt Disney makes more money that way. That is 'selection'." The article traces at length Campbell's intriguing teaching skills and his attempts to get his students to understand the difference between science and faith.

Founder of Florida Citizens for Science, Campbell strongly backed changes in Florida's science standards adopted earlier this year that specifically mention evolution. (See prior posting.) Defending against charges that the new standards do not include alternative explanations for life's diversity, Campbell replied: "We also failed to include astrology, alchemy and the concept of the moon being made of green cheese. Because those aren't science, either."

Court Dismisses Minister's Suit Against Church Placement Agency

In Thibodeau v. American Baptist Churches of Connecticut, 2008 Conn. Super. LEXIS 1858 (CT Super. Ct., July 29, 2008), a Connecticut trial court, applying the "ministerial exception" doctrine, dismissed for lack of jurisdiction a suit by an ordained Baptist minister against American Baptist Churches of Connecticut (ABCC). ABCC recognizes ordinations and operates a clergy placement service. The lawsuit challenges ABCC's refusal to circulate plaintiff's resume to congregations after it became concerned about his fitness for the ministry. The court held that the First Amendment's free exercise guaranty precludes it from interfering in ecclesiastical matters. This deprives it of jurisdiction to decide whether ABCC should recognize plaintiff's ordination or to review whether plaintiff has been treated fairly by ABCC with respect to recognition of his ordination.

South Carolina High School Football Coaches Often Mix Religion With Coaching

Yesterday's Florence (SC) Morning News carried an article on the fine church-state line being walked by some South Carolina high school football coaches. Many pray with their teams before each game. This summer, many coaches and players attended a three day Fellowship of Christian Athletes football camp at University of South Carolina-Upstate in Spartanburg. Hemingway (SC) High School ends every practice with the Lord's Prayer, says the Lord's Prayer before and after every game, and holds a devotion every week. However assistant coach Bucky Davis said: "Everyone’s welcome to their own opinions. We don’t force anyone to do anything. The kids (convert to Christ) out of their own free will." Lamar (SC) High School coach J.R. Boyd said: "We went to church as a team one time and I found out that many of our kids had never seen the inside of a church. We went to FCA camp as well and many of my kids were saved in the process."

Kentucky County Tries To Delay Paying Attorneys Fees In 10 Commandments Case

Earlier this month, a Kentucky federal district judge made permanent the temporary injunctions against 10 Commandments displays in two Kentucky counties that had been upheld by the U.S. Supreme Court in 2005. Now however McCreary County, Kentucky is attempting to delay the ability of the ACLU to recover attorneys fees in the case by preventing the judgment from becoming final. Yesterday's McCreary County Voice says the county will ask the district court to pass on a summary judgment motion that is technically still outstanding, and will attempt to appeal the judge's decision issuing the permanent injunctions before the ACLU can petition for attorneys' fees. Pulaski County officials will meet next week to consider whether to join in the appeal.

Palm Beach Neighborhood Dislikes Jewish Synagogue Meeting In Private Home

Yesterday's Palm Beach Post reports on a land use controversy in the Indian Wells neighborhood in Palm Beach County, Florida. An Orthodox Jewish congregation, Anshei Chesed, is holding servies each Friday evening and Saturday morning in a private home that apparently was purchased primarily for that use. Some 20 to 70 individuals walk to and from services each week end. Orthodox Jews do not drive on the Sabbath. Neighborhood spokesman Frank Cuomo, upset at the rights given by RLUIPA to religious groups, says that neighbors not want religious services to be held here, and that the Jewish group is using loopholes to be able to conduct them. The Post reports: "In the Florida suburbs, where sprawl is an indicator of opulence and debilitating heat is a year-round concern, finding a place within walking distance is tricky."

Biden's Views On Religion and Church-State Issues Are Examined

Now that Barack Obama has picked Sen. Joseph Biden as his vice-presidential running mate, bloggers are already examining Biden's views on church-state issues and his religious values. America: The National Catholic Weekly today posted a a piece titled Joe Biden's Catholicism. It reports that "Biden is more comfortable than most politicians in talking about how his Catholicism has affected his life and his views."

Melissa Rogers has posted a number of excerpts from Biden statements on ther role of religion in public life. Other have pointed to an excerpt on YouTube of a 2007 Biden interview at the Commonwealth Club of California in which Biden discusses his views on separation of church and state. In it, Biden focuses on a quote from Jon Meacham's American Gospel: God, the Founding Fathers, And the Making of a Nation: "Religion shapes the life of the nation without strangling it."

Religiously-Grounded Substance Abuse Programs Eschew Government Funding

One of the most controversial aspects of federal and state funding of faith-based social services relates to organizations that use prayer and religious teachings as an integral part of substance abuse treatment. Today's Louisville Courier-Journal reports that one such group-- Teen Challenge of Kentucky-- has voluntarily relinquished most of a $50,000 federal grant after Americans United for Separation of Church and State complained to the U.S. Department of Health and Human Services about the grant. Teen Challenge said it did not want to risk a lawsuit over the grant which was to be used to hire a development director and train board members in fundraising. Teen Challenge uses "confrontational evangelism" to cure substance abuse.

Meanwhile, Thursday's Forward reports on Beit T'Shuvah, the country's only Jewish residential program for drug and alcohol abuse. The Los Angeles program explicitly does not seek government funding because its treatment methodology is filled with religious content-- a 12-step program combined with Jewish spirituality. Residents study Torah each morning at 7 am, and are required to attend weekly Friday night and Saturday morning religious services

School District Cuts Off All Community Flyers To End Bias Against Religious Messages

As previously reported, a federal lawsuit has been filed against the the Hudson (NH) School District challenging its policy on flyers that may be sent home with students. The school district has allowed flyers from nonprofit community organizations, but has excluded material with religious content. This past Monday, according to the Nashua (NH) Telegraph, the Hudson School Board unanimously adopted a policy change. From now on, only the school itself and school-associated volunteer groups will be able to send home flyers with students. No general community nonprofit groups will be permitted to do so. The new policy will cut down on the growing amount of material that has been distributed and will place religious and non-religious community groups on an equal footing-- both are precluded from sending home material.

Challenge To Pledge of Allegiance Partially Dismissed By NH Federal Court

Freedom from Religion Foundation v. Congress of the United States, (D NH, Aug. 7, 2008), is an opinion in a lawsuit challenging the constitutionality of the recitation of the Pledge of Allegiance containing the phrase "under God" in New Hampshire schools. The suit was brought on behalf of atheist and agnostic parents of three New Hampshire school children, and the lead attorney was Michael Newdow who, himself as a plaintiff, had unsuccessfully litigated a challenge to the Pledge in 2004. New Hampshire law permits children who do not wish to recite the Pledge to silently stand or remain seated while other recite it. Parents here however sought to have the recitation of the Pledge eliminated from the classroom.

Suing the U.S. Congress, the United States government, and three school districts, plaintiffs alleged some 16 bases on which recitation of the Pledge should be found unconstitutional or otherwise invalid. These included Establishment Clause and Free Exercise claims, as well as claims that the school district exposed children to emotional harm by requiring their presence in the classroom while the pledge is recited and a claim that the Pledge violates public policy by fostering national divisiveness. Several other parties intervened as defendants to support recitation of the Pledge.

In this decision, the court dismissed claims against the United States Congress. Relying on the "Speech or Debate" clause of the Constitution, it held that courts lack jurisdiction to direct Congress to enact or amend legislation. The court also dismissed the United States as a defendant, finding that plaintiffs lacked taxpayer standing. The United States however remains a party as an Intervenor, as do the state of new Hampshire, the Knights of Columbus and several New Hampshire school students and parents who intervened. (See prior related posting.)

3rd Circuit Rejects Free Exercise Challenge To PA Home-Schooling Regulation

In Combs v. Homer-Center School District, (3rd Cir., Aug. 21, 2008), the U.S. 3rd Circuit Court of Appeals rejected challenges by six families to record-keeping requirements showing that they met the instructional hours and subject matter requirements, and to subsequent portfolio review, imposed by Pennsylvania's Act 169 (24 PS 13-1327.1) that regulates home schooling. Plaintiffs, all Christians of varying denominations who home-schooled their children, claim that the requirements place a substantial burden on their free exercise of religion in violation of the 1st Amendment of the U.S. Constitution and of Pennsylvania's Religious Freedom Protection Act. The court, focusing on the 1st Amendment challenge, held:

Act 169 is a neutral law of general applicability. It neither targets religious practice nor selectively imposes burdens on religiously motivated conduct. Instead, it imposes the same requirements on parents who home-school for secular reasons as on parents who do so for religious reasons. Furthermore, nothing in the record suggests Commonwealth school officials discriminate against religiously motivated home education programs (e.g., denying approval of home education programs because they include faith-based curriculum materials).... The Commonwealth has a legitimate interest in ensuring children taught under home education programs are achieving minimum educational standards and are demonstrating sustained progress in their educational program.

The court also rejected plaintiffs' claim that a "hybrid right" calling for stricter scrutiny was involved. Rejecting the federal constitutional claims, the court remanded the state law claim to state court.

In a concurring opinion, Chief Judge Scirica reached the merits of the state Religious Freedom Protection Act claim and found that: "Based upon the plain language of the RFPA, Parents have failed to prove by clear and convincing evidence that they have been compelled or will likely be compelled to violate a specific tenet of their religious faith."

The Home School Legal Defense Association that represented the parents said it is reviewing the decision and considering an appeal. [Thanks to Alliance Alert for the lead.]

Virginia Episcopal Diocese Loses On Two More Issues In Property Disputes

On August 19, a Fairfax County, Virginia trial court issued two more "Letter Opinions" in In re Multi-Circuit Episcopal Church Property Litigation-- the contest over property ownership between eleven break-away congregations and the Episcopal Diocese of Virginia. In prior decisions, the court ruled that Virginia's "Division Statute" is constituitonal and applies in this case. (See prior posting.) The statute permits the majority of a congregation to decide to which branch of a church its property will belong when there has been a "division" in the church. In the latest decisions, the court first rejected the assertion by ECUSA and the Diocese that the eleven churches had in some way contracted away, waived, abandoned or relinquished their right to assert rights under the Division Statute. [Full text of opnion.]

In its second opinion (full text), the court rejected claims by ECUSA and the Diocese that Virginia's Division Statute violates the Contracts Clause of the U.S. Constitution. The court concluded that the Contracts Clause protects only those contractual rights that existed before the Division Statute was first enacted in 1867. It is not enough that a congregation was in existence prior to 1867; the protection of property rights the diocese or ECUSA had in a church's property extends only to specific parcels of property acquired before 1867. Any property acquired after that date would have been acquired subject to ownership provisions in the Division Statute. Since in 1867 under Virginia law denominational bodies or dioceses could not hold title to, or obtain enforceable contractual rights in, property, the Contracts Clause does not protect any rights of the diocese or ECUSA in church properties.

Yesterday's Washington Times reported on the decision.

TRO Issued To Stop Army Construction At Comanche Religious Site

In Comanche Nation v. United States, (WD OK, Aug. 18, 2008), an Oklahoma federal district court granted a temporary restraining order barring the U.S. Army from starting construction of a warehouse on the Ft. Sill Military Reservation. The Comanche Tribe claimed that the construction site at the edge of Medicine Bluffs is a significant religious and ceremonial site protected by federal law from disruption or interference. the court said that the questions going to the merits of the Tribe's claims "are serious, substantial, and difficult." According to yesterday's Army Times, Medicine Bluffs has been on the Register of Historic Places since 1974. Comanche Chairman Wallace Coffey said the Army had ignored the tribe's request that the warehouse be constructed elsewhere.

Missouri Governor Implementing Faith-Based Disaster Relief Initiative

Yesterday's St. Louis Post-Dispatch reports on Missouri Governor Matt Blunt's proposed Faith-Based Missouri Disaster Relief Initiative. The state's Emergency Management Agency and the University of Missouri Extension Service are organizing meetings around the state to recruit churches and train religious leaders in emergency response. The goal is to create a coordinated network of fully trained churches that the state can call on to provide relief services during natural disasters. United Methodist Church disaster relief coordinator, Karen Benson, said that local faith-based groups partnering with the state have informally agreed to refrain from proselytizing while furnishing disaster relief.

Christian Groups Enter China, Evading Ban on Foreign Missionaries

The Associated Press reported yesterday that a number of Christian groups came into China to proselytise during the Olympics, despite the Chinese ban on foreign missionaries. They entered on tourist visas, and told authorities they were involved in sports or cultural activities. However, once in the country, they began to reach out to individuals to share their faith. Among the groups sending people into China were Awaken Generation, the Southern Baptist Convention, and Youth With A Mission. Asked about the activities, China's religious affairs administration office said: "If foreigners do such things in China, they violate the law, and local religious departments and other departments should stop them."

Cleric-Penitent Privilege Held Inapplicable Where Pastor Is Not A Spiritual Advisor

In State of New Jersey v. J.G., (NJ App. Div., Aug. 20, 2008), a New Jersey appellate court held that a conversation between a clergyman and a father accused of sexually abusing his children was not protected by the state's cleric-penitent privilege. The children's mother reported the abuse to Pastor Glenford Brown who then contacted the father. While Brown knew the father, the father did not attend Brown's church. The court held:

(1) defendant did not ask and Brown did not offer to keep the conversation confidential; (2) Brown reached out to defendant – not as a spiritual advisor – but to protect defendant's children; and (3) Brown specifically told defendant he could not counsel him or even baptize him because defendant needed professional help. Clearly, the conversations between defendant and Brown are not protected by the privilege.

Yesterday's New Jersey Star-Ledger reported on the decision.

New IRS Publication on Taxation of Churches and Religious Institutions

The Internal Revenue Service has issued a revised version of its publication, Tax Guide for Churches and Religious Organizations. The 28-page multi-colored publication provides guidance on obtaining and keeping tax exempt status, employment taxes, unrelated business income taxes, employee business expenses, record keeping and filing requirements. [Thanks to Steven H. Sholk and Steve Sheinberg for leads on this.]

New Indonesian Law Permits Sharia-Compliant Government Bonds

An article by two Indonesian lawyers published in the August BNA World Securities Law Report [subscription required] discusses Indonesia's new Sovereign Syariah Commercial Paper law enacted in April of this year. The new law permits the Indonesian government to issue Sharia-compliant bonds to raise capital. The law provides for the bonds to be issued by the Ministry of Finance's newly created Sovereign Sukuk Issuance Co., and for the use of government assets as the underlying assets for the issuance of the sovereign sukuk (capital bonds). Authors Hanim Hamzah and Harly Siregar say that the new bonds that comply with Islamic law will give the government a better chance at raising funds in the Persian Gulf area, as well as from the Indonesia state pension fund. Corporations in Indonesia are already issuing this type of debt instruments, but this law will now allow the government to raise an expected $2 billion (US) in this form. There still remain, however a number of legal and tax uncertainties surrounding these financial instruments.

Clergy-Penitent Privilege Held Inapplicable When 3rd Party Is Present

In Candice S. v. Superior Court, (CA Ct. App., Aug. 11, 208), a California appellate court held that the clergy-penitent privilege does not apply to communications made to a member of the clergy in the presence of a third person, even if the tenets of the religion treat the communication as confidential. Applying that principle in a child custody case, the court held that statements by the child's mother and father in group meetings with elders of the Jehovah's Witness Church are not privileged. In the meetings at issue, both the child's mother and father, or at least one of them and the child's grandparents, were present. In one of the meetings, the father admitted that the child was conceived when he raped the mother at a drive-in movie theater while she was under the influence of prescription pain killers. At two other group meetings, the elders discussed that admission.

Generals Criticized For Endosring Spiritual Book

Military.com reported yesterday on the controversy surrounding the endorsement by high army officials of a book written by a military chaplain offering spiritual guidance to soldiers. The book is Lt. Col. William McCoy's, Under Orders: A Spiritual Handbook for Military Personnel. Gen. David Petraeus has been quoted as saying that the book "should be in every rucksack for those times when soldiers need spiritual energy." Maj. Gen. Mark Hertling is quoted on the book jacket: "a great book for soldiers to read several times throughout their careers." The endorsement has led the Military Religious Freedom Foundation (MRFF) to call for Patreas' dismissal and court martial. However now the book's author says that he was mistaken in publishing the endorsements: "[they] were intended for me personally rather than for the general public." The author has requested that distribution of the book be halted until a new book jacket overlay is designed. Mikey Weinstein, head of MRFF, says he will add these endorsements as part of an ongoing lawsuit that alleges "a pattern and practice of constitutionally impermissible promotions of religious beliefs within the Department of Defense (D.O.D.) and the United States military.' (Full text of complaint.)

Louisana Governor Will Not Renew Anti-Discrimination Executive Order

The AP reported yesterday that Louisiana Governor Bobby Jindal will not renew an anti-discrimination Executive Order (E.O. KBB 04-54) when it expires this week. The Order, issued in 2004 by former governor Kathleen Blanco bars state agencies from discriminating on the basis of religion, race, color, sex, sexual orientation, national origin, political affiliation or disabilities. It also requires that anyone contracting with the state must similarly agree not to discriminate in employment on any of these bases. Jindal says that state and federal law already prohibit discrimination. He is also concerned that the Order may make it difficult for the state to contract with faith-based organizations that hire on the basis of religion.

Personnel Changes At Two Federal Religion Agencies

Personnel changes have been announced at two federal agencies dealing with issues of religion. The U.S. Commission on International Religious Freedom announced yesterday that James D. Standish has been appointed its new Executive Director. Previously Standish served for seven years as Director of Legislative Affairs at the Seventh-day Adventist Church World Headquarters. Standish replaces Joseph R. Crapa who died last year.

Meanwhile, The Roundtable reports that Jay Hein, director of the White House Office on Faith-Based and Community Initiatives, has resigned effective August 29 in order to care for his father who is suffering from cancer. Hein announced his resignation last week during his regular conference call with state liaisons to religious charities. The White House is seeking a replacement for Hein. [Thanks to Melissa Rogers for this lead.]

Democratic Convention Will Be Heavy On Faith-Based Events

Yesterday's New York Jewish Week carries a long article discussing the extensive appeal to religious voters that will be a part of the Democratic convention in Denver next week. The convention kick-of will be a large interfaith gathering, and that will be followed by a series of "faith caucus" meetings, all designed, according to the article, "to close the [Democrat's] so-called 'God gap' and shed their reputation as the secular party...." Some critics, however, object to the extensive faith-based focus of convention events. Rev. C. Welton Gaddy, head of the Interfaith Alliance, says that the strong religious focus promised by both party conventions is a distraction from dealing with the economy, education, health care and the war issues facing the country.

City Sued Over Limits On Christian Protesters At Gay Pride Event

Alliance Defense Fund announced yesterday that it has filed a federal lawsuit against the city of Elmira, New York seeking an injunction on behalf of Christian protesters who were prevented from handing out literature, carrying signs and wearing a T-shirt with a Christian message at a gay pride event held in a city park in June 2008. The complaint (full text) in Barnes v. City of Elmira, New York, (WD NY, filed 8/20/2008) alleges that plaintiffs' 1st and 14th Amendment rights were violated by the city's policies of restricting their speech in a traditional public forum on the basis of content.

Nepal Supreme Court Rejects Traditional Treatment of Child Goddess

Nepal's Supreme Court has dealt a blow to the traditional practice in Nepal to select a young girl who will be isolated in a palace and worshiped as the reincarnation of a Hindu goddess of power. Gulf Times and AFP both report on the decision in a case filed by Nepalese lawyers challenging the isolation of the pre-pubescent choice, known as the Kumari. The court ruled that the Kumari has the rights protected by the United Nations Convention on the Rights of the Child. The court said that kumaris should be able to attend school, have access to health care, and have freedom of movement. The court ordered the government to create a five-member committee to study the condition of the kumaris and report back within a year. Nepal has become a constitutional democracy, a move that was to end the tradition of the Hindu king receiving an annual blessing from the Kumari to legitimized his power. (See prior related posting.)

11th Circuit Hears Arguments In Sectarian Invocations Case

Yesterday the U.S. 11th Circuit Court of Appeals heard oral arguments in BATS v. Cobb County Georgia, a case challenging the opening of Cobb County, Georgia, County Commission meetings with sectarian prayers. The trial court's decision refused to ban sectarian prayers, so long as a wide variety of clergy were invited to deliver invocations. (See prior posting.) The Atlanta Journal-Constitution reports that the 11th Circuit judges questioned ACLU lawyer Daniel Mach on how the county is to distinguish sectarian from non-sectarian prayers. They also questioned how the county could enforce a ban on sectarian content of prayers.

U.S. Olympic Coach Proselytizes His Archer-Athletes

Today's New York Times reports that the proselytizing of athletes by Kisk Lee, head coach of the U.S. Olympic archery team, concerns the U.S. Olympic Committee. At least three of the five members of the U.S. archery team in Beijing meet with Lee each morning to sing hymns, read from the Bible and attend services at the chapel in Olympic Village. Lee, who became a Christian in 1999, says: "I don’t want to have any favorites. I would love to be fair for everyone. But sooner or later, if they can see through me God, that’s what I want to try to do." Lee says that Christianity helps athletes clear their minds and focus. A Colorado mother who is a Buddhist expressed concern about the pressures her 16-year old daughter felt to accept Christianity when she trained with Lee at the Olympic Training Center in Chula Vista, Calif.

McCain Urged Not To Use Religious Test For Veep Choice

Former Minnesota Governor Arne Carlson wrote John McCain last Saturday asking him not to rule out vice-presidential picks on the basis of their religion. Monday's St. Paul Pioneer Press reported that Carlson seems particularly concerned about evangelical opposition to Mormon Mitt Romney. He wrote: "If a Mormon cannot be considered today for high office, who will be eliminated from the same consideration tomorrow? If a segment of a broad religion can impose its religious criteria on a presidential candidate and the Republican Party, then what other challenges to the Constitution can they make?"

Egyptian Proposal On Organ Donation Seen By Some As Religious Discrimination

In Egypt, a proposed law regulating organ donation has become controversial. Spero News yesterday, and Daily News Egypt on Monday, reported on the proposal that would allow organ donations only to family members (up to the fourth degree). It would also ban organ transplants between individuals of different religions or different nationalities. Proponents say the law is aimed at stopping the current black market in human organs, particularly sales by the poor to wealthy Egyptians or to foreigners who travel to the country. The Egyptian Human Rights Union, however, has sued the Egyptian Medical Association claiming that the proposed law amounts to religious discrimination between Muslims and Christians, and could eventually lead to religiously segregated hospitals. For now, the proposed law is stalled because of objections from some Muslim religious leaders who do not recognize brain death as the test for the end of life-- a test that is necessary if organs are to be obtained while still usable.

New Jersey School Issue Vote Postponed Because of Holy Day Conflict

The Edison, New Jersey, Public School District is seeking voter approval for the issuance of $57.8 million in bonds to construct a new school building and expand three others. New Jersey law provides only four specific dates on which special elections on such issues can be held. Originally the Board of Education decided to place the issue on the ballot on the first available date-- Sept. 30. However this year that day is Rosh Hashana, and that meant that observant Jews would need to vote by absentee ballot. Yesterday's New Jersey Jewish News reports that the scheduling conflict created a firestorm of protest from a number of Jewish groups. In a letter to school officials, several groups argued that the absentee ballot alternative effectively created "a separate and more cumbersome voting procedure for a whole group of Edison residents based solely on their religion." Edison has now agreed to reschedule the vote for December 9, but Board of Education vice president Joseph Romano says that even if the measure passes, waiting until winter means an additional several months of weather delays before construction can begin.

Free Exercise and Vagueness Defenses Raised In Charges Over Death of Child

In Wausau,Wisconsin, according to WISN News, a couple charged with reckless homicide plead not guilty yesterday and are raising constitutional defenses. Dale and Leilani Neumann merely prayed for the recovery of their 11-year old daughter, Kara, after she suffered a diabetic reaction. She died 48 hours after symptoms became severe. A motion seeking dismissal of the indictment argues that the charges unconstitutionally infringe the couple's free exercise rights and their liberty interest in rearing their children. The motion also argues that the law is unconstitutionally vague. Wisconsin law provides that a parent cannot be charged with abuse or neglect of a child if in good faith the parent selects prayer as treatment for a disease. The prosecutor argues that the statute does not apply to homicide cases. (See prior related posting.)

Israel's Army Pursues Refunds From Officers Using False Rabbinic Ordinations

YNet News reported Monday that Israel's army is demanding that some 300 career and enlisted IDF officers repay the $560 (US) per month pay increases they have been receiving after claiming to have been ordained as rabbis. It turns out that their ordinations were fraudulent, having either been purchased from rabbinical schools without meeting the ordination requirements, or having been granted by institutions that are not qualified to certify rabbis at all. Military Police have been investigating the false ordinations for two years. [Thanks to Religion & State In Israel for the lead.]

Settlement Reached In Christian High School Group's Equal Access Claim

Alliance Defense Fund announced Friday that it had reached a settlement in a federal lawsuit filed earlier this year against the Deer Valley, Arizona Unified School District. (See prior posting.) The settlement will allow a Christian student group, Common Cause, to present video announcements of the group's activities, including a weekly morning prayer gathering, through Mountain Ridge High School's public address system and through distribution of leaflets on campus, on the same basis as non-religious groups are permitted to do so. In May, a federal district court in Krestan v. Deer Valley Unified School District, (D AZ, May 9, 2008), issued a preliminary injunction against the school, finding that plaintiffs were likely to succeed on the merits of their claim under the federal Equal Access Act as to the announcements which the school had previously refused to disseminate. The court found that the school's policy of limiting the days on which leaflets could be distributed by any student group was likely valid.

Is Religion An Element In the Georgia-Russia Conflict?

A posting on Reuters FaithWorld blog yesterday raises the question of whether religion is an element in the current conflict between Russia and Georgia. The issue was focused after Sen. John McCain, in discussing the conflict, stressed Georgia's long-standing Christian heritage. Reuters argues that both Russia and Georgia share Christian Orthodoxy, though:

since Orthodox churches are organised nationally, each side naturally reflects in some way its own country’s political view of the crisis. But even in his protest letter to Russian President Dmitri Medvedev, [Georgian Patriarch] Ilia’s only reference to religion was his lament that Orthodox were killing each other.

New "Blogalogue" Offers Church-State Debate Between Two Opposing Experts

Beliefnet has launched an interesting new resource on church-state issues-- a blog titled Lynn v. Sekulow-- Politics, Religion and the Public Square. The blog is described as "an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government." The debaters are Rev. Barry W. Lynn, Executive Director of Americans United for Separation of Church and State, and Jay Sekulow, Chief Counsel for the American Center for Law & Justice. A link to the new site has been added to the Religion Clause sidebar under "Blogs".

Religious Cult Members Charged In Boy's Death

The AP reported yesterday on murder charges that have been brought against five members of a cult known as the "1 Mind Ministries". One-year old Javon Thompson died after being denied food and water for two days because he would not say "Amen" after meals. After the boy's death, the cult leader, Queen Antoinette, told her followers to pray for the boy's resurrection from the dead. One of those charged with murder is the boy's mother, Ria Ramkissoon. Her attorney, as well as her own mother, say she was brainwashed by the cult's leaders.

Informational Meeting On Hamptons Eruv Turns Contentious

Hamptons Online yesterday reported at length on a contentious public information session held last Wednesday in Westhampton Beach, New York regarding a request by a local synagogue to construct an eruv-- a symbolic boundary that permits Orthodox Jews to carry items on the Sabbath. One-third of the large crowd at the meeting held in The Hampton Synagogue walked out when one of the panelists, Joel Cohen, began reading anti-Semitic e-mails that the synagogue had received over the matter. This however reflected more pervasive tensions over the proposal. Some opponents fear that creating the eruv will attract more Orthodox Jews to the area and turn the town into a religious enclave. (See prior related posting.)

CA High Court: Doctors Cannot Assert Free Exercise In Refusing IUI Treatment For Lesbian

Today in North Coast Women's Care Medical Group, Inc. v. San Diego County Superior Court, (CA Sup. Ct., Aug. 18, 2008), the California Supreme Court held unanimously that a medical clinic's physicians are prohibited by the Unruh Civil Rights Act from discriminating against patients on the basis of sexual orientation. They may not rely on the free exercise provisions of the U.S. or California constitutions to assert an exemption from that prohibition.

In the case, two clinic physicians refused, on religious grounds, to perform intrauterine insemination for Guadalupe Benitez, an unmarried lesbian patient. The court held that under the 1st Amendment, no religious exemption is mandated because the Unruh Civil Rights Act is a neutral law of general application. The court said it need not decide whether the California constitution imposes greater protection for religious beliefs, because even under a strict scrutiny standard defendants' assertion fails. Since the Unruh Civil Rights Act requires merely "full and equal" access, the physicians could either refuse to perform the procedure for any clinical patients, or refer patients to other physicians employed by the clinic who do not have the same religious objections. The court said that defendants are still free at trial to prove that their religious objections related to the fact that Benitez was unmarried, rather than the fact she was a lesbian.

Justice Baxter concurred, but argued that the balance of competing interests might come out differently in the case of a physician in sole practice. He said: "At least where the patient could be referred with relative ease and convenience to another practice, I question whether the state’s interest in full and equal medical treatment would compel a physician in sole practice to provide a treatment to which he or she has sincere religious objections." The San Diego Union Tribune reports on the decision. (See prior related posting.)

US Group Refuses To Leave Chinese Airport After Bibles Seized

Chinese law prohibits bringing printed religious material into the country except for personal use. CNN today reports that four members of the Sheridan, Wyoming based Christian group, Vision Beyond Borders, are refusing to leave the Kunming Airport after customs officials seized 300 Bibles that they had in their luggage that were to be distributed through a Kunming shop owner. The group's director, Pat Klein, said he has been bringing Bibles into China for 21 years, and did not know he was violating Chinese law. He says they will stay at the airport until their Bibles are returned to them.

UPDATE: Unable to get the Chinese to relent, members of Vision Beyond Borders left the Kunming Airport on Monday after 26 hours. (AP).

UPDATE: When members of Vision Beyond Borders returned to the Kunming airport to leave China on Wednesday for Thailand, their 315 Bibles were returned to them and they were escorted to immigration. (China Post, Aug. 20).

Recent Scholarly Articles and Book of Interest

From SSRN:

• Christopher C. Lund, The Congressional Chaplaincies (August 14, 2008).
• Benjamin M Leff, Sit Down and Count the Cost: A Framework for Constitutionally Enforcing the 501(C)(3) Campaign Intervention Ban, (August 12, 2008).

From SmartCILP:

• Conversation in Aid of a "Conspiracy" for Truth: A Candid Discussion About Jesuit Law Schools, Justice, and Engaging the Catholic Intellectual Tradition. Article by Gregory A. Kalscheur; responses by C. Michael Bryce, Thomas More Donnelly and student Spencer K. Nussbaum; reply by John M. Breen. 43 Gonzaga Law Review 559-669 (2007/08).
• Financial Innovations in the Muslim World. Articles by Bjorn Sorenson, Ali Adnan Ibrahim, Umar F. Moghul, Bashar H. Malkawi and Haitham A. Haloush. 23 American University International Law Review 647-805 (2008).
• Vols. 6 (2006-07 and Vol. 7 (2007-08)of the UCLA Journal of Near Eastern and Islamic Law [contents] have recently been published.

New Book:

• Religion & Law in America: An Encyclopedic Dictionary, (Grey House Publishing, Oct. 2008).

Paper Says 1953 Raid Was Precursor To FLDS Operation

Saturday's Arizona Republic carries a lengthy history of the raid 55 years ago on a polygamous community in Short Creek Arizona. The article suggests that the recent Texas raid on the FLDS Yearning for Zion Ranch has many parallels to the 1953 Arizona raid. The Arizona raid ultimately reinforced the convictions of members of the polygamous community.

Recent Prisoner Free Excercise Cases

In Massi v. Hollenbach, 2008 U.S. Dist. LEXIS 60463 (MD PA, Aug. 1, 2008), a Pennsylvania federal district court judge accepted a magistrate's recommendation and rejected a prisoner's challenge to regulations requiring that prisoners obtain religious publications from a publisher, book club, or book store unless it is shown that a publication is no longer available from such a source.

In Logan v. Arkansas Department of Corrections, 2008 U.S. Dist. LEXIS 61809 (ED AR, July 28, 2008), an Arkansas federal magistrate judge recommended dismissal of a challenge by a Wiccan prisoner to Arkansas hair length requirements for prisoners.

In Rankins v. Smith, 2008 U.S. Dist. LEXIS 61411, (ED NC, Aug. 7, 2008), a North Carolina federal district court dismissed for failure to exhaust administrative remedies a prisoner's claim that a prison officer retaliated against him for filing a complaint about medical treatment by failing to put his name on the Ramadan list and not allowing him to receive foods from the Eid-ul-Fitr feast.

Pugh v. Goord, 2008 U.S. Dist. LEXIS 60998 (SD NY, Aug. 1, 2008), is a lengthy opinion involving challenges by Shi'te Muslim inmates to New York's policy that provides for a single Friday Jumah service for both Sunni and Shi'ite Muslims, instead of allowing a separate Shi'ite service. Shi'ite prisoners also allege other anti-Shi'ite elements in the prison's program to accommodate their religious needs, making it, they say, a Sunni, not a generic Muslim, program. While rejecting damage claims, the court permitted some of the plaintiffs to move ahead with injunctive claims under the free exercise clause, establishment clause, equal protection clause and RLUIPA.

Scotland Agrees With Catholic Church On Content of Health Leaflets In Schools

Scotland on Sunday reports today that Scottish government officials will shortly begin a program to offer all school girls age 12 and 13 vaccination against cervical cancer caused by certain strains of HPV. However, against the advice of many health experts, the leaflet that will be distributed to those receiving the inoculation will not contain information on the use of condoms to prevent other sexually transmitted diseases. The decision was made in order to obtain support from the Catholic Church for offering the vaccinations in Catholic schools. The Church had originally objected to the vaccination program on the ground that it would encourage promiscuity. [Thanks to Edward Still for the lead.]

Study Lists Countries That Bar Foreign Religious Workers

WorldNet Daily reported Friday that a study from a researcher at the Library of Congress shows that 23 countries around the world deny entry to foreign religious workers, while an additional 16 allow entry only with restrictions. Almost all the countries on the "total ban" list are countries with majority Muslim populations.

TN High Court Says Cult Leader May Be In Loco Parentis Under Child Neglect Law

In State of Tennessee v. Sherman, (TN Sup. Ct., Aug. 15, 2008), the Tennessee Supreme Court refused to dismiss charges under Tennessee's child neglect statute against a religious cult leader in the death of Jessica Crank, a teenage girl whose mother opted for prayer instead of medical treatment for her daughter's bone cancer. Ariel Ben Sherman, a minister in the Universal Life Church, was not married to the girl's mother nor had he adopted the girl. However the mother and daughter lived with him, as did several of his other followers. Prosecutors claimed that Sherman had an in loco parentis duty to seek treatment for Jessica. The court held: "The Defendant's relationship with the mother may be circumstantial evidence of duty, but the ultimate question is the nature and degree of the Defendant’s relationship with Jessica. In theory, the State might be able to establish that the Defendant failed to perform a statutory duty to provide adequate medical care for the child." Yesterday's Knoxville News-Sentinel reported on the decision. (See prior related posting.)

County Fair Widens God and Country Day Discount

After complaints by an atheist group (see prior posting) about the "God and Country" day promotion planned by the Wilson County, Tennessee fair, promoters have responded. Instead of giving a $2 admission discount only to individuals who present a church bulletin at the gate, now the discount will be available to anyone presenting a bulletin from any faith's religious services, or anyone presenting a web page printout from any religious or secular group. Friday's Tennessean reported that Cheryl Lewis, member of the Wilson County Promotions Board, said that God and Country day was not discriminatory, and was begun in 2002 as a response to the 9-11 attacks. [Thanks to Scott Mange for the lead.]

Pastor Sues Parent Group and Paper For Defamation

The Dallas Morning News and the Associated Baptist Press report on a defamation lawsuit filed against the Baptist General Convention of Texas, the Baptist Standard and several other defendants by Rev. Otto Arango. The charges grow out of an investigation by the BGCT of Arango's claims that he and two other pastors started 258 new churches. The investigation questioned the use by Arango of some of the $1.3 million in start-up funds for these churches, many of which failed. The lawsuit says that statements published in the Standard were false and malicious, wrongly suggesting that he had improperly used church funds and lied about the number of churches he started.

Obama, McCain Quizzed on Faith and Values Issues

On Saturday evening, Pastor Rick Warren held his Saddleback Forum at which he interviewed both Barack Obama and John McCain on issues of concern to faith and values voters. Warren posed the same questions to each of the candidates-- giving each one hour on national television time. CNN and ABC, among others, report on the forum. Among a wide range of questions, Warren asked each candidate about his own personal Christian faith. (See prior related posting.)

Meanwhile a letter to Barack Obama, initiated by Rabbi Michael Lerner and signed by 140 members of the clergy, urges Obama not to move to the political center. The full text of the letter, included in a Los Angeles Times article today, reads in part: "We are writing you ... not as your election strategists, but as people of faith whose primary allegiance is to be prophetic witnesses to the ethical vision articulated in the holy texts of our religion and the elaboration of those religious traditions over the course of the past two thousand years."

UPDATE: The full transcript of the Saddleback Forum is now available online.

5th Circuit Upholds Death Sentence Despite Jury's Use of Bible

In Oliver v. Quarterman, (5th Cir., Aug. 14, 2008), the U.S. 5th Circuit Court of Appeals rejected convicted murderer Khristian Oliver's challenge to his death sentence. The court summarized the challenge and its holding as follows:

Oliver argues that the jury violated his rights under the Sixth and Eighth Amendments by considering passages from the Bible during the sentencing phase of its deliberations. Although the jury improperly consulted the Bible, the state court found that the Bible did not influence the jury’s decision. As Oliver has not presented clear and convincing evidence to rebut this factual finding, we AFFIRM the district court’s decision to deny the writ.

In concluding that the Texas state jury's use of the Bible was improper, though ultimately harmless error, the court said: "when a juror brings a Bible into the deliberations and points out to her fellow jurors specific passages that describe the very facts at issue in the case, the juror has crossed an important line." Today's Houston Chronicle reports on the decision. (See prior related posting.)

Malaysia Threatens To Suspend Catholic Paper For Political Editorial

Malaysia's Home Ministry is threatening to suspend the Catholic newsletter, The Herald, for publishing articles and editorials relating to politics. The Star on Wednesday reported that The Herald has been issued a "show cause" letter that claims it is violating the conditions of its publication permit that only allows it to publish articles about religion and religious activities. The current suspension threat focuses on an upcoming editorial about a by-election in Permatang Pauh. The paper's editor, Father Lawrence Andrew, says that the editorial will merely urge people to pray for a fair and just election. (See prior related posting.) [Thanks to Constant Lewis for the lead.]

Italian Suit Challenging Baptism Dropped

In Italy, the Union of Rationalist Atheists and Agnostics has dropped a lawsuit on behalf of a plaintiff who was attempting to have his name deleted from a baptism register. The suit challenged the right of parents to have their children baptized. According to World Net Daily, the suit alleged that since the law does not allow parents to enroll their children in organizations like labor unions, parents should also not be able to decide that their children should become members of religious associations. The complaint cited protection of children's religious freedom and Italian Constitutional Court precedents on free will and personal privacy in religious decisions. Alliance Defense Fund, which was involved in convincing the group to drop its lawsuit as frivolous, warned that while "such lawsuits may seem far-fetched, ... foreign legal decisions are increasingly cited in American courts."

Tanzania Debates Creation of Kadhi Courts

Dar Es Salaam's The Citizen reports today on an emotional debate in Tanzania's Parliament over whether Kadhi courts should be set up by the government to handle issues such a marriage, divorce and inheritance for Muslims. The government is studying a report by the Law Reform Commission on the issue. Proponents argue that such courts are a necessary part of the Islamic faith and that the CCM's 2005 election manifesto promised them. Opponents say such courts would be unconstitutional and that the Muslim religious bodies could deal with these issues without using taxpayer money for courts.

Ohio Library's Meeting Room Rules Enjoined

In Citizens for Community Values v. Upper Arlington Public Library Board of Trustees, (SD OH, Aug. 14, 2008), an Ohio federal district court found unconstitutional a public library's policy of making its meeting rooms available for a wide variety of meetings by non-profit groups, but barring their use for elements of meetings that are quintessentially religious or are inherent elements of a religious service. Finding that the library had turned its meeting rooms into designate public forums, the court held that plaintiff's proposed program on Politics and the Pulpit was consistent with activities permitted by the library, even though it included prayer. In concluding that it would issue a permanent injunction, the court said it was not expressing view on the Library's policy of excluding use of meeting rooms for religious services. Yesterday's Columbus Dispatch reports on the decision, as does a release from Alliance Defense Fund. (See prior related posting.)

Utah FLDS Members Will Be Able To Get Individual Title To Property

Yesterday's Deseret News reports that Utah Judge Denise Lindberg , who is overseeing the reorganization of the United Effort Plan that owns assets of the FLDS Church, says that she will not prevent FLDS members from gaining ownership of their own property. The judge's comments came in response to a question raised in court by FLDS spokesman, Willie Jessop. This marks the first time that FLDS members have been willing to participate at all in the court proceedings. Lindberg said, "I certainly am not going to put a religious test on the eventual distribution of property." There may, however, be restrictions on property when individuals gain ownership of it. The Houston Chronicle reports that restrictions include a ban on individuals returning the property to the church.

Congressional Candidate On "How Would Jesus Vote?"

Bennion Spencer, the Democratic congressional candidate from Utah's 3rd district, has written a book on Jesus and politics that will appear in October. Yesterday's Salt Lake Tribune reported that the book attempts to analyze which policies Jesus would support. At one point, Spencer also suggested that Jesus would vote for him for Congress. Spencer characterized as "sacrilegious" his opponent, John Chaffetz's, support for detention camps for illegal immigrants. Chaffetz said of Spencer: "I don't think it's appropriate to guess which candidate Jesus Christ would support. That's sacrilegious to me."

Contempt Petition Against Judge For Poster Dismissed

According to a release by the American Center for Law and Justice, an Ohio federal district judge has dismissed a contempt motion brought by the ACLU against Richland County (OH) Judge James DeWeese. (See prior posting.) The court found that the "Philosophies of Law In Conflict" poster that Judge DeWeese has posted in his courtroom is significantly different from the Ten Commandments display ordered removed by the federal court in 2002.

Christian Groups Seek Removal of Canadian Chief Justice

In Canada, 42 Christian and pro-life organizations, and one individual, have filed a complaint with the Canadian Judicial Council seeking removal of Canadian Supreme Court Justice Beverly McLachlin. The Province reports that the complaint stems from the fact that McLachlin chairs the Order of Canada Advisory Council. Last month abortion activist Henry Morgentaler was honored with appointment to the Order. The groups say that McLachln's role in the selection reduces respect for her and the judiciary. Some express concern that tthe appointment may influence the results in reproductive rights cases.

UPDATE: Canwest News Service reported on Saturday that at he annual Canadian Bar Association news conference, Chief Justice McLachlin addressed the Morgentaler controversy. She said that she chairs the Order of Canada Advisory Council only because the law requires her to do so, that her policy is to not promote any particular candidate, and to abstain from voting. She sees her role as merely assuring that the meeting runs properly and the voting process is fair--unless, as was not the case with Morgentaler, she needs to break a tie.

Potenital County Resident Has Standing To Challenge 10 Commandments Display

In ACLU of Florida Inc. v. Dixie County Florida, 2008 U.S. Dist. LEXIS 61177 (ND FL, Aug. 8, 2008), a Florida federal district court held that an ACLU member had standing (and thus so did the ACLU) to challenge on Establishment Clause grounds a stone display of the 10 Commandments on the steps of the Dixie County (FL) courthouse. The member, identified only as John Doe, did not live in Dixie County, but was looking to purchase property there on which he and his wife could park their recreational vehicle. They encountered the offending display when they went to the county courthouse to research any encumbrances on property they were considering. Because of the display, Doe decided not to make an offer on the property. Prior reports indicate that the ACLU had been having difficulty finding actual county residents to bring the challenge.

IL Appellate Court Majority Invalidates Ban On Heirs Intermarrying

In In re Estate of Max Feinberg, (IL Ct. App., June 30, 2008), an Illinois District Court of Appeals, in a 2-1 decision, held unenforceable decedents' testamentary provision disinheriting any grandchild who marries outside the Jewish faith unless the spouse converts within one year of the marriage. Justice Cunningham delivering the opinion of the court held that public policy invalidates such provisions because they seriously interfere with an individual's right to marry the person of his or her choice. The opinion cites Restatement Third of Trusts that takes this position as well. Justice Quinn concurred specially, in order to more specifically counter the arguments of the dissent. Justice Greiman dissented, pointing out that a majority of other jurisdictions validate such provisions. He characterized the clause as an attempt by Max and Erla Feinberg to "to preserve their 4,000 year old heritage." An op-ed in yesterday's St. Louis Jewish Light discusses decision.

Turkey's AKP Official Ignites New Concerns Over Secularism Principle

After narrowly avoiding court-ordered dissolution for undermining Turkey's secularism (see prior posting), Turkey's Justice and Development Party (AKP) is again embroiled in controversy. After the court verdict, Prime Minister Recep Tayyip Erdoğan said that he would try to avoid polarizing Turkey's society. Today's Zaman reports, however, that the party's Deputy Chairwoman Edibe Sözen recently introduced a bill calling for places of worship for all children to be built in schools and for strong new rules against pornography. The bill was withdrawn after the Party publicly rebuked Sözen. However opposition parties say this shows the AKP still has a hidden Islamist agenda.

Prison Inmates Who Have Declared Multiple Faiths Create Issues for Chaplains

This morning's Tacoma (WA) News- Tribune carries an article about prisoners who declare multiple religions under a new Washington Department of Corrections Policy adopted earlier this year. (See prior posting.) McNeil Island Prison chaplain John Barnes says he is uncomfortable with the policy, which gives inmates the right to possess religious items from each declared faith. The Tribune's Lights & Sirens blog carries videos of interviews with several inmates who have declared multiple faiths.

Sheriff's Church Protection Program Questioned By County Commissioners

In Cleveland, Tennessee, according to yesterday's Cleveland Banner, Bradley County Commissioners are questioning a new Church Protection Program announced by Sheriff Tim Gobble. The Cleveland Banner reported earlier this month that the program was created in response to increased violence against churches around the country. According to the paper: "Any church [with over 50 attendees] desiring special deputies for the Church Protection Program must request the appointment of a maximum of two regularly attending church members, within good standing, who are trustworthy and responsible. The candidates must also be sponsored by church elders or the church's governing body." Commissioners raised not only questions of cost and liability, but also church-state issues. Commissioner Jeff Yarber questioned whether the program could be open to churches without extending it to all non-profit groups.

DC Land Exchange With Homeless Shelter Said To Violate Establishment Clause

Americans United for Separation of Church and State announced yesterday that it has written to the mayor of Washington, D.C. (full text of letter) to protest a proposed exchange of land between the District and Central Union Mission. Last Sunday, a letter to the editor in the Washington Post from a Presbyterian minister John W. Wimberly, Jr., also expressed strong objection to the deal. The city is giving the Mission a former school building worth nearly $9 million, plus $7 million in cash and expenditures for renovation, so the Mission can relocate its homeless shelter there. In exchange, the District is getting a piece of land worth $2.7 million. The Mission's activities are heavily religious. A Christian religious message is preached at every meal, and long term residents are enrolled in a"Spiritual Transformation Program." AU says that the land exchange supports a religious ministry in clear violation of the Establishment Clause. Today's Washington Post reports that Mission director David Treadwell says residents can opt out of prayer services and Bible study at the Mission.

8th Circuit Upholds Prison Grooming Rules In Split Decision

In Fegans v. Norris, (8th Cir., Aug. 11, 2008), the U.S. 8th Circuit Court of Appeals, in a 2-1 decision, rejected an Assemblies of Yahwah adherent's challenge to Arkansas grooming regulations for prisoners. The majority held that both the restrictions on long hair and the prohibition of beards withstand scrutiny under Religious Land Use and Institutionalized Persons Act. Judge Melloy, dissenting in part, cited the state's different treatment of women and those with dermatological conditions. The dissent argued that the case should be remanded for individualized review of "whether security could be achieved while not substantially burdening Fegans’s exercise of his religion." Yesterday's Northwest Arkansas Daily News reported on the decision.

Does McCain Ad Link Obama With the Antichrist?

An article in Friday's Wall Street Journal explores the controversy over whether an Internet ad being run by the McCain campaign contains a hidden message linking Barack Obama with the Biblical figure of the Antichrist. The ad, captioned "The One" [from YouTube], is described by the McCain campaign as merely a light-hearted attempt to show that Obama "gets carried away" when he speaks. Others, however, say that for those familiar with the "Left Behind" series of apocalyptic novels, the ad uses numerous symbols of the Antichrist.

Cert. Petition Filed In Case Excluding Religious Material From Class Project

The Alliance Defense Fund announced that yesterday it filed a petition for certiorari (full text) seeking Supreme Court review of the 6th Circuit's decision in Curry v. Hensinger. In the case, the Court of Appeals upheld a Saginaw, Michigan school principal's decision barring a fifth-grader from selling candy canes with religious material attached as part of a classroom project to learn about marketing. The 6th Circuit found that the school's decision was motivated by legitimate pedagogical concerns.

College Raises Church-State Issues By Program Offered Through A Church

Inside Higher Ed today reports on problems faced by North Carolina Central University, a part of the University of North Carolina system. The campus violated UNC rules by opening an out-of-state program housed at a Georgia megachurch, New Birth Missionary Baptist Church. The program, called New L.I.F.E. College, existed for four years and awarded 25 bachelor's degrees until NCCU's accrediting body, the Southern Association of Colleges and Schools, required the unapproved program to end. The pastor of New Birth church is NCCU alumnus, Bishop Eddie Long. Long recently donated $1 million to NCCU. Inside Higher Ed reports that it asked NCCU officials about church-state concerns involved in a public university awarding degrees "for a program that is described as the arm of a church, for courses taught in a church, for which tuition revenue goes to a church." The school responded that the question would need to be answered by its former Chancellor who is now president of Florida A&M University. However NCCU said that tuition revenue went back into a trust account to support the program.

Nigerian Prelate Blames Crime and AIDS on Ending of Religion In Schools

In Nigeria, the Prelate of the Methodist Church, Dr. Ola Makinde, is blaming most of the country's societal ills on the federal government's decision to replace Christian and Islamic religious studies in the schools with courses in social studies. The Punch reported yesterday that Makinde, speaking at the end of the church's 41st biennial conference, blamed cultsim, HIV/AIDS and crime on the change. He said: "The quality of education churned out when we missionaries ran schools in the country cannot be compared with what we have now. Government should return our schools to us so that we could bring back discipline and the fear of God."

Good News Club Wins Preliminary Injunction On Facilities Fee

In Child Evangelism Fellowship of Virginia v. Williamsburg-James City County School Board, (ED VA, Aug. 8, 2008), a Virginia federal district court granted a preliminary injunction barring the school board from charging a facilities usage fee to the Good News Club for its after-school Bible study and enrichment program. The court found that CEF suffered irreparable harm and had a high likelihood of success on the merits. School board policy grants fee waivers to various community organizations, but not to religious groups. The policy granting the superintendent authority to waive fees was, according to the court, vague and gave unfettered discretion that could be used to discriminate on the basis of viewpoint. Relying on 4th Circuit precedent, the court concluded that "a fee-waiver given arbitrarily to non-religious organizations by school administrators under the guise of enforcing a vague policy is a violation of a religious organization's First Amendment rights." Liberty Counsel, which represents plaintiff, today issued a release on the decision.