IRS Releases 2006 Data On Income of Non-Profits

Earlier this week, the Internal Revenue Service issued its Fall 2009 Statistics of Income Bulletin which sets out data for tax year 2006 on returns filed by non-profit organizations. Churches and church-affiliated organizations are not required to file Form 990. Thus only 853 of the 301,214 Forms 990 or 990-EZ were from "Religion related" non-profits. This group of religious non-profits reported total assets of $17.8 million and revenue of $2.8 million. Most of their income was from program service revenue. Their income exceeded their expenses by $550 million. [Data at pg. 5 of Bulletin].

Italian Paper Says Berlusconi Diverted Secular Funds To Catholic Church

An article published last week in Italy's La Repubblica and translated by Concordat Watch reports that Italian Prime Minister Silvio Berlusconi has directed to Catholic churches and monasteries some 10.6 million Euros that Italian taxpayers had earmarked on their tax returns for secular institutions. Under Italian law, 0.8% of each Italian's taxes go either to one of six religious groups, or to a social assistance program run by the government. If a taxpayer does not declare a recipient, the amount goes to the Catholic Church or the government in proportion to the amounts others have designated for them. (Background.) Apparently, however, in September of this year Berlusconi issued a decree giving him greater discretion over distribution of these tax funds. La Repubblica suggests that Berlusconi is using these additional funds to make peace with the Catholic Church after a bitter feud between Berlusconi and the Vatican over Berlusconi's sexual dalliances. (See prior posting.)

Kentucky High Court Says Barring Reference To Jesus Was Harmless Error

Edmonds v. Commonwealth of Kentucky, (KY Sup. Ct., Nov. 25, 2009), involved numerous objections by two convicted defendants to their convictions on charges of sodomy, robbery and murder. One of the defendants claimed that his Free Exercise rights were violated when the trial judge sustained objections to his lawyer's attempt, in the penalty phase closing argument, to compare the defendant to Jesus being put to death on the cross. The Supreme Court concluded that while it may not have been necessary for the trial judge to restrict closing argument in this way, it was not likely this had any substantial effect on the verdict. Any error was therefore harmless.

In Fiji, Government's Attempt To Co-Opt Religious Leadership Backfires

Australia's Sunday Sydney Morning Herald carries a long report on the complicated involvement of Methodist churches in Fiji with the Pacific island nation's politics. In the past two decades, Fiji has had four coups, each reflecting tensions between ethnic Fijians, who largely belong to the Methodist Church, and Indian Fijians, most of whom are Hindu. Some in the Methodist Church have backed a proposal to turn Fiji into a Christian state. (Background.) The latest coup, in 2006, which brought military leader Frank Bainimarama to power, was opposed by the Methodist Church. So, while impeding or banning much of the activity traditional Methodists, Bainimarama's allies promoted evangelist Pastor Atu Vulaono, and his "Souls to Jesus" campaign in an attempt to co-opt the traditional leadership of the Methodist Church.

However Vulaono's New Methodist Church , and his campaign against crime that was funded by the Fiji police department, got out of hand. Vulaono was drawing 20,000 people at his rallies and had established 70 churches. Police officers were required to attend New Methodist crusades where they were forced to dance in their police uniforms. A new law-and-order campaign ordered couples not to embrace in public, and sometimes forced prostitutes to jump off a bridge 6 meters into an ocean inlet. Some were forced to attend Vulaono's crusades. Fijian courts were pressuring women who were victims of domestic violence to reconcile with their husbands. Eventually this anti-crime crusade by the New Methodists became too embarrassing for the regime, and the Attorney General put a halt to it. Fiji's chief censor sent a letter to media editors telling them to stop broadcasting the New Methodists' paid programming, because the group had become a security risk.

Jury Says Religious Order Not Liable For Molestation By Teacher

In 2007, the Delaware legislature passed the Child Victim Act . It created a 2-year window for filing of child sexual abuse claims previously barred by the statute of limitations. (See prior related posting.) The statute provides that if the suit is against an institution or other legal entity that employed the abuser and which owed a duty of care to the child, plaintiff must show gross negligence in order to recover. Earlier this week, in the first case to come to trial under the new statute, a jury refused to award damages against the Oblates of St. Francis de Sales. Tuesday's Wilmington News Journal reports that while the jury concluded that a now-deceased teacher, Rev. Francis Norris, molested plaintiff in 1962, the jury could not conclude that the Oblates were grossly negligent. Salesianum School knew the teacher suffered from alcoholism and depression, but, according to the jury, it could not have foreseen that this would lead to sexual abuse of a student. Plaintiff's attorney claimed that memos about Norris' alcoholism and depression contained "code words" used in the 1960's to indicate that a priest had problems with pedophilia.

Alternative Proposal For South Carolina "I Believe" Plates Is Filed

South Carolina residents may get a chance to purchase "I Believe" license plates after all. Earlier this month, a federal district court ruled that a statute, promoted by the Lieutenant Governor, that authorizes the plates violates the Establishment Clause. The legislatively approved tags were to carry the "I Believe" message, along with a cross superimposed on a stained glass window. (See prior posting.) Today's Rock Hill (SC) Herald reports that now a private group, the Palmetto Family Council, has filed a request with the state Department of Motor Vehicles for the issuance of an "I Believe" plate under S.C. Code of Laws, Sec. 56-3-8000. That section permits non-profit groups to apply for issuance of specialty tags, carrying an emblem or symbol representing the organization. The group need only submit 400 prepaid orders or pay $4000, and must also submit a plan to market further sale of the license tags. The only grounds for refusing to issue specialized plates under this section is that they are offensive or fail to meet community standards.

Canadian Court Says Property of Break-Away Anglican Parishes Belongs To Diocese

In Bentley v. Anglican Synod of the Diocese of New Westminster, (BC Sup. Ct., Nov. 25, 2009), the British Columbia Supreme Court (the Canadian province's superior trial court) issued a lengthy opinion in a dispute over ownership of the property of four parishes that broke away from the Anglican Church of Canada and affiliated with the more conservative Anglican Network in Canada. The split came over the Diocese's decision to accept a rite to bless same-sex unions. The court held that ownership of parish properties remain with the Diocese. Under the Act to Incorporate the General Synod of the Church of England in Canada, parishes can dispose of property only with the consent of the Executive Committee and Bishop. Using the property for purposes related to ANiC amounts to improperly taking them outside the jurisdiction of the Diocese. The court also rejected the parishes' argument that the property was held in trust for ministry consistent with historic, orthodox Anglican doctrine and practice. It held that only departure from core tenets or fundamental doctrine can breach a religious purpose trust. The blessing of same-sex unions does not engage core or fundamental doctrine.

The court went on to hold that the Bishop lacked authority to replace parish trustees. However trustees elected by each break-away parish must carry out their duties in accordance with the rules of the Anglican Church in Canada-- something that the elected trustees are unlikely to want to do. Finally the court held that $2.2 million from the bequest of a former member to the building fund of one of the parishes involved should, consistent with the donor's intent, go to the building needs of the parish now affiliated with ANiC. Applying the cy pres doctrine, the court said that the donor intended the funds to benefit the parish that serves the Chinese community in British Columbia. Yesterday's Anglican Journal reported on the decision.

Agreement Reached With Abuse Claimants In Alaska Diocese Bankruptcy

In February 2008, the Catholic Diocese of Fairbanks, Alaska filed for Chapter 11 reorganization under the federal Bankruptcy Code. (Press release.) According to AP, at a status hearing on Tuesday in federal bankruptcy court, it was disclosed that a preliminary agreement has been reached with clergy abuse victims for settlement of their claims. The nearly 300 victims will be awarded almost $10 million from Diocese funds. However, a portion of that amount will be set aside to use to pursue the Diocese's four insurance companies for additional amounts of up to $100 million. The remainder of the $10 million will be divided among claimants based on the severity of the abuse they suffered. Many of the prior filings in the Chapter 11 case are available from the Diocese website.

Church Wins Settlement In Challenge of School Flyer Distribution Policy

Last week, a settlement was reached in a Florida federal district court case in which a church challenged the Collier County (FL) school board's policy that precluded it from handing out to students flyers about the church's Vacation Bible School. (See prior posting.) The Stipulated Dismissal (full text) in Cypress Wood Presbyterian Church v. School Board of Collier County, Florida, (MD FL, Nov. 20, 2009), recites that the school board has agreed to give plaintiffs equal access with other community groups to distribute flyers and post information. Also, the school board has amended its flyer distribution policy to eliminate the requirement that flyers relating to religious activities not contain proselytizing messages or overtly advocate support for a religious organization. Alliance Defense Fund on Wednesday issued a release announcing the settlement.

Irish Government Releases Report On Catholic Archdiocese Handling of Abuse Complaints

The Irish government yesterday released a 720-page Commission of Investigation Report (links to full text) that it had received in July. the Report details improper handling of clergy sexual abuse complaints by the Dublin Catholic Archdiocese and by senior police officials from 1975- 2004. According to the New York Times, the Report analyzes 320 complaints against 46 priests. Only eleven of the priests-- those who have been criminally convicted-- were named in the Report. The Report concludes that three Dublin archbishops, from 1940 to 1987, chose not to alert police to abuse cases, but instead moved the offending priests to other parishes. A few priests and lower-level police officials tried, usually unsuccessfully, to pursue some of the cases. When senior police officials learned of problems, they generally handed complaints over to the Archdiocese for investigation. As evidence that the Archdiocese had knowledge of the problem, the report says that in 1987 it negotiated an insurance policy to cover costs it would incur in defending lawsuits and paying compensation claims. The abuse records were not released until in 2004 the Vatican insisted on it.

Human Rights Group Protests Saudi Death Sentence For TV Host Charged With Witchcraft

In a release issued Tuesday, Human Rights Watch called on a Saudi Arabian appellate court to overturn the death sentence imposed on a Lebanese man charged with witchcraft. According to AP, Ali Sabat was arrested by Saudi religious police who spotted him at his hotel in Medina last year while he was on the omra pilgrimage. In Lebanon, many psychics, fortune tellers and astrologers have regular radio and television programs. Sabat is the most popular psychic on the Lebanese satellite TV channel Sheherazade. A lower court in Medina imposed the death sentence on Sabat on Nov. 9. Apparently Sabat, who did not have a lawyer, had confessed because interrogators told him that if he did, he could go home to Lebanon. The case is being appealed to the cassation court in Mecca. Human Rights Watch, reviewing a number of cases in the last few years, more broadly called on the Saudi government to stop using the vaguely defined charge of witchcraft against defendants. Saudi Arabia has no criminal code, and judges are free to define acts thaey deem criminal and impose punishments.

President Issues Proclamation Declaring Thanksgiving Day 2009

Earlier this week, President Barack Obama signed the official Presidential Proclamation declaring today as a "National Day of Thanksgiving." It reads in part:

Today, we recall President George Washington, who proclaimed our first national day of public thanksgiving to be observed "by acknowledging with grateful hearts the many and signal favors of Almighty God," and President Abraham Lincoln, who established our annual Thanksgiving Day to help mend a fractured Nation in the midst of civil war. We also recognize the contributions of Native Americans, who helped the early colonists survive their first harsh winter and continue to strengthen our Nation....

I encourage all the people of the United States to come together, whether in our homes, places of worship, community centers, or any place where family, friends and neighbors may gather, with gratitude for all we have received in the past year; to express appreciation to those whose lives enrich our own; and to share our bounty with others.

Yesterday, in another Thanksgiving tradition, the President announced the "Pardoning of the National Turkey." Later he and his family were to deliver two other turkeys to a D.C. organization that fees the needy.

Rabbis Offer Torah Scrolls As Collateral For Rubashkin's Release on Bail

As previously reported, Sholom Rubashkin, the manager at Agriprocessors' Postville, Iowa kosher meatpacking plant that was raided by federal immigaration authorities in May 2008, was convicted earlier this month on 86 counts charging money laundering and fraud. Seeking Rubashkin's release on bail pending sentencing, Rubashkin's attorneys offered unusual collateral as bond. Not only were his supporters willing to pledge the equity in their homes totally nearly $8 million, but six rabbis offered to pledge sacred Torah scrolls as collateral. (Cedar Rapids Gazette, 11/18). Federal district judge Linda R. Reade was apparently unimpressed. She denied bail, and Rubashkin's attorneys say they will appeal. (Iowa Independent, 11/25).

Meanwhile, last week, at the government's motion, the 72 still-pending immigration-related charges against Rubashkin were dismissed without prejudice. The government concluded that the sentence on the fraud charges is likely to be substantially longer than any sentence for immigration law violations. Some of the fraud charges involved making false statements about harboring illegal aliens. The dismissal conserves prosecutorial resources and lessens inconvenience to witnesses. (Iowa Independent, 11/19). Rubashkin and others still face state charges of violating child labor laws.

"Jews for Jesus" Sue Over Right To Leaflet At Labor Day Festival

Each year on Labor Day weekend in downtown Pontiac, Michigan, Oakland County sponsors its "Arts, Beats & Eats Festival." Yesterday's Oakland Press reports that the local Jews for Jesus congregation (Congregation Shema Yisrael) has filed a lawsuit against the city of Pontiac charging that police last September used threats, intimidation and coercion to prevent them from distributing pamphlets on a sidewalk near the Festival entrance. After the Jews for Jesus members, wearing T-shirts reading "Jesus Made Me Kosher," handed out 2,500 pamphlets on Sunday, police on Monday told them to move a block away because the sponsors of the Festival did not want them to hand out their materials. The suit alleges that police have tried to stop their leafleting for the past three years, and they fear that next year they will again be prevented from freely proselytizing. [Thanks to Brian D. Wassom for the lead.]

Obama Sends Greetings To Hajj Pilgrims As Eid-ul-Adha Approaches

As Muslim pilgrims from around the world, including 20,000 Americans, performed the Hajj, President Barack Obama yesterday issued greetings to them in anticipation of tomorrow's observance of Eid-ul-Adha. His statement read in part:

Michelle and I would like to send our best wishes to all those performing Hajj this year, and to Muslims in America and around the world who are celebrating Eid-ul-Adha. The rituals of Hajj and Eid-ul-Adha both serve as reminders of the shared Abrahamic roots of three of the world’s major religions.

During Hajj, the world’s largest and most diverse gathering, three million Muslims from all walks of life – including thousands of American Muslims – will stand in prayer on Mount Arafat. The following day, Muslims around the world will celebrate Eid-ul-Adha and distribute food to the less fortunate to commemorate Abraham’s willingness to sacrifice his son out of obedience to God.

His statement also pointed to U.S. Saudi Arabian cooperation in preventing the spread of the H1N1 virus during Hajj ceremonies. The President's statement was also made available in Arabic, Persian, Dari, Urdu, Pashto, Russian and French translations.

Brooklyn Neighbors Object To Loud Recorded Church Bells

In the Marine Park neighborhood of Brooklyn, New York, some residents are protesting the decibel level of church bells from St. Thomas Aquinas Church. Your Nabe reported yesterday that the problem began when the church began to use a speaker system to play recorded bell melodies from 9 a.m. to 7 p.m. each day. The city's Department of Environmental Protection says that the city's noise ordinance does not apply to organs, bells and chimes used by houses of worship. (New York City Administrative Code, Sec. 24-217). City Councilman Lew Fidler is trying to mediate the situation, but so far has been unsuccessful. Neighborhood resident Joseph Zelinsky says that the exemption for church bells should not apply here because the noise is caused by loud speakers, not bells.

Court Rejects Attempt To Block Demolition of Catholic Church Building

A state trial court in Galveston, Texas on Tuesday dismissed a lawsuit that had been brought by parishioners of Our Mother of Mercy Church to prevent the Catholic Archdiocese of Galveston-Houston from demolishing the church building. Yesterday's Houston Chronicle reports that while the church building survived Hurricane Ike last year, the Archdiocese decided to close the church as part of a plan to consolidate parishes. (Letter from Archdiocese.) Galveston County district judge John Elisor held that the lawsuit was asking the court to improperly interfere with internal church affairs.

Town Decides To Remove Creche Rather Than Permit Atheist and Other Messages

The Chambersburg, Pennsylvania Borough Council on Monday voted to allow only American flags and flowers on the town's Memorial Square fountain war memorial. The decision means that the Nativity scene that was placed on the Square again this year by the Chambersburg Garden Club must now be taken down. Council's action came after an atheist group sought permission to put up a sign on the Square showing a rising sun over the words "Celebrating Solstice. Honoring Atheist War Veterans." Yesterday's Chambersburg Public Opinion says Council members concluded they would rather have no displays on Memorial Square than permit an influx of competing messages each holiday season. Carl Silverman, director of the mid-state chapter of PA Nonbelievers, said Council's decision reflected discrimination against atheists and other nonbelievers. [Thanks to Scott Mange for the lead.]

UPDATE: The Dec. 4 Harrisburg Patriot-News reports that the Nativity scene has found a new home in front of Central Presbyterian Church, just across the street from the Memorial Square Fountain.

India's Parliament Disturbed Over Commission Report on 1992 Mosque Destruction

According to Time Magazine yesterday, a report delivered in June to India's Prime Minister, and leaked to the press last week, on a 1992 incident in Ayodhya, in the northern state of Uttar Pradesh, has created so much turmoil that both houses of Parliament have had to be adjouned repeatedly over the last two days. At issue is the report by the Liberhan Commission of Enquiry on the 1992 destruction of the Babri Mosque by Hindu extremists who believe the mosque was built on the birthplace of the Hindu god Ram. Politicians had exploited passions by promising to build a Temple to Ram on the site. BJP leaders have always claimed that the attack on the mosque was spontaneous. The new report, however, concludes that the attack was meticulously planned, and approved by senior members of the Hindu nationalist Bhartiya Janata Party (BJP).

3rd Circuit OK's Ban On Religious Holiday Songs At School Concerts

In Stratechuk v. Board of Education, South Orange-Maplewood School District, (3d Cir., Nov. 24, 2009), the U.S. 3rd Circuit Court of Appeals upheld a New Jersey school district's policy banning celebratory religious holiday music at school-sponsored holiday concerts. Holiday music could still be taught in music classes. Also, songs with religious content not specifically related to the holidays at hand could be performed in concerts. The 3d Circuit rejected plaintiff's argument under the Establishment Clause that the policy's purpose and effect is to disapprove of religion. The school argued that its purpose was to prevent governmental endorsement of religious holidays. The Court concluded:

Certainly, those of us who were educated in the public schools remember holiday celebrations replete with Christmas carols, and possibly even Chanukah songs, to which no objection had been raised. Since then, the governing principles have been examined and defined with more particularity. Many decisions about how to best create an inclusive environment in public schools, such as those at issue here, are left to the sound discretion of the school authorities.

The court also rejected plaintiff's claim that the school was unconstitutionally restricting students' access to ideas. Yesterday's Newark Star-Ledger reported on the decision. (See prior related posting.)

Lawsuit Challenges Museum's Cancellation of Pro-Intelligent Design Film

A press release yesterday from the American Freedom Alliance (AFA) reports on a lawsuit it has filed against the California Science Center (CSC). AFA says its free expression rights were infringed when CSC, a state agency, cancelled a scheduled showing in its IMAX Theater of "We Are Born of the Stars"-- a documentary promoting Intelligent Design. The lawsuit alleges that CSC cancelled the film because it did not want the museum to be viewed as legitimizing Intelligent Design as a scientific theory. The complaint alleges that CSC's President, Jeffrey Rudolph, was pressured to cancel the event by colleagues at the Smithsonian Institution, the University of Southern California, the Huntington Library and elsewhere. Yesterday was the 150th anniversary of the publication of Darwin's Origin of the Species, and AFA had planned two films to kick off a series of events exploring competing theories on life's origins.

UPDATE: Here is the full text of the complaint in American Freedom Alliance v. California Science Center, (Cal. Super. Ct., filed 11/19/2009). [Thanks to Willaim Becker.]

White House State Dinner Accommodates Hindu Vegetarianism

Tonight the White House is hosting the first State Dinner of the Obama Presidency, honoring India's prime minister, Dr. Manmohan Singh. (White House Blog.) The carefully created dinner menu takes account of the vegetarian diet practiced by many Hindus. All the courses are vegetarian, except that guests have the option of Green Curry Prawns instead of Roasted Potato Dumplings for the main course. Blog of the Times is covering various aspects of the dinner.

Suit Challenges School's Censorship of Anti-Islam T-Shirts

Yesterday the ACLU of Florida filed a federal lawsuit against the Alachua County (FL) school board challenging the constitutionality of the district's policy of banning students from wearing T-shirts with messages that are "offensive to others." The Gainesville Sun reports that the suit, alleging freedom of expression claims, was filed on behalf of two families that are members of the Dove World Outreach Center. School officials asked the students involved to cover their T-shirts which, on the back, read "Islam is of the Devil." On the front, the T-shirts read: "I stand in truth with Dove World Outreach Center", followed by, "Jesus answered I am the way and the truth and the life; no one goes to the Father except through me."

Some students were told they could not wear the T-shirts at all. Others were only required to cover the message on the back, but not the Christian message on the front. The ACLU says the issue is whether, under the First Amendment, school officials can permit positive messages about faith, religion or other matters, while banning negative messages about those subjects. School officials say they can bar messages that are disruptive to the learning environment, substantially interfere with maintaining discipline at school, or which infringe other students' rights.

Estate of Deceased FLDS Leader Seeks Return of UEP Trust

The complicated and long-running efforts of a Utah state court to reform the $120 million FLDS United Effort Plan Trust (see prior posting) has run into a new complication. AP reported yesterday that attorneys for the estate of Rulon Jeffs-- former leader of the polygamous FLDS Church-- have filed a motion asking the court to return control of the trust to the estate. The court took control of the trust in 2005 after Warren Jeffs, Rulon's son, was charged with mismanaging the property held by the trust. The new motion argues that the property belongs to the Corporation of the President of the FLDS Church, and that the court's prior actions have denied the estate, and the Corporation of the President, due process.

Iran's Largest Paper Shut Down For Publishing Photo of Baha'i Temple

AFP reported yesterday that Iran's Press Supervisory Board has ordered Hamshahri, the country's largest circulation newspaper, closed down because it published a photo on its front page of a Baha'i temple. The photo was part of an ad encouraging tourists to visit the Baha'i shrine. Iran's 300,000 Baha'is have been discriminated against over the years, and the religion is not recognized as a minority religion by Iran. (Background.) However, according to an AP report, Hamshahri, run by the municipality of Tehran, has also been critical of President Mahmoud Ahmadinejad. Tehran's mayor, Mohammad Baqer Qalibaf, is a critic and rival of Ahmadinejad. Over 120 pro-reform newspapers have been ordered closed since 2000.

UPDATE: An Iranian news agency says that courts have lifted the ban on Hamshahri one day after it was imposed. (Fresno Bee, 11/24.)

State Department Official Testifies On Religious Freedom In Middle East

On Nov. 19, a subcommittee of the House Committee on Foreign Affairs held a hearing on The State of Political and Religious Freedom in the Middle East. Michael H. Posner, Assistant Secretary, Bureau of Democracy, Human Rights, and Labor, testified. (Full text of Posner's statement.) He said in part:

We recognize that there are many significant challenges to religious freedom and tolerance in the Middle East and South Asia. Throughout the region religious minorities do not enjoy equal access to education, employment, healthcare, and legal recourse. In some places, blasphemy and apostasy laws inhibit the social contributions of minorities and exacerbate inter-religious tension. In many Muslim-majority countries, minority Muslim sects are marginalized and members of the majority sect are not free to challenge official religious opinions. I want to emphasize that religious freedom is not just a concern for religious minorities; majority communities need space to self-critique and adapt to changing conditions over time.

Reporting on the hearing, the Pakistan Christian Post yesterday said that questions asked of Posner during the hearing demonstrated that the U.S. has not seriously pressured its allies Saudi Arabia and Egypt to comply with international human rights law.

Hannah Rosenthal To Be Named State Department's Special Envoy On Anti-Semitism

JTA reported yesterday that President Obama will name Hannah Rosenthal as the State Department's new Special Envoy to Combat and Monitor Anti-Semitism. Rosenthal served from 2000 to 2005 as executive director of the Jewish Council for Public Affairs. Her appointment was welcomed by the ADL and the JCPA. However, according to JTA, some conservatives criticize her, citing her service on the advisory board of J Street, a new organization that describes itself as the political arm of the pro-Israel, pro-peace movement.

Iraq Gives Added Payment To Mixed Sunni-Shiite Couples Marrying

In Iraq, the country's vice-president, Tariq al-Hashemi, is trying to heal rifts between Shiites and Sunnis by encouraging intermarriage between the two groups. Monday's USA Today says that Hashemi is offering a government gift of $2000 to each mixed couple that marries. About a dozen of these couples will take part in a eremony and celebration on Friday, funded by the government. The mixed couples will receive their $2000 along with government funded wedding clothes and hotel rooms. Some 375 couples from the same sect will also marry in the subsidized group ceremony. They will receive a $750 gift from the government.

FBI Releases 2008 U.S. Hate Crimes Data

The FBI today released its report on Hate Crime Statistics 2008. The FBI says the numbers are up slightly from last year, but the number of agencies reporting data varies from year to year. Of the 9,168 hate crime offenses (in 7,783 incidents), 1,606 were motivated by religious bias. (Incidents and Offenses data.) The largest percentage of those (65.7%) were anti-Jewish. 7.7% were anti-Islamic, 4.7% were anti-Catholic, 3.7% were anti-Protestant, 0.9% were anti Atheist/ Agnostic. Some 3,608 hate crime offenses were against property. 6.6% of those were directed at religious organizations. [Thanks to Michael Lieberman for the lead.]

UPDATE: The ADL on Monday issued a press release reacting to the new data and calling for "a coordinated campaign to prevent, deter, and respond effectively to criminal violence motivated by bigotry and prejudice." The ADL has also compiled charts giving additional data: (1) 10 year comparison of number of hate crimes; (2) number of law enforcement agencies reporting, by state; (3) hate crimes data since 1992 from 50 largest cities; and (4) state-by-state incident reports 1991-2008.

Suit Challenges Policy of Opening College Events With Prayer

Americans United announced Friday that it has filed a federal lawsuit against California's South Orange County Community College District challenging the practice at Saddleback College in Mission Viejo of opening various sorts of official events-- some of them mandatory for students-- with prayers. The complaint (full text) in Westphal v. Wagner, (CD CA, filed Nov. 19, 2009), alleges:

3. For years, the trustees, the chancellor, and the president of Saddleback College have routinely held official prayer at numerous events for college students and faculty, including scholarship ceremonies, graduations, and the Chancellor’s Opening Sessions.

4. The college communities are religiously diverse, and the official prayers deeply offend many students, faculty, and staff. For some, the official prayers are insulting to their deeply held religious beliefs, or even offensive to God. For some, the official prayers make them feel like outsiders because they do not belong to the District’s preferred faith community. And for some, the official prayers represent the District’s attempt to impose that preferred faith on them.

5. For years, therefore, college students, faculty, and staff, as well as scholarship donors, community members, and others have publicly objected to the District’s prayer practice, requesting that a moment of silence or some other, less divisive practice be adopted instead. But rather than respecting the beliefs of its faculty and students, the trustees, the chancellor, and Saddleback College’s president have responded by expanding the prayer practice, by making the prayers ever more religious and divisive, and by publicly attacking members of minority faiths and nonbelievers for not sharing the District’s preferred faith. Plaintiffs therefore have no choice but to seek provisional relief and a permanent injunction to stop the prayer.

[Thanks to Alliance Alert for the lead.]

White House Marks Sikh Holiday For First Time

On Friday, Nov. 13 [corrected], the White House hosted a reception commemorating the 540th anniversary of the birth of Guru Nanak Dev Ji, the first guru in Sikhism. According to the White House Blog, this is the first time this holiday has ever been celebrated at the White House. Sikh leaders from around the country joined a number of White House staff at the reception that featured traditional hymns led by the Sikh Kirtani Chanters from the Golden Temple in Amritsar, India.

Recent Articles Of Interest

From SSRN:

• Israel Zvi Gilat, 'Conquest by War' in Jewish Law: The Beautiful Woman Case, (November 17, 2009).
• John Mikhail, Dilemmas of Cultural Legality: A Comment on Roger Cotterrell's 'The Struggle for Law' and a Criticism of the House of Lords' Opinions in Begum, (International Journal of Law in Context, Vol. 4, pp. 385-393, 2009).
• Norman T. Deutsch, May Religious Worship Be Excluded from a Limited Public Forum? Commentary on the Ninth Circuit Court of Appeals Decision in Faith Center Church Evangelistic Ministries v. Glover, (University of Hawaii Law Review, Vol. 31, No. 29, 2008).
• Lael Daniel Weinberger, Religion Undefined: Competing Frameworks for Understanding 'Religion' in the Establishment Clause, (University of Detroit Mercy Law Review, Vol. 86, No. 4, 2009).

From SmartCILP and elsewhere:

• Robert A. Kahn, The Danish Cartoon Controversy and the Rhetoric of Libertarian Regret, 16 University of Miami International & Comparative Law Review 151-181 (2009).
• Richard Falk, Responsible Scholarship in "Dark Times", 7 UCLA Journal of Islamic & Near Eastern Law 1-16 (2008-2009).
• Umar F. Abd-Allah, Living Islam with Purpose, 7 UCLA Journal of Islamic & Near Eastern Law 17-66 (2008-2009).
• Mohamed Abdel Dayem & Fatima Ayub, In the Path of Allah: Evolving Interpretations of Jihad and Its Modern Challenges, 7 UCLA Journal of Islamic & Near Eastern Law 67-120 (2008-2009).
• Nicholas May, Holy Rebellion: Religious Assembly Laws in Antebellum South Carolina and Virginia, 49 American Journal of Legal History 237-256 (2007).
• Susan Weiss, The Tort of Get Refusal, (Conversations, The Journal of the Institute for Jewish Ideas and Ideals, Issue 5, 2009).

Norwegian Univeristy Debates Use of Gym For Muslim Prayers

At Norway's University of Oslo, Muslim students are encountering resistance to their request to use a university gymnasium for a half hour each Friday for prayer services. Europe News reported last week that the deans of Law and Theology want a debate on how to accommodate religious needs of students while protecting the University's common, secular space. Muslim students currently have a prayer room at the University, but it is too small to accommodate the 40 to 80 students who attend on Fridays.

Recent Prisoner Free Excercise Cases

In Perez v. Westchester County Department of Corrections, (2d Cir., Nov. 19, 2009), the U.S. 2nd Circuit Court of Appeals held that plaintiffs who obtained a settlement requiring prison authorities to serve Muslim prisoners halal meat were "prevailing parties" for purposes of the award of attorneys' fees and that the fee caps in the Prison Litigation Reform Act apply even though some of the plaintiffs were released before the successful resolution of the litigation.

In Pressley v. Madison, 2009 U.S. Dist. LEXIS 107231 (ND GA, Nov. 17, 2009), a Georgia federal district judge permitted a Muslim plaintiff to move ahead with her complaint that she was not permitted to wear her hijab covering her head while temporarily transferred for two days from prison to a county jail. The suit asks for an injunction to prohibit Barrow County Jail from depriving Muslim women of their hijabs and also seeks several million dollars in damages.

In Williams v. Cate, 2009 U.S. Dist. LEXIS 107920 (ED CA, Nov. 10, 2009), a California federal magistrate judge allowed a prisoner who was a member of the House of Yahweh faith to proceed against some of the defendants named in his lawsuit for alleged violations of the free exercise and equal protection clauses, as well as RLUIPA. The lawsuit alleged refusals to accommodate plaintiff's religious dietary requirements, failure to hold House of Yahweh religious services and discrimination in funding from the religious services budget.

In Morris v. Woodford, 2009 U.S. Dist. LEXIS 107612 (ND CA, Nov. 18, 2009), a California federal district court held that a prisoner had stated a cognizable claim under the 1st Amendment and RLUIPA. His complaint alleged denial and confiscation of his Qu'ran and other Islamic study and prayer materials.

In Lynch v. Huffman, 2009 U.S. Dist. LEXIS 107476 (SD IN, Nov. 17, 2009), an Indiana federal district court dismissed an inmate's claim that his free exercise rights were violated when his request to see a chaplain was ignored while he was in administrative segregation for two months. He did not allege this imposed a substantial burden on his religious exercise. Moreover the claim was now moot.

European Commission Tells Britian Its Exemption For Church Employees Is Too Broad

Yesterday's London Observer reports that the European Commission has written United Kingdom authorities telling them that in the opinion of EC lawyers, exemptions in Britain's Employment Equality (Sexual Orientation) Regulations 2003 , Sec. 7(3), are broader than permitted by EU directives. EU Council Directive 2000/78/EC permits exceptions to employment discrimination bans only "in very limited circumstances ... where a characteristic related to religion or belief ... constitutes a genuine and determining occupational requirement, when the objective is legitimate and the requirement is proportionate." Britain currently exempts religious organizations that discriminate on the basis of sexual orientation, so long as they are doing so to comply with their religious doctrines (or with the strongly held religious convictions of its followers). This exemption is available regardless of the nature of the particular job. The British government has already drafted possible language to bring Britain into compliance with the EU.

Religious Scholar Becomes Effective Regime Opponent In Iran

Today's New York Times reports that Iran's Grand Ayatollah Hossein Ali Montazeri has become one of the most effective critics of the current Iranian regime. Montazeri, the most knowledgeable religious scholar in the country, attacks the government as not Islamic. The ailing cleric in his mid-80's issues stinging criticisms online and elsewhere. In one, he said: "A political system based on force, oppression, changing people’s votes, killing, closure, arresting and using Stalinist and medieval torture, creating repression, censorship of newspapers, interruption of the means of mass communications, jailing the enlightened and the elite of society for false reasons, and forcing them to make false confessions in jail, is condemned and illegitimate." Iran's current religious leader, Ayatollah Ali Khamenei, has only limited religious credentials and thus Montazeri may be able to delegitimize him.

Maldives Considering Ban On Public Worship By Non-Muslims

Maldives parliament, the People's Majlis, is considering a bill to outlaw building of places of worship for non-Muslim religions and to prohibit the practice of other faiths in public. (Minivan News, Nov. 18). The bill will allow non-Muslim foreigners to worship in the privacy of their homes, but they could not invite Maldivians to participate. Violations of the law would carry jail terms of up to five years and fines of up to $4600 (US). Maldives constitution already prohibits non-Muslims from becoming citizens. On Friday, Maldives President Mohamed Nasheed said he would seek advice from religious scholars on whether it is permissible to allow non-Muslims to worship in an Islamic community. (Minivan News.) He says it is clear that under the constitution, laws that are contrary to Islam cannot be enacted. The bill was apparently triggered in part by the government's proposal to create wedding tourism in the country, as well as by inquiries from foreigners about creating houses of worship.

Suit Challenges Closing of 50 Churches By Cleveland Catholic Diocese

A lawsuit has been filed in state court in Akron, Ohio seeking to prevent the Cleveland Catholic Diocese from moving ahead with its plans to close some 50 of its churches in eight counties. The closures and parish mergers are designed to save money and make better use of the Diocese's limited number of priests. According to yesterday's Cleveland Plain Dealer, Nancy McGrath, head of the newly formed group Code Purple, alleges in her lawsuit that under Ohio law, the Bishop needs consent of parishioners to close the churches. She claims that parish property is held in trust for the parish, and argues that consent of the beneficiaries is needed before the trustee can dispose of trust assets. In response, the Diocese argues that Ohio case law makes it clear that the individual members of the parish are not beneficiaries of the trust, and they have no standing to enforce the trust. It also argues that the First Amendment requires civil courts to respect decisions of hierarchical Church authorities in situations such as this.

Last month McGrath was named in a restraining order preventing her and other protesters from taking over a church in Akron scheduled for closure. The Diocese has now worked out a compromise under which protesters can remain in a Church until midnight on the day of its last Mass.

Regulatory Issues Abound In New York Hasidic Village

The Forward last week reported on some of the difficult regulatory enforcement issues faced by the state and surrounding communities in connection with developments in New Square, New York. New Square, whose population is made up almost entirely members of the Skverer Hasidic sect of Orthodox Jews, is a separately incorporated village that is part of the town of Ramapo. New Square controls its own zoning and municipal code.

The most controversial immediate issue is the planned construction of a large kosher poultry slaughterhouse on city land abutting on homes just outside of New Square. The slaughterhouse project has received a $1.62 million grant of state development funds, even though it has not received approval from local planning departments. A smaller slaughterhouse constructed ten years ago already cause various sorts of problems for its neighbors.There has also been a history of non-compliance with state fire codes in the dense housing developments in New Square. The problems are complicated by the insularity of the Hasidic community, whose first language is Yiddish, and its political clout growing out of its ability to get the community to vote as a block for favored candidates. Earlier this month, 100% of New Square's 2075 votes went to one of the two candidates running to head Ramapo's government. The opposing candidate had expressed concern about the slaughterhouse project.

Rhode Island Bishop Tells Patrick Kennedy Not to Receive Communion

Today's Providence (RI) Journal reports that Catholic Diocese of Providence Bishop Thomas J. Tobin has barred U.S. Rep. Patrick J. Kennedy (D-RI) from receiving communion because of Kennedy's views on abortion rights. Kennedy told the newspaper: "The bishop instructed me not to take Communion and said that he has instructed the diocesan priests not to give me Communion." This take the dispute between the two-- that has become public in connection with health care reform proposals-- to a new height. (See prior posting.) Tobin's office declined to comment on any conversation between Tobin and Kennedy, but denied that Tobin had spoken with diocese priests about the matter.

UPDATE: Former New York governor, Mario Cuomo, reacting to Church pressure on Patrick Kennedy, warned that if Church leaders pressure Catholic politicians to follow Church teaching in their political roles, this may well lead to people being hesitant to vote for Catholics. According to AP on Sunday, Cuomo said in part: "The American people need no course in philosophy or political science or church history to know that God should not be made into a celestial party chairman."

UPDATE2: Bishop Thomas J. Tobin issued a statement (11/22) in response to Rep. Kennedy's remarks. He says he wrote Kennedy in Feb. 2007 asking that he refrain from receiving Holy Communion in light of his consistent actions in opposition to Church teachings. The letter said that Tobin was writing Kennedy "personally and confidentially as a pastor addressing a member of his flock." Tobin says he is disappointed that Kennedy has now made this public.

2nd Circuit Says EEOC Can Subpoena Company's Nationwide Records

In Equal Employment Opportunity Commission v. United Parcel Service, (2d Cir., Nov. 19, 2009), the U.S. 2nd Circuit Court of Appeals held that the district court should enforce a subpoena issued by the EEOC seeking information on how religious exemptions from UPS's Uniform and Personal Appearance Guidelines are handled nationwide. The appeals court concluded that the district court had applied too restrictive a concept of relevance in refusing to enforce the subpoena in connection with the Commission's investigation of a case in Buffalo and one in Dallas involving Muslims who wanted for religious reasons to wear beards. [Thanks to Steven H. Sholk for the lead.]

9th Circuit Won't Enjoin Church Sign Regulations, But Remands For Further Consideration

In Reed v. Town of Gilbert, Arizona, (9th Cir., Nov. 20, 2009), the U.S. 9th Circuit Court of Appeals held that a town's limitations on temporary directional signs are a content-neutral regulation that does not impermissibly favor commercial speech over noncommercial speech. It therefore affirmed the lower court's denial of a preliminary injunction to the Good News Presbyterian Church which claimed its First Amendment and Equal Protection rights were violated by the regulation. The church uses temporary signs to inform the public of the location of its Sunday services, held in an elementary school. However the court remanded the case for the district court to consider whether the regulation unconstitutionally favors some noncommercial speech over other noncommercial speech. Yesterday's Arizona Republic reported on the decision. (See prior related posting.)

New York High Court OK's State Employee Benefits To Same-Sex Spouses

In Godfrey v. Spano, (NY Ct. App., Nov. 19, 2009), New York's high court held that state civil service officials had authority to recognize, for purposes of employee health and other benefits, same-sex marriages validly performed in other states. The court pointed to the broad statutory authority given to the Civil Service Commission to determine who should obtain benefit coverage. Three concurring judges would have gone further and held that same-sex marriages, valid where performed, are entitled to full recognition under New York law. Friday's New York Times reported on the decision. [Thanks to Y.Y. Landa for the lead.]

IRS Schedules Hearing On Changes For Authorizing Church Tax Examinations

The Internal Revenue Service announced this week (Federal Register) that it is scheduling a public hearing for Jan. 10, 2010 on proposed amendments to clarify clarify which high level Treasury official has authority to authorize commencement of a church tax inquiry. (See prior related posting.) Those who have previously submitted written comments who wish to also make an oral presentation at the hearing must submit an outline by Dec. 9.

Indiana Christian TV Station Produces Program on Faith and the Law

A press release today on Christian Newswire reports on a new television program produced by an Indianapolis, Indiana television station. Each Wednesday at noon, WHMB-TV broadcasts "Faith and the Law." According to the press release, the program (which began October 7) "provides information on the attack on our religious freedom and encourages all Christians to stand up and fight back." The program's host is lawyer Timothy A. Rowe.

Ohio Supreme Court: Regional Church Offices Are Not Tax Exempt

In Church of God in Northern Ohio v. Levin, (OH Sup. Ct., Nov. 18, 2009), the Ohio Supreme Court in a 4-3 decision held that property used only as the regional administrative headquarters of a denomination's local churches is not tax exempt. Property primarily used to support public worship that is conducted at other locations by local congregations is not exempt either as property used exclusively for public worship nor as property used exclusively for charitable purposes. According to the majority, public worship by itself is not a "charitable activity."

The dissenters argued that the headquarters were exempt as property used exclusively for a charitable purpose because it plays an integral role in the public worship and outreach programs of local churches.

New Catholic, Evangelical Declaration Reaffirms Pro-Life, Traditional Marriage Agenda

This afternoon, a coalition of 149 pro-life, Catholic, evangelical and Orthodox Christian leaders signed the 4700-word Manhattan Declaration, pledging to defend their pro-life views and their opposition to same-sex marriage. (LifeNews.) The Declaration says in part:

While the whole scope of Christian moral concern, including a special concern for the poor and vulnerable, claims our attention, we are especially troubled that in our nation today the lives of the unborn, the disabled, and the elderly are severely threatened; that the institution of marriage, already buffeted by promiscuity, infidelity and divorce, is in jeopardy of being redefined to accommodate fashionable ideologies; that freedom of religion and the rights of conscience are gravely jeopardized by those who would use the instruments of coercion to compel persons of faith to compromise their deepest convictions.

.... We are Christians who have joined together across historic lines of ecclesial differences to affirm our right—and, more importantly, to embrace our obligation—to speak and act in defense of these truths.... Because we honor justice and the common good, we will not comply with any edict that purports to compel our institutions to participate in abortions, embryo-destructive research, assisted suicide and euthanasia, or any other anti-life act; nor will we bend to any rule purporting to force us to bless immoral sexual partnerships, treat them as marriages or the equivalent, or refrain from proclaiming the truth, as we know it, about morality and immorality and marriage and the family. We will fully and ungrudgingly render to Caesar what is Caesar’s. But under no circumstances will we render to Caesar what is God’s.

Today's New York Times reporting on the Declaration says that the document, written by Prison Fellowship founder Charles Colson, "is an effort to rejuvenate the political alliance of conservative Catholics and evangelicals that dominated the religious debate during the [Bush] administration.... They want to signal to the Obama administration and to Congress that they are still a formidable force that will not compromise on abortion, stem-cell research or gay marriage." [Thanks to Ira "Chip" Lupu for the lead.]

Award By Rabbinical Court Vacated Over Limit on Party's Choice of Attorney

In Kahan v. Rosner, (NY Sup. Ct., Nov. 16, 2009), a New York trial court vacated an arbitration award in a dispute between siblings over property originally owned by their father. The award was issued by a Rabbinical Court which refused to permit one of the parties to be represented by the attorney of his choice. The parties had signed a waiver providing that they would use only Rabbinical counsel acceptable to the Rabbinical court. However the state civil court held that the right to have an attorney at an arbitration proceeding is unwaivable, and the Rabbinical court had given no reason why the objecting party could not be represented by the attorney ("toayn") he had selected. [Thanks to Y.Y. Landa for the lead.]

Ban On Transfer of Funds To Iraq Does Not Infringe Charity's Free Exercise

In United States v. Islamic American Relief Agency, 2009 U.S. Dist. LEXIS 107541 (WD MO, Nov. 18, 2009), a Missouri federal district court rejected defendants' argument that their indictment for illegally transferring funds to Iraq violates the Religious Freedom Restoration Act. Defendants were charged under the International Emergency Economic Powers Act and the Iraqi Sanctions Regulations. Defendants contend that, along with IARA's donors, they "shared the common purpose of fulfilling the obligations of all Muslim's of zakat" --the duty to give charity to the destitute. The court concluded that even if the restrictions imposed a substantial burden on defendants' free exercise, the government had a compelling interest in imposing the restrictions and use the least restrictive means of accomplishing them.

Individual Congregations Seek To Intervene In Fort Worth Episcopal Diocese Case

Virtue Online reported yesterday that 47 parishes and missions of the Episcopal Diocese of Fort Worth (TX) have filed an Original Plea in Intervention (full text) in the lawsuit between The Episcopal Church and the break-away Diocese of Fort Worth. The intervenors seek a declaratory judgment that "in accordance with the Constitution and Canons of the Episcopal Diocese of Fort Worth, the title to the real property being occupied and subject to the control of Intervening Congregations is held by the Corporation of the Episcopal Diocese of Fort Worth in trust for the use and benefit of each Intervening Congregation." (See prior related posting.)

Groups Challenge Use of Church for Graduation Ceremonies

The ACLU and Americans United are threatening to file a lawsuit to stop Enfield, Connecticut high schools from holding their graduation ceremonies in Bloomfield, Connecticut's First Cathedral. (Press release.) The letter (full text) says in part:

We ... understand that when the Board first approved using the Cathedral for graduations, it was told that the religious items in the Cathedral would be covered for graduations. In fact, this never occurred; indeed, ... religious symbolism is inherent in virtually every aspect of the Cathedral, and so secularizing the facility for school events would not appear to be possible....

[T]hat the Enfield Schools may have secular reasons for using the Cathedral (such as the price or the physical amenities of the facility) does not render such use constitutional. The Establishment Clause not only prohibits conduct that has a religious purpose, but also conduct that has a religious effect, such as religious coercion, endorsement, or delegation.... Second, the placement of a disclaimer on school graduation programs cannot cure the constitutional violations. A disclaimer does nothing to prevent or remedy coercive imposition of religion upon students and family members at a graduation ceremony, as we have here.

The ACLU filed a similar objection in 2006 when the use of the Cathedral began. (See prior posting.)

Defendant Sentenced For Cyber Attack On Scientology Websites

According to a press release yesterday from the Church of Scientology, a New Jersey federal district court has sentenced Dmitriy Guzner for his part in a cyber attack on Scientology websites last January. Nineteen year old Guzner who, in May, plead guilty to one count of computer hacking, was given a sentence of 366 days in prison, 2 years probation and ordered to pay restitution of $37,500. Guzner carried out the distributed denial of service attack along with other members of the anti-Scientology group, Anonymous.

University Settles With Woman Fired For Being A Witch

In Lincoln, Nebraska, a woman, identified only as Jane Doe, has settled an employment discrimination lawsuit she filed against the University of Nebraska. The woman alleges that she was removed as director of a youth program when the University discovered that she was a witch. (See prior posting.) Yesterday's Lincoln (NE) Journal-Star reports that the Nebraska Equal Opportunity Commission had found reasonable cause to believe that religious discrimination had occurred. Plaintiff settled for $40,000, of which $10,000 will go for attorneys' fees.

Appeal Filed Seeking Acceptance of D.C. Marriage Initiative Petition

Having lost in their attempt to obtain a referendum (see prior posting), opponents of Washington, D.C.'s new law recognizing same-sex marriages performed elsewhere filed an initiative petition in September. The Marriage Initiative would provide that only a marriage between a man and a woman would be recognized in D.C. In an order issued on Tuesday, In Re: Marriage Initiative of 2009, (DC Bd. Elec. & Ethics, Nov. 17, 2009), the D.C. Board of Elections and Ethics ruled that because the initiative would violate the D.C. Human Rights Act, under D.C.'s Initiative, Referendum and Recall Procedures Act it was required to reject the initiative petition.

Yesterday, several proponents of the initiative filed suit seeking court review of the Election Board's ruling. The complaint (full text) in Jackson v. District of Columbia Board of Elections and Ethics, (DC Super. Ct., filed 11/18/2009), challenges the restriction in D.C. law that precludes using the initiative for any measure that would authorize discrimination in violation of the Human Rights Act. It also argues that the Initiative does not violate the HRA. Alliance Defense Fund issued a release announcing that the appeal had been filed.

Groups Will Portray Nativity Scene On Supreme Court Sidewalk

Two groups, Faith and Action and the Christian Defense Coalition , plan this morning to temporarily display a live Nativity Scene on the public sidewalk in front of the U.S. Supreme Court. Christian Newswire reports that the display is part of Operation Nativity and the Nativity Project which promote manager scenes on both public and private property.

Malaysia Authorities Charge Progressive Muslim Cleric

In Malaysia, Islamic authorities have charged a popular progressive Muslim preacher with conducting a religious lecture in the state of Selangor without authorization from the state's Islamic department. AP reported yesterday that Asri Zainul Abidin plead not guilty in a Sharia court. He charges selective prosecution. Abidin has criticized the country's Islamic authorities' increasingly hard line bans on behavior seen as immoral, and has said that Malaysia's senior clerics should not be followed blindly.

Deputy Proposes Change In Russia's National Anthem to Remove Reference To God

Interfax reported yesterday that a member of the Russian State Duma representing the Communist Party has introduced a bill to change one line in the Russian Federation's national anthem. Deputy Boris Kashin wants to change "You, Our one Native land, protected by God!" to "You, Our one Native land, protected by us!" An explanatory note to the proposal says that since a substantial part of the Russian population does not believe in God, the current anthem does not correspond to their beliefs.

Israel's High Court Denies Rehearing In Grant of Kosher Certification To Messianic

Arutz Sheva reported yesterday that Israel Supreme Court Chief Justice Dorit Beinisch has denied a rehearing in a case in which the court held that the Rabbinate in the city of Ashdod may not impose enhanced supervision requirements in granting a kashrut certificate (kosher certification) to a bakery owned by a Messianic Jew. The Chief Rabbinate Council were concerned that the owner, because of her beliefs, could not be trusted to keep her bakery kosher. (See prior posting.) Beinisch ruled that the question of whether the owner was trustworthy needed to be determined by civil law standards, not religious law. The director of Yad L'Achim, an Israeli group that opposes missionary activities, said he would seek a change in legislation. He continued: "Otherwise, missionaries, armed with official kashrut certifications, will be able to entice religious people into their waiting arms."

Think-Tank Charges U.S. Conservatives With Using African Clergy In LGBT Battles

Political Research Associates, a Massachusetts-based progressive think tank, yesterday released a 42-page report titled Globalizing the Culture Wars: U.S. Conservatives, African Churches and Homophobia. The report focuses primarily on developments in Uganda, Kenya and Nigeria. Here are a few excerpts from the Executive Summary:

U.S. conservatives have successfully recruited a significant number of prominent African religious leaders to a campaign seeking to restrict the human rights of lesbian, gay, bisexual and transgender (LGBT) people. The flagship issue ... is the ordination of LGBT clergy by mainline Protestant denominations-- particularly the Episcopal, Presbyterian, and Methodist churches-- in the United States....

As a direct result of this campaign, homophobia is on the rise in Africa-- from increased incidents of violence to antigay legislation that carries the death penalty....

[O]ne of the main organizations promoting homophobia in both Africa and the United States over the last decade is the Institute on Religion and Democracy (IRD), a well-funded neoconservative think tank that opposed the African liberation struggles. In Africa, IRD and other U.S. conservatives present mainline denominations' commitments to human rights as imperialistic attempts to manipulate Africans into accepting homosexuality-- which they characterize as a purely western phenomenon. For IRD, this campaign is part of a long-term, deliberate, and successful strategy to weaken and split U.S. mainline denominations, block their powerful progressive social witness promoting social and economic justice, and promote political and social conservatism in the United States. Using African leaders as a wedge in the U.S. conflicts is only its latest and perhaps most effective tactic.

Additional background is also available from PRA's website. Ekklesia carries an article on PRA's new report.

EEOC Says TSA Failed To Accommodate Rastafarian's Dreadlocks

In a decision last week, the Equal Employment Opportunity Commission ruled that the Transportation Security Administration violated Title VII of the 1964 Civil Rights Act when it failed to accommodate the need of a Rastafarian baggage screener at Boston's Logan Airport to wear long hair. TSA reprimanded the employee and threatened to exclude him from promotions or dismiss him for violating TSA grooming standards. In Brissot v. Napolitano, (EEOC, Nov. 12, 2009), an Administrative Judge in an interim decision concluded that the TSA failed to make a good faith effort to find ways to permit the employee to continue to wear his long dreadlocks as required by his religious beliefs. An ACLU press release says that a hearing on the amount of damages to be awarded in the case will be held in February 2010.

Cloture Voted On Hamilton's Nomination For 7th Circuit

Yesterday, the U.S. Senate voted 70-29 to invoke cloture and thus end debate on the nomination of Indiana federal district judge David Hamilton to the U.S. 7th Circuit Court of Appeals. (See prior related posting.) As reported by the Christian Science Monitor, opponents raised a number of issues, including Hamilton's short stint after college with ACORN and a decision he wrote invalidating Indiana's informed consent abortion law that would have required two trips to a clinic to obtain an abortion. However, the greatest focus by opponents were Hamilton's two related 2005 decisions holding that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violated the Establishment Clause. (See prior postings 1, 2.)

The most strident criticisms accused Hamilton of "prohibiting prayers that mention Jesus Christ in the Indiana House of Representatives, but allowing prayers that mention Allah." (Red State blog.) That charge grew out of language in Hamilton's second opinion explaining the scope of the injunction. It specifically banned sectarian prayer, including Christian prayer that uses the name of "Christ." Hamilton emphasized that the only sectarian prayers that seem to have been offered in the Indiana House were Christian ones. Non-sectarian prayer, addressing God more generically, is permitted. Hamilton wrote:

The Arabic word "Allah" is used for “God” in Arabic translations of Jewish and Christian scriptures. If those offering prayers in the Indiana House of Representatives choose to use the Arabic Allah, the Spanish Dios, the German Gott, the French Dieu, the Swedish Gud, the Greek Theos, the Hebrew Elohim, the Italian Dio, or any other language's terms in addressing the God who is the focus of the non-sectarian prayers contemplated in Marsh v. Chambers, the court sees little risk that the choice of language would advance a particular religion or disparage others. If and when the prayer practices in the Indiana House of Representatives ever seem to be advancing Islam, an appropriate party can bring the problem to the attention of this or another court.

The Senate is scheduled to take its final vote on Hamilton's nomination today.

UPDATE: On Thursday the Senate gave final approval to Hamilton's nomination by a vote of 59-39.

Appellate Court Will Consider Procedural Dispute In Ft. Worth Episcopal Diocese Case

As previously reported, the dispute between two groups, both claiming to be the Episcopal Diocese of Fort Worth, Texas, led to a lawsuit in the Texas courts. One of the groups is a break away group that affiliated with the more conservative Anglican Province of the Southern Cone. The other, seeking an order that it still owns the Diocese property, represents members still loyal to the The Episcopal Church (TEC). The initial issue was framed as a challenge to the right of TEC lawyers to claim to represent the Diocese of Fort Worth. (See prior posting.) After the trial judge refused to grant a motion by the break away group to disqualify the TEC attorneys, the break away group filed a petition for a writ of mandamus with the state Court of Appeals-- essentially an appeal of the trial judge's refusal to grant their motion (full text of petition and brief.) In In re Franklin Salazar, (TX Ct. App., Nov. 16, 2009), the Court of Appeals ordered trial court proceeding stayed while the appellate court considers the mandamus petition. A press release by the break away Fort Worth diocese discusses the court's latest move. [Thanks to Virtue Online for the lead.]

Student Sues School After Refusal To Permit Participation In Pro-Life Day

A Bridgeton, New Jersey high school student has sued the school board and high school officials alleging that they censored religious, pro-life speech at school on Pro-Life Day of Silent Solidarity. Yesterday the AP reported on the lawsuit in which the student alleged that school officials refused her request to participate in the nationally-sponsored day. She wanted to hand out leaflets, remain silent except when called on in class, and wear a red armband with the word "LIFE" written on it. The complaint (full text) in C.H. v. Bridgeton Board of Education, (D NJ, filed 11/13/2009), alleges that school officials told the high schooler that her request was denied because nothing religious is permitted at public schools. It claims that the school's policies and practices violate various provisions of the 1st and 14th Amendments. After the suit was filed, school superintendent Vic Gilson said that the student's request was denied because the armband would violate the school's strict dress code and because a school policy required prior approval of any literature distributed by students or staff.

Former Editor Sues Washington Times For Religious Discrimination

On Tuesday, Richard Miniter, former editorial page editor of the Washington Times filed a complaint with the EEOC charging the Times with religious discrimination against him, as well as discrimination on the basis of disability and age. According to yesterday's Washington Post, Miniter claims that he was essentially "coerced" into attending a Unification Church religious ceremony that ended with a mass wedding conducted by Rev. Sun Myung Moon. Miniter, an Episcopalian, says he was made to feel that there was no choice but to attend if he wanted to keep his job. The Washington Times is owned by the Unification Church, but is editorially independent of it. The EEOC filing follows a major shake-up of executive personnel at the Times.

British Tribunal Grants Asylum To Afghan Convert To Christianity

In NM v. Secretary of State for the Home Department [Word.doc], (Asylum & Immigration Tribunal, Nov. 13, 2009), a British immigration tribunal, in an appeal from a decision by the Home Department, granted asylum to an Afghan national who had come to Britain aboard a hijacked airliner in 2000 and subsequently converted from Islam to Christianity in Britain. The Tribunal concluded that if the appellant returned to Afghanistan and his conversion became known, he would likely face arrest and ultimately punishment before a Sharia court. The Tribunal pointed out that Christianity can only be practiced secretly in Afghanistan, and it is unlikely appellant would be able to make contact with other Christians there without placing himself in great risk. This led to the conclusion that "appellant’s return to Afghanistan would expose him to a real risk of persecution and would subject him to a real risk of inhuman or degrading treatment in violation of his rights under Article 3 of the ECHR." Today's London Daily Mail reports on the decision that it calls a "landmark case."

Supreme Court Orders Yesterday In Two Cases of Interest

Yesterday, the U.S. Supreme Court denied certiorari in McComb v. Crehan, (Docket No. 08-1566, Nov. 16, 2009) (Order List.) In the case, the 9th Circuit upheld the action of Clark County, Nevada school officials in cutting off the microphone at high school graduation ceremonies when the class valedictorian departed from her approved speech and began reading from a version that contained religious and Biblical references. (See prior posting.) Courthouse News Service reports on the Court's action. [Thanks to Scott Mange for the lead.]

Also yesterday in Holy See v. Doe, (Docket No. 09-1, Nov. 16, 2009) (Order List), the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States on whether certiorari should be granted. In the case, the 9th Circuit held that the Vatican is not shielded by the Foreign Sovereign Immunities Act from a respondeat superior claim against it by a victim of a priest's sexual abuse. (See prior posting.) SCOTUS Blog discusses the Court's action.

Azerbaijan Official Reports On Status of Required Re-Registration of Religious Groups

On May 31, 2009, Azerbaijan's new religion law and related amendments took effect. The law requires re-registration of all religious groups by Jan. 1, 2010. (See prior posting.) APA today published an interview with Gunduz Ismayilov, head of the Azerbaijan State Committee on Work With Religious Structures, the agency that administers the registration requirements. He said that the Committee has received registration documents from 200 religious communities so far, and expects to receive registrations from 500 before the end of the year. Azerbaijan is 96% Muslim, so most of the filings are from Islamic groups. However among the first groups reregistered were also the Baku and Caspian Eparchy of Russian Orthodox Church and Baku Mountain Jewish community. Ismayilov emphasized that the Committee will go to court to dissolve religious groups that do not re-register.

Christian Groups Continue Objections To Hate Crimes Law

Even though the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act has been signed by the President (see prior posting), some conservative Christian groups continue a campaign to challenge it. Yesterday, according to a press release from Vision America, "a coalition of concerned Christians" held a press conference outside the Justice Department featuring speakers who denounced "gay activists" and who pointed to actions in Britain under its Equality Act regulations. Leaders of the press conference presented a letter from Liberty Counsel (full text) to the Attorney General arguing that the new legislation exceeds Congress' commerce clause powers and "is already acting as a prior restraint on the speech of many concerned, law abiding, citizens." The letter requests that the Justice Department adopt special procedures for review and advance approval before initiating a prosecution against an individual or member of the clergy for speaking in a manner that incites a hate crime.

Suit Challenges Religious Activities In Tennessee County's Schools

Yesterday in federal court in Nashville, Tennessee, two former students and two families of current students filed a lawsuit challenging a pattern of religious activities in the Cheatham County (TN) school system. The suit, filed by the ACLU of Tennessee (press release), objects to incidents involving the distribution of Gideon Bibles in classrooms, teacher-endorsed prayer at football games, school-sponsored prayer delivered by students at graduation ceremonies, the teaching of intelligent design, and the display of a cross in a high school classroom. The complaint (full text) in Doe v. Cheatham County Board of Education, (MD TN, filed 11/16/2009) alleges that school officials proselytize students in class and during extracurricular activities. The lawsuit contends that all of these activities violate the Establishment Clause as well as Art. I, Sec. 3 of the Tennessee Constitution, and asks for an injunction against continued religious activity in the schools. It also asks for an injunction barring retaliation against plaintiffs for bringing the lawsuit, and seeks nominal damages and attorneys' fees. Yesterday's Tennessean reported on the lawsuit.

44 Members of Congress Join Amicus Brief Supporting Engravings At Capitol Visitor Center

As previously reported, in July the Freedom from Religion Foundation sued in a Wisconsin federal court challenging Congress' directive to the Architect of the Capitol to engrave the motto "In God We Trust" and the Pledge of Allegiance in the Capitol Visitor Center. Last week, the American Center for Law and Justice announced that it had joined with 44 members of the U.S. House of Representatives (including Randy Forbes, chairman of the Congressional Prayer Caucus) in filing an amicus brief in the case. The brief (full text) argues that the pledge and national motto "accurately reflect the historical fact that this nation was founded upon a belief in God." Contending that neither the pledge nor the motto violates the Establishment Clause, the brief argues that "the First Amendment does not compel the redaction of all references to God just to suit atheistic preferences."

Group Challenges Indianapolis Schools' Internet Filtering Policy

The Freedom From Religion Foundation last week (press release) wrote to the Indianapolis (IN) school system (full text of letter) complaining that the Indianapolis Public Schools Internet Filtering Policy violates the First Amendment as well as regulations under the federal Children's Internet Protection Act. Among the nearly 30 categories of website that are blocked on school computers are "Alternative Spirituality/ Belief Sites." These are described as:

Sites that promote and provide information on religions such as Wicca, Witchcraft or Satanism. Occult practices, atheistic views, vodoo rituals or any form of mysticism are represented here. Includes sites that ... [instruct in the use of] spells, incantations, curses and magic powers.

FFRF contends that this policy amounts to viewpoint discrimination and a violation of the Establishment Clause because it allows access to sites offering information about Christianity and other mainstream religions, but not about atheism. [Thanks to Scott Mange for the lead.]

Obama Champions Human Rights At Town Hall Meeting In China

Over night (US time), President Obama in China held a "town hall" meeting with university students in Shanghai. (White House background posting.) The Los Angeles Times has the full text of his remarks and his exchange with students. Along with a focus on increased U.S.-Chinese cooperation, human rights concerns were prominent among the wide range of topics included in the President's opening comments. After speaking of America's own civil rights struggles, he said:

We do not seek to impose any system of government on any other nation, but we also don't believe that the principles that we stand for are unique to our nation. These freedoms of expression and worship -- of access to information and political participation -- we believe are universal rights.

They should be available to all people, including ethnic and religious minorities -- whether they are in the United States, China, or any nation. Indeed, it is that respect for universal rights that guides America's openness to other countries; our respect for different cultures; our commitment to international law; and our faith in the future.

He also mentioned religion in responding to a student's question about Afghanistan and terrorism. The President said in part:

We also have to think about what motivates young people to become terrorists, why would they become suicide bombers. And although there are obviously a lot of different reasons, including I think the perversion of religion, in thinking that somehow these kinds of violent acts are appropriate, part of what's happened in places like Pakistan and Afghanistan is these young people have no education, they have no opportunities, and so they see no way for them to move forward in life, and that leads them into thinking that this is their only option.

FOIA Appeal Filed To Get Information On Bureau of Prisons Chapel Library Project

The ACLU announced last week that it has filed a Freedom of Information Act Appeal (full text) seeking all records held by the Bureau of Prisons on their attempt in 2007 to remove various books from prison chapel libraries. (See prior posting.) The Standardized Chapel Library Project was ended by legislation later in 2007. (See prior posting.) The FOIA appeal was filed on behalf of a California graduate student who is writing a thesis on censorship of religious materials in federal prisons. His initial request resulted in only a four documents being furnished to him. The appeal asks for a broader search for relevant documents.

Rubashkin Encounters Religious Observance Problems In Jails After Trial

Last Thursday, Shalom Rubashkin, former vice-president of the Postville, Iowa Agriprocessors, Inc., a kosher meat packing plant, was convicted by a federal jury on 86 counts of financial fraud. (See prior related posting.) The trial was held in Sioux Falls, South Dakota after Rubashkin's lawyers requested a change in venue. (New York Times.) Immediately after his conviction, federal marshals took Rubashkin to the South Dakota State Penitentiary where he was held overnight. He was then transported to the Woodbury County Jail in Sioux City, Iowa. He will be transported to a jail in the Cedar Rapids, Iowa area for his bail hearing on Wednesday. (Des Moines Register 9/14.)

Chabad.info has a rather graphic account of the problems encountered by Rubashkin in maintaining his Orthodox Jewish religious observances during these moves. On the first night, South Dakota prison officials removed Rubashkin's tzitzis (fringed garment) despite Rubashkin's objections, and moved him in a wheel chair since he insisted he would not walk without wearing his tzitzis. Friday morning Federal marshals decided he could wear the tzitzis. Rubashkin's family had purchased kosher food meeting his strict standards. However, Sioux City jail officials refused to allow it in because it was not packaged correctly. Rubashkin went without food from Thursday night until Saturday evening when he got grape juice, rolls and soup mix that he ate cold. Rubashkin's family ask supporters to pray and recite psalms for him.

Recent Articles and Book of Interest

From SSRN:

• Bret Boyce, Equality and the Free Exercise of Religion, (Cleveland State Law Review, Vol. 57, p. 493, 2008).
• Gila Stopler, Rights in Immigration: The Veil as a Test Case, (October 14, 2009).
• Marci A. Hamilton, Book Review: An Imperfect Vocabulary of Religious Liberty, Review of Martha C. Nussbaum, ed., Liberty of Conscience: In Defense of America's Tradition of Religious Equality, (August 2, 2009).
• David B. Kopel & Clayton E. Cramer, The Keystone of the Second Amendment: Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich, (Widener Law Journal, Vol. 19, 2010).
• Michael J. Perry, Liberal Democracy and the Right to Religious Freedom, (The Review of Politics, Vol. 71, pp. 1-15, 2009).
• Richard T. Stith, Excluding Religion Excludes More than Religion, (Matters of Life and Death: Religion and Law at the Crossroad, Boston College Law School, 2008).

From SmartCILP and elsewhere:

• Christopher Hutton, Meaning, Time and the Law: Ex Post and Ex Ante Perspectives, 22 International Journal for the Semiotics of Law 279-292 (2009).
• Massimo Leone, Massimo, The Semiotic Therapy of Religious Law, 22 International Journal for the Semiotics of Law 293-306 (2009).
• The Journal of Church & State, Vol. 51, No. 1 (2009) has recently appeared.

Recent Book:

• Gary Hull (ed.), Muhammad: The "Banned" Images, (Voltaire Press, Oct. 2009), reviewed by Volokh Conspiracy.