Sunday: Intl. Conscientious Objector Day

This Sunday, May 15, is International Conscientious Objectors Day. According to the War Reisisters' International website, this year's focus is on the plight of conscientious objectors in Greece. A report on the situation in Greece prepared by WRI for the United Nations Human Rights Committee is available online.

Mauritanian Police Raid Mosques Seeking Terrorists

According to a report today from Reuters, police in Nouakchott, the capital of the west African country of Mauritania, have searched at least ten mosques. They seized religious texts, prayer recordings made by imams, and in one case have arrested the resident muezzin. Since last month, police have arrested a number of Islamic activists and opposition leaders, charging that they are cooperating with an Algerian-based group allied with Al Qaeda. Mauritania is officially an Islamic republic, but it bans any political party based solely on religion.

Pressure on Pakistan To Repeal Blasphemy Law

Ecumenical News International reported yesterday that Catholic and human rights groups were renewing their campaign to get Pakistan to repeal its blasphemy law. A recent study of blasphemy cases reported over the last 17 years shows that 90 out of 642 were brought against Pakistan's small Christian community. Many blasphemy convictions have been overturned on appeal, but 20 defendants (including 6 Christians) have been murdered during their trials.

Ga. Proposes Parental Consent for Extra-Curricular Activities

The Georgia Board of Education yesterday proposed for public comment a rule that would require schools to furnish parents a list each year of all extra-curricular student clubs with their faculty advisors, purposes, activities, dues and national affiliations. A second, and more controversial, portion of the proposed rule would require schools to get parental permission for a student to join an after-school club. While this may impact after-school religious organizations, according to a report in the Southern Voice Blog today it has primarily been criticized as preventing closeted gay students from joining gay rights or gay support groups at their schools. The full text of the proposal is available online.

Constitutionality of Charitable Choice-- Part 2

Findlaw today has posted Part 2 (see prior post for Part 1) of an article by Vikram Amar and Alan Brownstein on the constitutionality of the "Charitable Choice" bill (H.R. 27) pending in Congress. Today they focus on the provision in the bill that would permit religious organizations to discriminate on the basis of creed in hiring employees to carry out government-funded social services. They conclude that this is impermissible under the Supreme Court's 1987 decision in Corporation of Presiding Bishop v. Amos. They argue that Amos permitted religious organizations to hire on the basis of religious belief only in order to protect their religious missions; but government funding under H.R. 27 may not fund the religious mission of an organization.

Profile of a First Amendment Defender

Yesterday's Tampa Weekly Planet carried an extensive profile of Brent Walker, Executive Director of the Baptist Joint Committee on Public Affairs. Walker, a political moderate, is a strong supporter of church-state separation. Says Walker, "The best thing government can do for religious liberty is to simply leave it alone. If any of us are going to be free, then all of us have to be free. This is not a pick-and-choose proposition."

Inter-Religious Tension Continues In Sri Lanka

The debate between Christian groups on the one hand and Buddhist and Hindu groups on the other over religious freedom and proselytization continues in Sri Lanka. According to a May 13 report in Christian Today, one of two bills that would limit Christian conversionary efforts was presented last week for a second reading in Parliament and then referred to a Standing Committee, even though part of the bill has been held unconstitutional by the Sri Lanka Supreme Court. The bill would prohibit conversions obtained by force or fraud and would require those who convert to notify local authorities.

Also it is reported today by ADNKronos International that a Special Rapporteur for the United Nations Human Rights Commission has said that Sri Lanka is not punishing acts of anti-religious violence, such as the burning of churches. She worries that this could lead to religious intolerance. She has also heard charges that faith-based organizations bringing aid to last year's Tsunami victims have attempted to play on their vulnerabilities.

Sweden's High Court to Review Pastor's Conviction for Anti-Gay Sermon

Last year, Pentacostal pastor Ake Green was sentenced by a Swedish court to 30 days in jail for preaching a sermon calling homosexuals "a deep cancer tumor on all of society". The court held that the sermon violated Sweden's 2003 hate crimes law. In Febrary 2005, an appeals court reversed the conviction. According to an AP report in today's Washington Post, Sweden's Supreme Court has announced it will now accept the prosecutor's request that it review the case.

Egypt's PM Excludes Possibility of Religious Political Party

Earlier this week, the Egyptian parliament approved constitutional changes that will permit some additional candidates to run for president in future elections. However, according to a report today from Middle East Online, Egypt's prime minister has excluded the possibility that the opposition Muslim Brotherhood could form a party and run a candidate. He said: "They are not a party and they will never be a party because our constitution says that a party cannot be based on religion."

Novel Anti-SLAPP Motion In Episcopal Church Dispute

The Long Beach, California Press Telegram reports today on a novel maneuver in a law suit between the Episcopal Diocese of Los Angeles and three local churches. In August, the three churches broke away from the Episcopal Church USA in protest over the ordination of an openly gay bishop and the blessing of same-sex unions. They placed themselves under the jurisdiction of an Anglican Bishiop in Uganda. In response, the Los Angeles diocese sued to get the property, hymnals and financial records of the three churches. It also asked for punitive damages.

Now comes the novel twist. The three churches have filed an anti-SLAPP motion under California Code of Civil Procedure Sec. 425.16. SLAPPs (Strategic Lawsuits Against Public Participation) were historically suits by businesses or government officials to silence critics. They were brought against individuals who spoke out on public issues, claiming that in speaking out, the individual became liable for defamation, conspiracy or interference with economic advantage. To prevent these, California and other states have provided that "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike..."

A hearing on the anti-SLAPP motion is scheduled for June 9.

US Commn. On Intl. Religious Freedom Issues 2005 Report

Yesterday the U.S. Commission on International Religious Freedom announced its 2005 recommendations on countries whose governments violate or tolerate serious interference with religious freedom. Those nations named as "countries of particular concern"-- the most egregious violators-- are ten who remain from last year: Burma, North Korea, Eritrea, Iran, Pakistan, People's Republic of China, Saudi Arabia, Sudan, Turkmenistan, and Vietnam. Added to the list this year was Uzbekistan because of its restrictive law on religion and its control over the way in which Islam can be practiced. India was removed from the list this year. A number of other countries were placed on a "watch list". These are Belarus, Cuba, Egypt, Indonesia, Nigeria and Bangladesh. A third level of concern-- countries being monitored-- was expressed as to Laos and Georgia (both moved from last year's watch list), and as to Afghanistan, India, Iraq and Russia.

The full text of the Commission's Annual Report, containing policy recommendations, is available online. The International Religious Freedom Act requires the report to be issued each year.

Update on Air Force Academy Religious Discrimination Probe

In a prior posting, I reported on the religious tolerance class being required for all Air Force Academy personnel after complaints by non-Chiristian cadets. Today the New York Times reports that the film being used for the class, titled "Respecting the Spiritual Values of All People", was originally 90 minutees in length, but was cut to 50 minutes. The article claims that chief of chaplains, Maj. Gen. Charles C. Baldwin, objected to some of the original footage. The Times reports: "General Baldwin said he asked that the Air Force cut out segments in the program on non-Christian religions like Buddhism, Judaism and Native American spirituality, as well as a clip from "Schindler's List," the 1993 movie on the Holocaust. The R.S.V.P. program was cut from 90 minutes to 50. Captain Morton [a Lutheran Academy chaplain] said that instead of educating about other religions, it had been reworked to emphasize a more neutral message: that cadets should respect one another's differences."

Another officer, however, told the Times reporter that the Academy is developing a second phase of the program that will educate cadets about "world religions".

Now It's Tajikistan....

Now Tajikistan joins many of the other former Soviet republics in closing churches. Today, Forum 18 reports that a Korean-led Protestant church in the town of Khujand has been closed down temporarily, partly under pressure from local Muslims. The church had previoulsy been accused of violating Tajikistan's law on religious organizations by teaching religious fanaticism. Tajik law calls for registration of religious organizations, but registration is not compulsory. The chairman of the country's religious affairs committee also complained about the vast amount of uncontrolled Muslim and non-Muslim religous books entering Tajikistan.

Belarus Holding Off Further Action Against Unregistered Religious Groups

Forum 18 reports today that Belarus has held off on taking action against the New Life Church and the Minsk Society for Krishna Consciousness (MSKC) after previously issuing warnings to them that they would be liquidated. Their re-registration has been denied because they do not have government approval to use the buildings in which they are meeting to worship. MSKC is not holding worship services out of fear of the large fines that would be imposed if they did. Baptist groups have also been denied re-registration when they refused to accept limits on the geographical region in which they could operate. This situation echos similar issues in other former Soviet Republics described in prior postings on Kazakhstan, Turkmenistan , and Azerbaijan

No Delay Permitted For Removal of Anti-Evolution Stickers

Last week (May 5), according to an AP Report, the 11th Circuit US Court of Appeals denied a request by the Cobb County, Georgia school board to permit it to delay complying with an order to remove evolution disclaimer stickers from school books. The school board requested the delay while an appeal was pending. The offending stickers, which the district court had ordered removed, read: "This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully, and critically considered."

Court Battle to Change Name to "Jesus Christ" Continues

The South African Mail and Guardian today reports on a legal battle over a name change in Washington, DC. Fifteen years ago, Peter Robert Phillips, Jr. changed his name on his passport, drivers' license and social security card to "Jesus Christ". In 2003, West Virginia refused to place this name on a deed to property without a formal name change. So Christ nee Phillips petitioned the District of Columbia Superior Court for a legal change of name. The trial court denied his request on the ground that use of this name is blasphemy and will cause a violent reaction. On April 7, 2005, the DC Court of Appeals reversed on the ground that the petitioner failed to publish notice of his proposed name change in a newspaper of general circulation as required by D.C. Code Sec. 16-2503, and that no transcript of the hearing in the trial court was filed with the appeal. The court remanded the case so it can proceed in accordance with applicable rules. Phillips attorney, who reports that a new hearing is expected within the next two months, says that his client is a devout Christian who is expressing respect and love for his religion through the name change.

New Law Review Articles

Here are some of the most recent First Amendment Religion Clause articles published in law reviews, courtesy of SmartCILP:

Dokupil, Susanna, Thou Shalt Not Bear False Witness: "Sham" Secular Purposes in Ten Commandments Displays, 28 Harv. J.L. & Pub. Pol'y 609-650 (2005).

Garry, Patrick M., The Institutional Side of Religious Liberty: A New Model of the Establishment Clause, 2004 Utah L. Rev. 1155-1189.

Gedicks, Frederick Mark and Roger Hendrix, Religious Experience In the Age of Digital Reproduction, 79 St. John's L. Rev. 127-160 (2005).

Goldstein, Jared A., Is There A "Religious Question" Doctrine? Judicial Authority To Examine Religious Practices and Beliefs, 54 Cath. U. L. Rev. 497-551 (2005).

Malaysia Releases Arrested Christians; Demands Bible Labeling

Christian Today reports that Malaysia has released two American Protestants who had been arrested on April 25 for proselytizing (see prior posting). Sentenced to 14 days in jail, they were released after 10 days. All charges against them were withdrawn. Islam is the official religion in Malaysia and it is illegal to attempt to convert Muslims. The Prime Minister recently announced that Bibles published in the Malay language must display a prominent warning, "Not For Muslims".

11th Circuit Denies Native American Prisoner's Religion Claims

In Brunskill v. Boyd , decided yesterday, the US 11th Circuit Court of Appeals rejected free exercise, establishment clause, equal protection and RLUIPA claims by a Native American who practices the Tobacco Indian religion. The inmate had charged that prison rules requiring him to cut his hair were unconstitutional, as were those denying him access to tobacco, sage, cedar, sweetgrass, beads, leather, thread, needles, and feathers used for religious purposes.

2 Publications By Political Scientists On Religion and Public Policy

A new book edited by two political scientists presents case studies of faith-based programs funded by the federal government. The book is David K. Ryden & Jeffrey Polet, Sanctioning Religion?: Politics, Law, and Faith-Based Public Services , from Lynne Reinner Publishers. It is described as investigating "the potential—as well as the perils—of mixing religion and politics in the United States." The book's Introduction is available online.

Another group of political scientists have published a paper analyzing the role that religion plays in voting patterns of members of Congress. In the May 10 issue of Roll Call (subscription required), an article describes their paper, The Confessional Congress: Religion and Legislative Behavior. The paper analyzes religious faith and voting behavior of House members in the 105th Congress (1997-98). It concludes "even when party membership, district religious characteristics, and important political variables are controlled, religious affiliation and theological perspective still have a direct impact on members' voting." [Thanks to Steven H. Sholk for this information].