Good News Clubs Challenge Schools' Discriminatory Fees

Last week (May 12) Liberty Counsel announced that it had filed a law suit against a California school district on behalf of Child Evangelism Fellowship (CEF). CEF sponsors the Good News Clubs, after-school elementary school religious groups. The Chico Unified School District insisted that the Good News Clubs pay a fee to cover the direct costs of using school facilities after school hours, while not charging that fee to non-religious groups such as the scouts and the 4-H clubs. A report yesterday from Agape Press quotes CEF's attorney as saying that the school's discriminatory fee policy is unconstitutional. He describes as "absolutely ludicrous" the school board's position that it is required to charge a fee to religious groups in order to avoid promoting religion.

Turkey's Ban on Muslim Headscarfs Before Human Rights Court

ADN Krononos International today that the European Court of Human Rights Great Chamber has begun hearing arguments today in an appeal challenging Turkey's law that prohibits Muslim women from wearing headscarfs in Turkish universities. The student challenging the law was dismissed from Istanbul University's Faculty of Medicine for refusing to remove her headscarf. The University claims that the ban is designed to prevent religious fundamentalists from pressuring other students. The lower court had upheld the law as consistent with Turkey's secular constitution. The student's lawyers will argue that the law violates Article 9 of the European Convention on Human Rights that protects religious freedom. Turkey, however, will point to the provisions in Article 9 that permit states to limit freedom of religion and expression to protect the "public order" and the "rights and freedoms of others".

Government Funds Faith-Based Juvenile Correction Programs

Fox News reported yesterday on the country's first group of federally-funded faith-based halfway houses and mentoring programs for juvenile offenders. The idea is being tested at six detention facilities across Florida. The offenders study the Bible and join in organized prayer as part of their correctional program. While the curriculum is Christian, offenders are linked with volunteer mentors of all faiths who work with the juveniles for a year after they are released. Critics of the program argue that it has crossed the line into prohibited government financing of religious teaching.

WI Considers Protection of Pharmacists Who Refuse To Fill Birth Control RX's

The Wisconsin legislature held hearings yesterday on a proposed law to protect pharmacists who refuse on religious grounds to fill prescriptions for birth control pills or emergency contraception. The Twin Cities Pioneer Press reporting today on the hearings says that last month the Wisconsin pharmacy board reprimanded a pharmacist who refused to transfer a college student's birth control prescription. (See related prior post on Illinois). Four other states already have protections like those being considered in Wisconsin. Opponents say the bill would deny women access to contraceptives prescribed by their doctors.

11th Circuit: Prison May Refuse To Allow Shoes to Be Removed In Chapel

The US Eleventh Circuit Court of Appeals on May 13 upheld the dismissal of a Florida prisoner's Free Exercise of religion claim. In Williams v. Sec'y. for Dept. Corr. the court found that "the prison's policy of prohibiting Williams from removing his shoes before entering the prison chapel was reasonably related to the legitimate penological objective of maintaining safety and security."

Is Indian Government Planning To Expropriate Hindu Temples?

A puzzling report showed up today on the website of the Press Trust of India. The story says that the United Progressive Alliance government of India has proposed to a committee of Parliament that the government acquire all Hindu temples in the country. Supposedly the government is also planning to tax the earnings of temples and charitable institutions. The head of Vishwa Hindu Parishad , a Hindu social service and educational organization, claims that "this is a conspiracy to destroy Hindu institutions". In a number of Indian states, temples are already under government control. The head of VHP said that in those states, priests were being underpaid and governments were misappropriating temple money.

ACLU Challenges Federally Funded Abstinence Program

Yesterday the ACLU announced that it has filed suit in federal district court in Massachusetts against the US Department of Health and Human Services challenging federal funding of an abstinence program known as the Silver Ring Thing. Funded with over $1 million in federal grant money during the past three years, the program describes itself as "offering a personal relationship with Jesus Christ as the best way to live a sexually pure life." The director of the Massachusetts ACLU claimed that the funding here amounted to federal underwriting of "religious indoctrination" in violation of the Establishment Clause. In its full complaint, the ACLU says that the three-hour multi-media presentation featured by the Silver Ring Thing is "permeated with religion", and that its 12-step follow-up program is also "highly religious". Further information on the lawsuit can be found in a report in today's Medical News Today.

Religious Hatred Bill Proposed Again In Britain

In Great Britain today, the Queen's Speech to Parliament (full text) which sets out the Labour Government's legislative program included the Incitement to Religious Hatred Bill. The proposed legislation would prohibit stirring up hatred against individuals because of their religion. According to a report in this morning's Scotsman, this is the third time the government has attempted to obtain this type of legislation. Previous attempts have foundered on free speech concerns. The bill is seen as particularly protecting Britain's Muslim population. Jews and Sikhs are already protected under special racial hatred laws.

7th Circuit Seeks Clarification on Prison's Exclusion of Religious Faction

The US Seventh Circuit Court of Appeals yesterday sent back to the district court for further proceedings a claim by prisoners that their religious rights were being violated when Indiana prison officials excluded a faction of the Moorish Science Temple of America from entering the prison to conduct services. The prison's superintendent had excluded the group "until such time as your problems have been resolved to my satisfaction and that of [persons in the parent organization]".

In Easley-El v. Ridley-Turner the 7th Circuit said: "Plaintiffs and their chosen spiritual guides are entitled to know what they must demonstrate before the prison will permit services to be held, and the district court then must determine whether the prison's conditions are valid." The record was unclear as to whether prison officials were taking sides in a theological dispute within the religious organization, or were concerned with legitimate issues about the conduct of the religious organization or the number of inmates interested in it.

The Moorish Science Temple of America teaches that all Blacks are descendants of the Moors and advocates that African-Americans return to Islam.

School Board Challengers Want Intelligent Design in Humanities, Not Biology

The New York Times reports on a primary election for school board today in Dover, Pennsylvania which focuses on the teaching of "intelligent design" as an alternative to the theory of evolution. Last fall the Dover school board approved a policy calling for reading to biology students a disclaimer stating that the theory of evolution "is not a fact" and urging students "to keep an open mind". The statement also calls students' attention to the book, Of Pandas and People. Students may leave class when the required disclaimer is read.

A slate of 7 candidates is opposing the current school board that adopted this policy. The primary winners are likely to run unopposed in the fall. The challengers are not proposing that intelligent design be removed from the schools. Instead they are calling for it to be taught in humanities class as a religious concept, instead of in biology. This might in fact lead to intelligent design being given more attention than currently. However, the current board insists that intelligent design be taught in the same course that teaches evolution.

Al Qaeda: Sunni Doctrine Precludes Participation in Iraq Constitution-Drafting

According to a Reuters story carried in today's Khaleej Times, Iraq's Al-Qaeda issued a statement yesterday calling on Sunnni Muslims to reject US proposals for them to participate in drafting Iraq's new constitution. The statement said: "Would anyone draft the constitution other than those who do not believe in God’s book.... Our Sunni faith stipulates that the sword and bullets be the only dialogue between us and worshippers of the cross."

Partnership Between Public and Jesuit Colleges Raises Questions

The Las Vegas Business Press reported yesterday on an unusual arrangement between colleges that raises First Amendment questions. Community College of Southern Nevada, part of the state university system, entered a lengthy memorandum of understanding with Denver-based Regis University, a Jesuit college. Under the new arrangements, students can earn a 2-year associate's degree at CCSN and then complete their bachelor's degree through Regis which will teach in both CCSN and Regis classrooms. Students will be required to take at least 6 hours of religious studies to obtain their Regis degree. Some of these classes will be offered in CCSN classrooms.

Critics of the program suggest that this is in reality a sharing of facilities between a public and a religiously-sponsored university which poses establishment clause problems if below-market rent for use of CCSN classrooms effectively subsidizes Regis' program. Regis says it has 46 similar public-private partnerships throughout the country.

Israeli Cabinet Transfers Authority Over Complaints Against Rabbis

The complex relationships between religion and government in Israel have taken another labyrinthine turn. Israel's 1971 Jewish Religious Services Law gave administrative jurisdiction over municipal rabbis to the Religious Affairs Minister. In 2004, the Religious Affairs Ministry was dismantled and its duties were split between the Prime Minister's office, the Interior Ministry and the Ministry of Tourism. The Prime Minister's Office got the jurisdiction to submit complaints against municipal rabbis to administrative tribunals. Now the government is concerned about statements by some rabbis directed against the Prime Minister because of his Gaza withdrawal plan. To eliminate any potential conflict of interest in complaints filed against such rabbis, the Israeli Cabinet announced yesterday (see Par. 4) that it was transferring to the Justice Minister the authority to submit these complaints to administrative tribunals. This decision will be submitted to the Knesset for approval.

In another action yesterday (see Par. 3), the Israeli Cabinet transfer the issue of conversions that are not Jewish conversions from the Prime Minister's Office to the Justice Minister.

Promise Keepers Use of Razorback Stadium Opposed

Controversy is brewing at the University of Arkansas campus in Fayetteville over a planned rally at the University's Razorback Stadium by the Promise Keepers. The Northwest Arkansas Times reports today that the planned June 10-11 event is being opposed by a coalition made up of NOW, the Washington County Green Party and the OMNI Center for Peace, Justice and Ecology. A spokesman said: "They’re calling on all people to be disciples of Jesus. If they were in their church, we wouldn’t have any problem with that. But they are on a public athletic field, and we think that this is inappropriate for the University of Arkansas."

The Promise Keepers' views of women, as well as its Christian message, are the focus of those who oppose the use of University facilities by the group. They object that the rally will send the wrong message from a university dedicated to diversity.

New Church-State Research on SSRN

New scholarship recently posted on SSRN includes:

Michigan State Professor Frank S. Ravitch's new article, Religious Objects as Legal Subjects, which will appear in Vol. 40 of Wake Forest Law Review.

University of St. Thomas Professor Gregory C. Sisk's new article, How Traditional and Minority Religions Fare in the Courts: Empirical Evidence From Religious Liberty Cases , which will appear in a forthcoming issue of the University of Colorado Law Review.

Analysis: The Lambeth Case on "In God We Trust"

As I noted in yesterday's posting, the Fourth Circuit in the Lambeth case has rejected an Establishment Clause challenge to the inscription “In God We Trust” on the a building housing county courts and offices in Lexington, NC. The court’s approach was fairly standard: it applied the 3-prong test of Lemon v. Kurtzman. However, the case demonstrates how little it now takes to satisfy the first prong of that test, that there be a “secular purpose” behind the statute.

The Court emphasized that the secular purpose need not be the predominant purpose. All that is needed is “a” legitimate secular purpose. It said: “the demonstration of such a legitimate secular purpose is "a fairly low hurdle."…. Indeed, we will deem the first prong of the Lemon test to be contravened "only if [the action] is ‘entirely motivated by a purpose to advance religion.’" …. A legitimate secular purpose is thus sufficient to pass muster… unless the alleged secular purpose is in fact pretextual….”

As press reports from the AP note this morning, in 2002 the cost of the inscription was paid for by donations from individuals and churches. The 4th Circuit’s opinion itself noted: “The Complaint alleges that Board members, and members of the public as well, "emphasized" at the Board meeting the religious nature of the phrase "In God We Trust"…. [O]ne Board member observed that voting against the installation of the display would be perceived by the public as a vote against God. [T]he Complaint also alleges that "the fact that these words are also the national motto was mentioned but not emphasized at the meeting at which defendant authorized the display."”

The 4th Circuit may have correctly summarized the current state of the law, but if that is so, is there anything left to the “secular purpose” requirement of Lemon?

Chicago Prof Warns of US Trend In Religious Thought

Today's New York Times Book Review section carries an essay titled Church Meets State by University of Chicago Professor Mark Lilla . In it, he discusses the understanding of religious psychology held by the Founding Fathers of the United States . He says: "The British and Americans made two wagers. The first was that religious sects, if they were guaranteed liberty, would grow attached to liberal democracy and obey its norms. The second was that entering the public square would liberalize them doctrinally, that they would become less credulous and dogmatic, more sober and rational. " He goes on to argue that today, religion in the United States, and especially Protestantism, is moving in the opposite direction.

He concludes: "The fascination with the ''end times,'' the belief in personal (and self-serving) miracles, the ignorance of basic science and history, the demonization of popular culture, the censoring of textbooks, the separatist instincts of the home-schooling movement -- all these developments are far more worrying in the long term than the loss of a few Congressional seats. No one can know how long this dumbing-down of American religion will persist. But so long as it does, citizens should probably be more vigilant about policing the public square, not less so."

Arguments Scheduled in Florida State Constitution School Choice Challenge

Now that the US Supreme court has settled the question of the constitutionality of school vouchers under the federal Constitution, the battle has moved to state courts. The Tallahassee Democrat carries an op-ed piece this morning discussing a case to be heard June 9 by the Florida Supreme Court. With Opportunity Scholarships, parents of children in failing public schools can transfer their children to private schools, including religious ones. The case uses the Florida state Constitution to challenge Florida's Opportunity Scholarship program.

Like many other states, Florida's Constitution contains a so-called "Blaine Amendment" providing that "No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution." The op-ed points out that other Florida programs will also be impacted by any decision, including a new pre-kindergarten program that will offer religious as well as non-religious options.

4th Circuit Upholds "In God We Trust" On County Building

Two and a half years ago, the Commissioners of Davidson County, North Carolina decided to inscribe “In God We Trust” on the façade of the Government Center in Lexington, NC. Yesterday, in Lambeth v. Board of Comm’rs. of Davidson County, the US Fourth Circuit Court of Appeals rejected an Establishment Clause challenge to that decision. It held that the Commissioners’ action passed muster under the Lemon test.

In the Court’s view, the County Commissioners had at least some secular purpose. “In God We Trust” is the US national motto (36 USC Sec. 302). Even though there were also religious motivations, the secular ones were not just a pretext. Secondly, the 4th Circuit decided that given the long-standing patriotic uses of the motto, a reasonable observer would not view this as an endorsement of religion. Finally, the court found that this did not excessively entangle government with religion. It indicated that the concern about political divisiveness along religious lines under this strand of Lemon is limited to cases involving financial subsidies to parochial schools.

Mother Sues Nashville Schools Claiming Religious Recruitment

The Nashville Tennessean reports today on a lawsuit brought by several plaintiffs, including a parent of a Nashville, Tennessee high school student. The suit against the Nashville Metro school system claims that the 3000-member Bethel World Outreach Center, with the consent of school administrators, is using the schools to actively solicit teenagers into BWOC's youth ministry. The suit alleges that a teacher recruited the plaintiff's daughter to the church. Later a church staff member told the teen that her faith was strong enough that she no longer needed to take her anti-depressive medication. This led to a suicide attempt by the teenager. A church spokesman expressed concern but defended the youth program.