Monday, May 23, 2005

Uzbeki Backlash Against Churches

After the massive casualties earlier this month in clashes between Uzbekistan troops and protesters, today Forum 18 reports that religious organizations have fallen under suspicion. In a number of cities, Uzbeki officials have visited Protestant churches to find out who attends and have taken church documents. However, Uzbekistan's President sees his main challenge as coming from Hizb-ut-Tahrir, a group whose goal is unite Muslims of the world into a single Caliphate.

Iraq's Yedizi Seek Constitutional Protection

Middle East Online reports today on efforts of the minority Yedizi community in Iraq to obtain protection through Iraq's new constitution. The Yedizis, who have historically been discriminated against, are a pre-Islamic religion that does not believe in heaven or hell and worships Satan. The Yedizi community, which is Kurdish, is found largely in Mosul and in the Sinjar Mountains near Syria. Three Yedizis were recently elected to Iraq's parliament as part of the Kurdish Alliance.

Religious Song Excluded From School Talent Show

Earlier this month, Frenchtown, New Jersey school officials refused to permit a second grader to sing "Awesome God" at her elementary school's talent show. The superintendent argued that the religious content of the song made it inappropriate. Over the weekend, the AP reported on a lawsuit filed in federal court on behalf of the student by the Alliance Defense Fund. The suit charged that the girl's free speech and due process rights were infringed. The judge refused to issue a temporary restraining order to permit the girl to participate in the show that was held last Friday. However, the court said that the suit could continue. The student's attorney pointed out that one of the acts that would be in the show was based on the opening scene in Macbeth. He complained, "They've got a scene about boiling animals and witchcraft, but they won't allow a song about God."

Sunday, May 22, 2005

Commentary: Thinking About the Upcoming Ten Commandments Decision

First Amendment lawyers await the highlight of the Supreme Court's current term-- the decision on when, if ever, the Ten Commandments can be posted or planted on public property. In 2003, Human Events published a fascinating photo essay showing photos of varying of depictions of the Ten Commandments on federal buildings in Washington, DC. What got me thinking was the fact that in some of these depictions, the tablets have only the Roman numerals I through X on them. Are these subject to the same rules as tablets which carry actual text? An 11th Circuit case, King v. Richmond County, decided in 2003, found that the use of only Roman numerals made it less likely that the depiction of the Ten Commandments on a court clerk's seal had the effect of promoting or endorsing religion. However, this was treated as only one of many relevant factors.

Lawyers also are speculating on just when between now and the end of June the Court will hand down its decision. Any chance it will be on June 13 or 14? That is the Jewish holiday of Shavuot, which commemorates the giving of the Ten Commandments to Moses at Mt. Sinai. Do the Justices really have that exquisite a sense of timing?

By the way, the parties' briefs to the Supreme Court in both Van Orden and the McCreary County cases are available online.

NYT Magazine Features Sen. Rick Santorum

The New York Times Magazine this morning carries a picture of Senator Rick Santorum on its cover and features a long article profiling him. Santorum is a leading proponent of funding faith-based social services. His conservative Catholic beliefs strongly influence the policies he promotes. Michael Sokolove, the author of the article, contrasts Santorum's views with those of President John F. Kennedy who supported clear separation of church and state: "It is fair to say that Santorum believes in a more complementary relationship between church and state-- respective jurisdictions, yes, but with many more bridges and emissaries connecting them."

Saturday, May 21, 2005

Rural La. Attitudes Toward ACLU and School Practices Explored

Attitudes in rural Louisiana about religion and schools are the subject of an article in today's Tuscaloosa News. The 5th Circuit is presently considering an appeal of a judgment obtained by the ACLU against the Tangipahoa Parish school board (see prior related posting). It enjoined the board from opening its meetings with a lengthy prayer that mentions Jesus. The article quotes an influential evangelical preacher who heads a church outside of New Orleans, Rev. Louis Husser, as saying: "The ACLU defends pedophiles. You have to understand where they're coming from."

The article also reports that some fundamentalist parents are upset over a thumbprint machine used in one high school to identify students. They believe it is a forerunner of the Antichrist. Again, Rev. Husser is outspoken: "We know that there are electronic devices that will be used in the End-Time by the Antichrist. Some feel that this is leading into some of the tactics of the Antichrist, which is a cashless system."

CLS Input on Next Supreme Court Nominee

American United's Wall of Separation blog carried an interesting posting yesterday on the White House's preparations for selecting the next US Supreme Court nominee. It discusses input to the White House from the Christian Legal Society whose top candidate for the post is 10th Circuit Court of Appeals Judge Michael W. McConnell. McConnell is known for supporting school vouchers, school prayer and more religious involvement in government. The second and third choices of the Christian Legal Society are Judge Edith Jones (5th Circuit) and Judge Samuel Alito (3rd Circuit).

Religion Classes Being Largely Removed From Algerian High Schools

In Algeria, Islamic conservatives are opposing a decision of the education minister to remove Islamic studies as a requirement in high schools. According to a Reuters report today, the curriculum change is part of an attempt to modernize schools and reduce unemployment. Islamic studies would remain a minor course in some specialties, and would be an elective for students at the university level. The government's move is seen as reducing the influence of Islamists on an increasingly Westernized society in Algeria.

President At Natl. Catholic Prayer Breakfast

President Bush spoke at Friday's second annual National Catholic Prayer Breakfast. Over 1600 people, including 14 members of Congress, attended. The Washington Post reports today that the breakfast is modeled on the Protestant prayer breakfast that has been led by members of Congress for over 50 years. It is part of a growing number of religious events designed to attract participation by public officials. The Post reports that at these event, public officials "have become adept at at finessing the rituals of other faiths -- such as when Bush, a Methodist, shuffled his papers yesterday while others crossed themselves."

In his remarks at the event (full text), the President said: "This morning we first thank God for the shared blessings of American liberty. Catholics have always known that a society built on respect for the religious beliefs of others would be a land where they could achieve and prosper." Praising the recently-elected Pope Benedict XVI, Bush said: "Catholics and non-Catholics alike can take heart in the man who sits on the chair of St. Peter, because he speaks with affection about the American model of liberty rooted in moral conviction."

Friday, May 20, 2005

New Cambridge Press Publications on Church-State

Cambridge University Press has announced the publication of a new book by Cardozo Law School Professor Marci A. Hamilton, titled God vs. the Gavel: Religion and the Rule of Law. The publisher describes the book as a challenge to "the pervasive assumption that all religious conduct deserves constitutional protection." The description continues: "While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s."

On SSRN, Prof. Daniel O. Conkle, Indiana University Law Schoool, has posted Indirect Funding and the Establishment Clause: Rehnquist's Triumphant Vision of Neutrality and Private Choice , which will appear as a chapter in a new Cambridge University Press book, The Rehnquist Legacy.

ACLU Challenges School's Denial of Excused Absence for Religious Activity

The Merriville Indiana Post Tribune reports today on a law suit by the Indiana Civil Liberties Union against Indiana's Tri-Creek school district attacking the school's excused absence policy. The suit was filed on behalf of the parent of a middle-school student. The student, a member of the United Church of God, attended the church's Festival of the Holy Days. His school issued him 5 unexcused absences and informed his parents that one more unexcused absence could result in his losing class credit or being expelled. The suit seeks to require the school board to change its policy to expand the availability of excused absences. Currently only illness, death of a family member and court appearances are eligible. The suit also asks that the student be permitted to make up work missed during his absences.

Vt. Limits On Vanity Plates Challenged

Agape Press reported yesterday on a lawsuit filed by the Alliance Defense Fund challenging the restrictions that Vermont places on the types of "Vanity" license plates it will issue. The suit was filed on behalf of Shawn Byrne who had applied for a license plate reading "John316". The reference is to a verse in the New Testament reading: "For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life." Vermont statutes (Title 7, Sec. 304(d)) require the Department of Motor Vehicles to refuse to issue plates with numbers and letters that refer to race, religion, color, deity, ethnic heritage, gender, sexual orientation, disability status, or political affiliation. The lawsuit claims that it is unconstitutional to categorize such religious references as offensive.

Thursday, May 19, 2005

Russian Religious Discrimination Alleged

Radio Free Europe reports today on a statement by human rights activists meeting in Moscow criticizing Russia's treatment of religious groups other than the Russian Orthodox Church. Pointing to growing signs of intolerance, they allege that law-enforcement officials make it difficult for minority religious groups to find locations for their houses of worship and that visas are increasingly being denied to foreign representatives of religious groups. Synagogues and Baptist churches have been vandalized. Only the Russian Orthodox Church received government funding for church buildings. There is also growing anti-Islamic feelings, stemming largely from the conflict in Chechnya.

Conyers To Introduce Resolution Supporting Respect for Koran

Townhall Newswire reports today that Michigan Congressman John Conyers will introduce a resolution in Congress encouraging that the Koran, like the holy books of other religions, "be treated with dignity and respect". The resolution goes on to condemn bigotry and intolerance against any religious group, including Muslims. This resolution and a new "Explore the Quran" campaign by the Council on Islamic-American Relations come in response to a May 9 Newsweek report (now retracted) alleging that US interrogators at Guantanamo Bay had flushed a copy of the Koran down a toilet to "rattle" Muslim detainees who were being questioned.

Graduation In Church Continues Despite Judge's Doubts About Constitutionality

Florida Today reports that a Florida Federal District Court yesterday denied a temporary restraining order to Brevard County high school parents who object to the location of today's graduation ceremonies. Four schools have scheduled their graduations for Calvary Chapel, arguing that it is the only indoor facility that can seat the expected audience of 3,500. Other articles pointed out that alternative locations available would not have been handicap accessible.

However, Middle District of Florida Judge Gregory Presnell was not happy with the choice of locations. Rather, he said that even though the ceremonies probably violate the constitution, it would be too disruptive to move them on such short notice. During the hearing the schools agreed to two changes in their plans: diplomas will be handed out at the side of the stage so that the church's cross will not be in graduation pictures, and the graduation program will carry a disclaimer explaining that the ceremonies are intended as secular events.

The director of Americans United for Separation of Church and State that filed the suit on behalf of the parents was quoted earlier by the Daily Review as saying: “This kind of symbolic joining of government and religion makes some families feel like they’re second-class citizens in their own communities, and that should never happen.”

"Fresh Air's" Debate on Separation of Church and State

An extensive debate on the separation of church and state was featured yesterday on National Public Radio on Terry Gross' program Fresh Air. The full audio of 20-minute interviews with two authors on opposing sides of the issue are available online. Arguing for greater involvement of religion with government was D. James Kennedy, head of the Statesman Institute which furnishes public officials with resources to integrate biblical principles into lawmaking. On the other side, defending separationism was Frederick Clarkson, author of Eternal Hostility: The Struggle Between Theocracy And Democracy.

Wednesday, May 18, 2005

British Barrister To Criticize Proposed Religious Hatred Bill

The British online newspaper, Telegraph.co.uk, carried an interesting report of the Margaret Howard Memorial Lecture to be delivered today at Oxford by barrister David Pannick, QC. Pannick will strongly criticize the Religious Hatred bill proposed in the Queen's speech earlier this week (see prior post). Pannick will argue that race and religion should be treated differently. Race, he argues, is an immutable characteristic, but religious belief is voluntarily chosen. He will say: "Unlike racial groups, religions usually make claims about how society should be run. Religious beliefs have a significant impact on the way adherents treat each other and strongly influence how society is organised. Critical comments on religious beliefs may serve a valuable function in identifying and remedying abuse of power." He fears that the new bill will chill speech by novelists, playwrights and comedians who often engage in irreverent criticism.

ACLU Sues For Religious Rights On Behalf of Detained Sikh Refugee

The ACLU in San Francisco announced today a suit filed on behalf of Harpal Singh Cheema, a Sikh who fled to the United States seeking asylum from persecution in India. Cheema's asylum claim has been wending its way through administrative and judicial hearings for many years. Immigration authorities placed Cheema in custody pending action on his asylum application. In 2002, he was transferred to the Yuba County Jail. Jail authorities have refused to allow Cheema to leave his bed wearing his turban, even though a central tenet of his religion is keeping his head covered. In the full complaint, the ACLU alleges that this violates Mr. Cheema's federal and state constitutional rights to free exercise of religion as well as the federal Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act.

Church-State Separation Urged Internationally

According to a report today by Ecumenical News International, delegates to this year's conference of Liberal International (an association of liberal political parties from around the world) have expressed concern about the failure of many countries to implement the separation of church and state. The May 14 resolution of the conference described freedom of belief and state neutrality toward religion as the targets of fundamentalist terrorism.

Bush Urged to Raise Issue of Religious Freedom for Egyptian Copts

US Newswire reports today that the U.S. Copts Association has urged President Bush to raise the issue of Egyptian Christian human rights with the prime minister of Egypt when Bush meets him today. In a letter (full text) to President Bush and an ad in the Washington Times signed by Coptic leaders around the world the Association claimed that the Egyptian government endorses kidnapping and forced conversion of young Coptic women, and destruction of Christian villages and houses of worship.