Texas School Agrees To Accommodate Muslim Prayer

Last week, the Becket Fund for Religious Liberty announced the agreement it had reached with Richardson, Texas school officials to accommodate religious practices of Muslim high school students. Muslim students in L.V. Berkner High School (outside Dallas) complained that they were no longer being allowed to pray their daily zuhr prayer on campus, or at best were required to forego their lunch in order to do so. Between October and April, the required time for such prayers falls only while the school day is in session. A December 16 letter from the school board's general counsel describes the detailed arrangement for students to "step outside the classroom just after the tardy bell to the hall alcove closest to the classroom to complete the prayer". The full text of the exchange of letter between school officials and the Becket Fund is available online.

Israeli Politicians Argue Over Hanukkah Grants To Yeshiva Students

Today's Haaretz reports on bitter political exchanges between members of Israel's Knesset as Finance Committee Chair Yaakov Litzman (Agudath Israel) Monday obtained an extra Hanukkah grant for yeshiva students. The grants total NIS 44 million. Over the next few days, each unmarried student in the ultra-Orthodox religious schools will receive NIS 330 (US $72), and each married student will get NIS 600 (US $130). MK Ronnie Brizon, of the secularist party, Shinui, was outraged, saying that the government was disbursing funds "like hot potato pancakes on Hanukkah." Brizon called the yeshiva students "people who contribute almost nothing to society, but receive almost everything from it".

No Liquor In Massachusetts On Monday After Christmas

Many residents of Massachusetts will be surprised to find that no liquor may be purchased today, says Saturday's Boston Globe. In 2003, Massachusetts law (Title XX, Chap. 138, Sec. 33) was amended to eliminate many of the restrictions on Sunday liquor sales. However, the legislature retained the prohibition on sales on Christmas day, and on the day after Christmas when Christmas falls on Sunday. The rationale for the Monday ban is not clear, but Massachusetts Historical Society librarian Peter Drummey suggested that it was meant to curb drunkeness on the day Christmas is observed by the state, as well as on the day it is celebrated by religion.

Free Exercise Challenge To Polygamy Ban Avoided

Article 20, Sec. 2 of the Arizona Constitution prohibits polygamy. An accused Colorado City member of the Fundamentalist Church of Jesus Christ of Latter Day Saints was planning to challenge the validity of that provision by asserting his religious freedom rights under the U.S. Constitution. However, the Provo, Utah Daily Herald reported on Saturday that his attempt to do this has been stymied as prosecutors dropped an underage sex charge against Randolph J. Barlow, and proceeded only on charges of sexual assault where the defense would not be relevant.

Recently Published Books On Religion, Law and Politics

Recently published books of interest to Religion Clause readers:

Barbara A. McGraw and Jo Renee Formicola (eds.), Taking Religious Pluralism Seriously: Spiritual Politics on America's Sacred Ground (Baylor Univ. Press). Reviewed in Sunday's New York Times.

Elizabeth Anne Oldmixon, Uncompromising Positions: God, Sex, and the U.S. House of Representatives (Georgetown Univ. Press).

Birgit Meyer and Annelies Moors (eds.), Religion, Media, and the Public Sphere (Indiana Univ. Press).

Henrik Syse, Natural Law, Religion, and Rights (St. Augustine's Press).

Santorum Withdraws From Thomas More Center Advisory Board

The decision last week by Judge John E. Jones in the Kitzmiller case rejecting the teaching of intelligent design in public schools has had its own political fallout, according to an AP story last week. Last Thursday, Republican Pennsylvania Senator Rick Santorum withdrew from the advisory board of the Thomas More Law Center which had backed the school board's experiment in teaching intelligent design and had represented the school board in the litigation. Santorum is in the midst of a hotly contested Senate race. He explained that his previous statements backing intelligent design meant that teachers should have the freedom to mention intelligent design -- not be required to do so. Santorum's leading Democratic challenger in his 2006 reelection bid, state Treasurer Robert P. Casey Jr., accused him of political expediency.

Menorah Compromise In Peabody, Massachusetts

In Peabody, Massachusetts, the church-state issues involved in menorah displays on public property have led to a compromise plan for this year, according to yesterday's Salem News. Last year, Chabad lit a menorah at City Hall on the first night of Hanukkah, and the mayor participated in the ceremony. This year, when a repeat of the ceremony was suggested, the city's Clergy and Ministerial Association-- which includes the city's Jewish congregations-- raised church-state concerns. So Mayor Michael Bonfanti reached a compromise with the groups. He did not attend the City Hall lighting ceremony last night, and a sign was placed on the menorah showing that it belongs to Chabad and not the city. In addition, though, instead of a one-day lighting, the menorah will be out for all eight days of Hanukkah this year.

President's Christmas Message

Here is President George W. Bush's 2005 Christmas Message, issued on Dec. 19:

'Behold, a virgin shall conceive and bear a son, and his name shall be called Emmanuel' which means, God with us. ---Matthew 1:23

More than 2,000 years ago, a virgin gave birth to a Son, and the God of heaven came to Earth. Mankind had received its Savior, and to those who had dwelled in darkness, the light of hope had come. Each Christmas, we celebrate that first coming anew, and we rejoice in the knowledge that the God who came to Earth that night in Bethlehem is with us still and will remain with us forever.

Christmas is a season of hope and joy, a time to give thanks for the blessing of Christ's birth and for the blessings that surround us every day of the year. We have much to be thankful for in this country, and we have a responsibility to help those in need. Jesus calls us to help others, and acts of kindness toward the less fortunate fulfill the spirit of the Christmas season.

On Christmas, we pray for freedom, justice, and peace on Earth. We remember those who have made the ultimate sacrifice for our country and for our freedom, and we ask for God's blessing on their loved ones. We ask God to watch over all of our men and women in uniform. Many are serving in distant lands, helping to advance the cause of freedom and peace. Our entire Nation is grateful to them and prays for their safe return.

Laura and I send our best wishes for a blessed and merry Christmas.

Iraqi Shiites Extend Christmas Greetings To Christian Countrymen

Apparently attempting to calm fears that a theocratic Shiite government is about to be established, the Iraqi government went out of its way to wish Iraqi Christians a Merry Christmas on Saturday. M&C News reports on the attempt to assure Iraqi Christians that they will have a role in the country's political future. Al-Iraqiya television, a station that reflects the government's views, gave air time for Moslem Iraqis to send greetings. A Christmas eve program featured telephone calls from inside and outside Iraq with holiday greetings to the 750,000 Christians in the country. The program also covered an hour-long mass from inside Baghdad's St. Joseph's Chaldean church. President Jalal Talabani, Vice-President Ghazi al-Yawer and Shiite Interior Minister Bayan Jaber Solagh all appeared on the program.

National Menorah To Be Lit Tonight

Tonight at 4:00 p.m., not far from the National Christmas Tree on the Ellipse, the first candle of the National Menorah will be lit. The festival of Hanukkah begins at that time. The AP reports that Homeland Security Secretary Michael Chertoff will be taking part in the ceremony. The National Menorah stands 30 feet tall - the maximum allowed by Jewish law.

Defense Bill Includes Rita-Katrina School Voucher Program

The Defense Appropriations Bill passed by Congress on Thursday included a school voucher program for students displaced by Hurricanes Rita and Katrina. According to the Alliance for School Choice, the bill provides tuition reimbursement up to $6,000 per student ($7,500 for special education students) for public or private schools that provided educational refuge. The funds will run through state and local governments. On Thursday, the Anti-Defamation League issued this statement:

We are very sympathetic to the plight of the students who attend the devastated schools in the Gulf Coast region, but this funding scheme does not provide appropriate firewalls against taxpayer funding of religious instruction and proselytizing – and sets a disturbing precedent for the future.

The provisions approved by Congress do not include necessary prohibitions against using these funds for religious education – or even worship services. Under the bill, parents would be forced to affirmatively act to 'opt-out' their children from these religious worship activities or classes. In addition, this bill would permit federally funded religious discrimination in hiring teachers for these private and religious schools.

Tax Court Rejects Establishment Clause Claim On Deductions

Sklar v. Commissioner, decided by the U.S. Tax Court on Dec. 21, held that no part of tuition paid to an Orthodox Jewish day school was deductible for federal income tax purposes as a charitable contribution. The school offered both secular and religious instruction. Taxpayers had argued that the portion paid for religious instruction was deductible under Section 170 of the Internal Revenue Code and that the IRS's refusal to allow a deduction violated the Establishment Clause because the IRS allows members of the Church of Scientology to deduct as charitable contributions "auditing" and "training" payments. However, the court rejected these arguments, distinguishing cases involving churches organized exclusively religious purposes. The taxpayers had previously litigated similar claims for an earlier year's tax return. [Thanks to Steven H. Sholk for the lead.]

UPDATE: Here is a link to the 9th Circuit decision in the earlier litigation. [Thanks to Expatriate Owl.]

Mosques Secretly Checked For Radiation

A story in U.S. News & World Report on Thursday revealed that the federal government since 9/11 has run a top secret program to monitor radiation levels at over a hundred Muslim sites in Washington, D.C., as well as in 5 other cities. The sites included prominent mosques. Federal officials claim that warrants are not required for this kind of radiation sampling, but some legal scholars disagree. Officials said that the monitoring targets were not chosen on the basis of religious affiliation or ethnicity, but only on the basis of intelligence findings. The equipment used took air samples near suspected targets. In some cases, the tests involved driving a vehicle into a mosque parking lot.

Church Sues San Diego Over Park Fee Schedule

In San Diego, California last Tuesday, Canyon Ridge Baptist Church sued the city of San Diego over the rental fee schedule for the Kearney Mesa Recreation Center, operated by San Diego's Park and Recreation Department. The complaint (full text) alleges that the fee schedule unconstitutionally discriminates against religious groups by charging them the "Private Group" rather than the "Community Group" rate for using the facility. Today's Christian Post reported on the suit. Representing the church, the Alliance Defense Fund said: "Landlords shouldn't treat Christian tenants any differently than other tenants. Cities cannot single out religious organizations for unequal treatment compared to all other similarly situated groups."

Pope Held To Have Diplomatic Immunity

The Associated Press reports that on Thursday, a federal district court in Houston, Texas held, at the urging of the U.S. Justice Department, that Pope Benedict XVI has diplomatic immunity. (See prior posting.) The issue arose in a civil lawsuit accusing the Pope of conspiracy to cover up the sexual abuse of minors by a seminarian. Judge Lee Rosenthal wrote: "After a suggestion of immunity is filed, it is the court's duty to surrender jurisdiction." The ruling found that Benedict was the "head of a foreign state, the Holy See," not merely the head of a religious entity. Previously, plaintiffs' lawyer in the case said that if the court found diplomatic immunity here, he would challenge the constitutionality of U.S. recognition of the Vatican.

Judge Refuses To Prevent Border Stops For Islamic Spirit Attendees

A federal district court judge in Buffalo, New York has rejected the request of several Muslim-Americans for an order that would prohibit border agents from stopping and searching individuals based solely on their attendance at the upcoming Reviving the Islamic Spirit conference in Toronto. (See prior posting.) The Associated Press reported that on Thursday U.S. District Judge William Skretny dismissed the suit that was brought to prevent a repeat of last year's border problems. While characterizing last year's stops as "understandably frustrating," he said that the searches did not violated the attendees' constitutional rights to practice religion and avoid unlawful searches. He wrote: "Plaintiffs were delayed for an extended period of time and subjected to unexplained inspection techniques that were inconvenient and made them feel uncomfortable. The government readily admits that plaintiffs' experience at the border was not ideal . . . As unfortunate as this incident may have been, I find that it was not unconstitutional."

On its website, the New York Civil Liberties Union, along with a release decrying the decision, has an intake form for use by anyone detained after attending this year's conference.

UPDATE: The full opinion in Tabbaa v. Chertoff is now available at 2005 U.S. Dist. LEXIS 38189 (WD NY, Dec. 22, 2005).

Pew Survey On Attitudes To Christmas Greetings and Displays

A survey released on December 15 by the Pew Research Center for the People and the Press reveals a mixed attitude by average Americans to the "Christmas wars". In response to one question, 60% of those surveyed say they prefer the greeting "Merry Christmas" over "Happy Holidays". However when given the option of answering that the form of greeting doesn't matter to them, 45% chose that alternative and 12% said they prefer a less religious greeting than "Merry Christmas".

In response to another question, 83% of respondents favored the display of Christmas symbols on public property, but only 44% supported them if they are displayed alone without symbols of other traditions. Finally, more Americans said they are bothered at least to some extent by the commercialization of Christmas (52%) than were concerned about opposition to religious symbols in public places (35%).

Scientologist Wins German Court Challenge of Hamburg Practices

In Germany, the Church of Scientology has won a court victory against governmental practices that have been criticized by the U.S. State Department's International Religious Freedom Report. Federal and seven state Offices for the Protection of the Constitution in Germany have had the Church of Scientology under observation, claiming that the Church's teachings and practices are opposed to the democratic constitutional order or violate human rights. (Background memo.) Scientology's website reported on Thursday that the Federal Supreme Administrative Court in Leipzig has ruled that the Hamburg state government violated the constitutional right to freedom of religion of a Scientologist when it advised a private employer to have anyone employed by or conducting business with it sign a "filter" to disavow the works of L. Ron Hubbard, founder of Scientology.

Recently Published In Law Journals

The Autumn 2005 issue of the Journal of Church and State has been published. Its table of contents and excerpts are available online.

From SmartCILP: L. Scott Smith, Constitutional Meanings of "Religion" Past and Present: Explorations In Definition and Theory, has recently been published in 14 Temple Political & Civil Rights Law Rev. 89-142 (2004).

Finland Looks At Its Guidelines On Christmas In Schools

Helsingen Sandomat reports that Finland's National Board of Education is rethinking it present Guidelines on religious celebrations in schools. Under Finland's Constitution (Section 11), students must be allowed to opt out of activities that violate their religious beliefs. According to an earlier report by the same paper, the growth of Finland's Muslim population seems to be the impetus for the rethinking. Under present Guidelines, an opt-out is permitted for church services and morning assemblies with a religious theme. However, Kirsi Lindroos, Director General of the Board, says that neither the singing of hymns nor the presentation of the events surrounding the birth of Jesus make an event a religious occasion that pupils would have the right to opt out of. She says that a line is crossed if there are prayers or the reading of the Biblical Christmas Story.

In most schools, there have been negotiations with parents of children of various religious denominations in order to have a celebration that everyone can attend. Some schools hold two different Christmas celebrations - a neutral one in school and one with more religious content in a nearby church. In one school, the Christmas Gospel texts are read at the beginning of the school Christmas party, and non-Christian children do not come to the party until after the reading is over.