Federal Judge Moves To Enforce Removal Of Mt. Soledad Cross

In San Diego, California yesterday, a federal judge moved to enforce a permanent injunction that he first issued in 1991, requiring the city of San Diego to remove the cross that sits atop Mt. Soledad. For over a decade the city has sought ways to avoid the ruling, most recently by trying to transfer the property on which the cross sits to the federal government. That attempt was struck down by a state trial court as unconstitutional under California's constitution, but the decision is on appeal. But now, according to yesterday's San Diego Tribune, U.S. district judge Gordon Thompson is threatening to fine the city of San Diego $5000 per day if it does not remove the cross. Of course, Thompson's order to comply may be appealed. Here are prior postings tracing the long history of this dispute: 1, 2, 3, 4, 5.

UPDATE: At a rally on Saturday, San Diego Mayor Jerry Sanders urged City council to authorize an appeal of Judge Thompson's ruling to the U.S. 9th Circuit Court of Appeals. City Attorney Michael Aguirre, however, thinks that the city has a weak case. (San Diego Union-Tribune, May 7.)

UAE Police Investigating Illegal Pro-Christian Pamphlets

In Dubai on Wednesday morning, according to Gulf News, residents were angered by the comic-book style pamphlets they found on at least 20 car windshields. The booklet told the story of a Mulsim man who denounces his faith and converts to Christianity. In the story, a Christian man describes Muslims as "moon worshippers" and claims that Islam is a false religion. A Muslim in the story says that the "Islamic flag" will fly over the White House by 2010, at which time Muslims will kill all "infidels".

Dubai police will investigate since preaching faiths other than Islam is a criminal offence in the UAE. It is punishable by a prison sentence of up to ten years followed by deportation. Distributing pamphlets without a license is also illegal.

ACLU Director Criticizes Suit Seeking Parental Notice On Class Content

Today's Lexington (Massachusetts) Minuteman carries an op-ed piece by Carol Rose, executive director of the Massachusetts ACLU, critical of a suit filed last week against Lexington school officials by parents who claim that their religious freedom is infringed when, without prior notice, their children's classes discuss gay or lesbian issues, and when school textbooks depict gays and lesbians. Rose says that free exercise "has never meant that individual parents could demand prior notice of discussions in the public schools that might be at odds with one group's religious views."

Courting The Religious Right In Gubernatorial Primaries-- An Update

Appeals to the Christian right in state gubernatorial races seems to be producing mixed results. Yesterday in Ohio, Secretary of State Kenneth Blackwell, a favorite of Ohio's "Patriot Pastors", won the Republican primary, defeating Attorney General Jim Petro, who had also made appeals to religion in his campaign ads. On the Democratic side, voters nominated Ted Strickland to run for governor. Currently a member of Congress, Strickland is an ordained Methodist minister. Today's Columbus Dispatch reported on the primary results.

Meanwhile, in Alabama, former state chief justice Roy Moore who is running in the Republican gubernatorial primary on June 6, is trailing his primary opponent, Gov. Bob Riley, by a 2-1 margin according to today's Washington Post. Moore achieved the status of a hero among the Christian right after his defense of a 10 Commandments monument he placed in the rotunda of the state judicial building in 2001. Riley, however, has not ignored the religious issue. He holds weekly Bible study classes with his staff.

China-Vatican Reconciliation Derailed By Appointment of Bishops

Both the New York Times and BBC News report that what less than two weeks ago looked like improved relations between China and the Vatican now seems to have been derailed as China's Catholic Church installed two bishops in the last three days without Vatican approval. The Chinese Catholic Patriotic Association, the alternative church hierarchy in China, picked the two prelates, but it is likely that the moves had top-level government approval.

UPDATE: On Thursday, Pope Benedict XVI strongly condemned China's conduct. (Reuters report.)

Commission On International Religious Freedom Releases Report

Today, the United States Commission on International Religious Freedom announced this year's recommendations from it to the Secretary of State on countries that should be designated "countries of particular concern" under the 1998 International Religious Freedom Act. Eleven countries found to be the most egregious violators of principles of religious liberty were named: Burma, North Korea, Eritrea, Iran, Pakistan, China, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan and Vietnam. Put on a "watch list" this year were Afghanistan, Bangladesh, Belarus, Cuba, Egypt, Indonesia, and Nigeria. Also, USCIRF is closely monitoring developments in India, Russia, Sri Lanka and Iraq. Today the Commission also released its 2006 Annual Report on policy recommendations to promote international religious freedom. The recommendations of USCIRF were highlighted in a reports published in today's South Africa Mail & Guardian, and by Voice of America.

University of Wisconsin To Permit Disputed Funding Of Catholic Group

The Associated Press reported yesterday that University of Wisconsin-Madison Chancellor John Wiley says that despite his reservations on church-state grounds, he will recommend to the Board of Regents that the University's Roman Catholic Foundation get $145,000 in funding that will be used to run an evangelical ministry, hold prayer groups and print Lenten booklets and weekly bulletins. (See prior posting.) Students leaders approved the funding from student fees earlier this year. The Catholic Foundation, represented by the Alliance Defense Fund, had threatened to sue, saying that denial of funding would amount to unconstitutional viewpoint discrimination in the distribution of student fees. On the other hand, the Freedom From Religion Foundation now says it will likely file suit challenging approval of the funding as a violation of the separation of church and state. Chancellor Wiley said that in the future he will not support similar funding without more information on how it will be used.

European Court Vindicates Convicted Turkish Author

The European Court of Human Rights announced today that it has issued an opinion holding that the conviction of a Turkish author for defiling religion violates the freedom of expression protections in Article 10 of the European Convention on Human Rights. The judgment awarded damages in the amount of 3000 Euros to Aydın Tatlav who wrote a book titled Islamiyet Gercegi ("The Reality of Islam"). The book takes the position that religion has had the effect of legitimizing social injustices by portraying them as "God's will". First published in 1992, the book's 5th edition was published in 1996. It was at that time that a prosecution was initiated by Turkish authorities upon complaint of a private citizen. The European Court said that Tatlav's conviction, with a risk of imprisonment, might discourage authors and editors from publishing opinions about religion that were not conformist and could impede the protection of pluralism, which was indispensable for the healthy development of a democratic society.

School Board Member Dismissed As Defendant Cannot Continue In Case

In federal district court in Delaware, Judge Joseph Farnan has said that Indian River school board member Reginald Helms may not continue to be represented in court once he has been dismissed as a defendant in a case challenging the constitutionality of explicitly Christian prayers at school functions. Only the school district remains as a defendant, and it is being represented by lawyers for its insurance company. The Wilmington News-Journal today reports on the ruling. Helms, represented by high-profile Wilmington lawyer Thomas Neuberger, had contended that a judgment against the school district would still impact his personal First Amendment rights, but Judge Farnan said that if that were the case, Helms would need to file a separate suit. Meanwhile, the school district's insurers are claiming that they should be able to stop paying for the district's defense because the school board voted down a settlement offer from plaintiffs.

May Designated Jewish American Heritage Month

May has been designated as Jewish American Heritage Month. Today's Jewish Advocate carries a story about the efforts in Congress that led to President Bush issuing a Proclamation on April 21 (full text) establishing May 2006 as a time to "celebrate the rich history of the Jewish people in America and honor the great contributions they have made to our country."

10 Commandments Trial In Oklahoma

The Tulsa World today describes the testimony in an ongoing trial in Muskogee, Oklahoma, challenging a Ten Commandments monument on the Haskell County courthouse lawn. The testimony focused largely on the intent of the county in erecting the monument. Haskell County Commission Chairman Henry Few said that the Commandments are "a part of Haskell County history" similar to other monuments on the courthouse lawn that honor war veterans, the Choctaw tribe and Stigler High School's 1954 graduating class. However, Pastor Mike Bush, who suggested the monument in 2004, testified that "the Lord just burdened my heart" with the need for the monument. After the county commission approved Bush's proposal, members of 17 area churches raised the $2,000 needed to construct it.

ERISA Exemption For Church Plans Endangers Pensions Of Many Employees

Today's New York Times discusses the growing number of religiously-affiliated hospitals, schools, nursing homes, seminaries and charities that are taking advantage of an exemption for "church plans" in ERISA, the federal law that regulates pensions. Many employees are unaware that their employer has taken advantage of the exemption and that their pensions are no longer covered by federal insurance.

9th Circuit Upholds Limits On Public Employee Religious Expression

Yesterday, in Berry v. Department of Social Services, (9th Cir., May 1, 2006), the U.S. 9th Circuit Court of Appeals upheld the Tehama (California) County Department of Social Services' rules that limited religious expression by its employees. Daniel Berry, an evangelical Christian who worked for the Department, believed that he should share his faith and, where appropriate, pray with other Christians. He challenged the Departmental rules, but the court found that the agency had struck an appropriate balance between the employee's free exercise rights and its concern that the agency not be seen as endorsing a particular religion. The court said in part:

While it allowed employees to discuss religion among themselves, it avoided the shoals of the Establishment Clause by forbidding them from discussing religion with its clients. Similarly, the Department allowed employees to display religious items, except where their viewing by the Department's clients might imply endorsement thus evading the reef of the Establishment Clause. The Department did not prohibit its employees from holding prayer meetings in the common break room or outside, but declined to open the Red Bluff Room to employee social or religious meetings as such use might convert the conference room into a public forum. We conclude that these restrictions were reasonable and the Department's reasons for imposing them outweigh any resulting curtailment of Mr. Berry's rights under the First Amendment of the United States Constitution or Title VII of the Civil Rights Act of 1964.

The case was discussed in an Associated Press report yesterday.

Egyptian Government To Institute Centralized Call To Prayer In Cairo

In Egypt, the Ministry of Religious Endowments has put forward a plan to end the loud and disorganized calls to worship by some 4,000 mosques in Cairo and instead have a centralized call to prayer that is broadcast simultaneously to all the city's mosques. Yesterday's Washington Post says that the government plans to install receivers in all mosques, tuned to a single radio station that broadcasts the call to prayer from al-Azhar, one of the city's main Muslim houses of worship. The receivers will be activated at the proper times and shut off when the synchronized chant is over. Twenty-five muezzins have been selected to work in rotation chanting the call to prayer. The Religious Endowments Minister said the project will cost about $100,000, and should be ready to operate in Cairo in about eight months. Eventually the broadcasts will be extended to mosques in all large Egyptian cities.

Toledo Murder Trial Of Priest Continues With Suggestion Of Ritualistic Killing

In the Toledo, Ohio, the Toledo Blade continues to cover the trial of Fr. Gerald Robinson for the 1980 murder of a nun, Sister Margaret Ann Pahl. Today a Chicago Roman Catholic priest testified that circumstances suggest the killing was a ritualistic murder. Rev. Jeffrey Grob, on the witness stand, pointed out that the murder occurred on Holy Saturday, part of the holiest weekend of the church year. The murder took place in a sacristy where the Holy Eucharist--the presence of God-- is kept between Good Friday and Easter; an altar cloth was used to cover the nun's body, thereby transforming her into an "altar of sacrifice"; and stab wounds over the victim's heart were made in the shape of an inverted cross, a symbol of Satanic worship. Such details, he said, individually may not indicate a ritualistic murder, but in sum represent "a reversal of things sacred that aren't random acts." (See prior postings on the trial 1, 2 .)

In 1980, Father Robinson told the police that another man had admitted to the murder during confession; but then Robinson changed his story. Normally a priest would be excommunicated for revealing anything that was said in a confession, but this has not happened in Robinson's case. Rev. Grob testified, in response to a question, that a church court in deciding whether to excommunicate might take mitigating circumstances into account, such as Father Robinson being under stress because of the police interrogation.

In Israel, Government Formed With Shas As Part of Coalition

Bloomberg News reports that in Israel yesterday, Prime Minister Ehud Olmert was able to create a coalition government with a majority in in Knesset by bringing the Sephardic Orthodox religious party, Shas, into the coalition. Haaretz and the Jerusalem Post today report on detail of the agreement. Shas came in with the understanding that it did not agree to Olmert's plans for evacuation of some of the West Bank settlements. Shas also received a number of other concessions: increased allotments to socioeconomic programs; three cabinet positions (including a minister-without-portfolio in the Prime Minister's Office in charge of religious services); and a provision that essentially rules out any action on permitting civil marriage in Israel. Shas did not get the control it wanted of the Israel Lands Administration. Two other religious parties, the National Union-National Religious Party and United Torah Judaism, criticized Shas's decision to sign the coalition agreement.

Texas Supreme Court To Review Claim Against Pastor-Family Counselor

Yesterday's Fort Worth Star-Telegram reported that the Texas Supreme Court has agreed to review the state court of appeals 2004 decision in Penley v. Westbrook. The court of appeals upheld jurisdiction over several claims by Peggy Penley against Rev. C.L. 'Buddy" Westbrook, pastor of CrossLand Community Bible Church in Fort Worth. Westbrook was also a professional family counselor. Penley sued Westbrook for negligence in his secular role as counselor. After Penly decided to file for divorce against her husband, Westbrook and other church elders published a letter to church members telling them that there was no biblical basis for Penley's divorce, and that she had engaged in a 'biblically inappropriate" relationship with another man. The letter also encouraged the church members "to shun" Penley in order to obtain her repentance and restoration to the church. Westbrook has invoked the First Amendment doctrine that shields churches and clergy from civil suit over ecclesiastical matters.

The First Amendment And Parking Rules

An unusual First Amendment dispute simmering in the nation's capital was covered last week by the Washington Times. Sunday churchgoers regularly ignore the law banning double parking, and D.C. police historically have not been issuing tickets. Now new neighbors are often complaining that their cars are being blocked. In response, the city originally announced that it would begin enforcing the parking rules. However after 1000 clergy and parishioners protested a week ago, the mayor decided to appoint a task force of residents, city officials and church and community leaders to discuss solutions to the problem. Some church members claim that the city is trying to push churches out of the District.

These kinds of parking issues pose intriguing legal questions under exiting First Amendment jurisprudence. The Becket Fund has called attention to the issue in its e-update this week. Its Legal Counsel, Jered Leland, says that enforcement of the double parking law is unconstitutional because it places an unfair burden on religious institutions. Others however claim that the city's non-enforcement policy is illegal because it gives a preference to churches.

If one begins to examine the issue closely, policies in other cities could also be implicated. New York City has an elaborate policy on suspension of alternate side parking regulations. It has identified 34 holidays, many of them religious, on which it suspends the rules that are designed to facilitate traffic flow and street cleaning. Last year, some controversy was generated when New York City Council added the Hindu holiday of Diwali to the list of days on which parking restrictions were eased. If it were not to suspend these rules, it would pose substantial religious burdens on at least some faiths. Observant Jews are precluded from driving cars on many holidays. Enforcing the parking rules would force them to move their autos in violation of Jewish law.

Public Employee Dismissal Upheld For Harassment Including Religious Messages

In Leslie v. Johnson, 2006 U.S. Dist. LEXIS 24064 (SD Ohio, March 14, 2006), an Ohio federal district court rejected a claim by former Ohio Department of Development attorney Mark Leslie that his free exercise rights were infringed when he was dismissed for making unwanted personal advances to fellow employee Karen Banyai and disobeying his supervisors' orders to have no further non-work contact with Banyai. Some of Leslie's unwanted advances to Banyai consisted of sending her religious material and inviting her to participate in various projects sponsored by religious groups. In rejecting Leslie's free exercise claim, the court applied the balancing test that the U.S. Supreme Court developed in Pickering v. Board of Education, for cases involving public employee termination for speaking on matters of public concern.

Religious Groups At Center of Today's "Save Darfur" Rally In D.C.

Today in Washington, D.C. (as well as in other cities around the country), the Save Darfur Coalition is sponsoring a large rally to urge U.S. leaders to take more action to stop the ongoing genocide in Darfur. As reported by yesterday's San Francisco Chronicle, religious leaders from Jewish, Muslim and Christian groups have been at the forefront of the Save Darfur movement. The Baltimore Sun calls this "the broadest coalition of faith-based groups ever assembled for a political cause". American Jewish World Service has take a leading role in the campaign. Its president, Ruth Messinger, along with 5 members of Congress and 5 others, was arrested on Saturday for demonstrating in front of the Sudanese embassy. The Jewish Holocaust experience has made Darfur a particularly resonant issue in the Jewish community.

There are other religious elements in the Darfur situation. The London Sunday Times points out that the violence in Darfur is Muslim-on-Muslim. It also says that "there have been tensions in the Save Darfur campaign over some American Christian groups' zeal for conversions. After complaints, Sudan Sunrise, a group based in Kansas, last week removed references on its website to its 'one-on-one lifestyle evangelism to Darfurian Muslims living in refugee camps in Chad'."

Meanwhile, yesterday President George W. Bush met with organizers of the Washington rally, saying that the United Nations needs to augment African Union troops already in Sudan. In his statement following their talks, Bush said that the U.S. is working through NATO to respond to the situation, and added, "those of you who are going out to march for justice, you represent the best of our country."