FLDS Jeffs Placed On FBI's Most Wanted List

Warren Jeffs, former leader of the FLDS Church, has has joint Usama Bin Laden and others on the FBI's Ten Most Wanted Fugitives list, according to CBS/AP. Jeffs, who was the leader of the polygamous Fundamentalist Church of Jesus Christ of Latter Day Saints based in Utah and Colorado, is wanted on charges of arranging marriages between underage girls and older men, sexual conduct with a minor, and rape as an accomplice. (See prior posting.)

Recent Books and Articles On Church-State Issues

Books:

• Former Secretary of State Madeline Albright has published The Mighty and the Almighty: Reflections on America, God, and World Affairs, (Harper Collins, 2006). This week, Time carries an interview with her about the book.
• David L. Holmes, The Faiths of the Founding Fathers, (Oxford University Press, 2006). The book is reviewed in today's New York Times, along with two others in a review essay titled Keeping the Faith at Arms Length.

Articles from SSRN:

• Ira C. Lupu & Robert W. Tuttle, Federalism and Faith, (forthcoming, Emory Law Journal, Vol. 56, No. 1).
• Larry Alexander & Frederick Schauer, Law's Limited Domain Confronts Morality's Universal Empire, (forthcoming,William and Mary Law Review).
• Matthew L.M. Fletcher, American Indian Religious Freedom Act, and Indian Bill of Rights (forthcoming, Encyclopedia of American Civil Liberties).

From SmartCILP:

• Mark E. Chopko & Michael F. Moses, Freedom To Be a Church: Confronting Challenges To the Right of Church Autonomy, 3 Georgetown Journal of Law & Public Policy 387-452 (2005).
• Jonathan C. Lipson, When Churches Fail: The Diocesan Debtor Dilemmas, 79 Southern Calif. Law Review 363-454 (2006).

In Jamaica, Outlawed Occult Practices Are Popular

Today's Jamaica Observer has a long article on the ritual of obeah whose practice is widespread on the island of Jamaica even though it has been outlawed for 246 years. Obeah includes a wide range of rituals concerned with divination, healing, ancestral veneration, and manipulating and controlling supernatural forces. The Obeah Act subjects to up to a year in prison "any person who, to effect any fraudulent or unlawful purpose, or for gain, or for the purpose of frightening any person, uses, or pretends to use any occult means, or pretends to possess any supernatural power or knowledge." However at least two pharmacies in downtown Kingston carry carved candles and potions used in the myal branch of obeah.

South African Muslim Challenges Dress Code for Prison Employees

In South Africa, a Muslim prison social worker has been dismissed by the country's Correctional Services department for refusing to remove her headscarf and tuck in her shirt for religious reasons, according to IOL on Friday. Muslim women are required by Sharia to cover their hair and the shape of their bodies. The Muslim Judicial Council plans to challenge the dismissal of Fairouz Adams in the Labour Court, after Adams internal appeals were rejected. The Council argues that enforcing the department's dress code in this manner unconstitutionally infringes on Adams' religious freedom protected by Sec. 15 of the South African Constitution.

Profile Of Native American Prison Spiritual Leader

Friday's Sonora, California Union Democrat carries a profile of Charles "Golden Bear" Freer, who is employed as a Native American spiritual leader by Sierra Conservation Center and 3 other northern California prisons. The article traces how Freer, a Comanche, came to his current position after early battles with depression and alcoholism. Freer says that while spirituality can help ease the pain of prison life, the real need is for half-way houses tailored to the needs of Native American prisoners once they are released.

Church Sues Defrocked Priest For Breach Of Agreement

Court TV yesterday reported on the details of a fascinating lawsuit filed last December by the Catholic Diocese of Toledo, Ohio against a defrocked priest, Chet Warren. After the Diocese concluded that child abuse charges lodged against Warren were credible, it expelled him from his religious order and banned him from any form of religious ministry. However, the Diocese allowed Warren to continue to attend Mass. Also the pastor of Blessed Sacrament Church agreed with Warren that he could visit a separate Eucharistic Chapel that is inside the Church, but only at limited times and under restricted conditions. Parishioners, however, discovered that Warren was violating his agreement by visiting the chapel at hours of his own choosing and while wearing clerical garb. The chapel is close to areas of the church frequented by children. So the Diocese has sued Warren for breach of contract and trespass, asking the court to order Warren to abide by his agreement or else to exclude him totally from any part of Blessed Sacrament church’s premises.

The complaint (full text) also asks for nominal monetary damages. Warren has filed an answer (full text) containing general denials and several affirmative defenses.

Bureau of Prisons Sued Over "Life Connections" Program

The Freedom From Religion Foundation announced yesterday that it has filed suit against the Attorney General, the Federal Bureau of Prisons, and the Office of Management and Budget to challenge the Bureau of Prison’s faith-based Life Connections Program. Three federal taxpayers are also plaintiffs in the suit filed in federal district court in Wisconsin. The FFRF Complaint alleges that the challenged program is "designed to effect personal transformation using the participant's faith commitment." It was created by Bureau Chaplain Kendall Hughes as a faith-based model "based on the premise that inmates should pursue, nurture and commit themselves to religious faith." Life Connections is operating in at least 5 institutions, and the Bureau is now soliciting proposals for a pilot "single-faith" residential re-entry program. (See prior posting.) The lawsuit claims that federal funding of Life Connections violates the Establishment Clause. It also challenges the practice of the Office of Management and Budget in “grading” agencies on the extent to which they have increased funding to faith-based agencies.

On Balkinization last month, Marty Lederman posted the arguments that support FFRF’s claim of unconstitutionality. He concluded: "With all of these constitutional infirmities, it is hard to imagine that the Office of Legal Counsel signed off on this BOP program."

China Reacts To Criticism Of Its Policies On Religious Issues

A Chinese Foreign Ministry spokesman on Saturday denounced the recent report of the U.S. Commission on International Religious Freedom that names China as one of eleven “countries of particular concern”. Xinhua reports on the Ministry’s reaction. The Ministry says that China protects its citizens’ religious freedom, and that the USCIRF report encourages the practice of the Falungong "cult".

At the same time, China seems to be attempting to patch up its dispute with the Vatican. Reuters reports that the Vatican’s choice, Father Paul Pei Junmin, will be consecrated as a bishop in Shenyang on Sunday morning. Earlier this week, to the dismay of Pope Benedict XVI, China's Church appointed two bishops who had not been approved by the Vatican.

Church Precluded From Asserting Statute of Limitations In Priest Sex Case

Yesterday in Doe v. Archdiocese of Cincinnati, (Ohio Ct. App., May 5, 2006), an Ohio appellate court applied the doctrine of equitable estoppel to preclude the Archdiocese of Cincinnati from invoking the statute of limitations in a suit growing out of a high schooler’s 1965 sexual relations with her priest and the resulting pregnancy. The plaintiff, identified merely as Jane Doe, alleged that various members of the Archdiocese knew about the situation and the Archdiocese paid for her to spend most of her pregnancy at a home for unwed, pregnant teenagers. A nun, who had been one of Doe’s teachers, then pressured Doe to give up the baby for adoption and remain silent about the identity of the child’s father. Among other things, the nun, Sister Mary Patrick, told Doe that her baby would not be baptized, and so not cleansed of original sin, if she did not consent to an adoption.

The court also rejected the Church’s contention that the case would involve it in deciding the legitimacy of Church doctrine on issues such as baptism and sin, in violation of the First Amendment’s free exercise guaranty. The court found Doe’s complaint sufficiently alleged that the Archdiocese’s actions were in fact motivated by a secular purpose—the Church’s interest in not paying child support.

Reporting on the decision today, the Cincinnati Enquirer said that Doe and her daughter were recently reunited after the daughter began searching for her birth mother.

Pope and EC President Meet

AKI reports that on Friday, Pope Benedict XVI for the first time met with European Commission President José Manuel Barroso. Responding to the Pipe’s concern about freedom of worship, Barroso said: "Freedom of religion is not negotiable, arises from the fundamental rights of people and communities, and is a cornerstone of European law. Mutual respect and understanding are our basic principle, along with democracy, dialogue and debate." They also discussed inter-religious and inter-cultural dialogue, and the fight against poverty.

Class Action Claims Discriminatory Citizenship Delay For Muslim Men

Yesterday’s Chicago Tribune reported that ten Muslim men have filed a class action in federal court in Illinois alleging that the U.S. Attorney General, the Department of Homeland Security and the FBI have illegally delayed their being sworn in as U.S. citizens, even though they have met all the citizenship requirements. The suit alleges that they should have been sworn in within 120 days of qualifying, but instead they and other Muslim males have been waiting for a year or more. The inability to become a citizen prevents an individual from voting and from holding certain government jobs.

Establishment Claims At Hawaii Youth Correctional Facility Not Proven

In R.G. v. Koller, 2006 U.S. Dist. LEXIS 24968 (D Haw., Feb. 7, 2006), a Hawaii federal district court refused to grant a preliminary injunction in a suit by teenagers confined at the Hawaiian Youth Correctional Facility who claimed that HYCF violated the Establishment Clause. Plaintiffs alleged that HYCF endorsed religion by allowing the wards to keep only Bibles and no other personal belongings or books in their cells. They also claimed that certain HYCF staff members promoted religion, often discussing religious teachings and quoting from the Bible, and that HYCF ratified the conduct of these staff members. The Court found that the evidence was not sufficient to support these claims. The court did, however, preliminarily enjoin various other practices at HYCF, finding them to be a violation of the due process clause.

School Prayer Amendment Introduced In House

The Huntington News reports that yesterday in the U.S. House of Representatives, West Virginia Congressman Nick J. Rahall introduced a proposed Constitutional amendment (H.J. Res. 85) that would permit voluntary school prayer. The proposal is identical to the one introduced in the Senate last week by Sen. Robert Byrd. Rahall timed his introduction of the amendment to coincide with the National Day of Prayer.

Student Sues After Ban On Handing Out Religious Literature

Today's Charlotte Observer reports on a federal lawsuit that has been filed in North Carolina by a ninth-grade student who claims that he was disciplined for passing out flyers in his school during non-class time. After the Gay, Lesbian, Straight Education Network at Dunn, North Carolina's Midway High School sponsored April 26 as a Day of Silence, student Benjamin Arthurs came to school wearing a Day of Truth shirt, and handed out cards presenting a Christian viewpoint on homosexual behavior. The principal had told Arthurs that he could not hand out his literature because he would be pushing his religion on other students. When Arthurs ignored the ban, he was given a one-day suspension. The student is represented by the Alliance Defense Fund. The complaint in Arthurs v. Sampson County Board of Education asks the court to declare the school's policy unconstitutional under the 1st and 14th amendments, and to enjoin further application of the policy.

More Litigation on Kentucky Statehouse 10 Commandments

The legal sparring continues in Kentucky's efforts to install a Ten Commandments monument on its Capitol grounds. In March, Governor Ernie Fletcher signed a law authorizing the monument. (See prior posting.) However, in 2000, in Adland v. Russ, a federal district court had issued an injunction prohibiting a 10 Commandments display that the state legislature had authorized by joint resolution. So yesterday the ACLU went back to court claiming that placing the monument on government property, under Kentucky's new legislation, will violate that injunction. The governor's office says it has no intention of moving ahead until it gets the injunction lifted. ACLU attorney David Friedman says, "We hope to persuade the court that the legislature's newly discovered 'historical purpose' for erecting the monument is a thinly disguised sham for its original religious purpose." Developments are reported by the Lexington Herald-Leader and the Louisville Courier-Journal.

6th Circuit Rejects Claim By Prison Chaplain

In Akridge v. Wilkinson, (6th Cir., April 26, 2006), the U.S. 6th Circuit Court of Appeals has rejected a claim by a Baptist minister employed as a chaplain in the Ohio prison system. Ohio Department of Rehabilitation and Correction (ODRC) officials fined Chaplain William Akridge two days' pay after he refused to comply with their directive to allow an openly gay inmate to lead a choir or praise band that was scheduled to participate in Protestant services at the Madison Correctional Institution. Akridge had argued that his refusal to place the inmate a position of leadership in the worship service was speech protected by the First Amendment. However the court found that the state's interest in preventing discrimination, in protecting inmates' free exercise rights and in enforcing discipline among prison employees all justified ODRC's action. Yesterday's Gay City News reported on the decision.

Arizona State CLS Gets Limited Attorneys' Fees Award

Last September, the Christian Legal Society settled the lawsuit it had brought against Arizona State University. The parties agreed that CLS could limit its membership to Christians, but could not discriminate on the basis of sexual orientation. (See prior posting.) Now the Arizona federal district court has ruled in CLS's claim for an award of attorneys' fees, and has permitted only 20% of the fees claimed because of the limited success of counsel in achieving CLS's original goals in the settlement. Christian Legal Soc'y. Chptr. at Arizona State Univ. College of Law v. Crow, 2006 U.S. Dist. LEXIS 25579 (D. Ariz., April 28, 206).

Knoxville School Board Passes Policy On Religious Expression

A pending lawsuit against the Knoxville, Tennessee schools over student rights may now be closer to final dismissal. (See prior postings 1, 2.) The Knox County School Board on Wednesday unanimously passed a policy clearly permitting students to freely engage in religious exercise and expression during discretionary times, such as recess, so long as they do not disrupt the educational process, harass others or prevent school officials from maintaining order. A second vote on the school board's new rules is required for them to become final. The Knoxville News Sentinel yesterday reported on these developments, as well as on a second resolution passed by the board affirming that the school system complies with state and federal laws on religion and religious expression in schools.

Today Is "National Day of Prayer"-- With A Long Prelude

May 4 is this year's National Day of Prayer. President Bush yesterday issued a Presidential Proclamation, as required by 36 USC Sec. 119 , to mark the first Thursday in May as a time "on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals." The President said that the day reaffirms the role of prayer in American culture.

In anticipation of the day, advocacy organizations this week issued competing press releases. American Atheists said that the role of the day is "to distract public attention from real political and social problems facing the American people." Meanwhile, the Alliance Defense Fund announced that it had sent a letter to 1200 cities encouraging local officials to participate in activities recognizing the National Day of Prayer. It also said that there is no obligation to give parallel recognition to atheists or others who do not participate in the Day's observances. ADF offered free legal representation in the event a city is sued over observing the day.

Today's Christian Science Monitor reports on yet another prelude to the Day. Evangelical Christian groups are conducting the 17th Annual U.S. Capitol Bible Reading Marathon on the west lawn of the U.S Capitol. The 90 hour event, ending today, began with the reading of Genesis and will conclude with a unison reading of the last two chapters of the book of Revelation. Two dozen members of Congress and their staffers are among those who have read from the Bible's text. Critics say that the event is an attempt by evangelicals to link government to Christian ideals. Supporters say that the event is merely a reminder of the important role that faith played in America's founding. In a related matter, members of Congress and historians are debating how prominent the Bible should be in the displays on the history of the Congress that will be in the $522 million Capitol Visitors Center that will open in 2007.

UPDATE: Religion News Service today reported on ceremonies at the White House to observe the National Day of Prayer. The 150 invited guests at the ceremony represented Christians, Jews, Muslims and Buddhists.

7th Circuit Denies En Banc Review In Taxpayer Standing Case

Yesterday , in Freedom From Religion Foundation v. Chao, (7th Cir., May 3, 2006), by a vote of of 7-4, the U.S. 7th Circuit Court of Appeals denied en banc review of a 3-judge panel's decision in an Establishment Clause case. At issue was whether taxpayers have standing to challenge purely Executive Branch spending decisions that may promote religion. The panel held that taxpayers had standing to challenge White House spending from a general appropriation to promote President Bush's Faith-Based Initiative, even though Congress had not earmarked the funds for that specific purpose. Judges Flaum and Easterbrook both wrote opinions concurring in the denial of review. Judge Ripple , who was the dissenting member of the panel whose decision was being appealed, wrote a dissent from the denial of review which 3 other judges joined.