South Carolina Bill Will Permit High School Credit For Released Time Courses

The Associated Press reports that yesterday, the South Carolina House of Representatives passed a bill that would allow high school students to receive two elective course credits for taking off-campus released-time religion classes that currently they may take only on a non-credit basis. S0148 passed the House by a vote of 94-15. The bill must now go back to the Senate which passed the bill last month in slightly different form.

Hindus Protest Secularization Of Nepal

Nepal's Parliament last week passed a resolution providing that Nepal would no longer formally be known as a Hindu nation, despite a provision in the country's 1990 Constitution providing that it is a Hindu kingdom. (See prior posting.) The Associated Press today reports on protest strikes over the change staged by Hindus, closing down the city of Birgunj, 100 miles south of Katmandu. Last month, protests forced King Gyanendra to give up the powers he seized last year and reinstate Parliament.

San Diego Votes To File Appeal In Mt. Soledad Cross Case

In San Diego, California on Tuesday, city council voted 5-3 to direct city attorney Mike Aguirre to appeal the decision by a federal judge ordering removal of the Mt. Soledad Cross. (See prior posting.) The city faces a $5,000 per day fine if it does not meet the trial judge's 90-day deadline for the removal. Yesterday's Christian Post reports on this development, and on the city attorney's suggestion that perhaps the city could take down the cross, sell the land to the highest bidder, and let that person decide what to do with the land. The new owner might reinstall the cross.

Shooting Of Turkish Judges May Not Have Had Islamist Motivation

The killing of one, and the wounding of four other, Council of State judges in Turkey last week was originally reported as a crime motivated by Islamic religious fanaticism. However, yesterday EurasiaNet reported that Alparslan Arslan, who is accused of carrying out the shooting, seems instead to be an anti-democratic ultra-right wing nationalist. EurasiaNet also reports that Muzaffer Tekin, the individual suspected of masterminding the plot, has ties to organized crime in Turkey.

Recent Prisoner Free Exercise/ RLUIPA Cases

In Hernandez v. Schriro, 2006 U.S. Dist. LEXIS 32294 (D. Ariz., May 18, 2006), an Arizona federal district court denied injunctive relief to a Native American prisoner who claimed that prison officials prevented him from engaging in sweat lodge and pipe ceremonies with a Native American spiritual advisor, and denied him the right to have a headband or wear a medicine bag.

In Larry v. Goetz, 2006 U.S. Dist. LEXIS 32164 (WD Wis., May 18, 2006), a Wisconsin federal district court found that jail officials adequately responded to a former inmate's request fro a copy of the Quran, but permitted him to proceed with a First Amendment and RLUIPA claim that no Jumah services were available for him.

In Thomas v. Saafir, 2006 U.S. Dist. LEXIS 32178 (ND Cal., May 11, 2006), a California federal district court permitted a prisoner to proceed with a claim that he was wrongfully barred him from participating in Jumah services.

Pastor Says Jesus Endorsed Florida Gubernatorial Candidate

On Monday, Florida's Christian Family Coalition held a pastor appreciation breakfast in Miami. The 4 Florida gubernatorial candidates were invited to speak. Two showed up, but one of the two clearly got a boost, according to the Associated Press. Rev. O'Neal Dozier, introducing candidate Charlie Crist, said that the Lord Jesus had come to him in a dream two years ago and told him that Crist would be Florida's next governor. Dozier is not without political connections. Present Governor Jeb Bush appointed him to a board that nominates judges in south Florida. [Thanks to AlterNet for the lead.]

Graduation Prayer Continues To Be A Contentious Issue

As this year's high school graduations take place, it is clear that a number of schools are just realizing that scheduling of formal prayers as part of the graduation ceremony creates constitutional problems. After receiving an letter from the ACLU of Kentucky, the Shelby County, Kentucky school board decided to cancel the traditional invocation and benediction that students have given at graduation, as well as the traditional practice of formal prayer at a school banquet and awards ceremony. Today's Louisville Courier-Journal reports that Shelby county residents held a prayer vigil outside the closed school board meeting where the decision was made. The Muslim student in Shelby County who asked for ACLU assistance on the matter says that she understands that student graduation speakers might include prayers in their general remarks at commencement, but says that if they do, she hopes it is a respectful prayer for a religiously diverse audience.

Meanwhile, in Tennessee, according to today's Memphis Commercial Appeal, Dr. Patricia Kilzer, a non-tenured chemistry teacher who was the faculty advisor for a newly-formed student ACLU chapter at Munford High School, was notified that her contract was not being renewed on the same day that the ACLU faxed a letter to the school asking for cancellation of all prayers at Monday's graduation. It is not clear that there is any connection between the two events.

Prayer has apparently been a contentious issue at Munford High School. Kilzer had previously asked the principal not to use the school's broadcasting system to talk about Jesus and religion. When the ACLU sent its letter about prayer, the principal held off approving the speech of the class valedictorian that included references to Jesus until he consulted attorneys for the American Center for Law and Justice. At Munford's graduation ceremonies, in what may now be turning into a standard protest ritual, most of the 286 graduating seniors recited "The Lord's Prayer" when Principal Darry Marshall asked for a moment of silence. School administrators said they knew nothing about the planned recitation.

Pope To Visit Poland Tomorrow

Tomorrow Pope Benedict XVI begins a five day visit to Poland. Benedict, the first German to become Pope since the 11th century, will include in his trip a visit to Auschwitz, the Nazi death camp. Benedict as a boy belonged to Hitler Youth when membership was obligatory. (Bloomberg News.) Government television stations in Poland have banned advertisements for "inappropriate products" during the Pope's visit. There will be no ads for lingerie, beer or tampons, and no ads with sexual innuendos, on state TV during his visit. (The Observer.) Yesterday's Chicago Tribune carried a long background article on the continuing strength of Catholicism and the Catholic Church in Poland.

Status of Consular Marriages To Be Heard By Israeli High Court

As several prior postings have discussed (1, 2, 3), in Israel the question of whether the government will recognize civil marriage, or leave a monopoly in the hands of religious authorities, continues to be an important issue. Today's Jerusalem Post reports on a new piece of the issue-- the question of whether the government will recognize "consular marriages". International agreements to which Israel is a party allow couples to be married by the consul of a foreign country if at least one member of the couple is a citizen of that country. However, in 1995, Israel's Foreign Ministry issued an internal memorandum to foreign embassies instructing them to stop performing such marriages. Petitions were filed in the High Court of Justice challenging the memo, but successive governments have managed to delay a hearing for years. Now, a hearing is scheduled for later this summer on whether the Interior Ministry must recognize consular marriages. Israel's religious parties oppose recognition, even if the marriage does not include Jewish partners, fearing that this will eventually lead to mixed marriages in Israel for Jews.

Texas School Removes "In God We Trust" From Coin On Yearbook

School officials sometimes take unusual steps to avoid First Amendment Establishment Clause problems. So it was in Keller, Texas this year according to today's Fort Worth Star-Telegram. Producers of the Liberty Elementary School 2005-06 yearbook decided to put an enlarged picture of a U.S. nickel on the yearbook's cover. The choice had some logic to it. This was Liberty Elementary's first year, and the new U.S. nickel has the word "Liberty" in its design. But then the school's principal and the PTA board concluded that having the nickel's "In God We Trust" motto prominently displayed "might create an issue with people of several religious faiths". But instead of finding another image for the cover, the school produced the yearbooks with a photo of the nickel that does not include the motto. Then, to further complicate matters, the school included with the yearbooks a sticker that families could use to restore "In God We Trust" to the coin on the book's cover.

Not surprisingly, the school has received some 300 e-mails complaining about the removal of the motto in the first place. Frank Manion, senior lawyer with evangelist Pat Robertson's American Center for Law and Justice, commenting on the school's First Amendment concerns said, "I understand completely that there are areas of this that are nebulous. This isn't one of them." However a Dallas ACLU lawyers said he thought the school had made the correct decision.

San Diego Mayor Presses Feds On Mt. Soledad Cross

San Diego Mayor Jerry Sanders is is Washington this week pushing for the federal government to take over the Mt. Soledad Cross that a court has ordered removed from public property. (See prior posting.) The San Diego Union-Tribune today reported on the mayor's progress. White House officials have indicated that President Bush is "supportive in concept" with the proposal and "appreciates the importance of the monument". However lawyers from the White House counsel's office say there may be significant legal impediments to carrying out the idea.

Maharishi Plans "World Capital of Peace" In Kansas

USA Today reports today on plans by representatives of the Maharishi Mahesh Yogi to build a "World Capital of Peace"on over 1000 acres of land the group owns just outside Smith Center, Kansas. The Maharishi is the founder of the transcendental meditation movement. The Kansas location was chosen because it is near the center of the United States. The $15 million project will include a retreat center, buildings for training and meditating, and a broadcast center. Eric Michner, a spokesman for the group, said that 300 "meditators" will use the retreat facility to "create waves of coherence that will benefit everybody in society." The site's central location will allow those waves to spread across the USA, he says. Also affiliated with the Maharishi is the Natural Law Party which was founded in 1992. Its leader, John Hagelin, has run for president three times. Hagelin also heads the U.S. Peace Government that will be headquartered in the proposed World Capital of Peace.

Student Center OKd For Residential Area By Pennsylvania Court

In Diocese of Altoona-Johnstown v. Zoning Hearing Board, (Comwlth. Ct. Pa., May 19, 2006), a Pennsylvania appellate court held that a proposed Catholic Student Center at Penn State University should be classified for zoning purposes as a structure that will primarily be used as a place of worship, even though in addition to a chapel it will contain a student lounge, study rooms, a library, a kitchen and dining room, and housing for three monks and their guests. Places of worship may be built in areas zoned as residential, while student centers are not included as permissible uses. News coverage of the decision is in today's (central Pennsylvania) Centre Daily.

Wyoming Grant To Religious Group Questioned

The Wyoming Department of Family Services has awarded an $80,000 grant to Faith Initiatives of Wyoming, according to the Associated Press. The AP article questions whether the state funds are being used unconstitutionally for religious purposes. Wyoming Family Services Director Rodger McDaniel says the payments do not violate Wyoming's constitutional ban on support of religious institutions. Faith Initiatives is to use the state funds to help existing organizations provide community services in areas such as "strengthening families" and "at-risk youth." Faith Initiatives has also received $347,000 in federal faith-based funding. Some of the organizations that Faith Initiatives has helped with funding are religious pregnancy crisis centers.

Greek Jewish Community Wants Equal Recognition

The European Jewish Press reported yesterday that the Central Jewish Board of Greece is asking the Greek government to increase governmental support and recognition of the Jewish community. Moises Constantinis, president of the Board, wants the government pay the salaries of local rabbis just as it pays for Christian priests and Muslim Imams. He also wants the jurisdiction of the Greek Orthodox Metropolite reduced. Currently its permission must be obtained for the building of new synagogues. There are 13 synagogues in Greece, but only 3 hold regular services.

Saudi Textbooks Still Assail Non-Muslims

Yesterday's Washington Post carries a story on the textbooks that have been used during the current academic year for Islamic studies in Saudi Arabian schools. Despite repeated Saudi claims that textbooks have been revised, a survey of actual textbooks by Freedom House shows numerous statements in them that promote intolerance toward non-Muslims. A first grade text includes the statement: "Every religion other than Islam is false." An eighth grade text includes: "The apes are Jews, the people of the Sabbath; while the swine are the Christians, the infidels of the communion of Jesus."And an eleventh grade text says: "The greeting 'Peace be upon you' is specifically for believers. It cannot be said to others." The article contains twenty more textbook excerpts. Saudi Arabia distributes its religion texts worldwide to a number of Islamic schools operated by others. [Thanks to Sanford Levinson via Religionlaw for the lead.]

Report On Status Of Iran's Jewish Community

Today's Belfast Telegraph carries a feature on the status of the 20,000 members of the Jewish community who remain in Iran. Jews, Zoroastrians and Christians each have an elected representative in Iran's parliament. They may worship freely and are not bound by Muslim dietary restrictions. But non-Muslims may not proselytize. Synagogue attendance in Iran has gone up. This is attributed partly to the increased religious atmosphere generally fostered by the government, and in part to the need for the community to draw on its own resources. Iranian Jews say they suffer discrimination in obtaining government jobs; there is anti-Semitism in the government media; but Jews are not openly persecuted. Generally they have had to publicly renounce any connection to Israel or Zionism. And they are increasingly nervous about President Mahmoud Ahmadinejad's statements denying the Holocaust.

Intelligent Design Judge Gives Commencement Address

Yesterday in Carlisle, Pennsylvania, U.S. District Judge John E. Jones gave the commencement address at his alma mater, Dickinson College. Jones, who last year wrote the Kitzmiller opinion striking down the teaching of intelligent design, used the opportunity to discuss the religious views of America's founders as shaped by the Enlightenment. The Associated Press quotes portions of his talk:

The founders believed that true religion was not something handed down by a church or contained in a Bible, but was to be found through free, rational inquiry.... They possessed a great confidence in an individual's ability to understand the world and its most fundamental laws through the exercise of his or her reason.... This core set of beliefs led the founders, who constantly engaged and questioned things, to secure their idea of religious freedom by barring any alliance between church and state.

Italian Official Supports Civil Unions and Liberalization of Assisted Fertility Law

In Italy, according to AKI, the government's new Minister for Family has taken on the Vatican. The minister, Rosy Bindi, is a practicing Catholic whose religion has been important in her political career. In a published interview yesterday, Bindi supported civil unions as well as changes to Italy's restrictive assisted fertility law. Her interview came only two days after Camillo Ruini, the head of the Italian Bishops' Conference, spoke in opposition to civil unions saying that only homosexuals were interested in the move because "heterosexual couples eventually end up getting married." Here is the interview in Italian from Corriere Della Sera.

Commentary: Looking For Establishment Clause Loopholes

John Marshall once famously wrote, "we must never forget that it is a constitution that we are expounding." (McCulloch v. Maryland). He meant, we must interpret the document not as we interpret a technical tax code, but as a repository of broad principles. Nevertheless, two items over the week end remind us that today lawyers seem to often be seeking technical loopholes instead of broad principles in looking at Establishment Clause jurisprudence.

First is the Russell County Kentucky case in which a federal district judge issued a temporary restraining order preventing Megan Chapman, who was elected graduation chaplain by her classmates, from giving her scheduled prayer at high school commencement ceremonies. Perhaps following an emphasis on technical loopholes in a legal memorandum circulated earlier this month by Liberty Counsel, at graduation during the principal's remarks, 200 graduates stood, and in unison recited the Lord's Prayer, to the thunderous applause of the audience. (Louisville Courier-Journal.)

The second development is an article in Saturday's Wall Street Journal [subscription required] which reports on the growing phenomenon of after-school religious clubs in elementary schools being run by the same teachers who teach students during the school day. Relying on a questionable 8th Circuit precedent, the practice has spread. Prodded on by their teachers, ten-year olds try to recruit fellow-students to attend. Permission slips they distribute tell parents that club can "improve memory skills, grades, attitudes, and behavior at home and school." John Blake, Durham executive director for the Child Evangelism Fellowship understands what is going on. He said, having teachers participate "boosts the number of children who enroll .... Kids just want to be there because their teacher's involved." One mother, who agreed reluctantly to let her daughter participate said her daughter was just reaffirming her faith. But she added, "if I wasn't Christian, if I was Jewish, I might be a little peeved about this."