New Jersey Court Permits Suit Over Omitted Funeral Ritual

Yesterday in Menorah Chapels at Millburn v. Needles, (NJ App., June 8, 2006), a New Jersey appellate court held that the First Amendment does not bar it from granting relief in a suit by an Orthodox Jewish family against a funeral home for breach of contract. The contract with the funeral home obligated it to furnish individuals ("shomerim") to be with the body continually until burial, in accordance with Jewish tradition. However, shomerim were present only part of the time. The court held that "Although the services at issue may be required under the tenets of the orthodox Jewish faith, the dispute does not concern the manner in which they were performed, but solely whether they were performed at all – a non-doctrinal matter." The court went on to hold that the deceased's family could be entitled to recover consequential damages for the emotional distress they suffered. The Morris County New Jersey Daily Record carries a news account of the court's decision.

Britain's Religious Groups Fight Sexual Orientation Anti-Discrimination Proposals

Earlier this year, Britain's Parliament passed the Equality Act which authorizes the government to prohibit discrimination on the basis of sexual orientation in the provision of goods, facilities and services, in education, and in the exercise of public functions. In March, the government issued a Consultation Paper indicating that it planned to introduce implementing regulations in October 2006. The new Regulations would cover discrimination against gays, lesbians and bisexuals in providing goods, facilities and services. The Consultation Paper indicated that the government was proposing only limited exemptions for religious organizations. It said that exemptions should be limited to activities closely linked to religious observance or practices that arise from the basic doctrines of a faith. It would not exempt social services offered by religious organizations, commercial activities, or services offered under government contracts.

Yesterday, CNSNews.com reported that a coalition of religious groups has begun a vigorous campaign against the proposed regulations. The Lawyers' Christian Fellowship suggested some of the ways in which the proposed regulations would impact religious institutions. Schools run by the Church of England might be accused of bias in favor of heterosexual relationships in sex education classes. Christians who run bed-and-breakfasts would be forced to rent rooms to same-sex couples. Religious newspapers would not be able to turn down advertisements from homosexual pressure groups.

Texas Court Refuses To Decide Church Dispute Over Board Members

In Grenais v. Metropolitan Isaiah, (Tex. App., June 8, 2006), a Texas state appellate court has dismissed a suit asking the court to decide who are the rightful trustees (parish council) of the Annunciation Greek Orthodox Cathedral in Houston, Texas. A dispute between the originally elected parish council and Father Karambis, the pastor of the church, led him and Metropolitan Isaiah to demand resignations of the parish council and to the Metropolitan's removing those who refused to resign. The pastor and Metropolitan then appointed an interim council to run the Cathedral. The court held that the First Amendment precluded it from adjudicating the dispute. It said that the controversy inherently involves a presiding bishop's power to discipline a local parish council; to determine whether the council's members have violated their oath; and an archdiocese's right to insist on the by-laws may be adopted by its subordinate parishes.

Scientologists Challenge Nebraska's Infant Blood Test Law

The Associated Press reports on a lawsuit in federal district court in Lincoln, Nebraska. Ray and Louise Spiering have asked a judge to declare unconstitutional Nebraska's law that requires screening of newborns for various metabolic diseases within 48 hours of birth. Testing involves pricking an infant's heel to draw five drops of blood. However, the Spierings, who are Scientologists, believe that babies should have seven days of silence after birth, and that drawing blood draw before then could cause the child to later experience extreme physical and mental trauma. In 2004, U.S. District Judge Richard Kopf granted the Spierings a temporary restraining order allowing them to delay their infant's screening until after seven days. Now they are asking the court to rule that the absence of a religious exemption in Nebraska's law should lead to its being invalidated.

Religiously Diverse Coronation Suggested In England

Great Britain's Universe Newsroom reports that Lord Carey, the former Archbishop of Canteburry, has suggested that when Prince Charles eventually takes the throne, his coronation should be a multi-faith event. Lord Carey says that Britain is now much more religiously diverse than it was when Queen Elizabeth took the throne. However, Catholic MP Ann Widdecombe argues that the coronation should remain essentially an Anglican ritual since that is the established church of the country. Back in 1994 Prince Charles said he wished to be referred to as defender "of faith" rather than of "the faith".

Dutch Queen Criticized For Her Mosque Visit

On Wednesday, Expatica reported that a member of the Dutch Parliament has strongly criticized Queen Beatrix and Prime Minister Jan Peter Balkenende following the queen's recent visit to a mosque in The Hague. The mosque was celebrating its 50th birthday. At the mosque, the queen removed her shoes and refrained from shaking hands with Muslim men. Subsequently the Prime Minister praised the queen's actions as an example of tolerance in action. Independent Conservative MP Geert Wilders said that the queen and prime minister are far too tolerant. He said, "We must instead make the case for Dutch norms and values."

Catholic School Teacher Who Signed Pro-Choice Ad Loses 3rd Circuit Appeal

Yesterday, in Curay-Cramer v. Ursuline Academy of Wilmington Delaware, Inc., (3rd Cir., June 7, 2006), the U.S. Third Circuit Court of Appeals rejected employment discrimination claims by a female teacher who was fired from her position as a 7th/8th grade teacher at a Catholic school after she signed a pro-choice advertisement in a local newspaper. The court found that Curay-Cramer failed to state a claim under anti-retaliation provisions of Title VII because the ad she endorsed did not mention any practices by her employer that she was opposing. The court then went on to reject Curay-Cramer's claim that she was treated differently than male employees who spoke out on other issues in opposition to doctrines of the Catholic Church. The court said that it would pose substantial constitutional questions if it were to apply Title VII here because it would be required to decide if other issues were as important to the Church as its anti-abortion stance. In dismissing the claim, the court relied upon the U.S. Supreme Court's decision in NLRB v. Catholic Bishop of Chicago. Today's Delaware News Journal covers the decision. [Thanks to Anthony J. Picarello, Jr. via Religionlaw for the lead.]

Vatican Loses Sovereign Immunity Claim In Priest Abuse Case

Yesterday's Washington Post reports that a federal district court in Portland, Oregon has held that the victim of a priest's sexual abuse may continue with his claim against the Holy See, ruling against the Vatican's claim of sovereign immunity. The suit says that the Vatican conspired with the Archdiocese of Portland and the archbishop of Chicago to protect the Rev. Andrew Ronan by moving him from Ireland to Chicago to Portland despite a history of abuse. Federal District Judge Michael Mosman held that there was enough of a connection between the Vatican and the priest that he could be considered an employee of the Vatican under Oregon law. This then could bring the Vatican within an exception in the U.S. Foreign Sovereign Immunities Act that permits personal injury suits to be filed against a foreign government if the plaintiff's injury was caused by a tortious act or omission of an employee of the foreign government acting in the scope of employment (with certain exceptions).

UPDATE: The full opinion in John Doe v. The Holy See (D. Ore., June 7, 2006) is now available online courtesy of Mirror of Justice.

Secular Israelis Decry Religion In Israeli Schools

In Israel, secular Jews are strongly criticizing Orthodox rabbis who are convincing teenagers in high schools to become religiously observant. A column by Shahar Ilan in today's Haaretz strongly criticizes in-school and after-school activities, saying it is "an attempt to get [teenagers] when they are confused and unformed, and to incite them against their families."

Suit Challenges Virginia County's Sexual Orientation Protections

Yesterday Liberty Counsel announced that it had filed suit in an Arlington County, Virginia court to challenge an April 2006 determination by the Arlington County Human Rights Commission that a video company engaged in illegal discrimination under the county's Human Rights Code when the company refused to duplicate two videos promoting gay and lesbian rights for a customer. Tim Bono, owner of Bono Film and Video, Inc., had responded to an e-mail request from Lilli M. Vincenz that Bono Film does not duplicate material that is obscene, embarrassing to employees, damaging to the company’s reputation or that runs counter to the company’s Core Values and Christian and ethical values. The suit asserts that local anti-discrimination codes that include sexual orientation violate a judicial doctrine applied by Virginia courts known as Dillon's Rule. The suit claims that the doctrine should be read to prohibit enforcement of local anti-discrimination laws that go beyond statewide rules.

Michigan Capitol Display Will Include 10 Commandments

The Associated Press reports that Michigan's Capitol Committee, made up of four senators, four representatives and four members of Gov. Jennifer Granholm's administration, voted 11-1 yesterday to include the Ten Commandments in a display of historical documents inside the Michigan Capitol. Last week the House adopted H Res 268 encouraging the display. The "History of Our Laws and System of Government Display" is modeled after a display in a Kentucky courthouse that was upheld by the U.S. 6th Circuit Court of Appeals. However, leaders of the Capitol Committee may shorten the text of the display's historical documents that now run to 41 pages and include the Mayflower Compact, Orders of Connecticut, Iroquois League, Bill of Rights and 1819 Treaty of Saginaw. The final display will also be reviewed by the state attorney general's office for constitutional or legal problems. (See prior related postings 1, 2.)

LA Priest Abuse Records Sealed Pending Trial

Los Angeles County Superior Court Judge Haley J. Fromholtz yesterday ordered that personal records remain sealed in sexual abuse lawsuits pending against the Archdiocese of Los Angeles. Today's Washington Post reports that lawyers were ordered not to disclose general background information and medical and financial records of individual plaintiffs and defendants in the cases.

Greece Changes Approval Policy For Building Of Minority Houses Of Worship

In Greece, the head of the Jewish community praised Parliament's passage of a law that eliminates control by the Greek Orthodox Church over building of synagogues and houses of worship by other non-Orthodox groups, according to yesterday's European Jewish Press. Religious bodies must now submit applications to the Education and Religious Affairs Ministry. The head of Greece's Jewish community supported further amendments to Greek law: "Our next goal is to have the rabbis paid by the government like the clergy of the Christians and Muslims, for the sake of equality which is outlined in the Greek constitution." (See prior posting.)

Roy Moore Loses In Alabama Primary

In Alabama's primary yesterday, former state Chief Justice Roy Moore lost his bid to become the Republican nominee for governor, according to the Associated Press. Moore, famous for his attempts to keep a large Ten Commandments monument in the state's judicial building, lost to Republican Governor Bob Riley. Conceding defeat in the primary, Moore said "God's will has been done." Moore had been removed from his judicial position in 2003 when he refused to follow a federal court order to remove his 5,300 pound Decalogue monument from the building housing the state's supreme court.

Israel's Justice Minister Cracks Down On Rabbinic Judges

In Israel, Justice Minister Haim Ramon does not think that judges on the country's rabbinic courts are working hard enough. Yesterday's Jerusalem Post reports that he has sent a letter to all 85 serving Jewish religious court judges telling them that their illegally short working hours will no longer be permitted. He also told 15 judges who do not live in the cities in which their courts sit that by September they must move to the cities in which they serve. All of this is part of a campaign to improve the professionalism of the rabbinic courts that deal with family law matters, primarily divorces.

Louisiana House Panel Edits Ten Commandments

Louisiana's House Governmental Affairs Committee yesterday decided to edit the Ten Commandments, according to a report by The (Baton Rouge) Advocate. Senate Bill 476 permits the display in public buildings of the Ten Commandments along with other specified historical documents containing religious references. (See prior posting.) The Senate bill sets out the exact wording permitted, and the House Committee found itself debating whether the Catholic, Protestant or Jewish versions of the Decalogue should be used. In the end it compromised with a bit of tinkering. While it primarily used the Protestant King James version, it changed "Thou shall not kill" to "Thou shall not murder", which is the way Jewish translations generally render the commandment. It changed the King James spelling of "honour" to "honor" in reference to honoring one's father and mother. The panel then also debated whether to include"thou shalt not make unto the any graven idol", a phrase that does not appear in the Catholic version of the Commandments. The Committee sent its syncretistic version on to the full House.

Trinidad Follows Court Order, Replacing Trinity Cross

In response to a decision by its High Court last month, Trinidad and Tobago has decided to replace the Trinity Cross with another symbol as the country's top honor, according to yesterday's Antigua Sun. The Court found that the Trinity Cross was a Christian symbol that amounted to religious discrimination. The country's population is 22.5% Hindu and 5.8% Muslim. [corrected]

Funeral Picketers Sued By Family; Threaten Counter-Suit

Yesterday's Baltimore Sun reports that the members of the Kansas-based Westboro Baptist Church who have been picketing military funerals claiming that military deaths are God's retribution for sinful behavior are finally being sued by a family that has been the subject of the picketing. In Greenbelt, Maryland, the father of Marine Lance Cpl. Matthew A. Snyder, who died in a vehicle accident in Iraq, is suing Westboro Baptist Church in federal court, hoping that the suit will deter the group from further similar conduct. Three adults and four children marched on city property outside Cpl. Snyder's funeral in March with signs reading "Thank God for dead soldiers." The group also posted comments about Snyder and his family on its Web site, such as, "Albert and Julie ... taught Matthew to defy his creator, to divorce, and to commit adultery. They taught him how to support the largest pedophile machine in the history of the entire world, the Roman Catholic monstrosity." Attorney Shirley Phelps-Roper, whose father Fred Phelps helped establish Westboro Baptist, said that the church would countersue for conspiracy to violate and violation of the church's freedoms of speech and religion. (See prior related postings 1, 2, 3.)

New State Department Monitor for World Anti-Semitism

Eighteen months after Congress passed the Global Anti-Semitism Review Act , the State Department has finally appointed someone as Special Envoy for Monitoring and Combating Anti-Semitism around the world. Today's Cleveland Jewish News profiles the new appointee, Gregg Rickman. Here are Secretary of State Condoleezza Rice's remarks at Rickman's May 22 swearing-in.

Islamists May Bring Somalia Order Under Islamic Courts

In Somalia, an Islamist militia has taken control of the capital city of Mogadishu after months of fighting with an alliance of warlords. Now the city's eleven Sharia courts are attempting to restore order under Islamic law after 15 years of anarchy in the country. The Union of Islamic Courts was originally created by businessmen attempting to end the arbitrary rule of warlords. Some residents though are now concerned that the country and its schools could fall into the hands of religious fundamentalists. The militia may now head for Baidoa, 140 miles from Mogadishu, where there is an internationally recognized transitional government. Reports on the situation have been published by the AP, Gulf Times, and BBC News.

UPDATE: On June 7, the AP reported that the successful Islamic militia installed a new Islamic court in the town of Balad, about 20 miles from Mogadishu.