Baltimore Funding of Faith-Based Hunger Program Opposed

After issuing a statement last week opposing the state of Maryland's spending $150,000 on transportation to attract the National Baptist Convention to Baltimore, now Americans United for Separation of Church and State has sued the city of Baltimore that is planning to give the United Baptist Missionary Convention of Maryland (UMBCM) $297,500 to support its Bags of Love outreach program. Today's Baltimore Sun says that funds will be spent to distribute over 1,000 bag lunches at area shelters and missions on Saturday before the Convention begins. The suit claims that funding the anti-hunger program violates the separation of church and state because the bags of food being distributed also contain a Bible and "salvation tracts". (AU Release.) However, Rev. Theresa Mercer says now that city finding is being used, that UMBCM is no longer planning to include Bibles or other religious materials in the food bags. Rev. Barry W. Lynn, executive director of Americans United, said that his group would need to look at the revised plans to decide whether to withdraw the suit.

Newdow Loses "In God We Trust" Challenge; Pledge Case Still Pending

Yesterday in Newdow v. Congress of the United States, (E.D. Cal., June 12, 2006), a California federal district court rejected Michael Newdow's challenge to the constitutionality of "In God We Trust" as the national motto and its use on coins and currency. The court held that Newdow had standing to bring the challenge, finding that Newdow adequately alleged injury-in-fact, causation and redressability. The court dismissed Congress and its Law Revision Counsel as defendants, finding that they are immune from suit under the Speech and Debate Clause of the Constitution (Art. I, Sec. 6), since the claim against them is merely that they enacted and published an unconstitutional law. However the court proceeded to the merits of the claim against other defendants (the Secretary of Treasury, the Director of the Mint, the Director of the Bureau of Engraving and Printing, and the Pacific Justice Foundation which intervened as a defendant).

In passing on the merits, the court held that it was bound by a 1970 Ninth Circuit decision (Aronow v. United States, 432 F.2d 242 [LEXIS Link]). Relying on that, the court rejected Newdow's Establishment Clause claim, finding that the motto has no theological or ritual impact, but rather merely has spiritual, psychological and inspirational value. The court similarly rejected Newdow's Free Exercise and RFRA claim that his right to exercise his Atheistic beliefs has been burdened by the government's endorsement of monotheism. It said that "In God We Trust" is a secular motto. It also rejected Newdow's attempt to rely on a 1977 Supreme Court decision striking down a New Hampshire requirement that auto owners display license plates with the motto "Live Free or Die".

Meanwhile Michael Newdow has another important case pending before the 9th Circuit-- a challenge to the inclusion of "under God" in the Pledge of Allegiance. (See prior posting.) Howard J. Bashman has an interesting article in Law.com yesterday discussing the technical question of whether the panel of 9th Circuit judges who hear this appeal will be bound by a prior 9th Circuit decision that found the Pledge's use of "under God" to be unconstitutional. That decision was reversed by the U.S. Supreme Court on the ground that Newdow lacked standing. Bashman argues that this had the effect of erasing the 9th Circuit's prior determination on the merits, even though the district court in the case now on appeal upheld Newdow's claim on the ground that it was sill bound by the 9th Circuit determination. If the Supreme Court's dismissal on standing grounds did not wipe out the 9th Circuit's substantive holding, the current 3-judge panel is also bound by the holding of the earlier 3-judge panel.

Will Britain Require Clergy To Bless Gays and Give Them Communion?

A posting last week discussed some of the concerns that religious groups in England have about proposed British government regulations banning discrimination on the basis of sexual orientation in furnishing goods and services. Those concerns related to services offered by religiously affiliated organizations. Today LifeSiteNews reports the Church of England is suggesting that the regulations could have a much more direct impact on core functions of the Church itself. It says that under the proposed regulations it will be illegal for churches to deny gay and lesbian couples use of churches for civil commitment ceremonies, and clergy would be required to bless same-sex couples. It says that communion falls under the definition of services, so it would be illegal for a clergyman to deny communion to homosexuals.

In fact it seems unlikely that the final regulations will be this broad. Here is what the March 2006 Consultation Paper said about the issue:

Churches, mosques and many other religious organisations advance their faith or belief through activities such as worship, teaching and preaching, officiating in marriage, conducting baptisms and giving sacraments to members of their religious community. We recognise that there may be circumstances where the new regulations could impact on aspects of religious activity or practice in the light of the doctrines of some faiths concerning sexual orientation and the beliefs of their followers. We need to consider therefore the application of the regulations in these areas.

We are interested to hear views on the impact that the regulations may have in these areas, particularly where the regulations may impede religious observance or practices that arise from the basic doctrines of a faith. Any exceptions from the regulations for religious organisations would need to be clearly defined and our starting point is that these should be limited to activities closely linked to religious observance or practices that arise from the basic doctrines of a faith.

Fallaci Trial On Defaming Islam Begins Today In Italy

In Italy today journalist and author Oriana Fallaci goes on trial charged by Muslim activist Adel Smith with defaming Islam, according to Mainichi Daily News. The charges grow out of a 2004 book, The Force of Reason, in which Fallaci says "To be under the illusion that there is a good Islam and a bad Islam or not to understand that Islam is only one ... is against reason." Fallaci is being tried under an Italian law that prohibits "outrage to religion". The author, who lives in New York, will not attend today's hearing in the city of Bergamo. The AP reported earlier that Italy's Justice Minister sides with Fallaci, saying that she has expressed deep criticism of Islam, but not defamation.

A La Carte Cable Proposal Splits Evangelicals From Christian Broadcasters

The Washington Post reported on Saturday that a plan to change cable television rules to require "a la carte" service is strongly supported by evangelical Christians, but is opposed by Christian broadcasters. Sen. John McCain is likely to introduce legislation to mandate the approach which is backed by a February Federal Communications Commission report. A la carte packaging would permit cable subscribers to pay only for channels they wish to receive, and would preclude cable providers from forcing customers to take packages which include other channels. Evangelicals see this as a way to avoid receiving and paying for channels that carry programming they find offensive. Christian broadcasters, however, fear that this will prevent channel surfers from having conversion experiences after accidentally coming across a Christian broadcast. Only those who are already Christians are likely to pay for these channels in advance.

Recent Law Review Articles

Recent articles (from SmartCILP):

Anthony R. Benedetto, The Impact on "The Vanishing Trial" If People of Faith Were Faithful To Religious Principles of Settling Disputes Without Litigation, 6 Pepperdine Dispute Resolution Law Journal 253-278 (2006).

Jenna Blackwell, The Role of Religion In Child Custody Disputes, 5 Appalachian Journal of Law 17-33 (2006).

Toni M. Massaro, Religious Freedom and "Accommodationist Neutrality": A Non-neutral Critique, 84 Oregon Law Review 935-1000 (2005).

Shelley Ross Saxer, Government and Religion As Landlord and Tenant, 58 Rutgers Law Review 409-450 (2006).

David Hollander, Jewish Law For the Law Librarian, 98 Law Library Journal 219-252 (2006).

Court Upholds Refusal To Transport Prisoner For Religious Conversion

Beasley v. Konteh, 2006 WL 1554582 (N.D.Ohio, June 8, 2006) is an interesting prisoner free exercise case decided by a federal district court in Toledo, Ohio. Convicted murderer James Beasley claims that he is an Orthodox Jew. However because he was neither born Jewish nor converted, local Jewish organizations do not consider him Jewish for purposes of furnishing him pastoral care services. So Beasley seeks to be formally converted, which a local rabbi is willing to do. However this requires that Beasley be transported to a local synagogue where he can undergo immersion in a mikvah as part of the conversion ceremony. Prison authorities refuse to transport Beasley out of the prison because of administrative and security concerns. The court upheld the warden's decision, saying that neither the Constitution nor federal statutes require that a prisoner be allowed to leave prison to participate in a religious ceremony.

The court, however, did permit Beasley to move ahead with his claim that prison authorities threaten to cut his beard and sidelocks in violation of his religious beliefs, though prison officials say they are now treating him as Jewish and have granted him an exception to the prison's grooming regulations. Yesterday's Toledo Blade covered the decision.

Iran Sets Up "Office of Religious Blogs"

The American Foreign Policy Council's newsletter, Iran Democracy Monitor , in its June 9, 2006 edition, reports that the Iranian government has created an "Office of Religious Blogs". Based in Qom, the Office provides research, training, and support to clerical bloggers operating inside Iran. It says it has already trained 500 bloggers to use of the Internet to disseminate a pro-regime message to Iranians who are increasingly using the Internet.

Texas Democrats Appeal To Progressive Christians

Following the Texas Republican Party Convention last week that was filled with appeals to conservative Christians, this weekend the Texas Democratic Party held its convention and sought ways to identify with progressive Christians. Today's Dallas Morning News reports that buttons worn by delegates featured the religious symbol of a fish along with the Democratic Party donkey. At a workshop sponsored by the Texas Freedom Network, Rev. Brett Young said, "Caring for the poor is a religious issue. Feeding the hungry, watching out for the indigent, standing up for people who are hurting – from a religious perspective, the way we respond to poverty is a litmus test of true morality." Young said that Republicans are trying to define moral values as merely opposition to abortion and gay marriage. Democrats need to emphasize that social justice, programs for the needy and protection of the environment are also moral values.

Indian State Ends Brahmin Monopoly On Priesthood

In another blow to the traditional caste system, the Indian state of Tamil Nadu last month announced that persons of all castes could become Hindu temple priests (archakas). Presently only Brahmins are permitted to become priests. The government's decision was prompted by a decision of the Supreme Court in 2002. Chennai yesterday reported that the government has now set up a seven-member committee, headed by a retired judge of the Madras High Court, to decide on qualifications and training for appointment as a priest. At least one blogger worries that these developments turn the appointment of priests into a secular matter.

Chabad Suit Against Hollywood, Fla. May Settle As Judge Says Zoning Law Is Vague

In a pending federal lawsuit brought by a Jewish Chabad Congregation and the U.S. Department of Justice challenging Hollywood, Florida's removal of a special zoning exception that had been granted for operating a synagogue, the judge has informally announced that she plans to rule that the city's zoning law is too vague. (See prior posting.) In light of this, one member of Hollywood City Council is urging a special meeting to discuss settling the case, according to yesterday's South Florida Sun-Sentinel. Chabad's attorney has sent the city a settlement offer. Officials fear that if the court issues a formal ruling, this will tie their hands in trying to protect neighborhoods from disruption by religious institutions.

CSCE Still Concerned Over Romania's Draft Religion Law

The U.S. Helsinki Commission (CSCE) last week expressed continuing concern about the draft legislation being considered by the Judicial Committee and the Human Rights Committee of Romania's lower house of Parliament, after the bill's rushed passage last year by Romania's Senate. (See prior posting.) It is reported that legislative committees have approved an amendment criminalizing "aggressive proselytizing" with fines or jail terms of up to three years. The Senate-passed draft would create a burdensome registration system. In order to gain the most preferential status, religious communities would need to wait 12 years and show their membership exceeds 0.1% of the population of Romania, or 23,000 persons. Approximately 25% of the 18 currently registered religious groups would not have enough members to meet that requirement.

Liquor Licenses Threaten Quiet At Native American Religious Site

In Sturgis, South Dakota, for the third time since April the Meade County Commission approved alcohol licenses for the annual August Black Hills Motorcycle Rally, according to today’s Rapid City (South Dakota) Journal. The licenses are opposed by Native American groups who say they need peace and quiet at Bear Butte where Plains Indians have participated in Sun Dances and other religious ceremonies for centuries. Opponents of the licenses have now raised new questions about compliance with environmental and historic preservation laws.

Florida Supreme Court Hears Arguments In Religious Sales Tax Exemption Case

The Associated Press reports that on Friday, the Florida Supreme Court heard arguments in Wiccan Religious Cooperative of Florida v. Zingale (see prior posting). In the case, a Wiccan group is challenging the constitutionality of a Florida law (Title 14 Fla. Stat., Sec. 212.06(9)) that grants a sales tax exemption for religious publications, bibles, hymn books, prayer books, vestments, altar paraphernalia, sacramental chalices, and like church service and ceremonial raiments and equipment. The state court of appeals held that the Wiccan group lacks standing to bring the case because it is recognized as a religion and thus benefits from the exemption. In response to a question from the court during argument, Florida Solicitor General James McKee conceded that plaintiffs could start over and file the suit as taxpayers. However he said that in this case, no evidence was ever introduced to show that the Cooperative is a taxpayer. If the Supreme Court decides that plaintiffs have standing, it could then decide the substantive constitutional issue, or could remand it to the court of appeals to consider the issue further.

Soup Kitchen Battles Florida City For Right To Operate

Yesterday’s Fort Myers (Florida) News-Press reported that in Fort Myers Beach last week, city officials and a soup kitchen called God’s Table came closer to going to court. Residents of the Florida town claim that God’s Table, which gives food, clothing, showers and some health care to the Beach’s homeless, is responsible for the growing problems of drinking, littering, public urination and sleeping under homes by street people. God’s Table says that the transient problem has existed for decades, and would be much worse if it did not exist. The city claims that God’s Table is in violation of zoning laws, but the soup kitchen says that as a religious group its activities are protected by the First Amendment and by Florida’s Religious Freedom Restoration Act. The two sides plan to continue meeting to try to find solutions.

Buddhist Group Denied Tax Exemption For Vacant Property

Upstate New York’s Times Herald-Record reports that in Shawangunk, NY, a town of 12,000, a state trial court judge has ruled against a Buddhist group in its controversial application for a tax exemption for 42 acres of property which it bought. The World Buddhist Ch'an Jing Center bought up the land with no particular plans for it. Judge Michael Lynch ruled that the land was not being used for religious purposes as is required to obtain a property tax exemption. The town’s Assessor, Curt Schoeberl, lashed out at the group for its attempt to deprive the town of some $32,000 in tax revenue. He said: "The people that run these organizations have no consciences. They don't understand what they do to the community when they take these large parcels off the tax rolls. The services are still being required. ... It just keeps getting worse and worse. The laws have to be changed."

10th Circuit Upholds Police Officer's Religious Freedom Claim

In Shrum v. City of Coweta, (10th Cir., June 8, 2006), the U.S. 10th Circuit Court of Appeals said summary judgment should not be granted to an Oklahoma town, its police chief and its city manager, in a suit by a former police officer alleging infringement of his free exercise of religion, as well as of various other constitutional rights. Officer Rex Shrum, who also served a pastor of the Coweta Church of Christ, was promised when he joined the police force that he would have Wednesday evenings and Sundays off so he could continue his ministerial duties. However, he was later required to begin to work on Sundays. The court held that while the mere failure to accommodate Shrum’s religious needs in the face of a neutral employment requirement does not amount to a First Amendment violation, here Shrum is alleging something more. He claims that he was moved to the Sunday day shift precisely because the Police Chief knew that this would conflict with his religious commitment. The court held that if Shrum’s religious commitment was the motivating factor in forcing the employment change, it would constitute a First Amendment violation.

Romney's Presidential Bid and His Mormon Religion

Today’s Weekend Edition of the Wall Street Journal (subscription required) carries a front-page article on Massachusetts Governor Mitt Romney’s potential bid for the presidency and how his Mormon religious faith will impact his chances.

The article begins with an account of Romney’s dead-pan humor speaking to the Republican Jewish Coalition in Palm Beach, Florida:

"You may have heard that I’m Mormon," Mr. Romney told the crowd, adding that it’s "very difficult being Mormon" in Massachusetts, where same-sex marriage is legalized. "You see for us, marriage is a relationship between a man and a woman and a woman and a woman."

In meetings with Christian conservatives, Romney is able to say, "I personally believe that Jesus Christ is my savior." He contends that voters will choose “individuals who are people of faith”, but he does not think that the "brand of faith" should matter.

Romney’s consultants do not believe that his religious affiliation will be as important to voters as political insiders are suggesting. Strategists believe, however, that Romney will eventually have to confront the religious issue directly.

Arizona Judges Sued; Discrimination Against Mormon Law Clerk Alleged

The Arizona Republic reports today that earlier this week a former judicial law clerk and a current court employee filed federal civil rights suits against two Arizona Court of Appeals judges. Regina Pangerl accuses Judge Susan Ehrlich of discriminating against her because she is Mormon. Her claim apparently has merit because the state's Commission on Judicial Conduct reprimanded Judge Ehrlich in a non-public proceeding. Pangerl also accuses Chief Judge Sheldon Weisberg of intimidating her into quitting when she requested a transfer from her position with Judge Erlich. In a second suit, Luz Hellman, who is married to one Court of Appeals judge and works for another, accused Judge Weisberg of threatening her with criminal prosecution and dismissal after she leaked two internal memos related to Pangerl's complaints against Ehrlich.

Cert. Petition Filed In Challenge To School Muslim Role-Playing

The Thomas More Law Center, representing plaintiffs, on May 31 filed a petition for certiorari in the U.S. Supreme Court in the case of Eklund v. Byron Union School District in which the 9th Circuit dismissed a challenge to elementary school role playing activities that were designed to acquaint students with Islam. (See prior posting.) WorldNetDaily reports on the filing of the cert. petition and the background of the case.