Arizona Governor Vetoes Bill On Recognition Of College Religious Groups

Arizona Governor Janet Napolitano yesterday vetoed the Associational Freedom in Higher Learning Act that would have prevented public universities from denying recognition to student groups that limit their membership to students who hold the religious, political or philosophical views of the organization. A prior posting describes S.B.1153 more fully. Today's Arizona Republic reports that this is one of nine bills vetoed by the Governor as the legislative session ended. The Governor's veto letter (full text) seemed to suggest that she saw the bill as broader than it in fact was. She said:

Students at postsecondary institutions should not be prohibited from participating in student organizations of their choice simply based on their religious or political beliefs. A law that would permit such discrimination could lead to a host of adverse consequences. For example, if this bill became law, there would be nothing to prohibit the school football team or chess club from denying participation by Jews, Christians, Muslims or members of other religions.

Suit Seeks Removal of Jesus Portrait From West Virginia High School

In Clarksburg, West Virginia, Americans United For Separation of Church and State (press release) and the American Civil Liberties Union of West Virginia have sued to force Harrison County education officials to remove a large a portrait of Jesus hanging in Bridgeport High School. The The painting has hung in the school for at least 30 years. Originally it was in a counselor's office, but was moved to the wall outside the principal's office when the counselor left the school. After a request that the painting be removed, the school board earlier this month by a tie vote decided to keep it. Expecting a lawsuit, Board President Sally Cann voted in favor of removing the painting, saying that the school did not have to keep it to profess its Christian values. The suit, filed on behalf of a parent of a former student as well as on behalf of a former teacher in the school, alleges "the school district has sent a powerful visual message to all who enter the school that Christian students are more valued than others and that students who wish to curry favor with the administration should adhere to the school district's preferred religious views..." Reports on the case are in today's Charleston (WV) Gazette and the Washington Post.

California Supreme Court Will Not Review Unruh Act Case Against Lutheran School

Yesterday the California Supreme Court denied review in California Lutheran High School Association vs. Superior Court, a suit by two high school girls and their parents challenging the girls' expulsion from a Lutheran religious high school in Wildomar, California. (See prior postings 1, 2, 3.) School principal Gregory Bork claims that the two girls may have been engaged in a lesbian relationship in violation of the school's code of conduct which prohibits actions "contrary to Christian decency.'' The suit claims that the school's action violated California's Unruh Act that prohibits prohibits businesses from discriminating on the basis of actual or perceived sexual orientation. The school argues that as a non-profit religious school it is not a business and so is not covered by the law. It also argues that its free exercise rights override any statutory restriction. Yesterday's San Francisco Chronicle reported on the decision.

House Committee Defeats Pledge of Allegiance Bill

Yesterday, the House Judiciary Committee defeated by a 15-15 vote the Pledge Protection Act (H.R. 2389) that would have removed federal court jurisdiction to hear challenges to the constitutionality of the Pledge of Allegiance. One Republican, U.S. Rep. Bob Inglis of South Carolina, voted with 14 Democrats to defeat the proposal that had been strongly backed by conservative religious groups concerned about challenges to the phrase "under God" in the Pledge. Americans United for Separation of Church and State issued a press release calling the defeat a tremendous victory.

Supreme Court Upholds Depriving Prisoners Of Rights To Encourage Behavior Changes

The United States Supreme Court today in Beard v. Banks (June 28, 2006) upheld a Pennsylvania prison policy that deprives the most incorrigible, recalcitrant prisoners of newspapers, magazines, and personal photographs as an incentive for better prison behavior. Pennsylvania still permitted these inmates to possess legal and personal correspondence, religious and legal materials, two library books and writing paper. By a 6-2 vote , the Court rejected prisoners' First Amendment challenges to the regulations. Justice Breyer wrote the majority opinion, Justice Thomas wrote a concurrence joined by Justice Scalia, while Justices Stevens and Ginsburg dissented. Justice Alito did not participate. Neither the majority nor the concurring opinion gave any indication that Pennsylvania's exception for religious material was necessary for the policy to be valid. The Becket Fund had filed an amicus brief in the case arguing that the deprivation theory could equally be used to take away from prisoners their access to the Bible or other sacred texts, or to deny them of the right to otherwise practice their religion, in violation of their constitutional rights to free exercise of religion.

Here is Reuters report on the decision.

Parishioners Sue Bishop to Get Control Of Closed Church Building and Parish Assets

In Kansas, Ohio, members of St. James Catholic Church have filed suit against the Diocese of Toledo and Bishop Leonard Blair to get control of their former parish's property and assets, according to this morning's Toledo Blade. Last July Bishop Blair closed 16 churches including St. James Parish, and merged 12 others into new parishes in the 19-county diocese. Two months before the scheduled closure, about 50 St. James parishioners began a prayer vigil in their wood-frame church. Ultimately the Diocese evicted the worshipers and padlocked the building. The members' lawsuit, filed in Seneca County Common Pleas Court, claims that parishioners are the true owners of parish property, and that the Bishop was merely holding the property as trustee for them. Elsewhere in the country, in diocese bankruptcy filings, the Church has often argued the position that plaintiffs are taking here in an effort to keep parish property from Diocese creditors. Meanwhile former St. James parishioners meet each Sunday for a prayer service at a local Methodist church. Rev. Jaroslaw Nowak, of the Polish National Catholic Church, celebrates Mass with them once a month.

UPDATE: A second similar suit was filed against the Toledo Diocese on June 28 by former members of St. Joseph parish in Carey, Ohio whose church was closed by the Diocese in July 2005. (Tiffin Advertiser-Tribune).

Navy Chaplain Continues To Press For Sectarian Prayer

WorldNetDaily reports today Navy Chaplain Lt. Gordon James Klingenschmitt is continuing his battle with the Navy to be able to freely pray "in Jesus name" at military ceremonies. (See prior posting.) A military judge has upheld a decision by Rear Adm. F.R. Ruehe to reject Klingenschmitt's appeal of sanctions imposed on him by his commanding officer Capt. James A. Carr. The officer's action stemmed from a decidedly Christian message delivered by Klingenschmitt at a memorial service for a sailor who died in a motocycle accident. Also Klingenschmitt has been warned about non-inclusive evening prayer over the ship's PA system. The military judge's ruling has led Klingenschmitt to file a whistleblower complaint with Sen. Hillary Clinton and other members of Congress charging Navy officials with violating the Constitution. Meanwhile Adm. Ruehe is convening a special court-martial against Klingenschmitt for the chaplain's appearance in uniform at a March 30 event with former Alabama Chief Justice Roy Moore in front of the White House.

Ohio Prisons Agree To Settle Suit By Changing Prison Practices

The Ohio Department of Rehabilitation and Corrections has tentatively agreed to settle a lawsuit brought against its former director by a deputy warden who claimed that the director was using his position to promote Christianity in the prison system. (See prior posting.) Yesterday's Akron Beacon-Journal says that in the settlement in Rose v. Wilkinson the state has agreed that it will eliminate prayers, religious music and proselytization from all secular events held inside Ohio's prisons. The prison system will not order inmates to attend religious programs and will not sponsor or endorse the message of any religious program allowed to enter the prison. In addition, the Department will stop holding employee training sessions and other programs in churches.

Suit Challenges Exclusion Of Religious Meetings From City Hall

The Alliance Defense Fund announced yesterday that it has filed suit in federal court against the city of Idaho Springs, Colorado to challenge its policy that prohibits the use of City Council chambers for religious events and meetings. The issue arose when Idaho Springs residents who were observing the National Day of Prayer were denied use council chambers as a back-up location when rain precluded use of a city park. The complaint (full text) in Barkey v. City of Idaho Springs says that City Hall Council Chambers- Meeting Room is open for use by non-profit and community service groups generally, but not for meetings with religious content or for religious ceremonies. the suit claims that this policy of viewpoint and religious discrimination violates First and Fourteenth Amendment protections.

Bill To Save Mt. Soledad Cross Introduced Into Congress

On Monday, yet one more attempt to save San Diego, California's Mt. Soledad Cross was made. California Congressmen Duncan Hunter, along with two co-sponsors, introduced a bill that would have the federal government acquire the city-owned property on which the Cross stands. The Defense Department would take over responsibility for maintenance of the area, through a contractual arrangement with the private Mt. Soledad Memorial Association, the group that erected the Cross in 1954 to honor Korean War veterans. Reporting on this today, the San Diego Union-Tribune says that this bill would permit the city of San Diego to remove itself from the costly legal battle over the memorial site. Currently the city is under court order to remove the Cross by august 1 or face a fine of $5000 per day. (See prior posting.)

Bavarian Premier Wants Tougher Blasphemy Laws

Bavarian premier Edmund Stoiber is pressing for the enactment of stricter blasphemy laws in Germany. Deutsche Welle today says that the premier has called for all forms of blasphemy, regardless of religion, to be outlawed. He wants up to a three-year prison sentence for the most severe instances of deliberate insults to the religious feelings of others. Currently blasphemy is an offense in Germany only if it "disrupts the public peace". Germany's Lutheran Church does not support Stoiber's proposal. Petra Bahr, the church's commissioner for culture, said "We believe that respect for religious symbols can be better achieved through religious instruction." Also,Bahr contended, the government is not in a position to "decide what's blasphemous and what isn't." Muslims in Germany also are not behind Stoiber's idea. Burhan Kesici, vice president of the conservative Islamic Federation, said. "We think this is just a political move, calculated to keep certain circles in Bavaria happy and so we're not supporting it."

10 Commandments Across From Supreme Court OK'd

A Washington D.C. group that set up a large display of the Ten Commandments on its property across the street from the Supreme Court building apparently has been vindicated. Today's Washington Post reports that the D.C. Department of Transportation has rescinded an earlier warning to Faith and Action that it faced a $300 per day fine for failing to obtain proper permits to erect the 850-pound granite monument. (See prior posting.) The city's letter said: "In view of the First Amendment interests reflected in the installation of the Ten Commandments sculpture . . . and upon further consideration of applicable law," the city now believes that no permits are required.

Amish Farmer Challenges Ohio's Milk Regulations

In New Hope, Ohio, an Amish farmer is mounting a religiously-based court challenge to Ohio's prohibition on the sale of unpasteurized milk (ORC 917.04). Yesterday's Akron Beacon-Journal reports that the challenge comes after Arlie Stutzman had his license to sell milk suspended for two months for selling unlabelled milk to a state Department of Agriculture undercover agent. Even though his license was returned, regulators have asked a Holmes county common pleas court judge to formally order Stutzman to comply with dairy laws. Stutzman argues that his religious beliefs call for him to share his milk with others. Stutzman believes he was targeted because he is part of an arrangement that skirts the prohibitions on selling unpasteurized milk. His cows are partly "owned" by a group of 150 families in a "herd share" agreement under which all of the owners, for a fee, are entitled to a portion of the milk.

Jehovah's Witnesses Complain About Solicitation Restrictions

In Raynham, Massachusetts, Jehovah's Witnesses are complaining about a requirement that anyone planning to engage in door-to-door solicitation or sales notify the police in advance. Their concerns were publicized in yesterday's Taunton (MA) Gazette. Last month, in a letter to the Board of Selectmen, Paul Polidoro, associate counsel for the Watchtower Bible and Tract Society, argued that applying the notification rule to those engaged in religious activities is unconstitutional. In 2002, the U.S. Supreme Court invalidated a similar policy imposed by an Ohio town. Raynham Police Chief Louis J. Pacheco said that the policy keeps the police from bothering ministers because it allows officials to reassure homeowners who call to complain about strangers wandering in their neighborhood.

Malaysia Court May Rule On Jurisdiction Over Converts

In Malaysia, the Federal Court is expected to rule in the next few days on whether Islamic courts have sole jurisdiction over Muslims who claim to have converted from Islam to another religion, according to yesterday's Boston Globe. In recent months, there have been a number of civil suits in Malaysian courts by converts who are seeking to register their new religious affiliation. Fundamentalists are pressing to make apostasy a capital offense in the country, though it is unlikely that they will succeed. However, on the website of the Prime Minister's Department for Religious Affairs, a Malay-language Frequently Asked Questions section says that apostates should be isolated and counseled, and if they fail to repent they should be jailed. It continues: "If the person remains an apostate, it is left to the respective authorities to impose the fitting sentence that is death."

Settlement-- Maybe-- In Chabad vs. Hollywood, Florida

There always seems to be another shoe to drop in the discrimination lawsuit against Hollywood, Florida brought by a Chabad Congregation and the U.S. Department of Justice after the city removed a special zoning exception that had been granted for operating a synagogue. (See prior postings 1, 2, 3, 4. ) The South Florida Sun-Sentinel and the Miami Herald today reported on the most recent developments.

With a trial date set for today, last Friday Hollywood city commissioners voted to offer to settle the case by allowing the synagogue to stay in its current location for a year while the city rewrote its zoning laws which Judge Joan Lenard had said were unconstitutionally vague. However, Chabad rejected that offer late Friday, and that led to a flurry of negotiations over the weekend. In court this morning, the parties announced a new settlement-- one much more favorable to Chabad. In exchange for Chabad and the Justice Department dropping their suit, Chabad will be awarded $2 million and permitted to operate permanently from inside the two homes in a residential neighborhood that it is now using for a synagogue. It will also be permitted to expand within a city block without ever having to seek a special permit. The city will rewrite its provisions on special zoning permits. City officials -including commissioners- will have to attend special classes on religious land use laws. And the city will agree not to "harass" Chabad in the future.

Judge Lenard received the news of the settlement somewhat grudgingly, since the pool of potential jurors were already at the courthouse. This new settlement has to be voted on by city commissioners on Wednesday. Attorneys representing the city and the city's insurance company called commissioners individually this weekend and got at least four "approvals" for the new agreement, but Mayor Mara Guilianti and others said they were stunned by the new agreement. If commissioners do not approve the settlement on Wednesday, trial of the case will begin on July 6.

UPDATE: It was reported by the Miami Herald on June 29 that with city commissioners poised to reject the settlement wiht Chabad, for the first time city and synagoge officials will meet face-to-face to attempt to negotiate a settlement. The meeting, scheduled for Thursday at 1:00 will include Justice Department attorneys who are flying in to help with the negotiations.

U.S. House Members Debate Concerns Over Palestinian Christian Community

In Washington, members of Congress are expressing concern over the dwindling size of the Palestinian Christian community in the West Bank. However they sharply disagree over whether the cause of the problem is Israel or the Palestinian Authority. This past week's Forward reports that last month House International Relations Committee Chairman Rep. Henry Hyde (R-IL) sent a letter to President Bush, warning that "Israeli actions [in the West Bank] seem to go beyond the realm of legitimate security concerns and have negative consequences on communities and lands under their occupation." A few days later two members Hyde's committee, Rep. Michael McCaul, (R-TX) and Rep. Joseph Crowley (D-NY), circulated to their colleagues a resolution blaming the P.A. for the problem. So far they have obtained 20 co-sponsors. The Resolution asks the President and Secretary of State "to address the condition of minorities under Palestinian Authority rule in order to save from destruction the oldest Christian community in the world." It also urges the State Department to "investigate and report on the extent of human rights violations by the Palestinian Authority" against Palestinian Christians.

Court Orders US To Act On Muslim Scholar's Visa Application

A federal district judge in New York has given the federal government ninety days to act on the visa application of Tariq Ramadan, a prominent Islamic scholar who had been appointed to a faculty position at Notre Dame University. In 2004, just as he was ready to move to the U.S., his visa was revoked without explanation. Notre Dame then reapplied for a visa for him, but the government did not act on the application. This forced Ramadan, a Swiss citizen who is one of the most prominent European thinkers about Islam, to resign his Notre Dame position.

Instead of deciding the First and Fifth Amendment issues raised in the complaint, the court in American Academy of Religion v. Chertoff, (SDNY, June 23, 2006) held that the government has failed to adjudicate Ramadan's via application within a reasonable period of time as required by the Administrative Procedure Act (5 USC 555(b)). The decision is covered by today's Inside Higher Ed.

French Stores Battle Over Sunday Closing Restrictions

The Washington Post yesterday reported on the challenges by French retail stores to regulations prohibiting many places of business from being open on Sundays. Complex regulations permit stores to open on Sundays only if they are in a tourist area and have a cultural, recreational or sports dimension. So far, courts have upheld the regulations. On June 14, an appellate court ordered Usines Center mall outside Paris to close on Sundays. The mall with 140 shops and 600 employees has been operating illegally on Sundays for 20 years. Officials "know the law is old and stupid, and at the same time they don't want to change it, because of Catholic tradition and social issues," said Jean-Patrick Grumberg, president of the mall's association of shop owners.

Supporter Of Islamic State Installed In Somalia

The New York Times reports this morning that in Somalia, Sheik Hassan Dahir Aweys has been appointed the leader of the 88-member Council of the Islamic Courts, the newly formed governing body formed after Islamists ousted governing warlords earlier this month. (See prior posting.) Aweys has been a supporter of making Somalia an Islamic state. In the past he has told followers that God would forgive them for spilling the blood of foreign peacekeepers in the country. He has also said Somalis who hand over their countrymen to American for cash are guilty of "selling us to the Jews."