Saturday, July 15, 2006

Mosque Zoning Decision Unleashes Anti-Islamic Feelings

In Pompano Beach, Florida, the zoning commission’s approval for the Islamic Center of South Florida to build a new mosque has led to ugly confrontations with several black ministers and civic leaders. Rev. O’Neal Dozier, pastor of Worldwide Christian Center near the mosque site, is leading the protests that began at the zoning commission’s June meeting. According to yesterday’s St. Petersburg Times, Dozier says he will file suit if the commission does not rescind its approval of the mosque.

At the June commission meeting, Dozier called Muslims "dangerous," said they were "terrorists." Another black minister warned they would "try to convert young black men." The protest continued at last Tuesday’s commission meeting. Dozier, a former NFL player with a law degree who has been prominent in Republican politics in Florida arrived at City Hall with a "church security force" to protect him from "terrorists." Speaking at the meeting, he said "People in the neighborhood feel less safe knowing Muslims are invading."

Dozier is supported by two other black ministers and four local Jewish supporters, led by Joe Kaufman, founder of "Citizens Against Hate" and the "Republican Jewish Coalition of South Florida." However the Muslim group’s zoning request is backed by Willie Larson, head of Broward County’s NAACP chapter; Andrew Louis, head of the county’s Democratic Black Caucus; and a number of elderly Jewish residents of the Holiday Springs Condominiums who were aided by members of another local mosque after Hurricane Wilma hit last year.

Meanwhile last Monday Florida Governor Jeb Bush, upset with Dozier’s statements, asked him to resign from the judicial nominating committee to which Bush had previously appointed him. Dozier did so, saying “I’m saddened but I’m not giving up the fight.” (See prior posting on Rev. Dozier.)

Friday, July 14, 2006

Kyrzyg Officials Criticized For Welcome To Unification Church

In Kyrgyzstan, the Forum of Young Politicians last month issued a statement criticizing the president and prime minister for their welcome of Unification Church officials to the country. IWPR today reports many observers argue that officials are breaching the separation of church and state in the favoritism shown to the Unification Church's founder Rev. Sun Nyung Moon and his associates. Hak Ja Han, the wife Rev. Moon, arrived in Kyrgyzstan on June 18, and was hosted by leading politicians and academics at a formal ceremony shown on national television. At the event, Han gave certificates conferring the honorary title of 'ambassador of peace' to a district government chief in Bishkek, the head of the Kyrgyz committee of UNESCO, and four university and college rectors. Both Muslim and Orthodox Christian officials in Kyrgyzstan are concerned about the number of converts that outside proselytizing groups are attracting

Evolution Is Issue In August Kansas Primaries

The National Center for Science Education reports today that the issue of teaching evolution remains important in the upcoming August 1 Kansas primaries. Last year, the state school board adopted anti-evolution teaching standards by a vote of 6-4. However, particularly in the primaries for school board, opponents of that decision are pitted against supporters. Major newspapers have focused on candidates' views on science education. It has also become an issue in the gubernatorial primary as a Kansas newspaper asked all seven candidates in the Republican primary a question about teaching intelligent design as part of a candidate questionnaire.

Senate Resolution Marks Upcoming 50th Anniversary of National Motto

July 30 is the 50th anniversary of Congress' formal adoption of "In God We Trust" as the national motto. To commemorate this, on Wednesday the U.S. Senate passed by unanimous consent and sent on to the House of Representatives a Concurrent Resolution, S. Con. Res. 96 (full text). After 15 "Whereas" clauses chronicling the motto's history, the Resolution provides:
Resolved by the Senate (the House of Representatives concurring), That Congress— (1) commemorates the 50th anniversary of the national motto of the United States, ‘"In God We Trust";

(2) celebrates the national motto as— (A) a fundamental aspect of the national life of the citizens of the United States; and (B) a phrase that is central to the hopes and vision of the Founding Fathers for the perpetuity of the United States;

(3) reaffirms today that the substance of the national motto is no less vital to the future success of the Nation; and

(4) encourages the citizens of the United States to reflect on— (A) the national motto of the United States; and (B) the integral part that the national motto of the United States has played in the life of the Nation, before and after its official adoption.

Clergy Resign From Katrina Fund In Protest

After Hurricane Katrina, President George W. Bush asked two former presidents-- Bill Clinton and George H. W. Bush-- to co-chair a private fund-raising effort. They created the Bush-Clinton Katrina Fund which has raised over $100 million in contributions. Some $20 million of those funds were earmarked for churches to assist them in rebuilding damaged houses of worship. An interfaith committee was created to advise the fund on how to distribute monies to churches.

Yesterday the Washington Post reported that the co-chairs of the advisory committee-- Bishop T.D. Jakes and the Rev. William H. Gray III-- have resigned. A third committee member, Rev. William J. Shaw, resigned last week end. Some reports say that 8 of the 9 advisory committee members have submitted resignations. The advisory committee says that the staff of the Fund is ignoring their recommendations. Gray said that the board and staff would concur with the committee's recommendations in meetings, but then would act in the opposite way. Jakes and Shaw resigned when the staff refused to explain why, without committee knowledge, they sent $35,000 to a church that had not been inspected to determine its need.

Recent Books Of Interest On Religion and Politics

Here are a number of recent books on religion and politics:

Patrick M. Garry, Wrestling With God: The Court's Tortuous Treatment of Religion ,(Catholic University of America Press, May 2006).

Jonathan Bartley, Faith And Politics After Christendom: The Church As A Movement for Anarchy, (Paternoster Press, Sept. 2006).

Dan Wakefield, The Hijacking of Jesus: How the Religious Right Distorts Christianity and Promotes Prejudice and Hate, (Nation Books, March 2006).

Robin Meyers, Why the Christian Right Is Wrong: A Minister's Manifesto for Taking Back Your Faith, Your Flag, Your Future, (John Wiley & Sons, May 2006).

Shmuel Bar, Warrant for Terror : The Fatwas of Radical Islam, and the Duty of Jihad , (Rowman & Littlefield Publishers, Inc. , April 2006).

Thursday, July 13, 2006

Sikh Transit Employee Protests Use Of His Photo

According to today's New York Sun, a Sikh employee of the New York Transit Authority is objecting to the use of his photo in a Transit Authority dress code bulletin. Trilok Arora is shown wearing an MTA logo on his turban, as required by Transit authority rules. However, Arora objects to having to do this and, with four other employees, last year filed suit to challenge the logo requirement. The Justice Department, which is also suing to challenge the MTA's dress code, has asked New York federal Magistrate Judge Marilyn Go to order the MTA to remove Arora's photo from the bulletin. Arora, 68, plans to retire in two years. Until then, he says he will wear his MTA logo only when a supervisor orders him to do so.

Seizure of Marijuana Does Not Violate Religious Freedom

In Loop v. United States, 2006 U.S. Dist. LEXIS 46636 (D. Minn., June 30, 2006), a Minnesota federal district court held that the religious freedom of Dennis Loop, a Rastafarian, was not infringed when federal marshals seized his brass marijuana pipe, wooden marijuana case, and a small amount of marijuana as he went through a metal detector in order to enter the federal courthouse in Minneapolis. The court rejected Loop's First Amendment and RFRA claims, finding that while marijuana is essential to Loop's religious practice, he did not show any burden in having to leave it at home during brief visits to the court house. The magistrate's recommendation, which was accepted by the judge, is at 2006 U.S. Dist. LEXIS 46635 (D. Minn., March 29, 2006).

Amish Farmer's Beliefs Not Infringed By Milk Regulations

In Millersburg, Ohio, a state trial court judge has ruled that an Ohio law prohibiting dairy farmers from selling unpasteurized milk does not violate an Amish farmer's religious beliefs. Farmer Arlie Stutzman had argued that his religious beliefs call for him to share his milk with others. (See prior posting.) Yesterday's Akron Beacon-Journal reports that Holmes County Common Pleas Court Judge Thomas D. White ruled that Stutzman may give unpasteurized milk to people in need, but he may not accept donations for it. He said that Stutzman had "produced no evidence that his religion compels him to make money from feeding the hungry." White also rejected Stutzman's entrapment argument. The case against Stutzman was brought after he sold mild to a state Department of Agriculture undercover agent.

Suit Seeks Identity of Bloggers Who Claimed Abuse by Rabbi

Public Citizen last week announced the filing of two motions in a pending California case in which Rabbi Mordecai Tendler, who was accused of sexually propositioning women who came to him seeking spiritual guidance, is trying to force Google to disclose the identities of four anonymous bloggers. (Full text of motions 1, 2.) Concerned about First Amendment issues, Public Citizen is urging the court to adopt a balancing test for these kinds of cases.

Tendler, who denies the charges against him, has been expelled from the Orthodox Rabbinical Council of America and was later sued for sexual harassment a former congregant. He is seeking to learn the identities of four bloggers who wrote about his case on: rabbinicintergrity.blogspot.com/, jewishsurvivors.blogspot.com/, jewishwhistleblower.blogspot.com/ and newhempsteadnews.blogspot.com. Tendler claims that defamatory materials about him have been posted. A report in today's Forward says that blogs and message boards are increasingly being used by Orthodox Jewish women to report allegations of sexual misconduct by rabbis.

Malaysia's School No-Turban Rule Upheld

On Wednesday, Malaysia's highest court-- the Federal Court-- upheld the Education Ministry's rule that bars the wearing of a turban as part of one's school uniform during school hours. New Straits Times reports on the suit that was filed on behalf of three Muslim brothers who had been expelled from school for refusing to remove their turbans. They claimed that the no-turban rule is unconstitutional, but the court said that wearing a turban is not a mandatory requirement of Islam. The court also pointed out that students can still wear turbans outside of school, and even in school can wear them in the prayer room. In its decision, the Court praised the Government's moves to preserve Malaysia’s multi-racial and multi-religious make-up.

Ohio Science Education Standards Again Challenged

Apparently some members of Ohio's state board of education are planning to try again to change the science instructional standards in Ohio schools. Americans United for Separation of Church and State said yesterday that board member Colleen Grady last month urged the Board of Education’s Achievement Committee to give 10th-grade science teachers guidance on teaching evolution and other "controversial" issues such as global warming, cloning and stem-cell research. This week, Americans United filed a request under the Ohio open records law asking for copies of the Grady proposal as well as all related documents. Earlier this year, the Ohio board, after a long battle, rejected changes that would have urged criticism of evolutionary theory in science classes. (See prior posting.)

Wednesday, July 12, 2006

Sikh Funeral Pyre In Britain May Have Violated Law

In Northumberland yesterday, Rajpal Mehat, an Indian-born Sikh who drowned several months ago in London, was cremated on the first religious funeral pyre in Britain in modern times. The Guardian reports that police are now investigating the funeral, claiming that the ceremony may have violated the Cremation Act that they say prohibits the cremation of human remains anywhere except in a crematorium. Northumbria police reluctantly permitted the ceremony to proceed, not wanting at the time to further upset a grieving family. Davender Ghai, president of the Anglo-Asian Friendship Society says that the Cremation Law does not forbid religious funeral pyres. (Backgound on Sikh funerals.)

Ohio Now Requires School Display of Donated US or State Motto

Ohio's Governor Bob Taft yesterday signed Sub. H.B. 184 which requires school districts that receive donated copies of the mottoes of the United States ("In God We Trust") or the State of Ohio ("With God, All Things Are Possible") to display them in school buildings. The requirement also applies when funds are donated to purchase copies of either motto. The law sets out design requirements, and permits school boards to adopt alternative designs.

NY Appellate Court Dismisses Satmar Case As Involving Doctrinal Dispute

In a much-watched case, yesterday a New York state appellate court dismissed a suit between two factions of the Orthodox-Jewish Satmar Chasidic community. The two sons of recently deceased grand rebbe Moshe Teitelbaum are engaged in a long-running battle for control over millions of dollars of property belonging to the 100,000 member group. This piece of the dispute involved the question of who was the properly elected president of the Satmar's congregational board in Williamsburg, and whether the grand rebbe had the authority to remove a president of the congregation. (See prior postings, 1, 2.) According to a report in today's New York Sun, the appellate court sitting in Brooklyn ruled that "Resolution of the parties' dispute would necessarily involve impermissible inquiries into religious doctrine and the congregation's membership requirements."

A dissent by Judge Robert Spolzino argued that "the by-laws of the congregation here provide the neutral principles of law upon which the authority of the grand rebbe with regard to the corporate governance of the congregation can be determined."

This decision continues the current balance of power in the Satmar community, with the Williamsburg group led by Rabbi Zalmen and the Kiryas Joel faction led by Rabbi Aaron.

UPDATE: Here is the full opinion in In re Congregation Yetev Lev D'Satmar, Inc., v. Kahana, (App. Div., 2nd Dept., July 11, 2006). There was a companion decision in Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D'Satmar, Inc., (App. Div., 2nd Dept., July 11, 2006), that challenged the transfer of a 50% interest in the Williamsburgh congregation's cemetery to the Kiryas Joel congregation. The court held: "The transfer ... is ... bound with this leadership dispute and it is clear that, at least in part, it was made to advance the interests of one of the competing Satmar factions and not to advance religious or charitable objects generally. Under these circumstances it cannot be said that the transfer was in the best interests of the Brooklyn Congregation and accordingly we decline to exercise our discretion to approve it, thereby restoring the status quo ante." Judge Spolzino concurred in the result. [Thanks to Steven H. Sholk for the lead.]

Court Upholds School Fees For Good News Club

In Child Evangelism Fellowship of South Carolina v. Anderson School District 5, 2006 U.S. Dist. LEXIS 46298 (D. SC, July 7, 2006), a federal district court in South Carolina upheld a school district's policy on charging fees for use of school facilities by groups running after-school programs. Child Evangelism Fellowship (CEF) applied to use school facilities for the Good News Club, a Bible and religious education program for elementary school children. The school informed CEF that it would be required to pay a rental fee. CEF argued that this discriminated against it on the basis of its religious viewpoint and the content of its message. Even though other groups offering after-school programs , such as the scouts and the YMCA, came within the school's fee waiver policy, the court held that the District had valid reasons for treating CEF differently, and that administrators had not applied school policy in a discriminatory manner.

Free use was permitted for school-related organizations, organizations offering joint programs with the school, and, in the original version of the policy, others where the school found a fee waiver to be in the school's best interest. After suit was filed against it, the District eliminated the waiver provisions, but grandfathered in free usage for groups that had been using school facilities in the past. The court found these to be valid classifications, and rejected CEF's free speech, free exercise, equal protection and establishment clause arguments.

In deciding the case, the court also dealt with standing, mootness and 11th Amendment arguments.

Tuesday, July 11, 2006

Ohio Charity Rule Amendments Will Impact Faith-Based Groups

Interested parties have until July 28 to file comments on Proposed Rules Changes for charitable organizations issued by Ohio Attorney General Jim Petro on June 30. The Attorney General's Fact Sheet says: "Faith-based organizations that are not closely controlled by churches, including many hospitals and a few nursing homes, would be required to file an annual report under the new rules. However, the rules would clarify that churches and strictly religious organizations remain exempt from registration."

An accompanying press release explains that "the rules are aimed at reducing the potential for problems such as excessive executive compensation and expense reimbursements by charities and hospitals, or conflicts of interest in business contracts let by governing boards... The proposal is also designed to foster best practices by charitable hospitals and other proprietary charitable organizations in billing, collection, and charity care, and to set standard guidelines in Ohio for reporting how charitable organizations benefit the community so the public can make meaningful comparisons of their charitable activities. [It requires] ... larger charitable organizations to either adopt a set of policies prescribed in the rules or publicly disclose their board-approved conflicts of interest, whether they have allowed insiders to approve their own compensation, all payments to board members by the charity, insider loans, and the like."

Rabbinic Court Challenges Israel's Supreme Court

In Israel today, the Jerusalem Post reports that another chapter has begun in the struggle between rabbinic courts and civil courts over the extent of their respective powers. Two months ago Israel's Supreme Court, rejecting a ruling of the High Rabbinic Court, ruled that a rabbinic court could not permit a husband in a divorce case to present a video of his wife's sexual exploits because it violated the wife's privacy rights. However now three judges on Netanya's regional rabbinic court have ruled that the video can be used to force the unfaithful wife to accept a writ of divorce (get). The rabbis held that under Jewish law, the husband is obligated to divorce his wife after viewing the content of the video even if the video was obtained illegally. In the past few months the rabbinic courts have launched an aggressive offensive after an April Supreme Court ruling curtailing rabbinic courts' jurisdiction over monetary matters.

Suit In Dominican Republic Challenges Concordat With Vatican

In the Dominican Republic today, representatives of the more than 1,600 evangelical churches rallied in front of the Dominican Supreme Court filed an appeal challenging the country's agreement with the Vatican-- known at the Concordat-- according to a report from Dominican Today. The suit claims that the Concordat conflicts with constitutional protection of freedom of conscience and religion. (Dominican Constitution.) The Concordat, signed in 1954, gives the Catholic Church special privileges not granted to other religious organizations, including the use of public funds to underwrite some church expenses and a waiver of customs duties when importing goods. (Background.)

Ohio Governor's Race Focuses On Christian Voters

Ohio's race for governor this year promises to be a battle between two candidates, Watch of whom is appealing strongly to Christian voters. The Associated Press reports this morning that Democratic candidate Ted Strickland, a former United Methodist minister, has just bought extensive advertising on Christian talk, gospel and other religious stations in communities around the state that have traditionally been the territory of his Republican opponent, Kenneth Blackwell who has been backed by the conservative Christian Ohio Restoration Project. (See prior posting.) In his new ad, Strickland quotes a passage from the Biblical book of Micah, that calls for people "to do justice, to love kindness and to walk humbly with our God." He says he has applied the principle throughout his life, and continues: "And now I am running for governor because most Ohioans know that we are not doing as well as we should. Ohio is in desperate need of new leadership and the same biblical principles which have guided and instructed me in the past will continue to sustain me as I serve as Ohio's next governor."

After the Blackwell campaign accused Strickland of having a record of voting against issues that are important to Christian conservatives, Strickland's campaign spokesman said that Strickland opposes using religion "to divide Ohioans against one another".