Moderates Will Regain Control Of Kansas School Board

The Kansas City Star reports that in yesterday's Kansas State Board of Education primary election, it appears that two moderate Republicans who favor teaching a conventional science curriculum have defeated two current conservative board members who favor teaching of intelligent design. Five board seats were at issue. In the other three races, incumbents (2 conservative Republicans and one moderate Democrat) held onto their seats. These results assure that moderates will win a majority on the Board in the November general election. Last year by a 6-4 vote, the conservative majority on the Board adopted science standards that favor teaching approaches that are critical of evolution. Here are the official results from the Kansas Secretary of State's office.

RLUIPA Claim and Constitutionality Upheld By 9th Circuit

Yesterday in Guru Nanak Sikh Society of Yuba City v. County of Sutter, (9th Cir., Aug. 1, 2006), the U.S. 9th Circuit Court of Appeals ordered Sutter County, California to issue a Sikh temple a conditional use permit to permit the construction of a temple on a parcel of land zoned as "agricultural". The county had denied permits twice, under conditions that significantly lessened the prospect that the group would be able to find any acceptable location. The court found that the county thereby imposed a substantial burden on Guru Nanak's exercise of religion in violation of RLUIPA. The Court also held that RLUIPA's religious land use provisions are a constitutional exercise of Congress' powers to enforce the 14th Amendment, saying "RLUIPA is a congruent and proportional response to free exercise violations because it targets only regulations that are susceptible, and have been shown, to violate individuals’ religious exercise." Today's Marysville-Yuba City Appeal Democrat covers the decision. [Thanks to Anthony Picarello via Religionlaw listserv for the information.]

Senate Passes Mt. Soledad Cross Bill Giving Title To U.S.

By unanimous consent on Tuesday, the U.S. Senate approved the bill-- previously passed by the House-- to transfer to federal control the land on which the Mount Soledad war memorial cross stands. Yesterday's San Diego Union-Tribune reports on the Senate's quick action, and says that President Bush is expected to sign the law. Under the bill, the Department of Defense will manage the monument and the private Mount Soledad Memorial Association will continue to maintain it. Federal courts have ordered the cross removed, finding that it violates California's constitution. Proponents argue that the federal government has greater leeway. And while a federal court has found the cross to be a violation of the California Constitution and a state court has held that it would be a violation of the California Constitution for San Diego to transfer the cross to the United States, this new bill has the United States take title without the city taking any action to transfer it. Last month, U.S. Supreme Court Justice Anthony Kennedy issued a stay of the lower federal court's order to remove the cross, pending final adjudication of pending appeals. [CORRECTED]

Former FLDS Member Sues Police Officers Allegedly Controlled By Church

In Salt Lake City, Utah federal court, Andrew Chatwin, a former member of the Fundamentalist Church of Jesus Christ of Latter Day Saints, has filed a civil rights suit against three police officers from the twin cities of Hildale, Utah- Colorado City, Arizona. Details of the suit were reported yesterday by the Associated Press. Chatwin built his home in Hildale in 1992, but when he left the FLDS church, he turned it over to his father. Chatwin then tried twice to move back, but was blocked by police or family members who said they were acting on orders from former church leader Warren Jeffs. Chatwin argues that the cities' governments are under control of the church. Property and homes in the cities have been the community property of the church's United Effort Plan Trust. Church elders assigned vacant lots to FLDS men who then built their homes on them, but were not given deeds. Church leaders have also traditionally ordered families in and out of homes based on their obedience to church tenets, which include the practice of polygamy. Chatwin wants the court to award him damages and the deed to his house.

ACLU, Fox News, and Religious Expression

There is an interesting video posted on YouTube that critiques coverage of the ACLU by Fox News' Bill O'Reilly. The video contrasts O'Reilly's statements criticizing the ACLU for supposedly opposing all religious expression on public property with O'Reilly's statements equally criticizing the ACLU for defending expression by Fred Phelps' Westboro Baptist Church group that is picketing veterans' funerals. The video is titled Fox News Forgets ACLU Story Contradicts Fox Falsehood. [Thanks to Allen Asch via Religionlaw listserv for the information.]

Lawyers Ask India's Supreme Court To Change Temple Rules

In India, the Indian Young Lawyers Association (IYLA) and a group of women lawyers have filed a petition in the Supreme Court asking for it to order the government of Kerala and the head priest Tantri of Sabari Mala temple to permit women to freely enter the shrine. United News of India reported on Sunday on the lawsuit that was triggered by a controversy after film actress Jayimala said she had entered the temple and touched the deity. (See prior posting.) The Supreme Court petition claims that current restrictions on women between the ages of 10-50 entering the temple violate Articles 14, 15, 25 and 51A (e) of India's Constitution.

Charges Dismissed Against Street Preacher In Kansas City

In Kansas City, Kansas, officials have decided to drop criminal trespass charges of against Michael Wheeler who was arrested for preaching about his Christian beliefs and praying on a public sidewalk near the University of Kansas Medical Center. After being issued a warning, Wheeler was ticketed and spent 6 hours in jail. An Alliance Defense Fund release discusses the case and links to a copy of Wheeler's motion in Kansas City Municipal Court to dismiss the charges against him on First Amendment grounds.

Christians In China Continue Battles With Authorities

A number of reports are coming out of China regarding restrictions on Christian worship. Last week, Christian Newswire reported that on July 25, four well-known House Church Leaders in Sichuan were formally sentenced to 2 years "re-education through Labor". Also a number of actions have been taken against house churches in Wendeng City, including the arrest of worshippers.

Today a Reuters report carried in the Washington Post says that 3,000 Christians demonstrated against police in Hangzhou as authorities moved to tear down their newly-built church that had been constructed without official approval. Two people who were involved in the construction were arrested. The church was located in an industrial suburb where a commercial center was to be built. A local official said that the Christian group had been offered another nearby piece of land for their use. Today's New York Sun also covers the clash between police and church members, and presents a good deal of background information.

Sharia Law In Indonesia

Today's New York Times reports at some length on the administration of Sharia law in the Indonesian province of Aceh, the first province to adopt Islamic law as its civil law. Special Sharia courts to impose punishment such as caning have been operating for a year in Aceh. Now some of the other provinces in Indonesia are beginning to look to Aceh as an example. This threatens to change the traditional rather liberal interpretation of Islam that has prevailed in Indonesia.

Meanwhile in Jakarta, two of the five candidates for governor have promised that they will oppose any Sharia based laws in the capial city if they win next year's election. Today's Jakarta Post says that the 3 other candidates for governor did not participate in the debate where the statements were made.

How Churches Can Stumble Into Political Contributions That Violate the Tax Code

On July 19, Americans United for Separation of Church and State wrote to IRS officials asking them to investigate the Calvary Temple Church in Kerrville, Texas. (AU Release). Texas Ethics Commission reports disclosed that the congregation donated $1,000 to the Kerr County Republican Party on May 12, 2005, and $250 in 2003 and 2004. Last Friday, BNA's Daily Report For Executives [subscription required] interviewed the church's pastor, Del Way, who said that he had not intended to support a Republican Party candidate when he paid for an advertisement for "Golf Classics", a golf tournament sponsored by the local Republican Party. He said that the church also sponsors other community events, and several parishioners asked him to sponsor the golf tournament. Church officials saw it as a way of giving the church visibility. The problem was not caught by the church's outside auditor because the check was made out to the tournament, not to the Republican party. Americans United Executive Director Barry Lynn told BNA: "If you know it's a Republican entity and the purpose of the tournament is to raise money to elect Republicans, how can you not know what the money is going for?" Pastor Wey has asked the Kerr County Republican Party to return the funds.

British Court Awards Damages to Permit Religious Observance

A British court has awarded damages to the family of a Muslim woman in a persistent vegetative state for home care instead of nursing home care so that she can be provided with the religious regimen that she would have wanted. Today's Telegraph reports that even though it costs 70% more, this award by the London High Court will permit her devout family to share daily prayers and reciting of the Koran with her without having to travel extensive distances to visit her.

Texas City Says It Has Too Many Churches

Stafford, Texas has 51 tax exempt churches and religious institutions in its seven square mile boundaries. With no property tax, the city depends on business fees and sale taxes for revenues that churches do not produce. Today's Los Angeles Times reports that the city is looking for ways to keep more churches out of its remaining 300 undeveloped acres. Most who attend churches in Stafford live in Houston and elsewhere outside the city. Until an ordinance was passed in 2003, there was virtually no review of applications to build churches. City Councilman Cecil Willis said that when he asked the last 15 churches that located in Stafford why they chose the location, they replied that they had prayed about it and God told them to located there.

Recent Law Review Articles

From SSRN:

• William A. Wildhack III, Navy Chaplains at the Crossroads: Navigating the Intersection of Free Speech, Free Exercise, Establishment, and Equal Protection , 51 Naval Law Review 217 (2005).
  
• Jamie Darin Prenkert & Julie Manning Magid, A Hobson's Choice Model for Religious Accommodation , 43 American Business Law Journal, No. 3 (2006).

From SmartCILP:

• William B. Ewald, The Protestant Revolutions and Western Law (Reviewing Harold J. Berman, Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition), 22 Constitutional Commentary 181-196 (2005).
  
• Christopher B. Harwood, Evaluating the Supreme Court's Establishment Clause Jurisprudence In the Wake of Van Orden v. Perry and McCreary County v. ACLU, 71 Missouri Law Review 317-366 (2006).
  
• Paul Heaton, Does Religion Really Reduce Crime?, 49 Journal of Law & Economics 147-172 (2006).
  
• Thomas M. Messner, Can Parachurch Organizations Hire and Fire On the Basis of Religion Without Violating Title VII?, 17 University of Florida Journal of Law & Public Policy 63-106 (2006).
  
• Elijah L. Milne, Blaine Amendments and Polygamy Laws: The Constitutionality of Anti-Polygamy Laws Targeting Religion, 28 Western New England Law Review 257-292 (2006).
  
• Daniel F. Piar, Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, and Civil Liberties In Nineteenth Century America. 14 William & Mary Bill of Rights Journal 987-1022 (2006).

The Spring 2006 issue of the Journal of Church and State has recently been published.

Prisoner Free Exercise Decisions

In Scible v. Miller, 2006 U.S. Dist. LEXIS 51002 (ND WV, July 25, 2006), a West Virginia federal court rejected a Rastafarian prisoner's complaint that prison grooming policies requiring hem to cut his hair violated his rights to free exercise of religion.

In Davis v. Basting, 2006 U.S. Dist. LEXIS 50787 (WD KY, July 19, 2006), a Kentucky federal district court permitted a prisoner to move ahead with his claims that he should be permitted to receive a Halal diet and attend religious services and his claims of retaliation against him because of his religion.

Debate In Evangelical Movement Over Political Ties

A front-page New York Times article today profiles Rev. Gregory A. Boyd who leads a 4000-member megachurch in suburban St. Paul, Minnesota. Boyd has created a stir among his members and others by urging the church to get out of politics, stop moralizing on sexual issues, stop claiming he United States is a "Christian nation" and stop glorifying U.S. military actions. The Times says that this is "an example of the internal debates now going on in some evangelical colleges, magazines and churches. A common concern is that the Christian message is being compromised by the tendency to tie evangelical Christianity to the Republican Party and American nationalism, especially through the war in Iraq."

Chicago Area Church Challenges Zoning Exclusions

Waukegan, Illinois officials, apparently as part of an urban revitalization effort, have begun to enforce city zoning laws that prohibit places of worship and religious organizations in areas zoned for business. Last Monday, God's Hand Extended Mercy Mission filed suit against the city in federal court seeking a declaration that this exclusion of religious groups violates the Constitution's free exercise and equal protection clauses. Suburban Chicago News reports that on Wednesday attorneys for both sides agreed to discuss other possible sites for the Mission that has operated in its current location for at least 18 years. The court is expected to issue an order suspending penalties against the Mission for 30 days while negotiations are going on, even though the city has already issued a formal order requiring the Mission to relocate by July 21.

UPDATE: Here is a copy of the court's order prohibiting enforcement of the zoning ordinance for 30 days, from Alliance Defense Fund.

Religious Liberty In Asia, Europe Surveyed; Turkey Revises Teachers' Training

Zenit continues to publish excerpts from the report by Aid to the Church In Need on religious freedom around the world. The latest installments cover Asia (1, 2, 3) and Europe (1, 2). (Also see prior postings 1, 2).

The complexities in parts of Europe are illustrated by a story out of Turkey earlier this week reported by AKI. Turkey's secular Higher Board of Education (YOK), which previously moved the training of public school religious teachers from the theology to education departments of universities, has now announced plans for curriculum revision. University programs training teachers to offer courses in religion in Turkey's primary schools will focus less on Islam. A number of courses on Islam have been removed and the time spent on Arabic language instruction has been reduced. In their place, required courses in philosophy, sociology, music, computers, Christianity and missionary activities have been added. Turkey's union of teachers has strongly criticized the changes.

Anti-Conversion Laws In India

Anti-conversion laws are not new in various states in India. (See prior posting.) But recently they have again captured the attention particularly of Christians around the world. For a while, Indian states seemed to be moving to reject or repeal these laws (see prior postings 1, 2 ). But last week, the Madhya Pradesh Legislative Assembly amended its Freedom of Religion Act of 1968 that prevents religious conversions by force or inducement. The new law requires all parties involved in a proposed conversion to inform a magistrate one month in advance. The conversion will be permitted only if the magistrate, after investigation, is satisfied that the conversion is not under duress or by deceit.(AsiaNews.it; India News). London's Sunday Times today personalizes the impact of the new law, focusing on Christian missionaries who have been working with Dalits (untouchables) who feel that their traditional Hindu religion has treated them unfairly. It suggests that at most the problem is some missionaries who tell Indians that God will heal their illnesses. The archbishop of Bhopal seems to be one of the few Christian authorities who is not upset by the new law. (Inida eNews.) [REVISED]

Members of the U.S. Congress have also begun to take notice. On July 21, the Congressional Human Rights Caucus held a briefing on Anti-Conversion Legislation in India. One of the presenters (full text) was the The Becket Fund's Angela Wu.

Free Exercise Challenge Planned In Ban On Feeding Homeless In Parks

According to Reuters yesterday, the ACLU of Florida may challenge on behalf of religious organizations a new Orlando ordinance that prohibits the regular feeding of homeless people in downtown parks. Passed earlier this week, the new law is attempting to protect an area of downtown that is undergoing renewal with the construction of condos, office buildings and university campus buildings. The city, however, has set aside other nearby space for food programs. Howard Simon, director of the Florida ACLU said that the new law interferes with religious groups' fulfilling their mission of feeding the homeless. Before filing suit, the ACLU is organizing a coalition of churches to attempt to negotiate a settlement with the city.

Times Tells Of Incidents Behind Delaware School District Lawsuit

Earlier this month, Religion Clause reported on the continuing controversy in the Indian River, Delaware School District over school prayer and the promotion of Christianity in the school system. (See prior posting.) Today’s New York Times carries an excellent article on the exact events that led the Dobrich family—which has now moved out of the district—to file suit in 2004. At Samantha Dobrich’s high school graduation, a minister's prayer proclaimed Jesus as the only way to truth. Samantha's mother, Mona Dobrich, then asked the school board to consider more inclusive prayers for graduation. That led to letters to the editors and school board meetings attended by hundreds carrying signs praising Jesus. A radio talk show host said that people were asking the Dobrich's to "Stop interfering with our traditions, stop interfering with our faith and leave our country the way we knew it to be." Dobrich’s son, Alex, was ridiculed for wearing a yarmulke in school. A classmate drew a picture of a pathway to heaven for everyone except "Alex the Jew". At a school board meeting, one speaker from the community said, "If you want people to stop calling [Alex] 'Jew boy', you tell him to give his heart to Jesus."