Canadian Court Rejects Church's Tax Discrimination Claim

In Vancouver, a British Columbia judge has ruled against a Jehovah's Witnesses congregation that claimed it was being discriminated against when it was taxed on the property surrounding its church building. Wednesday's Globe and Mail reports that in 2003 municipalities in British Columbia were given new powers to tax property around a place of worship, while the church building itself remains exempt. The Jehovah's Witnesses congregation in Coquitlam is the only congregation, so far, to have to pay the new tax. The congregation that had been fully exempt from property taxes for 35 years had to build a new Kingdom Hall when some of its land was taken by the province to widen a road. Madam Justice Carol Ross ruled that the only burden created by the tax is indirect and not substantial. However, she sent the case back to the city for reconsideration because she ruled there was a lack of procedural fairness in the consideration of the Church's request for a tax exemption.

UN Official Assesses Religious Freedom In Maldives

The United Nations Special Rapporteur on Freedom of Religion, Asma Jahangir, on Wednesday completed a visit to the Maldives. She welcomed enactment of the country's new Law on the Human Rights Commission but said that it does not meet the requirements of the 1981 UN Declaration on the Elimination of All Forms of Intolerance and Discrimination because the law requires that all Commission members be Muslim. (All residents of the Maldives are Muslim.) (Minivan News.) She said that in her report to the U.N. Human Rights Council, she will recommend that Maldive prisons be more religiously sensitive to the spiritual and dietary needs of foreign prisoners. (U.N. Press Release; Jahanigir's Press Conference Statement). However, according to Minivan News, Maldives Justice Minister Mohamed Jameel strongly criticized the U.N. official's visit, saying: "I have been told that she is asking people why this is not allowed in Islam and why that is not allowed in Maldives. It's because of her attitude that I am condemning her visit. I condemn anyone who comes to Maldives under the shadow of human right activists while challenging the Islamic unity in Maldives. It doesn't matter even if it is the United Nations or any other organization."

Buddhist Temple Sues California City For Use Permit

In Garden Grove, California, Quan Am Temple, a Buddhist congregation, has sued under the First Amendment and RLUIPA to obtain permission to use a one-story building it bought two years ago as a house of worship. It also wants permission to then build a temple on the site that is zoned for office use. According to today's Los Angeles Times, the congregation has 15 monks and nuns, plus 250 to 600 congregants. The city's Planning Commission and City Council have rejected the congregation's request to use or build on the site for a temple, concerned about noise and traffic. Suing on behalf of the congregation, the ACLU of Southern California argues that the city has routinely allowed non-religious non-profits to locate in commercial areas. The congregation has even offered to voluntarily pay property taxes if it is allowed to build on the site.

Regulations Issued Under Serbia's New Religion Law

In Serbia on July 26, Religion Minister Milan Radulovic issued regulations implementing the country's recently enacted Religion Law. Forum18 says that the new regulations are inconsistent with provisions of the statute, raising from 75 to 100 the number of members a religious organization needs in order to be registered. The new regulations leave unclear what rights unregistered religious organizations will have.

History Of Witness Oaths

Reporting a story about a 20-year old art student convicted of graffiti vandalism, who was also held in criminal contempt for refusing to take the oath as a witness, today's Pittsburgh Post-Gazette carries an interesting article on the form of the oath that witnesses are required to take. Pennsylvania's oath calls for the potential witness to "swear by Almighty God, the Searcher of all hearts". The article reviews much of the history of oaths and objections to them over the years.

California Proposal To Fund Historic Missions Stalls

The Oakland County Register yesterday reported that a proposed amendment (SCA 32) to the California Constitution to permit state funds to be used for the upkeep of historic missions stalled in the legislature this week. Senate Judiciary Committee Chairman Joe Dunn has raised church-state questions about the provision of state money to institutions where religious services are frequently held. In February, California's attorney general issued an opinion stating that funding would violate the state's current constitution. (See prior posting.)

Coast Guard To Change Religious Head Covering Policy

The Associated Press reports today that the Coast Guard has finally decided to change its rule prohibiting religious head coverings. The new rules, which "have verbally gone into effect" but have yet to be formally adopted, permit head coverings that fit under a uniform hat or helmet. However, to be permissible the headwear cannot bear bright colors, writing, pictures or symbols. This will permit skullcaps, but will exclude Sikh turbans. Further background is in a prior posting.

University Of Wisconsin Refuses To Recognize Student KofC Group

The University of Wisconsin-Madison has refused to give formal recognition to the Knights of Columbus as a student organization. The University says that the Catholic men's organization violates university rules that prohibit student organizations from discriminating on the basis of religion, as well as a requirement that student organizations be student controlled. Today's Chicago Tribune says that the Alliance Defense fund has written the University demanding that it stop applying non-discrimination requirements to Christian student groups. The university says that its policies do not violate a 7th Circuit ruling last month granting a preliminary injunction forcing Southern Illinois University to recognize the Christian Legal Society.

UPDATE: The University of Wisconsin announced that it reached an agreement with the Knights of Columbus yesterday to create a student group open to all students that will be recognized by the University in time for the beginning of Fall semester.

UPDATE: On Thursday, the faculty adviser to the Knights of Columbus denied that an agreement had been reached with the University of Wisconsin.

UPDATE: Later on Thursday, the University apologized for its erroneous announcement of an agreeement with K of C. (Gazette Extra).

Court Rejects Free Exercise Defense To Child Support Order

A Washington state court of appeals this week in a child support case rejected a father's claim that as a church "missionary," he did not have an income and had taken a "vow of poverty" that precluded him from accepting paid employment. The court held that the state's child support laws are neutral laws of general applicability, and their enforcement does not violate the father's First Amendment's free exercise rights. The case is In re Didier, (Ct. App. Wash., Aug. 8, 2006).

City Gives Church Use Permit To Avoid Lawsuit

Antioch, California city council voted on Tuesday to grant a use permit to the congregation of La Palabra de Dios to move its church to a location within a planned arts and entertainment district. Today's Contra Costa Times says that council members agreed only reluctantly in order to avoid the cost of defending a federal lawsuit under RLUIPA that was threatened by church attorneys if the permit was refused. Lawyers for the church say the city was unfairly criticizing the congregation, arguing that the city's redevelopment plan for the area had not been successful.

Court Refuses To Dismiss Suit By Christian Schools Against UC

The Los Angeles Times reports that a California federal district court yesterday rejected the University of California's motion to dismiss the suit against them by Calvary Chapel Christian School of Murrieta, several of its students and an association of Christian schools. The suit alleges religious discrimination, as well as free speech and association claims, because the University refuses to recognize certain high school courses in science, English and history taught from a Christian religious perspective taken by college applicants. While the court agreed to dismiss claims against several university administrators in their individual capacities, it permitted plaintiffs to proceed with their First Amendment claims against the University. (See prior posting.)

En Banc Review To Be Sought In O'Hare Case

The Arlington, IL Daily Herald reports that trustees from both Bensenville and Elk Grove Village, Illinois on Tuesday decided to seek an en banc rehearing in the DC Circuit in Village of Bensenville v. Federal Aviation Commission. Earlier this week, the cities lost a bid to block the expansion of O'Hare Airport in a challenge under the Religious Freedom Restoration Act to the moving of a cemetery as part of the airport expansion. (See prior posting.)

New Jersey Supreme Court Expands Sexual Abuse Liability Of Charitable Organizations

In a 5-1 decision yesterday, the New Jersey Supreme Court in Hardwicke v. American Boychior School, (Aug. 8, 2006) held that New Jersey's Charitable Immunity Act only bars claims based on simple negligence, and not those based on intentional, reckless or grossly negligent conduct. The court went on to hold that under the state's Child Sexual Abuse Act that a boarding school can be a passive abuser standing in loco parentis in the household. It held that the state's relaxed statute of limitations in child abuse cases applies to common law as well as statutory claims, and that an employer can be held vicariously liable for child abuse by its employees. Jurist reports on the case.

State Judge Admonished For Infringing Muslim Woman's Rights

Washington state's Commission on Judicial Conduct has reprimanded Tacoma Municipal Court Judge David Ladenburg, who ejected a Muslim woman from his court room after she refused to remove her headscarf. Yesterday's Seattle Times reports that the Commission found Ladenburg created an appearance of bias by his actions, and issued an "admonishment" to him. Ladenburg subsequently apologized to the woman. (See prior posting.) The Commission's full opinion issued on Aug. 4 says that the evidence showed no actual bias or prejudice by Ladenburg, but instead merely a mistake of law about the individual's free exercise rights. It said: "A judge's honest but mistaken application of the law does not usually result in judicial discipline. Here, however, Respondent failed to consider settled law, which resulted in a courtroom practice that infringed upon constitutional rights and created an appearance of bias. Accordingly, Respondent's actions rise to the level of sanctionable conduct." In the disciplinary proceeding, Ladenburg agreed not retaliate against anyone involved in bringing charges against him. He also agreed not to repeat his conduct, to study the judicial conduct rules and to take a course on cultural competence.

Aso Proposes Turning Shrine Into Secular Memorial

In Tokyo today, Japan's Foreign Minister Taro Aso joined the rising number of voices that are calling for the country to transform the controversial Yasukuni Shrine into a secular entity sponsored by the government. MCT reports on a detailed series of steps proposed by Aso to eliminate the religious nature of the shrine. In recent years, a number of court cases have challenged as a violation of church-state separation visits by Japan's Prime Minister to the Shinto shrine. The shrine is also controversial because among the war dead it honors are Japanese war criminals. (See prior posting.)

2nd Circuit Hears Arguments In Church Anti-Gay Billboard Case

Agape Press reports that in New York today, the U.S. Second Circuit Court of Appeals is hearing arguments in Okwedy v. Molinari. The case involves a challenge to action taken by the president of the Borough of Staten Island who wrote a billboard company urging it to taken down an anti-gay billboard advertisement posted by Keyword Ministries church. The billboard carried four versions of a verse from the Bible, Leviticus 18:22. The King James Version reads: "Thou shalt not lie with mankind as with womankind. It is abomination". The billboard was signed: "I AM your Creator." The Center for Law and Policy represented the church in a suit alleging, among other things, violation of free speech rights. Initially the district court dismissed the suit, but the Second Circuit in a 2003 opinion reversed as to the free speech claims. On remand, the federal district court again dismissed the suit and the church again appealed, leading to today's arguments.

Church Groups Lack Standing To Challenge Lethal Injection

A Montana federal district court yesterday held that two religious groups, as well as the ACLU, lack standing to pursue a challenge to the execution of convicted murderer David Dawson. The Montana Association of Churches and the Montana Catholic Conference claim that lethal injection can be so painful as to amount to cruel and unusual punishment. Dawson himself wants his execution to go ahead. Today's Great Falls Tribune reports on the judge's order.

Finnish Court Finds Religious Male Circumcision Illegal

In Finland, according to yesterday's Helsingen Sanomat, a trial court judge has found a Muslim mother guilty of assault for having her four-year-old son circumcised. The case was brought after the boy's father complained that he had not been consulted. The court held that the procedure, even though performed by a physician, amounted to an assault and that not even a long religious tradition justifies not protecting the bodily inviolability of the boy. The same principle that outlaws female circumcision was seen by the court as applying to males as well. The trial court imposed no punishment on the mother as the case moves to the Court of Appeals.

Recent Prisoner Cases

In Bloch v. Samuels, 2006 U.S. Dist. LEXIS 53732 (SD TX, Aug. 3, 2006), a Texas federal district court rejected the claims of a former inmate at a federal halfway house who was denied permission to leave the premises to attend daily Roman Catholic Mass.

In Balawajder v. Texas Dep't of Criminal Justice Institutional Division, (TX Ct. App., July 31, 2006), a Texas state appeals court reversed a trial court and decided that issues of fact remain in claims by a Hare Krishna inmate brought under the Texas Religious Freedom Restoration Act. The court held that issues remain as to whether the Department has a compelling interest in prohibiting additional storage space for religious materials, even though it allows it for legal and educational materials, and whether the it has a compelling interest to prevent the administrative burden of reviewing prisoners' eligibility for additional storage space for religious materials.

In Henderson v. Berge, (7th Cir., Aug. 3, 2006), the 7th Circuit Court of Appeals rejected a Taoist prisoner's Establishment Clause claim based on a Wisconsin prison's providing a satellite television channel broadcasting Christian programming, but not ones providing programming for other religions.

New Head Of White House Faith-Based Office Appointed

Almost unnoticed last week, President George W. Bush appointed a new head of the White House Office of the Faith-Based and Community Initiatives. He is Jay Hein. The White House's Aug. 3 announcement of the appointment said:

Mr. Hein is the President of the Sagamore Institute for Policy Research, a national think tank he founded that specializes in community-based reforms. Mr. Hein also serves as Executive Vice President and CEO of the Foundation for American Renewal, which provides financial grants and other support to community-based organizations and educates the general public on effective compassion practices.

"Jay has long been a leading voice for compassionate conservatism and a champion of faith and community-based organizations. By joining my Administration, he will help ensure that these organizations receive a warm welcome as government's partner in serving our American neighbors in need," stated President Bush.

Mr. Hein previously was Executive Director of Civil Society Programs at the Hudson Institute. Earlier in his career, he served as a Welfare Reform Policy Assistant to the Governor of the State of Wisconsin...

One of the few papers covering the appointment of the Indiana resident was the Indianapolis Star which said that White House officials discovered Hein when, at the suggestion of former Indiana Senator Dan Coates, they went to Hein for suggestions about other candidates for the job.