New EEOC Chair Named

On Tuesday, the White House announced that President George W. Bush intends to designate Naomi Churchill Earp to be Chairman of the 5-member Equal Employment Opportunity Commission. Ms. Earp currently serves as Commissioner and Vice-Chair of the Commission. A Hampton Roads (VA) Daily Press story says that Earp is currently serving her second term on the EEOC, and that she previously worked at the EEOC in the 1980's as assistant to Supreme Court Justice Clarence Thomas when he served as EEOC chairman. The EEOC enforces six different federal civil rights laws that prohibit discrimination in employment, including religious discrimination.

Preacher Arrested For Decibel Level Of Revival

The Fort Payne (AL) Times-Journal yesterday reported that on Sunday, Fort Payne, Alabama police arrested an Oklahoma preacher at a tent revival, charging him with violating the city's noise ordinance. Guests at a nearby Holiday Inn had called police to complain about the noise level. Police on 3 visits to the revival requested organizers to turn down the amplifiers. While apparently some were turned off, the decibel level remained high and police finally handcuffed and arrested Rev. Dwayne Blue as he was leading the revival's closing prayer. When asked in municipal court how he wished to plead, Blue said "guilty, but I believe I was only guilty of praying". Later Blue explained, "We weren't being radical, we were just praying, and it wasn't a loud prayer. It was just a prayer to close out the services. I thought handcuffs and things of that nature were for criminals, but I don’t consider myself a criminal for praying for our country and praying for our nation and praying for revival. That’s not a criminal act." The court imposed a $50 fine, $173 in court costs and a suspended sentence of 24 months.

Some Russian Schools Introduce Courses On Religion

BBC News today reports that in four of the Russian Federation's 86 regions and republics, the history of Orthodox Christianity and its religious culture will begin to be taught as a required subject in public schools. Schools in eleven other regions will offer elective courses using a textbook on the history of world religions with extensive focus on Russian Orthodoxy. Russia's Constitution, Article 14(1) provides: "The Russian Federation shall be a secular state. No religion may be instituted as state-sponsored or mandatory religion." Officials emphasize that the new courses will focus on history, not on matters of faith. Other supporters of the move say they want to protect traditional spiritual values in the country where for many years, under Communist rule, teaching of religion anywhere was prohibited. Muslim leaders have reacted to the move by asking for more coverage in schools of Islamic culture.

UPDATE: A Sept. 5 JTA story describes the troubled reaction of Russia's Jewish community to these developments.

Indian Catholics Returning To Hinduism To Get Benefits As Dalits

In India, special laws reserve certain government jobs, bank loans and scholarships for dalits, individuals of of low-caste origin, to help remedy the discrimination that they have experienced. UCA News yesterday reported that Christians are denied these benefits because Christianity has never recognized the caste system. In the state of Raipur, the pro-Hindu BJP party has come to power, and is looking to identify Christians in order to deny them these special benefits. This has particularly impacted a group of Gada villagers who became Catholics 70 years ago, but continue to enroll their children in schools as dalit Hindus. It has also led some Christian converts to formally return to Hinduism to claim dalit status. The trend of Gada Catholics to desert their new-found religion began in the 1980's when Catholic Relief Services stopped providing aid to the villagers.

Another Church Zoning Suit Filed, This Time In Marietta, GA

In yet another zoning dispute between a church and city officials, in Marietta, Georgia, Rev. Frederick Anderson's Covenant Christian Ministries has filed suit in federal district court in Atlanta. The Atlanta Journal Constitution today said that Marietta City Council rejected a rezoning request to permit the church to build a sanctuary, school and dormitory on land the church purchased for $1.6 million. Refusing to look for a new location, Anderson says "This is where God wants us." The suit alleges free exercise, due process and RLUIPA violations.

Malay Muslims Must Sue To Get Change In Religious Status

In Malaysia, where there is ongoing debate over the respective jurisdiction of civil and Syariah courts when a Muslim wishes to convert, last Monday brought a new judicial precedent. Today's New Straits Times reports that in Malaysia's Labuan Federal Territory, a Syariah court dismissed a petition by Kenneth Wong Chun Chiak (also known as Kenny Abdullah) to have his name removed from the Labuan Federal Territory Islamic Council register. Syariah High Court judge Husin Ahamad said that Chiak had followed the wrong procedures. Wong had filed an affidavit with the Council stating that he had converted, and asking for the change in records. The court, however, said that before a Muslim could convert, he was required to file suit under the Federal Territory Syariah Court Civil Procedures Act against the Federal Territory Islamic Council, and ask the Syariah court to adjudicate whether he can renounce Islam.

Group Has Standing To Challenge California Textbook Decision

In California Parents for the Equalization of Educational Materials v. California Department of Education, CIV. S-06-532 FCD KJM (ED CA, Aug. 11, 2006). a California federal district court held that a non-profit organization formed to promote accurate portrayal of Hinduism in California's public schools has standing to pursue claims that California violated the First and Fourteenth Amendments in its 2005 revisions of its History-Social Science textbooks. The court permitted plaintiffs to proceed with their claim for injunctive relief against members of the State Board of Education. However the 11th Amendment bars their suit against state agencies themselves. CAPEEM's Aug. 11 press release give further information on the decision, as does an article in today's India Post. Another article in today's India Post gives background on the litigation. The review process in California has been contentious, and has led to at least one other lawsuit that is pending in state court.

En Banc Review Sought In Bible Monument Case

On Tuesday, according to the Associated Press, the Harris County, Texas Attorney's Office requested that the U.S. 5th Circuit Court of Appeals review en banc the 3-judge panel's August 15 decision in Staley v. Harris County. (See prior posting.) That decision upheld an Establishment Clause challenge to a monument on the Harris County courthouse grounds honoring Houston philanthropist William S. Mosher. The monument includes a Bible in a glass case as part of the display.

Is YMCA A Religious Organization?-- Colorado Tax Board Must Decide

The Colorado State Board of Assessment Appeals on Monday heard arguments in a challenge to the property tax-exemption that the state has given to the YMCA for its properties in two Rocky Mountain vacation areas-- Estes Park and Snow Mountain Ranch. The Longmont Daily Times-Call yesterday reported that the dispute centers on whether or not the YMCA's facilities are places of religious worship. YMCA attorney Stuart Lark said that the YMCA "is a Christian organization" committed to providing "a Christian environment" for people visiting the resort areas, even if those guests are not Christians themselves. Competing hotel owners say the tax exemption gives the YMCA an unfair competitive advantage.

Prayer For Rain Was Part of South Dakota's Call To Fight Drought

In a front-page story yesterday on the severe drought ravaging the Plains States, the New York Times mentioned that South Dakota Gov. Michael Rounds "recently sought unusual help from his constituents". He declared July 24-30 as a "week to pray for rain". The full text of the governor's Executive Proclamation calling for prayer focuses on the economic impact of the drought and the fire dangers it creates. In an accompanying press release, Gov. Rounds said: "We are a strong people and all can provide help in many ways, whether actually fighting the fires, providing assistance to the crews, or joining together in the power of prayer."

Religious Obedience To Husband Causes Problems For Muslim Woman

In Melbourne, Australia, a county court judge has accepted a Muslim woman's request to withdraw her guilty plea to charges of handling stolen property and obtaining property by deception. Her indictment alleged that, along with her husband, Shahida Karim-Hawchar resold stolen cars. Today's Melbourne Herald Sun reports that the woman pled guilty because her husband instructed her to do so, and she obeyed, acting in accordance with her religious and cultural traditions. Lebanese-born Mrs. Karim-Hawchar has not rejected her religious traditions in her plea change. She is withdrawing her plea because her husband has also ordered her to do so. The court refused to permit her husband to withdraw his plea.

FLDS Fugitive Warren Jeffs Is Captured

Yesterday Warren Jeffs, former head of the FLDS Church, was arrested outside Las Vegas, Nevada during a routine traffic stop. The New York Times reports that a state trooper stopped Jeffs’s 2007 red Cadillac Escalade because its temporary Colorado license tag was not fully visible. Jeffs, whose church promotes polygamy, faces charges-- including charges of being an accessory to rape-- in connection with arranging marriages between men and underage women. In May, he had been placed on the FBI's list of the 10 Most Wanted Fugitives. The FLDS Church has been the focus of extensive law enforcement attention in Utah and Arizona since last year. An AP article in the Washington Post traces some of the history of Jeff's controversial leadership and his control over the towns of Hildale, Utah, and Colorado City, Arizona.

New Mexico State Coach Sued For Religious Discrimination

Three Muslim college students who were thrown off of New Mexico State Univeristy's football team have sued the university and coach Hal Mumme for religious discrimination, according to the Associated Press yesterday. The suit, filed on behalf of Mu'Ammar Ali, Anthony Thompson and Vincent Thompson by the ACLU of New Mexico, alleges that Mumme made Muslim students feel like outcasts, questioning Ali about his attitudes toward al-Qaida. Coach Mumme had other players recite the Lord's Prayer after practices and before each game, but made Muslim players pray separately. A University investigation of the charges found no evidence of religious discrimination. (See prior posting.)

California Governor Signs GLBT Bias Bill With No Religious Exception

In California, the Campaign for Children and Families is criticizing Gov. Arnold Schwarzenegger's signing on Monday of SB 1441 that adds "sexual orientation" to the law that prohibits discrimination by any program that receives state financial assistance. Critics are concerned that there is no exception for religiously affiliated institutions. Religiously affiliated colleges enroll students who receive state financial aid, and many religiously affiliated children's day care centers and after-school programs receive state aid. CNSNews today, reporting on these developments, says that other bills calling for equal treatment of gays and lesbians are also pending in the California legislature.

Pakistani Muslim Lawmakers May Have Ripped Up Quran Verses

Last week Religion Clause reported that in Pakistan members of the Muslim alliance known as MMA tore up copies of the government's proposed Protection of Women's Rights Bill. Now, according to yesterday's Asia News, Ashfaq Chaudhry, head of the Islamabad’s chapter of the Pakistan People’s Movement, has charged those Parliamentarians with blasphemy. Apparently the text of the Bill that they tore up contained quotations from the Quran. Section 295-B of Pakistan’s Penal Code provides for life in prison for desecrating the Quran. MMA President Qazi Hussain Ahmed however argues that the draft bill did not contain Quran verses.

Ohio's Blackwell Thanks Pastors For Endorsement

In Columbus, Ohio yesterday, a group of conservative pastors from across the country held their planned news conference to endorse Republican gubernatorial candidate Kenneth Blackwell. The Associated Press reported that in thanking the clergy for their endorsement, Blackwell said:

I stand with you this morning as a defender, as an advocate, for religious liberty. I will fight for the right of the nonbeliever to non-believe, because we all have a right to be wrong. I, in fact, understand that we cannot strip God and faith and religion out of the public square and be the self-governing democracy that we've been for 230 years. From our first president to this president, there's been an innate understanding that a self-governing people must be a community or society that is built on a moral foundation.

Blackwell's Democratic opponent, Ted Strickland, commented, "I think whenever the church allows itself to become a tool of a political movement, or a particular political party, that the church is in danger of losing its moral authority."

Church Members Bless Public School

In Columbus, Ohio last Sunday, 180 members of four local churches surrounded Woodward Park Middle School to bless the building and those who use it. Yesterday's Columbus Dispatch reported on the event. The ACLU of Ohio had sent a letter to the school principal and the district's superintendent, arguing that the event would be perceived as showing favoritism toward particular religious groups. However a school spokesman said that like anyone else, these individuals can walk onto school grounds during the week end. ACLU Litigation Coordinator Gary Daniels warned that "Allowing ministers to bless a public building will open a Pandora's box of other groups that will want to come in and perform similar ceremonies."

German Chancellor Wants Christian Roots In EU Constitution

After meeting with Pope Benedict XVI, German Chancellor Angela Merkel said that Europe needs a constitution that reflects its Christian roots, arguing that "Christianity has forged Europe in a decisive way". Merkel, the daughter of Protestant minister, will assume the European Union's rotating presidency next year. Her views are supported by Spain, Italy and Poland, but mention of Christianity in the document is opposed by France, Britain, Sweden and Denmark. Merkle's position also creates problems for largely-Muslim Turkey as a potential EU member. Merkel's remarks are reported by ANSA, the Guardian, and UK's Muslim News.

School Prayer Challenged In Missouri Law Suit

Last month, the ACLU of Eastern Missouri filed a federal lawsuit against the Doniphan School District in southeast Missouri, alleging that during two honors assemblies at Doniphan Elementary School, teachers led the students in sectarian Christian prayer. The complaint alleges that sectarian prayer at these assemblies, where student attendance was mandatory, violated the Establishment Clause. The suit was filed after attempts to obtain informal resolution of the issue failed. The suit is discussed in an ACLU press release and in a story by Agape Press. The full text of the complaint in Doe v. Doniphan R-I School District is available online as is the ACLU's July 25 Memorandum in Support of Motion for Preliminary Injunction.

California Episcopal Diocese Lays Legal Foundation For Breaking Away

This week's Christian Century reports on legal moves by the Diocese of San Joaquin, California that could permit it to successfully break away from the Episcopal Church in the USA (ECUSA) over opposition to the ordination of women. The major hurdle that a breakaway diocese faces is the legal doctrine that requires civil courts to permit the internal machinery of hierarchical churches to resolve theological disputes within the denomination. San Joaquin Bishop John-David Schofield has has taken steps to make his diocese sufficiently independent of ECUSA that it can argue that it is not part of an hierarchical church. In October 2005, the San Joaquin diocese convention amended its constitution to provide that it takes precedence of national church policy. Then in March 2006, the diocese amended its bylaws to provide that ECUSA no longer has to approve San Joaquin's choice of bishop.

Fearing the impact of these moves on all California dioceses, four other bishops filed charges in an ecclesiastical tribunal against Bishop Schofield, seeking to remove him from the Church. A letter from one of those who filed the charges, San Francisco bishop William Swing, and a response from the Chancellor of the San Joaquin diocese, are available in full text from Virtue Online. Bishop Swing's letter argues that Schofield "has taken actions that put all Episcopal dioceses in the State of California in jeopardy" by undercutting the argument that ECUSA is an hierarchical church. In response, San Joaquin Chancellor Russell VanRozeboom argued that Canon IV.9. under which charges have been brought against Schofield only applies when there is an attempt to affiliate with a religious body that is not in communion with the Episcopal Church. He says that San Joaquin, if it breaks away, will remain in communion with the broader, more conservative world-wide Anglican Church.

VanRozeboom also argues that Bishop Schofield cannot be disciplined for action taken by the the Diocese Convention to amend its constitution, and that the October 2005 amendment only impacts the civil law issue of who is chief officer of the Diocese under California's Corporation Code, not the ecclesiastical issue of who should be Bishop.

Christian Century reports that meanwhile, the conservative Anglican Communion Network (ACN), that claims 900 parishes as members, has taken further steps toward its ultimate goal of becoming a separate Anglican province, with its own seminaries, churches and hierarchy. ACN was formed in 2004 after more conservative Episcopalians became upset with the ordination of a gay man as a bishop in New Hampshire.