Chinese Police Bulldoze Unregistered Catholic Church

China's attempts to require registration of places of worship has led to a confrontation on the island of Pingtang in Fujian province in southeast China. About 10,000 Catholics live on the island. They have refused to register with the government because they do not want to be controlled by the Patriotic Association that is trying to create a Catholic church that is not connected to the Vatican. Asia News yesterday reported that on Sept. 1, about 500 Chinese police brought in bulldozers and destroyed an illegal church building that had been completed less than two months ago at a cost of some $50,000. Police also warned that they plan to destroy another church that is being built in Ao Qian village. (See related prior posting.)

Jacksonville Sued Over Day of Faith Program

While they did not succeed in getting a court to ban the event from taking place, the American Atheists is now suing to recover for the city and its schools the $101,000 Jacksonville, Florida spent for its recent Day of Faith anti-violence rally, and to prevent future events of the same kind. The ACLU has also requested records regarding the program. The Florida Times-Union and WAWS Fox30 both report on the developments. The city has had 103 homicides so far this year. Mayor John Peyton promoted A Day of Faith: Arming Our Prayer Warriors to help combat that homicide trend. Some complain that the rally was too religious in nature for the city to have sponsored. The mayor, however, says that all citizens were invited and that secular non-profit organizations were heavily involved in the program as well.

British Lord Proposes Faith Quotas In Religious Schools

In Great Britain last month, during debates in the House of Lords on the Education and Inspections Bill (2006), Lord Baker of Dorking proposed an amendment that would require any new school that has a religious character to set aside 30% of its seats for pupils who do not practice the religion of the school. Independent Catholic News today says that the Catholic Education Service (CES) is strongly opposed to the proposal. Backers of the proposal say it would promote social cohesion, but CES argues that instead it would undermine existing harmonious intergroup relationships.

Pope And Students Discuss Evolution, Sans Intelligent Design

Reuters reported yesterday that Pope Benedict XVI had concluded his annual three day discussion with his former theology doctoral students. This year's topic was evolution. Participants said they spent very little time discussing Intelligent Design and even less talking about Creationism. The Catholic Church does not read the book of Genesis literally. It accepts evolution, but with a role for God's will in creation. Last year, Vienna's Cardinal Christoph Schonborn, one of the speakers this past week end, published a controversial article in the New York Times suggesting that the Church might embrace Intelligent Design. (See prior postings 1, 2 .)

Dutch Justice Minister Refuses To Bar Madonna's Concert

As Madonna's "Confessions" concert tour moves through Europe, Christian groups continue-- unsuccessfully-- to protest her mock crucifixion scene. On Friday, Netherlands' Justice Minister Piet Hein Donner refused requests by the Protestant Reform Party to block her appearance. CBC reported yesterday that Donner told those opposing Madonna's act; "Judgment over whether the event in question constitutes blasphemy is not up to the justice minister, but up to prosecutors and ultimately a judge." (See prior related posting.)

In Ohio State School Board Race, ID Proponent Faces Challenge

Two widely read blogs, the Daily Kos and Dispatches from the Culture Wars this past week have featured an upcoming election contest for Ohio's Board of Education in which a leading advocate of Intelligent Design, currently on the Board, is being challenged. In November, incumbent Deborah Owens Fink faces Democratic U.S. Rep. Tom Sawyer of Akron, a former school teacher who has served on education committees in both the state legislature and the U.S. House of Representatives. On his campaign website, Sawyer says, "Ohio's Board of Education spends far too much time and wastes far too much money pursuing fringe issues driven by special interest groups."

California Judge Orders Revision of State Board of Education Textbook Review Rules

IndoLink on Friday reported that in Hindu American Foundation, et al., v. California State Board of Education, a California Superior Court judge gave a partial victory to Hindu parents of California school children. On their behalf, a group of Hindu-American organizations were challenging the procedures used by the State Board of Education in approving revisions on the coverage of Hinduism in sixth grade textbooks. Judge Patrick Marlette held that the review rules used by the State Board of Education were invalid. However, instead of ordering the schools to stop using the textbooks that had been approved, he ordered SBE to correct the defects in its regulatory framework. (See related prior posting.)

UPDATE: On Sept. 6, India-West gave a more complete account of the judge's opinion, making it clear that while the judge had problems with the BOE's procedures, he found that the textbooks themselves were not unfair in their treatment of Hinduism.

Ohio Implements "Civil Registry" As Compromise On Priest Sexual Abuse Claims

This past May, the Ohio legislature passed and the governor signed Senate Bill 17, a compromise with the Catholic Church on how to deal with claims of sexual abuse of minors by priests where the statute of limitations has run. Many had urged the legislature to create a new window in which civil damage actions could be filed. Instead, new Chapter 3797 of the Ohio Revised Code was enacted. It provides for a "civil registry"that the Attorney General is to maintain on the Internet. Where a victim of childhood sexual abuse is precluded from suing for assault and battery because the statute of limitations has run, a civil declaratory judgment action can be brought instead. If the court finds by clear and convincing evidence that the defendant committed childhood sexual abuse, the court must order the defendant to be listed on the civil registry-- generally for six years, unless there are other offenses. (See LSC Analysis of Bill.)

Recently the Ohio Attorney General's Office approved rules for implementation of SB 17. Last Tuesday, the Toledo Blade reported that the Ohio legislature's Joint Committee on Agency Rule Review took the final step to make those rules effective. On Friday, the blog Dispatches From the Culture Wars launched a tirade against the Ohio law.

A Personal Note In Defense Of A Blog Posting

A little over a week ago, a posting on Religion Clause called attention to the amusing style of Oklahoma federal district Judge Ronald A. White's opinion in a Haskell County, Oklahoma 10 Commandments case. In that posting, I said:

The conclusion of the court-- that the circumstances surrounding the approval and erection of the monument do not demonstrate that the primary purpose or effect of the monument is religious-- is hardly unusual. What is unusual is the literate and amusing opinion written by federal district Judge Ronald A. White. The opinion, whose subheadings are inspired by Dante's Inferno, accomplishes the nearly impossible task of keeping the reader enthralled for 43 pages.

Normally I do not use blog posts for rejoinders to those who have responded to something I have earlier let loose into cyberspace. So when Dr. Bruce Prescott-- whose views I often agree with-- posted an entry on Mainstream Baptist misconstruing my evaluation of Judge White's opinion, I let it pass, assuming that his failure to appreciate the humor in the opinion could be written off to his having been a witness for the losing side in the case. However today, Dr. Prescott's blog post was the text of much of his half-hour commentary on his radio show Religious Talk which was broadcast over Oklahoma City's KREF, streamed over the Internet and archived as an MP3 file on the show's website. So I thought that I should clarify my position.

Dr. Prescott said in his posting and on his radio show:

Friedman might be excused for finding White's decision so entertaining. Reading some legal decisions could easily be prescribed as a cure for acute insomnia. There is a reason, however, why many legal opinions make such dull reading. Justice is far better served by methodical adherence to the rules of logical thought and by impartial application of sound reasoning to legal precedent than it is by the rapturous lyricism and judicial blandishments of misplaced poets.

My point was that Judge White was constrained by Supreme Court precedent which requires the examination of the circumstances surrounding the erection of a 10 Commandments monument to see if those circumstances indicate that the government's primary purpose was a religious one. So, while there was evidence on both sides, it was, in my words, "hardly unusual" that Judge White came out where he did. He was trying to follow somewhat murky Supreme Court precedent. What made the case worthy of note, however, was Judge White's flair in writing the decision.

In other words, a lawyer can admire elegant opinion writing even if he would not necessarily decide the case in the same way. I don't know how I would have decided the case within the confines of Supreme Court precedent since I did not hear all of the evidence. However, I believe that Dr. Prescott's quarrel is with the U.S. Supreme Court. It created the framework in which Judge White had to work. My posting-- perhaps not explicitly enough-- acknowledged that, and went on to examine what an interesting jurist did with the materials he had to work with. To borrow a tack from Judge White: The fault, dear Brutus is not in this decision, but in the precedents.

And, by the way, an editorial in today's Tulsa World, I think, agrees.

Some Iranian Clerics Press For Democracy

Challenging conventional wisdom, a piece in today's Austin Statesman says that influential members of Iran's religious elite believe that the theological underpinnings of Iran's governmental system are no longer valid. While religious councils screen candidates for office in Iran, clerics like Mohammad Ali Abtahi argue that Iran should be democratized. He says: "In Iran, you see two different understandings of Islam, one that masks democracy, human rights and tolerance, another that wants to foster them. We are trying to get the balance back (because) those in power have become blind to justice."

Presbyterian Churches Seeking To Leave Parent Body Have Precedent

Yesterday's Washington Post reported on the growing number of Presbyterian congregations that are trying to break away from the Presbyterian Church (USA) over the issue of ordination of gay clergy. The sticking point in most of these fights is whether the break-away congregation can get title to its church building and other property. Church leaders say that the national body's constitution is clear in providing that local churches hold church property in trust for the denomination.

These kinds of property disputes have a long history in American law and in the Presbyterian Church. An article in last April's issue of The Layman points out that four U.S. Supreme Court cases, beginning with the groundbreaking 1871 decision in Watson v. Jones, involved Presbyterian congregations seeking to become independent or change their affiliations.

New Books and Monographs

Princeton University Press has announced a number of new and forthcoming books of interest:

• Kent Grenawalt, Religion and the Constitution (Vol. I: Free Exercise and Fairness)
• Winnifred Fallers Sullivan, The Impossibility of Religious Freedom
• Michael Walzer (ed.), Law, Politics and Morality In Judaism
• John R. Bowen, Why the French Don't Like Headscarves
  Michael Bonner, Jihad in Islamic History: Doctrines and Practice

New from Oxford University Press:

• Walter Laquer, The Changing Face of Anti-Semitism From Ancient Times to the Present Day

From Black, Inc.:

• Amanda Lohrey, Quarterly Essay: Voting for Jesus: Christianity and Politics in Australia
• Melanie Landau, Nathan Wolski and Michael Fagenblat, New Under the Sun- Australian Jews on Faith, Politics and Culture

From Matthew Bender:

• The Second Edition of Stephen G. Gey, Religion and the State has recently been published.

Forthcoming from Random House:

• Barry W. Lynn, Piety & Politics: The Right-Wing Assault on Religious Freedom

From Sophia Institute Press:

• David Carlin, Can A Catholic Be A Democrat?

Paper Covers Growth Of Religion In Politics

Today's San Gabriel (CA) Tribune carries an interesting background article on the rise of religion in American politics. It reports that on a recent day, speakers invoked God on the floor of the House of Representatives 182 times

WV School's Replacement For Jesus Painting Continues The Controversy

On Thursday it looked like the dispute over church-state issues in the Harrison County West Virginia's Bridgeport High School was over, as the school board agreed it would not replace the painting of Jesus that had hung in the school but was stolen during litigation challenging its constitutionality. (See prior posting.) However today's Charleston (WV) Gazette-Mail reports that this conclusion was premature. Friday afternoon, students associated with the Christian Freedom Alliance donated to the school something to replace the painting. It is a mirror with a brass plate at the bottom that reads, "To know the will of God is the highest of all wisdoms. The love of Jesus Christ lives in each of us." Barry Lynn, executive director of Americans United for Separation of Church and State-- one of the groups that brought the litigation against the school-- said: "In some ways, this is even worse than the picture. This says to a minority student who looks in the mirror, 'by the way, if you know it or not, Jesus is a part of you'." At least one Harrison County School Board member seemed to agree. Wilson Currey said that he felt that the mirror was a way of baiting the groups that had sued.

UPDATE: The Associated Press reports that early Friday evening, three and one-half hours after the mirror was hung at Bridgeport High School, the plaque with the religious inscription on it was removed. Counsel who had negotiated the settlement of the lawsuit advised the move. The school board could become liable for nearly $100,000 for plaintiff's attorneys fees if the terms of the consent order requiring the removal of all religious objects is not carried out. But not all school board members were happy about the superintendent's decision to remove the inscription.

UPDATE 2: The Sept. 4 Pittsburgh Post Gazette carries an excellent piece on the whole controversy, adding some interesting details, such as the fact that the Jesus painting was first hung in the school hallway years ago to hide graffiti, and that administrators at first did not even notice it had been stolen. Also, it reports that the school board may now consider authorizing a comparative religion class and may draft policies on displaying religious items in schools.

Christian Athletes Group In Florida Schools Questioned

A story in today’s Daytona Beach (FL) News-Journal illustrates the fine lines between permissible and impermissible activities by religious groups in public schools. Some parents are upset by activities of the Fellowship of Christian Athletes at four Flagler County schools this week. The group appeared at assemblies in each school offering presentations discouraging drug use and encouraging good decision making by students. The assemblies featured BMX bike stunts, skateboarding and magic tricks, and did not have religious content. However, at the assemblies the group gave out tickets and fliers inviting students to evening events at Flagler Palm Coast High School's gym, which the group had rented with funds from local churches. Some parents complained that they were not aware that the evening activities were going to be religious in nature.

Scott Kirschner, a pastor at Palm Coast’s Parkview Baptist Church, said that the Fellowship of Christian Athletes respected school district rules at the assemblies. He conceded, however, that the main goal of "The Freedom Experience," a national tour, is to introduce youths to Christ.

Milwaukee Diocese Settles With California Abuse Plaintiffs

The Los Angeles Times today reports that the Archdiocese of Milwaukee has reached settlements totaling $13.3 million with eight California victims of clergy sexual abuse. The suits were brought in California by victims who allege that the Archdiocese of Milwaukee transferred one of its priests, who it knew was a pedophile, to California’s Diocese of Orange to get rid of him. California courts have held that they have jurisdiction of the Milwaukee Diocese in these cases.

A Flood Of Prisoner Free Exercise Cases This Week

In McClain v. Leisure (7th Cir., Aug. 23, 2006), the U.S. 7th Circuit Court of Appeals rejected an Indiana inmate’s claim that a prison employee’s seizure of his painting depicting white supremacist and Asatru imagery violated his free exercise rights.

In Runningbird v. Weber, (8th Cir., Aug. 28 2006), the U.S. 8th Circuit Court of Appeals upheld a lower court’s dismissal of an inmate’s claim that his right to practice his Native American Religion was violated. Restrictions on tobacco and sweat-lodge ceremonies, and denial of a Lowampi ceremony were found to be constitutional. It also rejected complaints of denial of a religious advisor, denial of peyote, permitting women to occasionally handle religious objects and observe ceremonies, and denial of certain sacred food for ceremonies. The court also rejected the inmate’s equal protection claim.

In Alston v. Sanchez, 2006 U.S. Dist. LEXIS 61515 (ED CA, Aug. 28, 2006), a California federal district court rejected as moot a challenge by a Rastafarian inmate to a prison’s regulation of hair length. California had changed its grooming policies in response to a 9th Circuit decision invalidating its former policy.

In VanDyke v. Southwest Virginia Regional Jail Authority, 2006 U.S. Dist. LEXIS 60325 (WD VA, Aug. 28, 2006), a Virginia federal district court rejected a series of claims by an inmate who alleged that while he was confined at the Southwest Virginia Regional Jail his constitutional rights, including his right to the free exercise of religion, were violated. The court upheld the jail’s confiscation of the inmate’s chain and crucifix because it could be fashioned into a sharp object, and the jail’s refusal to write a check for $8 from the inmate’s account as a contribution to his church.

In Williams v. Ferguson, 2006 U.S. Dist. LEXIS 61586 (ED CA, Aug. 28, 2006), a California federal district court held that prison officials did not violate an inmate’s rights under RLUIPA when they questioned him as to the authenticity of his claim that he was a practicing Muslim in order to determine whether or not he should be granted an exemption from the prison’s normal grooming standards.

In Kwanzaa v. Brown, 2006 U.S. Dist LEXIS 61703 (D NJ, Aug. 17, 2006), a New Jersey inmate sued alleging a wide variety of constitutional violations. The court permitted him to proceed on his allegation that he was denied his free exercise rights when he was not permitted to attend Ju'mah services in retaliation for his filing a grievance against a prison officer.

In Nelson v. Miller, 2006 U.S. Dist. LEXIS 60654 (SD IL, Aug. 25, 2006), the court overruled a prison chaplain’s objections to various questions in interrogatories from an inmate who was suing to challenge the chaplain’s refusal to approve his request for a diet based on the Rule of St. Benedict that prohibits eating the flesh of any four-legged animal. The court held that the clergyman's privilege does not apply to requests made to the chaplain by an inmate for a religious diet.

Ohio Settles EEOC-Justice Suit On Employee Objections To Union Dues

Today the U.S. Department of Justice and the Equal Employment Opportunity Commission announced a consent decree that resolves religious discrimination lawsuits against the state of Ohio, various state agencies and OCSEA (AFSCME, Local 11, AFL-CIO), a union that represents state employees. The suits alleged that the various defendants violated Title VII of the 1964 Civil Rights Act when they permitted members of churches that have historically opposed unionization to pay an amount equivalent to their union dues to charity, but refused to grant the same treatment to religious objectors who do not belong to these churches. They were required to pay a representation fee to the union. The suit arose out of an employee's religious objections to supporting OCSEA because the union had taken positions in favor of abortion rights and same-sex marriage. (See prior posting.) EEOC Regional Attorney Jacqueline H. McNair said that the consent decree "will protect approximately 37,000 public employees covered by the State of Ohio’s collective bargaining agreement with the Ohio Civil Service Employees Association."

Report Says EPA Right In Approach To Religious Use of Mercury

The Inspector General's office of the U.S. Environmental Protection Agency issued a report yesterday (full text) concluding that the EPA is acting properly in addressing the risks of using the toxic metal mercury in religious rituals. Certain Latino and Afro-Caribbean religions, such as Santeria, Palo, Voodoo, and Espiritismo use mercury ritualistically, wearing it in amulets, sprinkling it on the floor in it s liquid form or adding it to a candle or oil lamp. While this can pose serious health hazards to those using it and to others living in the same building, the EPA has chosen to deal with the issue through a public education campaign instead of by regulation. The report concludes that this was proper, since regulation could drive the religious practices underground and might also pose First Amendment issues. It also concluded that the problem is not widespread and that United Nations action to reduce the use of mercury may help the problem. Reuters yesterday reported on the Inspector General's conclusions.

Plaintiff In Mt. Soledad Case Terminally Ill; New Plaintiff Added

Today's San Diego Union Tribune reports that Philip Paulson, plaintiff in the long-running litigation challenging the constitutionality of the Mt. Soledad cross, has been diagnosed with terminal liver cancer. Paulson's lawyer, James McElroy, said yesterday another plaintiff, Vietnam war veteran Steve Trunk, will be added to the case so that it can continue if Paulson dies. City Attorney Michael Aguirre said he would not oppose adding Trunk as a plaintiff, saying "It's an important issue and it needs to be resolved. We seek justice based on the merits. Seeking to take a cheap procedural advantage due to someone's health would not likely be viewed favorably by the court."

While Paulson said he expected that someone would say that this is God's revenge on him, Charles LiMandri of San Diegans for the Mt. Soledad National War Memorial had a much more charitable reaction: "We'll certainly keep him in our prayers. We don't have any ill will toward anyone. We wish he would spend his time more productively than pursuing this lawsuit. We feel his time could have been better spent."