2005 Bankruptcy Law Makes Charitable Giving Difficult For Debtors

A press release from the National Association of Consumer Bankruptcy Attorneys describes a recent decision by a federal bankruptcy judge in New York that makes it difficult for individuals going through Chapter 13 bankruptcy proceedings to meet religious obligations to tithe. In In re: Diagostino and Diagostino, Case No. 06-10384, (Bkrptcy., ND NY, Aug. 28, 2006), a bankruptcy judge interpreted Sec. 102 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to preclude the inclusion of tithes to a church or other charitable donations as "reasonably necessary" expenses. So unsecured creditors must be paid off under the court-approved repayment plan before charitable contributions can be made. The only exceptions are for situations such as a minister whose employment contract requires tithing. An article in today's Deseret (UT) News points ot that this decision undercuts the Religious Liberty and Charitable Donation Protection Act of 1998 that allowed tithing by those going through bankruptcy. [Thanks to Ross Heckman via Religionlaw for the information.]

Evangelicals And American Foreign Policy

The current issue of Foreign Affairs magazine contains a long and interesting article by Walter Russell Mead on evangelicals and U.S. foreign policy. The article, God's Country?, argues that changes in contemporary Protestantism are changing American foreign policy. Mead traces the role of religion in U.S. public life. His analysis carefully distinguishes three different strands of American Protestantism:

The three contemporary streams of American Protestantism (fundamentalist, liberal, and evangelical) lead to very different ideas about what the country's role in the world should be. In this context, the most important differences have to do with the degree to which each promotes optimism about the possibilities for a stable, peaceful, and enlightened international order and the importance each places on the difference between believers and nonbelievers. In a nutshell, fundamentalists are deeply pessimistic about the prospects for world order and see an unbridgeable divide between believers and nonbelievers. Liberals are optimistic about the prospects for world order and see little difference between Christians and nonbelievers. And evangelicals stand somewhere in between these extremes....

Evangelicals are likely to focus more on U.S. exceptionalism than liberals would like, and they are likely to care more about the morality of U.S. foreign policy than most realists prefer. But evangelical power is here to stay for the foreseeable future, and those concerned about U.S. foreign policy would do well to reach out. As more evangelical leaders acquire firsthand experience in foreign policy, they are likely to provide something now sadly lacking in the world of U.S. foreign policy: a trusted group of experts, well versed in the nuances and dilemmas of the international situation, who are able to persuade large numbers of Americans to support the complex and counterintuitive policies that are sometimes necessary in this wicked and frustrating -- or, dare one say it, fallen -- world.

The full article is definitely worth reading.

7th Circuit Hears Arguments In Indiana Legislative Prayer Case

The Associated Press reports that yesterday the U.S. 7th Circuit Court of Appeals heard arguments in Hinrichs v. Bosma, a case in which a federal district court banned the Indiana House of Representatives from opening its sessions with sectarian prayer. (See prior posting.) Interestingly, the U.S. Department of Justice filed a brief supporting Indiana House Speaker Brian Bosma, and participated in oral argument. The brief argued that the trial court had imposed too strict a standard, effectively banning any mention of Jesus Christ or other sectarian references. The brief said that opening prayers in the U.S. Congress often have some mention of a specific deity. Today's Indianapolis Star reports on details of oral argument that focused in part on whether prayers offered by legislators should be considered personal speech or government speech. Meanwhile Indiana House officials plan to try to raise money from the public to pay the legal fees involved in the appeal, instead of continuing to use taxpayer funds for the costs of the private law firm hired to represent House members in the litigation. (Indianapolis Star.)

House Committee Approves Public Expression of Religion Act

By voice vote yesterday, the House Judiciary Committee approved H.R. 2679, the Public Expression of Religion Act. The bill, which now goes to the full House of Representatives, would limit relief in Establishment Clause claims to issuance of an injunction, and would deny the award of attorneys' fees and expenses to plaintiffs who win Establishment Clause lawsuits. Americans United For Separation of Church and State strongly criticized the Committee's action. AU Executive Director Rev. Barry W. Lynn said: "This bill is nothing more than an attempt to scare people away from having their day in court. The House Judiciary Committee should be ashamed of itself for passing such a blatantly un-American scheme."

UPDATE: The vote in the House Judiciary Committee to approve the bill was 7-5, along party lines, with Republicans in favor and Democrats against. (Associated Baptist Press.)

Secular Coalition Rates Congress Members' Voting Records

Yesterday, the Secular Coalition for America released its ratings of members of the 109th Congress based on their records on ten key votes in each house. Seven members of the House and 18 Senators earned a perfect score for their support for separation of church and state and protection of minority rights. SCA Director Lori Lipman Brown said: "With the political strength of the religious right and the irrational demonizing of the nontheist community, I am very proud of these members of Congress." The Scorecard for every House and Senate member is available at SCA's website.

Storefront Churches and Decaying Downtowns A Municipal Worry

The Raleigh (NC) News and Observer yesterday focuses on efforts by small North Carolina towns to keep churches from renting inexpensive vacant storefronts in decaying downtown areas. Last month, the Kenly, NC Town Council imposed a 60-day moratorium on new churches in the downtown area. Proponents of these moves say that churches prevent the economic redevelopment of small downtown areas. A Kenly Town Council member said town officials were unaware of the federal Religious Land Use and Institutionalized Persons Act that makes these kinds of restrictions on churches particularly problematic. She said they will now consider the impact of RLUIPA as they draft a new ordinance dealing with the issue on a more permanent basis.

Cayman Officials Kept In Dark By UK Over Human Rights Convention Applicability

The United Kingdom is responsible for the international relations of the Cayman Islands. In February 2006, the UK extended the European Convention on Human Rights, and the right to petition the European Court of Human Rights, to the Cayman Islands (as well as a number of other territories). However, according to today's Cayman Net News, Britain never bothered to inform the Cayman Islands Human Rights Commission that the action had been taken. HRC commissioners apparently found out about the action when a dispute over whether or not the Convention applied in the Cayman Islands appeared in the press.

Elementary School Enjoined In Gideon Bible Distribution

A federal district court has granted a preliminary injunction to elementary school parents to prohibit Annapolis, Missouri's South Iron R-1 School District from allowing the Gideons to distribute Bibles to elementary school students on school property during the school day. In Doe v. South Iron R-1 School District, (ED MO, Sept. 5, 2006), the court rejected the school board's argument that denying groups the right to distribute Bibles, while permitting other kinds of literature to be distributed, would amount to unconstitutional viewpoint discrimination. Instead the court found that it was highly likely that plaintiffs would succeed in proving that the school's policy was adopted for the purpose of promoting Christianity, and was thus in violation of the Establishment Clause.

The suit was originally filed to challenge the school board's decision to permit the Gideons to distribute Bibles in the classroom to fifth graders. While the litigation was pending, the school board adopted a new policy that permitted distribution of any kind of literature, including Bibles, to students in any grade, on 48 hours notice, with distribution being limited to the hallway in front of the administrative offices and the cafeteria area during limited time periods.

National Days Of Prayer For 9/11 Anniversary Proclaimed

On Tuesday, as the fifth anniversary of the 9/11 terrorist attacks approach, President George W. Bush issued a Proclamation declaring September 8 through 10 as National Days of Prayer and Remembrance. The days are to "honor the heroism of the police officers, firefighters, rescue personnel, members of the military, and private citizens who responded selflessly in the face of terror. We also honor the courage and spirit of the mothers and fathers, sons and daughters, brothers and sisters, and husbands and wives who continue to grieve for their irreplaceable loss."

The Proclamation concludes with this request: "I ask that the people of the United States and their places of worship mark these National Days of Prayer and Remembrance with memorial services, the ringing of bells, and evening candlelight remembrance vigils. I also invite the people of the world to share in these Days of Prayer and Remembrance."

2nd Circuit Holds Evangelicals Not "Vulnerable Victims" In Fraud Case

In a fascinating decision yesterday, the U.S. Second Circuit Court of Appeals rejected a trial court's application of the Federal Sentencing Guidelines to enhance the sentence of two defendants who had been convicted of carrying out a wire fraud scheme directed particularly at evangelical Christians. In United States v. Dupre, (2d Cir., Sept. 6, 2006), the trial court had found that the advance fee fraud had been aimed at particularly "vulnerable victims", concluding that the "scheme was imbued with religious elements. It asked participants to have faith, to accept what they were told, to not ask questions, to pray for the success of the project, and to plan on doing good works with the payout that they receive. It was described as a plan in which there would be a redistribution of wealth from the wicked to God’s people."

The trial court used that finding to enhance the offense by two levels, as permitted by U.S.S.G. § 3A1.1(b). However, the Second Circuit held:

While we recognize that a fraud grounded in religious themes may pose an especially effective threat, ... membership in religious groups cannot, standing alone, make victims "vulnerable" for purposes of the enhancement, even where a fraud involves reliance on religious themes or imagery.... We have no reason to believe that evangelical Christians as a class are "unusually susceptible" to fraud.

An Associated Press report yesterday gives additional background on the case.

Abortion Protesters Claim Arrests Violate Their Religious Freedom

In Richmond, Virginia last week, two abortion protesters filed suit in federal district court alleging that an off-duty city police officer hired by Richmond's Medical Center for Women infringed their free exercise and free speech rights. Richmond's Style yesterday reported on the lawsuit. The protesters' claims are based on their being cited three times since 2004 for violating Virginia's disorderly conduct law and Richmond's noise ordinance. In addition to claiming that the city ordinance is unconstitutionally vague because it sets no standard for when noise is too loud, the complaint (full text) also alleges that enforcement of the laws prevents the demonstrators from carrying out a tenet of their religious faith in violation of their free exercise rights. The complaint alleges that plaintiffs as Christians "sincerely believe they are discharging a religious duty by publicly proclaiming and orally communicating their beliefs, particularly with respect to their beliefs on the topic of abortion."

3rd Circuit Backs Away From Its Narrow Interpretation of Title VII Ministerial Exception

Yesterday, the U.S. Third Circuit Court of Appeals, upon rehearing, changed its mind about the scope of the "ministerial exception" in Title VII employment discrimination cases. It joined seven other circuits that have considered the issue and held that the First Amendment precludes courts from interfering in any decisions of religious organizations about who will perform spiritual functions and how those functions will be divided. The case, Petruska v. Gannon University, (3rd Cir., Sept. 6, 2006), was set for rehearing after it was determined that the judge who wrote the majority opinion (Becker, J.) in the earlier 2-1 ruling had died after the opinions were completed, but before they were filed. In its earlier opinion in the case, the 3rd Circuit had ruled that the ministerial exception applies only where alleged discrimination is based on religious belief or doctrine, and not where the discrimination is based on some non-religious ground such as gender bias. Now, however, the 3-judge panel unanimously held that the exception applies to any claim, the resolution of which would limit a religious institution’s right to choose who will perform particular spiritual functions. However, the court remanded for further consideration the plaintiff's breach of contract claim against Gannon University.

Today's Inside Higher Education reports on the decision.

NY High Court Hears Arguments On Requiring Insurance Coverage For Contraceptives

Yesterday, New York's highest court, the Court of Appeals, heard arguments in Catholic Charities of the Diocese of Albany v. Serio, a case challenging New York's Health and Wellness Act that requires employers' health insurance plans to cover contraceptives. Today's Albany Times Union reports on the "fast paced" arguments over whether the legislature can define narrowly what it means to be a religious employer. The statute exempts churches and religious schools from coverage, but not social service agencies or hospitals. (See prior posting.) The suit brought by Catholic Charities and two Baptist churches argues that the statute is unconstitutional, infringing plaintiffs' rights of speech, association and free exercise of religion. Sister Maureen Joyce, CEO of Catholic Charities in Albany, says: "We're not saying our employees can't use contraceptives. We're saying as an employer we should not be mandated by the state to provide contraceptive services."

Bush's Speech On the War On Terror-- Has He Avoided A "Religious War"?

President George W. Bush yesterday delivered a major speech on the Global War on Terror (full text) to the Military Officers Association of America. In it, he faced the problem with which he has struggled ever since 9/11-- how to define Islamic extremism in a way that avoids turning the war on terror into a religious war. Here are some excerpts from the speech:

The terrorists who attacked us on September the 11th, 2001 ... kill in the name of a clear and focused ideology.... [They] ... are violent Sunni extremists... driven by a radical and perverted vision of Islam that rejects tolerance.... They hope to establish a violent political utopia across the Middle East, which they call a "Caliphate" -- where all would be ruled according to their hateful ideology....

This caliphate would be a totalitarian Islamic empire encompassing all current and former Muslim lands, stretching from Europe to North Africa, the Middle East, and Southeast Asia.... We know what this radical empire would look like.... Under the rule of the Taliban and al Qaeda, Afghanistan was a totalitarian nightmare -- a land where women were imprisoned in their homes, men were beaten for missing prayer meetings, girls could not go to school, and children were forbidden the smallest pleasures.... Religious police roamed the streets, beating and detaining civilians for perceived offenses. Women were publicly whipped. Summary executions were held in Kabul's soccer stadium in front of cheering mobs....

The goal of these Sunni extremists is to remake the entire Muslim world in their radical image. In pursuit of their imperial aims, these extremists say there can be no compromise or dialogue with those they call "infidels" -- a category that includes America, the world's free nations, Jews, and all Muslims who reject their extreme vision of Islam....

[W]e also face the threat posed by Shia extremists... This Shia strain of Islamic radicalism is just as dangerous, and just as hostile to America, and just as determined to establish its brand of hegemony across the broader Middle East.... In 1979, they took control of ... the nation of Iran, subjugating its proud people to a regime of tyranny, and using that nation's resources to fund the spread of terror and pursue their radical agenda.

Two Interesting New Online Sites Created

Two new interesting websites have just come on line. The first is Faithful Democrats. In an introductory posting, Tennessee Senator Roy Herron says:

I am tired of politicians, partisans, and preachers spelling God "G-O-P." But make no mistake — regardless of how wrong they are or how false their doctrine is, they have been frighteningly effective. Now many Americans think Jesus never rode a donkey and today rides only an elephant. The truth is, God cannot be held hostage by any political party. And American Christians should not be either.

The AP yesterday reported on the Democrats' new online initiative. [Thanks to Mainstream Baptist for the lead.]

The second entry into cyberspace is a new blog from the Alliance Defense Fund (news release), called ConstitutionallyCorrect.com. The blog has been created to focus on issues of concern to ADF, such as religious freedom in order to be able to spread the Gospel, the sanctity of human life and traditional family values. (See ADF's website.)

Both sites have been added to Religion Clause's sidebar.

Little Rock Council Moves To Non-Sectarian Invocations

Little Rock, Arkansas city council has decided to permit only non-sectarian prayers to open their meetings after a resident complained about sectarian Christian invocations. City attorney Tom Carpenter gave city council a memo on permissible practices. Some have suggested that city council should hire its own chaplain to give opening prayers, according to a report yesterday by KTAV-TV.

Air Force Academy Adds Secular Group To Extracurricular Program

The U.S. Air Force Academy has expanded its extracurricular Special Programs In Religious Education by adding a secular organization to the list of groups that participate. Free Thinkers of Colorado Springs hopes to bring prominent scientists, authors and academics to the Academy for weekly discussions. The AP yesterday reported on these developments, indicating that Free Thinkers describes itself as "a haven for people moving away from religious dogma." The Air Force Academy has been criticized for imposing Christian doctrine on its cadets. A lawsuit on those charges is pending.

Baltimore Prayer Garden OK'd Over Preservationist Objections

In Baltimore, Maryland, a housing department hearing officer has upheld the decision of Housing Commissioner Paul Graziano who decided that the Archdiocese of Baltimore can tear down a 100-year hotel building in order to build a prayer garden. WBAL-TV reports today that historic preservationists oppose demolition of the historic building located next to a remodeled church. However, they were unsuccessful in their argument that housing authorities should have made their decision without considering the impact of the federal Religious Land Use and Institutionalized Persons Act.

Russian Supreme Court Upholds Order To Tear Down Mosque

On Tuesday, Interfax reported that the Russian Supreme Court has upheld an order by the Sovetsky District Court of Astrakhan that required the local Muslim community to tear down a partially-constructed mosque that was being built without a permit. The Russian Federal Environmental, Technological, and Nuclear Control Service had banned the construction because it was too near a high-voltage power transmission line.

Scholar In Yemen Says Presidential Election Violates Islamic Law

In Yemen, a country that is struggling to have meaningful presidential elections this month, a Muslim cleric, Salafi scholar Abu Al Hassen Al Maribi, says that democratic elections are contrary to the teachings of Islam. He says that under Islamic law, "to compete with the ruler is an illegitimate act". Gulf News today reports that the statement was made during a rally supporting the re-election of current President Ali Abdullah Saleh. Not surprisingly, the campaign of opposition candidate Faisal Bin Shamlan strongly criticized the cleric's ruling, saying: "This is an affront to the constitution which provides for democracy, the multi-party system and peaceful transfer of power. And releasing such fatwas means non-recognition of constitution, laws in effect and elections." Opposition leaders called for the Supreme Committee for Elections and Referendum to ban such fatwas.