Indian State To Amend Its Anti-Conversion Law

In the Indian state of Gujarat, the Cabinet has decided to propose liberalization of its anti-conversion law that had been enacted in 2003, according to yesterday's Times of India. The amendments to the Freedom of Religion Act will eliminate the need for government approval of conversion between sects of the same religion. It will consider Hinduism, Buddhism, Jainism and Sikhism all sects of a single faith for these purposes. The amendments will be presented to the Assembly during its Sept. 18-19 session. The government hopes that this will permit it to implement the 2003 statute which it so far has not enforced because of doubts about its legality.

UPDATE: On Sept. 19, the amendments to the Freedom of Religion Act were passed by the State Legislative Assembly. However opponents vigorously protested the law's description of Buddhism and Jainism as Hindu denominations. (Express News Service.)

Puzzling Developments In Ohio On Intelligent Design

What is Ohio's State Board of Education doing? After much speculation that it would be adopting a "Controversial Issues Template" that might permit discussion of Intelligent Design in the classroom, on Monday a board subcommittee failed to vote on the proposal. The Akron Beacon Journal says that instead, the subcommittee spent the two hours allocated to the issue rewriting the minutes of its July meeting to remove references in them to Intelligent Design. The original July minutes referred to other controversial issues, such as global warming, cloning and stem-cell research. Apparently, however, these were in fact not discussed, and Monday's revised minutes delete references to them.

Dutch Justice Minister-- Sharia Could Be Established Democratically

In Netherlands, Justice Minister Piet Hein Donner said that if enough people vote for it, the country should be able to adopt Islamic law. The statement is reported Wednesday in WorldNet Daily. It came in reaction to parliamentary leader Maxime Verhagen who argues that the country should ban parties wanting to establish Islamic law. Donner said that Muslims have a right to practice their religion in ways that are different from Dutch social norms, and concluded that Muslim groups should be able to come to power through democratic means.

Study Says Texas High School Bible Courses Are Sectarian

Today's San Antonio Express News reports on a study by the Texas Freedom Network that finds a majority of Bible courses offered as electives in Texas high schools are devotional and sectarian rather than academic. The report says:

with a few notable exceptions, the public school courses currently taught in Texas often fail to meet minimal academic standards for teacher qualifications; curriculum, and academic rigor; promote one faith perspective over all others; and push an ideological agenda that is hostile to religious freedom, science and public education itself.

Courses are often taught by teachers with no academic training in biblical, religious or theological studies, and sometimes are taught by local clergy. However the report cited 3 districts that presented courses in a much more neutral manner. The full text of the report, titled Reading, Writing and Religion: Teaching the Bible in Texas Public Schools, is available online.

Masorti Movement Wins A Small Victory In Israel

In Israel, just a day before a hearing was to be held in the High Court of Justice, the Jerusalem Post reports that a compromise was reached between the religious council in the Negev settlement Meitar and its local Masorti (Conservative) synagogue. The Council agreed to advertise the times of Masorti services for the Jewish High Holidays along with publicizing Orthodox services. Orthodox Rabbi Moshe Bigal had ordered the Council not to advertise for the Masorti Movement, saying: "Jewish law does not permit me to advertise them. I cannot condone a movement that did nothing to prevent assimilation in the US. For me the Conservatives are not a part of Judaism. It's as if a church or mosque asked me to advertise for them."

Church May Be Liable For Negligent Supervision Of Minister-Marriage Counselor

Here is a case from a few months ago that has not previously been noted. In Vione v. Tewell, (Sup. Ct. NY County, May 19, 2006), a New York trial court held that it would not unconstitutionally impinge on ecclesiastical issues if it moved forward with plaintiff's claims that a minister was having an affair with his wife at the same time he was providing secular marriage counseling to the couple. The court said that a claim had been stated for breach of fiduciary duty by the minister acting as marriage counselor, but that the church was not vicariously liable because the minister was acting outside the scope of his duties in having sexual relation with plaintiff's wife. However the church could be liable for negligent retention and supervision of the minister.

Suit Challenges Faith-Based Grants To Marriage Institute

Yesterday, on behalf of 13 Washington state taxpayers and residents, Americans United for Separation of Church and State filed suit challenging two federal faith-based grants awarded to the Northwest Marriage Institute. (Press release.) The complaint in Christianson v. Leavitt (full text) says that the Institute, formed to provide Bible-based pre-marital and marriage counseling, has used federal funds for staff salaries, for educational materials and to set up a web site that promotes fundamentalist religious beliefs. The complaint alleges that there are not adequate safeguards to prevent federal funds from being used for religious purposes in violation of the Establishment Clause. It seeks an injunction against future grants to the Institute and an order requiring the Institute to repay funds it has already received.

Covering the filing of the suit, today's New York Times interviewed Bob Whiddon Jr., director of the Northwest Marriage Institute, who argued that the federal grants could legally be used to increase the capacity of his organization to serve the community. George Washington University Law Professor Robert Tuttle criticizes the government for not providing clear guidelines on the use of federal faith-based funds.

Chaplain's Court Martial Begins

The court martial trial of Navy Chaplain Gordon J. Klingenschmitt began yesterday. The Associated Press reported that the case turns on whether or not Klingenschmitt violated an order regarding when he could wear his Navy uniform. A superior officer had ordered him not to wear it during media appearances without first receiving permission, but said he could be in uniform if conducting a worship service. At issue is whether his leading two prayers in uniform at a press conference held in front of the White House violated that order. The news conference was called by the Foundation for Moral Law, headed by former Alabama Supreme Court Justice Roy Moore. It is expected that Moore-- who became famous when he erected a large 10 Commandments monument in the lobby of the Alabama Supreme Court's building-- will testify on Klingenschmitt's behalf. Klingenschmitt, an Evangelical Episcopal priest, has been on a long campaign against Navy rules that call for chaplains to deliver only non-denominational prayers, except when they are conducting their own denomination's religious services. (See prior posting.)

UPDATE: After deliberating for 1 hour and 20 minutes, a jury of 5 officers on Wednesday found Klingenschmitt guilty of disobeying a senior officer's order. Klingenschmitt's attorney called no witnesses for the defense, instead arguing that the government's evidence demonstated his client's innocence. The jury returns on Thursday to determine the appropriate sentence, which could be forfeiture of 2/3 pay for a year and a reprimand. (Associated Press)

UPDATE: On Thursday, the court martial decided that Klingenschmitt should receive a letter of reprimand. The jury also recommended that he lose $250 per month of his pay, but the court suspended that part of the sentence. Klingenschmitt says he will appeal. (WAVY-TV, Norfolk, VA.)

2nd Circuit Rejects Establishment Clause Challenge To Legal Services Restrictions

The U.S. Second Circuit Court of Appeals has rejected a rather ingenious Establishment Clause argument in a suit challenging federal restrictions on local legal assistance programs that receive federal funding through the Legal Services Corporation. The restrictions relate to the organizations bringing class actions, seeking certain types of attorneys' fees and engaging in in-person client solicitation. When a local program receives non-federal money as well, it can create an affiliate organization to use funds for otherwise prohibited purposes, but only if it meets strict requirements of separation between the two organizations. In Brooklyn Legal Services Corp. B v. Legal Services Corporation, (2nd Cir., Sept. 8, 2006), challengers argued that under the President's faith-based initiative, religious organizations that receive federal funds have less stringent separation requirements for assuring that federal funds are not used for their religious activities. The court rejected the argument that this amounts to an unconstitutional discrimination against secular speech.

Scientologists Lose Challenge To Nebraska Infant Blood Test Law

Nebraska's required blood test for newborns to screen them for eight metabolic diseases that can cause mental retardation or death if left untreated was upheld against constitutional challenges brought by a couple who follow the teaching of the Church of Scientology. They believe that parents should insulate their newborns from pain during the birth process and for the first seven days of life. In Spiering v. Heineman, 4:04 CV 3385 (D NE, Sept. 12, 2006), a Nebraska federal district court rejected free exercise, due process and Fourth Amendment challenges. The Associated Press yesterday reported on the decision. Nebraska is one of only four states that do not have religious exemptions to their laws on screening of newborns, and is the only state that permits courts to force parents to have their children tested.

The court spent most of its opinion on plaintiffs' free exercise challenge. It held that the requirement is a neutral law of general applicability, and as such the legislature needed only a rational basis for imposing the regulation. (See prior related posting.) [Thanks to How Appealing for posting the opinion.]

European Parliament Criticizes Turkey On Religious Freedom; Turks Respond

Earlier this month, the Foreign Affairs Committee of the European Parliament approved a report that was very critical of the progress toward EU membership that Turkey has made in a number of areas. (AINA report.) Among the items in the report (full text) was criticism of Turkey's limitations on the free exercise of religion by non-Sunni Muslim minorities. The non-profit group ABHaber yesterday issued comments (full text) responding to the European Parliament's report, including a defense of progress that Turkey has made in assuring religous freedom for minorities.

The comments point out that a Minority Issues Assessment Commission has been set up to find solutions to daily problems faced by non-Muslim religions; non-Muslim religious foundations have been granted the right to buy and sell real property; non-Muslim places of worship have been restored; and an amended Law on the Civil Status Registration Services allow individuals to have their religion removed from the register of families and the religion section of their birth certificate left blank.

Christian Anti-Abortion Group Has 501(c)(3) Status Revoked

The Internal Revenue Service announced last Friday that it has revoked its determination that Youth Ministries, Inc., d/b/a Operation Rescue West Wichita, KS qualifies as a Section 501(c)(3) and Section 170(c)(2) exempt non-profit organization. IRS Announcement 2006-69 (Sept. 8, 2006). Operation Rescue is an anti-abortion group that describes itself as "one of the leading pro-life Christian organizations in the nation ... on the cutting edge of the abortion issue, taking direct action to restore legal personhood to the pre-born and stop abortion in obedience to biblical mandates." The group and its leader, Troy Newman, have been under investigation by the IRS for money laundering and tax evasion. Apparently Newman claims his staff are "missionaries" and does not report their income to the IRS. (Wikipedia.)

Wiesenthal Center To Ask Israel Supreme Court For Approval On Museum

The Los-Angeles based Simon Wiesenthal Center will ask Israel's Supreme Court to allow it to begin building a Museum of Tolerance in downtown Jerusalem. The Associated Press today reports that this step is being taken after seven months of court-ordered mediation between the Center and Arab groups opposing the Museum failed. (See prior related posting.) Muslim groups say the site was a cemetery. They rejected the Center's proposal to move remains to a nearby neglected Muslim cemetery and renovate it, after Palestinian families living in east Jerusalem who had relatives buried at the Museum site opposed the plan. The proposed Museum site is now a 4-floor deep parking lot and was given to the Center by the Jerusalem municipality. It has not been officially designated as a cemetery for more than 30 years, and in 1964 an Islamic court ruled that the area is no longer sanctified as a cemetery. However Durgham Saif, a lawyer for Karameh, one of the two Arab groups involved in the dispute, says that the Islamic judge who made that ruling was corrupt and was acting without due process.

Michigan Religious Leaders Oppose Anti-Affirmative Action Ballot Measure

Today's Detroit Free Press reports that some 300 Christian, Jewish and Muslim leaders of will hold a news conference this morning to register their opposition to the so-called Michigan Civil Rights Initiative, a proposal on the ballot in November that, if adopted, would ban affirmative action programs. Yesterday, the U.S. 6th Circuit Court of Appeals denied opponents request for an injunction pending appeal in their attempt to keep the proposal off the November ballot.

Navy Chaplains Lose Evidentiary Challenge

Plaintiffs have suffered a loss in a long-running challenge to the Navy Chaplain Corps' hiring, promotion and retention policies. Adair v. Winter, 2006 U.S. Dist. LEXIS 64327 (DDC, Sept. 11, 2006), involves issues at the discovery stage of the case that was brought by current and former Navy chaplains and an agency that certifies chaplains. Plaintiffs claim that Naval policy favors liturgical Christian sects over non-liturgical Christian sects. This opinion involves a constitutional challenge to 10 USC 618(f) that denies plaintiffs civil discovery of the proceedings of Naval officer promotion boards. The court held that there is no constitutional right to privileged evidence in the case, and that the board proceedings are not essential to plaintiffs' proving their claim. (See prior related posting.)

Boston Religious Leaders Urge Muslims To Do More To Repudiate Terrorism

The Boston Globe reports that yesterday in commemoration of 9/11, there was an "unusually candid, two-hour conversation among many of the most important religious leaders in Massachusetts, including rabbis, imams, and bishops, as well as several dozen clergy and lay leaders" that urged the Islamic community to be more vocal in distancing itself from those who support violence and terrorism. Some Muslims at the meeting suggested that the media had not adequately covered voices within the Muslim community that do condemn violence. The meeting also covered other concerns, such as Muslim fears of discrimination and Jewish concerns over anti-Semitism.

More Limits On Jurisdiction Of Israel's Rabbinic Courts

In another blow to the jurisdiction of rabbinical courts, Israel's High Court of Justice ruled yesterday that rabbinical courts do not have jurisdiction to grant a divorce to a couple where only one of the spouses is Jewish. The Jerusalem Post reports that the case had been pending for ten years while the parties lobbied the Knesset for legislation that would specifically grant religious courts jurisdiction over mixed marriages. The decision turned on an interpretation of the 1953 Rabbinical Court Adjudication Law (Marriage and Divorce). (See prior related posting.)

Pentagon Chapel Is Busy Venue

Yesterday's Washington Post profiles the chapel at the Pentagon building, constructed after the 9/11 attack on the building. No permanent symbols of particular religions appear in the chapel, and its stained glass windows all have secular themes. Many faiths use it, and their symbols are brought out for their services. On Fridays, the chapel is busy: Catholic Mass at 11:30, a Jewish service at 12:30 and an Islamic service at 2.

Boston Court Refuses To Apply Anti-SLAPP Law To Mosque's Defamation Suit

A decision that is particularly interesting as we today commemorate the anniversary of 9/11 has just become available on LEXIS, even though it was handed down almost 8 weeks ago by a state trial court in Boston. Islamic Society of Boston v. Boston Herald, Inc., 2006 Mass. Super. LEXIS 391 (Super. Ct., Suffolk Co., July 20, 2006), grows out of efforts of the Islamic Society of Boston (ISB) to build a new mosque in Roxbury on land that was part of an urban redevelopment project. The mosque purchased land from the Boston redevelopment authority for the mosque. (See prior posting.) However a media campaign and litigation in opposition to the mosque developed by individuals who asserted that ISB was directly connected to and funded by radical terrorist organizations. This publicity prevented ISB from raising sufficient funds to finally build the mosque.

At that point, ISB and two individuals connected with it brought a defamation action alleging that their public vilification damaged their reputation and led to donors being unwilling to contribute funds to ISB. Defendants in the case responded by asserting that the defamation action is barred by Massachusetts' anti-SLAPP statute -- a law designed to prevent use of lawsuits against citizens who petition the government on a matter under review, or to encourage such review. In this decision, the court holds that the anti-SLAPP law does not bar the defamation action because the challenged statements were made to turn public opinion against ISB, and not to affect or obtain government review of the mosque project.

The court concluded: "The instant case not only involves a claim for libel but it also touches on the right to the free exercise of one's religion: The Complaint ... alleges that ... that [plaintiffs] were targeted because they were Muslim, in violation of their civil rights. To prevent them from pursuing relief at this early juncture ... would come dangerously close to applying [the anti-SLAPP law] in an unconstitutional manner."

No Immunity For Principal In Recess Bible Reading Case

L.W. v. Knox County Board of Education, 2006 U.S. Dist. LEXIS 64138 (ED TN, Sept. 6, 2006), is a suit by a Christian 5th grade student at Karns Elementary School in Knox County, Tennessee, challenging the school's policy that precludes him from informally reading and discussing the Bible with fellow students during recess. The suit alleges violations of the student's First Amendment rights. In response, the principal of Karns Elementary School filed a $3 million counterclaim alleging libel and slander. In this opinion, a federal district judge dismissed the principal's counterclaim on jurisdictional grounds and held that the principal did not have qualified immunity in the student's lawsuit against her. The school claims that the denial of the student's rights came from a misunderstanding about the kind of Bible study that was being proposed. (See prior posting.) The court found that "L.W.'s right to read and discuss the Bible at recess with his friends is a clearly established right under the First Amendment."