Funeral Picketers Become Kansas Election Issue

Rev. Fred Phelps Sr. and his Westboro Baptist Church in Topeka, Kansas have become an issue in the hard-fought race for Kansas Attorney General, according to yesterday's Associated Press. Republican incumbent Phill Kline is pressing for legislation to toughen Kansas' law that prohibits demonstrations at funerals. Westboro Baptist Church members picket soldiers' funerals, claiming that deaths in Iraq and Afghanistan are God's punishment for the United States tolerating homosexuality. However now it turns out that Rev. Phelps son donated $500 to Kline's campaign and was subsequently invited to a Kline fundraiser. Kline says he did not know of Phelps' connections with Westboro Baptist. Kline later gave the $500 to the Patriot Guard, a group that protests against the Phelpses. Kline said that the subsequent invitation to Phelps , if it happened, was a clerical error.

9th Circuit OK's Exclusion Of Worship Services From Library Rooms

Yesterday in Faith Center Church Evangelistic Ministries v. Glover, (9th Cir., Sept. 20, 2006), a 3-judge panel in the 9th Circuit wrote 3 opinions, and by a vote of 2-1 decided that a Contra Costa County public library could make its meeting rooms available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". The majority opinion by Judge Paez focused on cases that permit the government to draw reasonable, viewpoint neutral distinctions on who can use a "limited public forum". He concluded that: "Religious worship ... is not a viewpoint, but a category of discussion...." Excluding religious discussion of topics on which secular perspectives exist is not permissible. Excluding pure worship is.

A dissent by Judge Tallman argued that any attempt by the County to distinguish worship from other kinds of religious speech would create excessive government entanglement with religion, in violation of the Establishment Clause.

However, the most interesting reading was Judge Karlton's concurring opinion. He wrote:

I concur in Judge Paez's well-reasoned opinion, which reflects the sorry state of the law. I write separately to express my dismay at that sorry state.

This should be a simple case it asks whether the county can be forced to subsidize a religious organization's prayer meetings by requiring it to provide the religious organization with a free place to worship. A quick reading of the First Amendment to the Constitution of the United States should answer the question....

[Prior cases] turn on the High Court's purported inability to distinguish between a sermon and a speech. That distinction, however, is compelled by the First Amendment.... [R]eligious speech is categorically different than secular speech and is subject to analysis under the Establishment and Free Exercise Clause without regard to the jurisprudence of free speech.

Those, like myself, who advocate adherence to the strictures of the Establishment Clause, do so not out of hostility towards religion.... Rather, we are motivated by recognition of the passions that deeply-held religious views engender, and the serious threat of marrying those passions to government power.... That threat is not merely historic. One need only look about the world to see that danger in play.

The San Jose Mercury News covers the decision. (Also see prior related posting.)

Study of Black Churches and Faith-Based Initiative

Last Tuesday, the Joint Center for Political and Economic Studies published a report on Black churches and President Bush's Faith-Based Initiative. A release by the Center summarizes the study's major findings. Only 2.4% of the Black churches surveyed received any faith-based funding. Interestingly, of the Black churches that did receive such funding 47% were from the Northeast, and only 26% were from southern states. African-American churches in states that voted Democratic in the last two presidential elections were more likely to get faith-based grants than were churches in states that voted Republican. The study found that liberal and progressive churches were more interested in participating in the Faith Based initiative than were conservative ones, even though conservative churches viewed the Faith Based Initiative more favorably. And the report concluded that there had been insufficient outreach to Black churches about the Faith Based Initiative. Newhouse Newspapers yesterday reported on the study.

Pope Again Tries To Explain His Remarks About Islam

Speaking this week at his Wednesday audience in St. Peter's Square, Pope Benedict XVI again attempted to clarify his controversial use of a quotation about Islam from a 14th century Byzantine emperor in remarks he made last week at the University of Regensburg in Germany. Zenit reports the text of his Wednesday statement:

For the careful reader of my text, it is clear that I did not wish at any time to make my own the negative words uttered by the medieval emperor in this dialogue and that its controversial content does not express my personal conviction.... I wished to invite the Christian faith to dialogue with the modern world and to dialogue with all cultures and religions.

He said that he has tried to make clear his

deep respect for the great religions, in particular for Muslims -- who 'adore the one God' and with whom we are engaged in "preserving and promoting together for all mankind social justice, moral values, peace and freedom."

Two Decisions On Jurisdiction Over Religious Employment Disputes

Two cases involving the constitutional limits on federal court jurisdiction over employment decisions made by religious authorities were handed down this week:

In Vann v. Guildfield Missionary Baptist Church, 2006 U.S. Dist. LEXIS 66947 (WD VA, Sept. 19, 2006), a Virginia federal district court permitted the minister of a church to proceed with his claim that his dismissal by the deacon of his church violated the church's bylaws. The bylaws provided for the minister's dismissal only by a vote of a majority of the church's members. The court said that since no member vote was ever taken, "the Church itself has never acted. Thus, I have subject matter jurisdiction to consider this case because the decision to fire Vann .... was not the decision of a religious entity or church. As a result, that decision is not constitutionally protected from judicial review."

Maruani v. AER Services, 2006 U.S. Dist. LEXIS 66789 (D MN, Sept. 18, 2006), involved the dismissal of Leo Maruani , a shochet (kosher butcher), from the employ of AER Services, a commercial business that provides slaughtering services for companies that sell kosher meat products. He was dismissed after the rabbi supervising the plant in which he worked objected to the fact that Maruani was not leading a visibly pious life because he did not live within walking distance of an Orthodox synagogue.

The court dismissed Maruani's claim that he was discriminated against because of his religion in violation of the Minnesota Human Rights Act. He alleged that the supervising rabbis placed religious requirements upon him that they did not impose on other shochtim. The court held: "An examination of the gradations in the rules of Kashruth or severity with which the rabbis enforced those rules is precisely the type of religious-based claim the Court is forbidden from entertaining." However the court permitted Maruani to proceed with claims that the rabbis' religious objections were not the real reason for his dismissal, and that the real reasons violated Minnesota's Whistleblower Act and its Workers Compensation Act.

Michigan Gubernatorial Candidate Favors Teaching Intelligent Design

During an interview on educational issues with the Associated Press on Tuesday, Michigan Republican gubernatorial candidate Dick DeVos said he favors permitting, but not requiring, the teaching of Intelligent Design in Michigan public schools. He said: "I would like to see the ideas of intelligent design that many scientists are now suggesting is a very viable alternative theory. That theory and others that would be considered credible would expose our students to more ideas, not less."

Secretary General Warns of Possible Global Religious Warfare

Opening the 61st session of the United Nations General Assembly on Tuesday, Secretary General Kofi Annan, in one paragraph of his speech (full text), warned of the potential of international religious warfare:

[A]t the very time when international migration has brought millions of people of different creed or culture to live as fellow-citizens, the misconceptions and stereotypes underlying the idea of a "clash of civilizations" have come to be more and more widely shared; and insensitivity towards other people's beliefs or sacred symbols -- intentional or otherwise -- is seized upon by those who seem eager to foment a new war of religion, this time on a global scale.

DPA reported Tuesday on this aspect of Annan's remarks.

Indonesia Court Dismisses Blasphemy Case From Muhammad Cartoons

A court in South Jakarta, Indonesia Wednesday dismissed a blasphemy case that had been brought against the editor of Rakyat Merdeka newspaper online for publishing controversial cartoons of the Prophet Muhammad last year. Yesterday's Washington Post reported that the charges were thrown out because the law used by the prosecutor required a showing of disrespect for Islam. The judge found that the paper used the cartoons merely as background for a news story. (See prior posting.)

School Appeals Gideon Bible Distribution Ban

Agape Press reported yesterday that an appeal was filed in the U.S. Eighth Circuit Court of Appeals last week by Missouri's South Iron R-1 School District. It seeks reversal of a trial court decision earlier this month that enjoined the school from permitting the distribution of Gideon Bibles on school property to elementary school students. The school district is being represented by Liberty Lobby, whose Chief Counsel, Erik W. Stanley, said that the lower court was treating the Bible as "a radioactive device that harms children when they are exposed to it".

College Can Require Instructors To Avoid Irrelevant Religious Discussion In Class

Yesterday, the U.S. Seventh Circuit Court of Appeals rejected claims brought by a part-time instructor of cosmetology at a public community college that the school's failure to re-hire her violated her constitutional rights, including her right to discuss her religious beliefs. In Piggee v. Carl Sandburg College, (7th Cir., Sept. 19, 2006), instructor Martha Piggee, upon discovering that one of her cosmetology students was gay, placed two pamphlets in the student's smock during clinical instruction time. She pressed the student to discuss the pamphlets with her. The materials that Piggee had given to student Jason Ruel were virulent religious denunciations of homosexuality in comic book format. When Ruel complained to college officials, they investigated and concluded that Piggee's conduct constituted sexual harassment. They found that "Piggee has been proselytizing in the hopes of changing Mr. Ruel's sexual orientation and religious beliefs." It appears that Piggee had given religious pamphlets to other of her students as well.

The court concluded that: " the college had an interest in ensuring that its instructors stay on message while they were supervising the beauty clinic, just as it had an interest in ensuring that the instructors do the same while in the classroom.... [W]e see no reason why a college or university cannot direct its instructors to keep personal discussions about sexual orientation or religion out of a cosmetology class or clinic." [Thanks to How Appealing for the lead.]

Chicago's Jewish Aldermen Urged On Religious Grounds To Keep Foie Gras Ban

In April, Chicago's City Council, concerned about animal cruelty issues, voted 48-1 to ban the sale of foie gras in Chicago. The Illinois Restaurant Association and a coalition of chefs have filed suit to overturn the ban, and some politicians, including the Mayor, are now pushing for repeal. The Chicago Sun-Times yesterday reported that two Jewish Aldermen have been urged on religious grounds to oppose the ban's repeal. Rabbi Asher Lopatin wrote Aldermen Burton F. Natarus and Bernard Stone, saying: "Beyond the Kosher dietary laws, God has told us to do what is 'good and proper in the eyes of God'. The cruelty inflicted on animals in the production of foie gras is unspeakable. It is undeniably disgusting in the eyes of God and in the eyes of any civilized person." And Jana Kohl, former director of the Simon Wiesenthal Center for Holocaust Studies, wrote the same two Aldermen: "As the only two Jewish members of the Council, it's particularly shameful and disgraceful of you to turn your back on our cherished concept of 'tikun olam,' namely our obligation to make our world a better, more compassionate place."

Lawyers Say Shared-Use By YMCA, School, Not A Church-State Problem

The Northland Pines School District in Wisconsin is proposing to lease land to the YMCA that would permit it to build a facility onto a new high school that is being constructed. Students would have free use of the YMCA athletic facilities during the school day. The Vilas County (WI) News-Review reported yesterday that a law firm engaged by the school board concluded that the agreement does not create church-state problems. The law firm of Davis & Kuelthau S.C., said that the YMCA is unlikely to be found to be a religious organization, despite the fact that it was originally founded on Christian principles. Moreover, it concluded, the purpose of the shared-use agreement between the school and the YMCA is purely secular, and it will not have the primary effect of promoting or advancing religion. Nevertheless, the Freedom From Religion Foundation has written to the school board, expressing concern that the shared-use agreement does not explicitly prohibit religious slogans or imagery in the YMCA building.

Congress Will Award Medal To Dalai Lama

Last week Congress passed,and sent to the President S. 2784, The Fourteenth Dalai Lama Congressional Gold Medal Act. It calls for the award of a special gold medal by Congress to the Dalai Lama in recognition of his contributions to peace, non-violence, human rights, and religious understanding.

Texas State School Board Limited In Reviewing Textbook Content

On September 18, Texas Attorney General Greg Abbott issued Opinion No. GA-0456, holding that the State Board of Education may screen textbooks for factual errors, but may not go beyond the powers granted to it by statute in judging textbook content on controversial issues such as evolution, birth control and global warming. In holding this, Abbott reaffirmed a 1996 Attorney General's opinion. However, Abbott overruled one part of the earlier opinion and held that the State Board of Education has similar authority over ancillary materials like teacher manuals, charts and workbooks. Yesterday's Dallas Morning News reported on the AG Opinion. (See prior related posting.)

Conditions Of Parole At Faith-Based Shelter Challenged

Yesterday's Charleston Gazette reports that the ACLU of West Virginia has filed suit on behalf of William Stanley, challenging the conditions of his parole from prison. (ACLU Press Release.)Upon being granted parole, Stanley was not allowed to move, as planned, to his fiancee's home because of West Virginia's statutory prohibition on cohabitation. The state also rejected Stanley's proposal to live with his brother, because victims of his forgery crime lived nearby. After four months, Stanley arranged to be paroled to the Union Mission, a faith-based nonprofit homeless shelter. However, a condition of living at Union Mission was his participation in a program requiring daily prayer, religious classes and attendance at an approved church. The lawsuit claims that the government unconstitutionally participated in forcing religious practices on Stanley. The suit also challenges West Virginia's anti-cohabitation law.

Election Day Sukkot Holiday Poses Problem In Belgium

In Belgium, thousands of Orthodox Jews face a problem as the country's October 8 elections approach. Election day coincides with one of the days of the Jewish festival of Sukkot. The halachic ban on writing or using electrical equipment on the holiday will make it impossible for observant Jews to vote. Authorities have rejected a request from the country's Forum of Jewish Organizations to permit early voting on Friday, October 6. Voting is mandatory in Belgium. Individuals who do not go to the polls can face a fine, unless they have an authorized exemption. However there are no provisions for religious exemptions. Reporting on the issue, Vrtnieuws says that the only option is for Belgian Jews to vote by proxy. [Thanks to Steven H. Sholk for the information.]

New EEOC Commissioner Named

Last week, the White House announced that the President intends to nominate David Palmer to be a Commissioner of the Equal Employment Opportunity Commission, for the remainder of a five year term expiring in 2011. Palmer is currently Chief of the Employment Litigation Section of the Department of Justice Civil Rights Division. The EEOC enforces federal laws that ban employment discrimination on various grounds, including religion.

Church Involvement In Political Campaigns Decried

The issue of involvement by churches in political campaigns continues to attract attention. American Atheists yesterday issued a Press Release criticizing Tennessee Democratic candidate for the U.S. Senate, Harold Ford, Jr., for filming an ad in a Baptist Church. It said that using the church as a backdrop "sends a 'divisive' message and is 'religionizing' important public policy issues."

Meanwhile, Americans United For Separation of Church and State announced a national campaign to alert churches to the requirements of the federal tax law that prohibit them from taking sides in partisan political campaigns. The letter was sent to 117,000 churches in eleven states, in reaction to efforts by those on the religious right to mobilize churches on behalf of conservative Republican candidates. In a news conference yesterday, AU executive director, Rev. Barry W. Lynn, particularly criticized the political efforts of Dr. James Dobson's organization, Focus on the Family.

Virginia Senator Reacts Angrily To Suggestion Of Jewish Roots

The Washington Post reports on an unusual exchange between a reporter and Republican U.S. Senator George Allen in a debate yesterday between Allen and his challenger in the November election, Democrat Jim Webb. Last week, the Forward (a Jewish newspaper) reported that Senator Allen, a practicing Presbyterian, has Jewish roots. It said his Tunisian-born mother comes from a Sephardic Jewish family. In yesterday's debate, according to the Post, when a reporter asked Allen about this:

Allen recoiled as if he had been struck. His supporters in the audience booed and hissed. "To be getting into what religion my mother is, I don't think is relevant," Allen said, furiously. "Why is that relevant -- my religion, Jim's religion or the religious beliefs of anyone out there?"

Allen also lectured the reporter about the importance of "not making aspersions about people because of their religious beliefs." In the past, Allen has denied that his mother was Jewish, but has said that his grandfather was incarcerated by the Nazis in World War II.

UPDATE: The New York Times reports that on Tuesday, Sen. Allen issued a statement confirming his Jewish ancestry, saying "I embrace and take great pride in every aspect of my diverse heritage..."

Judge Reprimanded For Ordering Probationer To Church

The Florida Supreme Court yesterday reprimanded state Circuit Judge Richard Albritton Jr. for 14 ethics violations, including ordering a probationer to go to church, even though Albritton knew that the order was unconstitutional. The Associated Press reports that the reprimand was agreed to by Albritton after it became clear that he would be running unopposed for re-election in November.