Suit Against Air Force Academy Dismissed Without Reaching Merits

A New Mexico federal district court yesterday dismissed a suit by several recent Air Force Academy graduates, the father of a currently enrolled cadet, and an Air Force recruiter. The suit, originally filed by Academy alum Mikey Weinstein, claims that the Air Force Academy has a policy of evangelizing and proselytizing cadets, that the the Air Force's Interim Guidelines on Free Exercise of Religion were unconstitutional and that recruiters are both subject to religious proselytization and proselytize recruits. (See prior postings 1, 2 .)

In Weinstein v. United States Air Force, (D NM, Oct. 27, 2006) the court found that some of the plaintiffs lack standing because they have graduated from the Academy. As to others, they "do not allege ... that there is 'a real and immediate threat' that they will have 'personal contact' with the alleged Establishment Clause violations...." The Air Force recruiter's claims were barred on several grounds, including statute of limitations, failure to exhaust administrative remedies and the speculative nature of future injuries. Plaintiffs' attempt to obtain a declaratory judgment on the constitutionality of the Air Force Guidelines was dismissed because of delay in seeking to add the claim.

Claims against the Secretary of the Air Force were dismissed without prejudice. The court suggested that any future suit raising the same claims probably should be filed in federal court in Colorado, Virginia, or Washington, D.C. instead of New Mexico. The Air Force Times covers the story.

Court Denies Enlisted Doctor Conscientious Objector Status

Earlier this month, a Boston anesthesiologist successfully claimed conscientious objector status and avoided being ordered to active military duty. A Massachusetts court decided she should be discharged, with her agreeing to repay, with interest, the money the government spent on her medical education. Now it turns out that her attorney, within days, also sued on behalf of two other anesthesiologists who are seeking conscientious objector status allegedly developed after their enlistments. Yesterday's Detroit News reports that Detroit federal judge Avern Cohn has sided with the army and rejected the CO application of one of them, Dr. Ryan Hae Kwon, a Christian who was born in South Korea and who moved to Hawaii as a child. Major David M. Wilson, who investigated Kwon's claim for the Army, said Kwon developed sincere beliefs against war over the course of a year after seeing accounts and photos of events in Iraq. The army, however, said that it is short on anesthesiologists.

Amish Couple Challenge USCIS Photo Requirement

Immigration rules of the U.S. Citizenship and Immigration Services require that applicants for permanent residency in the United States file, as part of their paper work, two photos. In Pittsburgh, according to an Associated Press report published today, an Amish couple has filed suit challenging the requirement on religious grounds. Old Order Amish interpret the Biblical commandment against making "graven images" as prohibiting photos. The government, because of increased terrorism concerns, has ended its past practice of waiving the photo requirement for religious objectors. However, the couple's attorney is asking for a waiver so the husband, who is a Canadian citizen, can remain in the U.S. and eventually apply for U.S. citizenship. The couple has filed the lawsuit anonymously because they could be excommunicated from their Amish community for violating its principles of non-resistance if the community learned of the suit.

Danish Court Dismisses Defamation Suit Against Jyllands Posten For Cartoons

Yesterday in Aarhus, Denmark, the City Court dismissed a defamation suit that had been brought by seven Danish Muslim groups against the Jyllands-Posten for publishing now-infamous caricatures of the Prophet Muhammud last year. Yesterday's London Times says that the Danish court found that while the cartoons may have been offensive to some Muslims, there was no evidence that the paper had intended to insult the Prophet or mock the Islamic religion. When it published the cartoons, the Jyllands-Posten said its purpose was to challenge perceived self-censorship among artists who were afraid to offend Islam.

The court's dismissal of the defamation action immediately generated criticism in the Middle East (International Herald Tribune) and Pakistan (Examiner).

Muslim Taxi Drivers At Minneapolis Airport In Inter-Communal Fight

Last month, the media reported widely on steps being taken at Minneapolis-St. Paul International Airport to provide for Somali Muslim cab drivers to avoid picking up passengers who are carrying alcohol. (See prior posting.) Yesterday's Minneapolis Star Tribune carried a fascinating article suggesting that the matter is even more complex that it first appeared. Apparently neither Somali culture nor religious tradition bans carrying alcohol for people as part of a commercial enterprise. Instead, it appears that the initiative to focus on the taxi issue originated in a fatwa issued in June by the Minnesota chapter of the Muslim American Society (MAS). That group however is made up of Arab Muslims, not African Muslims. So this is apparently part of a struggle within the Islamic community in Minnesota in which the MAS is attempting to use the more vulnerable Somali community to rally support for its Middle East agenda.

Religious Remarks To Jewish Audience At Candidate Forum Backfire

In Arizona, attempts by a spokesman for Baptist Congressman J.D. Hayworth to appeal to the religious beliefs of voters has backfired, according to an article in this week's Forward. Jewish religious law generally permits abortion to protect the life or health of the mother. The National Council of Jewish Women (NCJS), supports abortion rights more broadly. Jonathan Tratt, a Jewish spokesman for Hayworth appearing at a candidates' forum sponsored by the Arizona Section of NCJS, defended Hayworth's anti-abortion stance by arguing that the Baptist congressman was “a more observant Jew” than the audience members. This led to a walk-out by many of those present.

Any Problem With Polling Places In Churches?

An article in yesterday's Salem, Virginia Times-Register raises the question of whether locating polling places in churches creates any Establishment Clause issue. It says that in past years, a number of churches objected to being used as voting locations out of concern about government intrusion into religion.

Israeli Government Sued By Individuals Required To Go Abroad For Marriage

Israelis attempting to effect a change in their country's law to permit civil marriages have devised a new tactic. The Association for Rights of Mixed Families (ARMF) has filed suit in Haifa's Magistrate's Court on behalf of two couples who had to travel abroad to marry. Where a Jew is marrying an individual who is not Jewish under halacha (Jewish law), or where the individuals marrying have no religion, there is no way for them to celebrate a wedding in Israel. Today's edition of Haaretz reports that the plaintiffs in the lawsuits are seeking damages for their wedding costs, and for humiliation and discrimination caused by the state's negligence in failing to provide a way for them to marry inside Israel. ARMF plans to file 10 to 15 similar suits, and hopes that they will be consolidated for a single hearing.

Florida Supreme Court Avoids Decision In Wiccan Challenge To Sales Tax Exemption

Yesterday the Florida Supreme Court issued an opinion avoiding a definitive decision in a case challenging the state's sales tax exemption for religious publications and various ceremonial objects. A Wiccan group had challenged the constitutionality of the exemption. (See prior posting.) The Florida Supreme Court had agreed to review the appellate court's dismissal of the suit on standing grounds, assuming that it was in conflict with other Florida cases on taxpayer standing. However in Wiccan Religious Cooperative of Florida v. Zingale, (FL Sup. Ct., Oct. 26, 2006), after oral argument, the Supreme Court concluded that the court of appeals' dismissal of the suit did not actually involve taxpayer standing, but instead was based on the conclusion that the Wiccan group had itself benefited from the exemption it was challenging. The Supreme Court was then required to dismiss the appeal since its only basis for review was Florida Rules of Appellate Procedure, Rule 9.030(a)(2)(A)(iv), that permits a discretionary appeal when a court of appeals decision directly conflicts with a decision on the same question of law by another court of appeal or the supreme court. Yesterday's Bradenton (FL) Herald reported on the decision.

Wisconsin City Opens Square For December Religious Displays

Racine, Wisconsin's city council last week decided to deal with Christmas by opening the town square for a coalition of churches to put up a nativity scene, and similarly allowing other religious groups to erect their displays during the same 4-week period around Christmas. Yesterday's Racine Journal Times reported that the 14-1 city council vote (that must be repeated next month because of a noticing error) repudiates attempts by a local man to get the city itself to put up a creche.

Court Approves New Trust Terms To Privatize FLDS Property

The Salt Lake City (UT) Deseret News reports that in a long-awaited move, a Utah judge on Wednesday signed an order reforming the terms of the UEP Trust that was set up by Warren Jeffs, former leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, to hold the property on which his church members-- many of them in polygamous relationships-- lived. The court's plan will ultimately privatize property in Hildale, Colorado City, and Bountiful, British Columbia, and will create "spendthrift" trusts to temporarily place UEP's assets under the control of a trustee. To avoid involving the new trust in illegal activity, it will not inquire whether anyone living on UEP land is practicing polygamy. Authorities fear, however, that FLDS members will resist the changes as their former leader Warren Jeffs has urged. (See prior related posting.)

Florida Appeals Court Again Orders Release of Convicted Midwives

Last week a Florida trial judge essentially defied the ruling of a state court of appeals and refused to release on bond two women who had been convicted of acting as midwives without a license. The court of appeals had held that the women had a reasonable religious freedom defense, and so were entitled to bond pending appeal. (See prior posting.) Yesterday in McGlade v. State of Florida, (FL Ct. App., Oct. 25, 2006), the court of appeals again held that the women were entitled to be released on bond and appointed a different judge as the court of appeals' commissioner to recommend appropriate conditions for the post-trial release of the women. Today's Sarasota (FL) Herald Tribune reports on the court's decision.

Mississippi: Differential Penalties Create No Establishment Problem

In Dimaio v. State of Mississippi, (MS Ct. App., Oct. 24, 2006), a Mississippi court of appeals this week found no Establishment Clause problem with state statutes that set the penalty for burglary of a place of worship at twice the length of the penalty for other burglaries. The court said: "The fact that the statutes in question provide harsher penalties for crimes committed in places of worship does not amount to government endorsement of religion. Rather the harsher penalties reflect a common view that crimes committed in places of worship are more repugnant to the community. Accordingly, we find it unnecessary to conduct a full Lemon test analysis, since it is clear from the face of the statutes that they do not represent government endorsement of religion."

Governments Focus On Jewish Divorce Issue

Should government assist Orthodox Jewish women whose husbands have refused to grant them a religious divorce ("get")? Known as an "agunah", a woman who has not received a get from her husband is precluded from remarrying under Jewish law. In Canada, the Supreme Court has agreed to hear an appeal in a case of a woman seeking damages from her husband for withholding a get. Before they married, Jessel (Jason) Marcovitz of Montreal signed an agreement that if a civil divorce was granted in his marriage to Stephanie Bruker, he would appear before a rabbinic court to grant his wife a get. When Jessel refused for 15 years to carry out this agreement, Stephanie sued in civil court. The trial court awarded Stephanie $47,500 in damages for breach of contract. However in September 2005, a Quebec appellate court held that civil courts could not enforce a contract that requires an individual to engage in a religious act. (See prior posting.) Today's Canadian Jewish News reports that the Canadian Civil Liberties Association is intervening in the appeal to the Supreme Court because of the importance of the case in deciding how religious practices and obligations are treated by the courts.

Meanwhile, in Israel a committee of the Knesset has created an advisory committee that will focus on the plight of the agunah. Arutz Sheva reported yesterday that the parliamentary Committee for the Advancement of Women has created the committee to consult with the Chief Rabbinate, rabbinical courts, advocacy organizations and Knesset members.

Accommodating Muslims Seen By Some As Anti-Christian

At various places around the United States, arguments are beginning to surface that attempts to accommodate Muslims in fact amount to anti-Christian discrimination. Cincinnati, Ohio's WCPO yesterday reported that some Mason, Ohio residents complained that Mason High School was discriminating against Christian students when it made noon-time office space available to two Muslim students during Ramadan so that they could avoid being in the cafeteria while they were fasting. A Mason school board member argued that this was part of a pattern of forcing Christianity out of the school hallways. Other examples she cited were the renaming of "Easter Break" as "Spring Break"and the banning of nativity scenes on school property.

Meanwhile, the Thomas More Law Center objected to sensitivity training regarding Ramadan given to U.S. military personnel in Iraq. Agape Press yesterday reported that Edward L. White III, trial counsel for the Center, says that the courts, the schools, and even the military are favoring religions that do not represent the values and traditions of America.

Polygamy In Canada and U.S.-- New Perspectives

Canada's Department of Justice has recently issued a report titled Polygyny and Canada's Obligations under International Human Rights Law. [Note: "Polygyny" is the correct technical term when referring only to men taking multiple wives. The more common term "polygamy" encompasses both polygyny and polyandry.] Described in the Oct. 25 issue of Today's Family News, the report, written by University of Toronto law professor Rebecca Cook, contends that Canada is violating international human rights law by failing to enforce its legal prohibitions on polygyny. In particular, various human rights treaties to which Canada is a party prohibit discrimination of any kind against women. Responding to the argument that the prohibition of polygamy would violate the protection of religious freedom found in Canada's Charter of Rights and Freedoms, the report noted the distinction between regulating beliefs and regulating religious practices: "While Canada is not entitled under international law to restrict religious belief, it is entitled and in fact obliged in some circumstances to restrict religious practices that undermine the rights and freedoms of others."

Meanwhile in Utah, Communities In Harmony-- an organization of groups that practice polygamy-- has sent out questionnaires to candidates running for political office in Utah seeking their views on polygamy. The organization then rated the candidates for Congress, the Utah Legislature, the judiciary and Salt Lake County district attorney as either "open minded" or "negative". A report by the Associated Press yesterday says many candidates failed to respond to the poll. Wednesday's Salt Lake Tribune also has a story on the poll, and has linked to the Voter Guide online.

Idaho City Will Vote On 10 Commandments Display

In the upcoming November 7 election in Boise, Idaho, voters will be asked to cast ballots on a referendum to approve building a new Ten Commandments monument in the city's Julia Davis Park. KBCI2 TV News yesterday reported that the Interfaith Alliance of Idaho, made up of local leaders from Islamic, Buddhist and several Christian denominations, gathered on the steps of city hall to announce their opposition to the new monument. For some of them, the concern was that the move would open the park for other monuments as well. Others articulated religious arguments against placing the monument on public property.

Prince Charles Wants Second Interdenominational Coronation

According to a report yesterday from This Is London, Britain's Prince Charles wants to make changes in the traditional coronation ceremony when he becomes king. Some time after the formal Christian coronation ceremony in Westminster Abbey, Charles wants a separate interdenominational ceremony in Westminster Hall to acknowledge Britains of other religious faiths. This is consistent with a proposal made some month ago by Lord Carey, the former Archbishop of Cantebury. Prince Charles also rejects the precedent created at his mother's Coronation when television cameras were required to withdraw during certain sacred parts of the Coronation ceremony.

Conflict of Interest Charges In Wake of Christian Band Dispute

An article in this morning's Toledo (OH) Blade reviews the complex aftermath of what began as a straight-forward church-state dispute over the appearance of a Christian rock band at a Rossford, Ohio high school assembly. After Rossford school administrators cancelled the band's performance, fearing church-state problems, the band unsuccessfully sued in federal district court alleging religious discrimination. An appeal to the 6th Circuit is pending, but a divided Rossford school board voted not to spend money to defend its position in the appeal. School Superintendent Luci Gernot, however, opposes entering any settlement with the band, known as Pawn.

Whatever the outcome of the litigation, all of the publicity has been good for the band. It is getting more gigs and charging more for each appearance. Meanwhile the controversy has led to charges of conflict of interest among school board members. The father of band member Kyle Kleeberger-- who was also until recently the band's unpaid manager-- is on the Rossford school board. Kyle did not join in the band's lawsuit, but his father, David, has continued to vote on issues concerning the band. Michael Spahr was a member of the school board until recently. His son had been a member of Pawn until 2003. Meanwhile, the secular band that was picked to replace Pawn at the school assembly was Blind Ambition-- a group led by Kevin McAlear, whose father Mike managed the band and was also a member of the Rossford school board.

Richard Hotz, a former Rossford school board member, said: "The matter was never a religious issue to begin with - it was more about David Kleeberger wanting his son's band to get exposure." Kleeberger denied this, saying his goal was to "open religious thought" to the school.

Rally Supports Tennessee School's Religious Activities

In Mt. Juliet, Tennessee, 800 people turned up yesterday for a prayer rally to support Lakeview Elementary School and the Wilson County School District. The school is defending a suit brought by the ACLU challenging religious activities such as the "Praying Parents" group that meets in the school cafeteria during school hours and drops off fliers in classrooms to let children know the group has prayed for them. (See prior posting.) The Tennessean reports that yesterday's rally caused a 2.5 mile traffic jam. Today's Tennessean interviewed Stephan and Susan Scappaticci, parents who attended the rally. Stephan said: "we're very pleased that our children are in a school with a largely Christian staff and Christian parents who are praying." And Susan added: "We don't feel they have done anything to indicate that they're Christian other than showing kindness and things that anybody could promote, things that make the world a better place and that has a better place to have a positive effect on our children."