Tennessee Teachers Lack Standing In Establishment Clause Case

In Smith v. Jefferson County Board of School Commissioners, 2006 U.S. Dist. LEXIS 80483 (ED TN, Nov. 2, 2006), a Tennessee federal district court held that three teachers who were dismissed when a state-run alternative school was closed for budgetary reasons lacked standing to bring an Establishment Clause challenge to the school board's contracting with a religious organization to provide alternative school services. In its decision last week, the court said that any injuries plaintiffs suffered resulted from the Board of Education's decision to select an outside third party to provide alternative services, regardless of whether that third party was a faith based organization.

Ten Commandments Monument Returns To Wyoming City

In Casper, Wyoming tonight, city council is scheduled to approve a resolution to create a historic monuments plaza that will display a Ten Commandments monument along with monuments to five other historic documents. Today's Casper Star Tribune reports that the Ten Commandments monument used to stand by itself in a city park, but was removed in 2003 when litigation was threatened.

Texas Governor Discusses His Christian Beliefs

Texas Governor Rick Perry, running for re-election in a widely-watched five-way race, attended services on Sunday at San Antonio's Cornerstone Church where he sat on stage next to Rev. John Hagee. Yesterday's Dallas Morning News reported on the event. Perry was among 60 (mostly Republican) candidates who had accepted the mega-church's invitation to be introduced to the congregation, as well as those listening on radio and watching on television. Rev. Hagee preached a sermon enunciating standard evangelical doctrines regarding the necessity to accept Jesus. Afterwards, Gov. Perry, responding to a reporter's question, said that he believes in the inerrancy of the Bible and that those who do not accept Jesus as their savior will go to hell.

Later in the day Perry attempted to clarify his remarks, saying "I don't know that there's any human being that has the ability to interpret what God and his final decision-making is going to be." He added: "Before we get into Buddha and all the others, I get a little confused there. But the fact is that we live in a pluralistic world but our faith is real personal. And my Christian faith teaches that the way is through Jesus Christ." One of Governor Perry's election opponents, Kinky Friedman (who is Jewish), said that Perry's remark "hits pretty close to home".

NY Tax Benefits To Parochial School and Clergy Questioned

An editorial today in Newsday (Long Island, New York) criticizes two benefits given to local religious institutions and clergy . The first is the recent approval by the Suffolk County (NY) Industrial Development Agency of the issuance of up to $35 million in tax exempt bonds so that St. Anthony's Roman Catholic High School can construct a new building housing athletic facilities, laboratories and studios. The second is a report last week that 267 clergy in Nassau County (NY) pay no school property taxes on their homes so long as they are valued at less than $600,000.

Malaysia Will Punish Pranksters Who Falsely Reported Conversion Ceremony

Today's International Herald Tribune reports that the Malaysian government says it will punish pranksters who sent out false cell phone text messages saying that there would be a mass conversion ceremony of Muslims to Catholicism at a church in Perak state Sunday. About 1,000 people gathered in protest outside the church until it was learned that the ceremony was a Communion Mass for about 100 ethnic Indian Catholic children. Proselytizing of Muslims is prohibited in Malaysia

Churches Focused On Elections On Sunday

Reuters yesterday reported on activities in churches around the nation as election day approaches. Some churches generally urged people to be certain to vote. Others focused on supporting specific issues on the ballot, such as gay marriage and embryonic stem cell research. In an 11-county diocese in Wisconsin yesterday, all Catholic churches were required to play a 14-minute talk by Bishop Robert Morlino addressing three issues on Wisconsin's ballot on Tuesday: a proposed state Constitutional amendment banning civil unions for straights and gays, an advisory referendum on the death penalty and stem cell research. (Portage WI Daily Register). Meanwhile, today's Columbus, Georgia Ledger-Enquirer runs a long story on how local churches deal with candidates who visit their congregations to speak or to pray.

Christians Assert Rights In Several Cases In Britain

Cross Rhythms today carries a review of a number of pending cases in Britain in which Christians are challenging limitations on expression of their religious beliefs. Two of the cases involve controversies over names-- one in which the Exeter Christian Union is being forced by University officials to change its name to the Evangelical Christian Union, and another in which Christian groups are challenging the Voluntary Euthanasia Society's change of name to Dignity In Dying as violative of Britain's trademark law. Other cases involve the right to wear religious-themed jewelry in various settings.

Newsweek Explores Evangelical Agenda and Impact On Public Policy

This week's Newsweek carries a long cover story titled An Evangelical Identity Crisis that focuses on the efforts of some in the movement to expand the evangelical agenda to include issues of social and economic justice. It also carries the results of a new poll that are summarized in a press release. 62 percent of evangelicals say that religion plays too small a role in American political and cultural life.

The same issue of Newsweek carries an essay by Sam Harris sharply critical of the impact of Christian fundamentalists on public policy. He says: "Given the most common interpretation of Biblical prophecy, it is not an exaggeration to say that nearly half the American population is eagerly anticipating the end of the world. It should be clear that this faith-based nihilism provides its adherents with absolutely no incentive to build a sustainable civilization--economically, environmentally or geopolitically."

More Prisoner Free Exercise Decisions Become Available

In Winford v. Endicott, 2006 U.S. Dist. LEXIS 80248 (ED WI, Nov. 1, 2006), a Wisconsin federal district court permitted an inmate to proceed with free exercise and equal protection claims stemming from denial to him of his religious books relating to a Satanic faith when he was transferred from one penal institution to another.

In Johnson v. Mulcahy, 2006 U.S. Dist. LEXIS 80162 (ED Mo., Nov. 2, 2006), a Missouri federal district court dismissed a Muslim prisoner's complaint that the Cape Girardeau County Jail failed to provide religious services for Muslim inmates. All religious services in the jail are provided by community volunteers, and the jail was unable to find volunteers to lead Muslim services.

In Johnson v. Little, 2006 U.S. Dist. LEXIS 80099 (MD TN, Oct. 16, 2006), a Tennessee federal district court rejected a convicted prisoner's claim that his free exercise of religion is infringed by the state's capital punishment law that calls for him to choose between electrocution or lethal injection as his method of execution, and mandates lethal injection if he fails to choose.

The decision in Nicholas v. Ozmint, 2006 U.S. Dist. LEXIS 80035 (D SC, March 31, 2006), has recently become available. In it, the court rejected claims by an inmate who was a follower of the Nation of Islam. Plaintiff argued that the institution's policy limiting the number of religious books he could possess and preventing him from receiving new religious literature by mail infringed his free exercise of religion and his rights under RLUIPA. The court disagreed. The magistrate's recommendation in the case is at 2006 U.S. Dist. LEXIS 80036 (D SC, Feb. 8, 2006).

In Lindell v. Huibregtse, (7th Cir., Oct. 31, 2006), the Court of Appeals found that claims by a litigious inmate who was a follower of Wotanism were properly dismissed by the lower court. The inmate had objected to the prison's ban on the White supremacist book "88 Precepts", claiming that its ban violated the Establishment Clause, RLUIPA and his free speech rights.

In Gillard v. Kuykendall, 2006 U.S. Dist. LEXIS 79590 (WD AK, Oct. 27, 2006), an Arkansas federal district court upheld a prison's policy requiring inmates to clean their cells daily over objections of a prisoner that his religious beliefs prevented him from working on the Sabbath.

In Conyers v. Abitz, 2006 U.S. Dist. LEXIS 79210 (ED WI, Oct. 27, 2006), a federal district court held that there are sufficient disputed issues of fact to preclude summary judgment in the claim of a Muslim prisoner that his request to participate in the Ramadan fast was wrongfully rejected because he did not know of the sign-up deadline for being able to participate.

Utah Judge Opposes Baptism Of Child

In Utah, state judge Leslie Lewis who is up for re-election on Tuesday has been accused of making comments in court that are insensitive to Mormon beliefs. KUTV Salt Lake City reports that (as shown in a video posted on YouTube) the judge ruled that a divorced father should not baptize his daughter at age 8, over the objections of his former wife who has custody of the child. Judge Lewis ruled that the parents should wait until the girl turns 12 so she can decide for herself whether she wishes to be initiated into the LDS Church. Speaking of baptism as a youngster, Lewis told the father: "Somebody did that to me and I have resented it lo these many years."

Reconstructionist Rabbis Support NJ Gay Marriage Law

The Reconstructionist Movement in Judaism has supported gay marriage since the 1980's. This week, the New Jersey Jewish Standard interviews Reconstructionist rabbis on the issue as New Jersey's legislature decides how to respond to a recent state Supreme Court decision requiring legislative action to extend equal rights to gay couples. These rabbis say that currently, by prohibiting same-sex marriages, the state legislature is interfering with their religious right to perform marriages in accord with their beliefs. The Reform Movement in Judaism leaves the decision of whether or not to perform same-sex marriages up to individual rabbis. The Conservative and Orthodox movements have not accepted same-sex marriages.

New Articles and Book On Law & Religion

From SmartCILP:
Barak D. Richman, How Community Institutions Create Economic Advantage: Jewish Diamond Merchants in New York, 31 Law & Social Inquiry 383-420 (2006).

From SSRN:
Jonathon W. Penney & Robert Jacob Danay, The Embarrassing Preamble? Understanding the Supremacy of God and the Charter, (University of British Columbia Law Review, Vol. 39, p. 287, 2006).

Marci A. Hamilton, The Religious Origins of Disestablishment Principles, (forthcoming Notre Dame Law Review).

Cyra Akila Choudhury, Terrorists & Muslims: The Construction, Performance and Regulation of Muslim Identities in the Post-9/11 United States, (Rutgers Journal of Law and Religion, Vol. 7, No. 3).

From Bepress:
Jennifer Smith, Morse Code, DaVinci Code, Tax Code and Churches, (Oct. 30, 2006).

Debra L. Lowman, A Call for Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, (Oct. 28, 2006).

The Summer 2006 issue of Journal of Church and State has recently been published.

New book:
H. Stephen Shoemaker, Being Christian in an Almost Chosen Nation (Abingdon Press, Oct. 2006),(reviewed by the Dallas News).

Ted Haggard and the White House

Yesterday’s Rocky Mountain News talks about the relationship of scandal-plagued Rev. Ted Haggard to the White House. Haggard resigned Friday as head of the National Association of Evangelicals in the wake of sex and drug charges by a male prostitute in Denver. The paper says:

Haggard has advised the White House on issues ranging from judicial appointments to steel tariffs. But he also sought to widen the agenda of Christian evangelicals into areas the Bush administration - and many of his Christian brethren - would rather avoid.… Haggard has angered some religious conservatives for urging Christians to protect Muslims in the days after the Sept. 11 terrorist attacks.... Last summer, he joined an eclectic group of 27 religious leaders ... urging the government to "abolish torture now - without exception".… Haggard's recent efforts promoted through the NAE a "broad biblical agenda" that included improving health care, ending racism and addressing global warming.... through a free-market approach....

At yesterday's White House press briefing, spokesman Tony Fratto fielded questions about Haggard's relationship to the White House:

Q This Reverend Haggard out in Colorado, is he someone who is close to the White House? There had been reports that he was on the weekly call with evangelicals. Is that true?

MR. FRATTO: I'm actually told that that's not true, that he has -- in terms of a weekly call that he has? He had been on a couple of calls, but was not a weekly participant in those calls. I believe he's been to the White House one or two times. I don't want to confine it to a specific number because it would take a while to figure out how many times. But there have been a lot of people who come to the White House, and --

Q -- when was he at the White House?

MR. FRATTO: I couldn't tell you specifically. I know that there was a picture of him with the President in one of the TV reports, so obviously he met with the President at some point in time.

Look, this is a personal issue for someone. It's something that Reverend Haggard needs to deal with, with his family and his church. And I'm not sure that there's any comment beyond that that's necessary.

Q Would that make evangelicals dispirited and maybe sit out the election Tuesday?

MR. FRATTO: I doubt it. I doubt it.

Q Why?

MR. FRATTO: Well, because I think the community you're referring to understands where the Republican Party is on issues that are important to them, and someone's -- something that an individual did that affects them personally shouldn't affect their interest in advancing issues that they care about.

First Amendment Land Use Rights, Or Legal Loophole?

Today's Tacoma, Washington News Tribune reports that the city of Tacoma has issued a final environmental review that permits First Methodist Church to demolish the historic First United Methodist Church Building. The city says that the church’s First Amendment rights require it to permit the demolition. Historic preservationists, however, say that the requirements of the law preserving historic landmarks are being evaded. It seems that Multicare Health System bought the church property in May for $8 million to use for expansion of two of its hospitals. However, when it appeared that there would be historic preservation problems with removing certain items from the sanctuary, the hospital system transferred the building back to the church so the church could apply for the demolition permit. The Washington Trust for Historic Preservation is considering whether to appeal the city’s decision.

Guy Fawkes Day Festivities Still Controversial

In England, November 5 is Guy Fawkes Day, marking the foiling of the 1605 Gunpowder Plot that occurred during the long-running religious battle that followed Henry VIII’s break from Rome in 1534. A dozen Catholics were caught preparing fuses to blow up London’s Westminster Palace with barrels of gunpowder. The Toronto Star on Saturday reported on the somewhat controversial festivities that take place each year in Lewes, England to mark Guy Fawkes Day. 50,000 people converge on the town to mark Bonfire Night. In a carnival-like atmosphere, with a “No Popery” banner strung across the town’s main road, Pope Paul V, who reigned at the time of the plot, is burned in effigy. When, as this year, Nov. 5 falls on Sunday, the anti-Catholic celebrations are rescheduled to take place a day earlier.

Church-State In the 2006 Elections

The Interfaith Alliance has compiled its list of the Top Ten violations of separation of church and state in the 2006 elections. Talk To Action yesterday reprinted the list. Number 5 on the list is Ohio’s Patriot Pastors—recruited by Russell Johnson’s Ohio Restoration Project. This week’s Christianity Today has a long article on the group and the like-minded organization, Reformation Ohio, led by Rod Parsley.

Suit Challenges Rules Of Michigan State Employees Combined Campaign

Yesterday, the Association of Faith Based Organizations filed suit in federal court against the Michigan State Employees Combined Campaign, challenging the exclusion of certain religious groups from Michigan’s program that allows state employees to voluntarily contribute through payroll deductions to participating charities. Under Michigan’s rules, in order to participate charitable groups may not discriminate on various grounds, including religion, in selecting members, employees and volunteers. The complaint (full text) alleges that this requirement prevents religious groups from limiting their hiring to members of their own faith, while secular groups can hire only employees who agree with their missions. The suit seeks declaratory and injunctive relief on the grounds that the requirements violate the First Amendment and Equal Protection rights of religious organizations. Alliance Defense Fund issued a release announcing the filing of the lawsuit. Similar suits have been filed in Wisconsin and Florida.

Sexual Charges Against Evangelical Leader Have Political Implications

Today's Washington Post says reports on the resignation of Ted Haggard as president of the National Association of Evangelicals over accusations that Haggard paid to maintain a 3-year gay sexual relationship with a Denver man, Mike Jones. Today's Rocky Mountain News says that Haggard was also accused of buying methamphetamine, a drug that enhances sexual experience. Apparently Haggard has admitted that some of the charges are accurate, saying he bought the drugs, but never used them. He says he only received a massage from Jones. A polygraph test taken by Haggard's accuser indicated deception on questions about sexual contact with Haggard. However Jones' lack of sleep, and a migrane from which he was suffering, may have affected the polygraph results. Analysis of a voice mail message reportedly implicated Haggard.

The Post speculates that the charges may have a negative impact on Republicans trying to rally their conservative Christian base to turn out for Tuesday's mid-term elections. Prof. William Martin of Rice University says. "This is one more factor that could increase the disillusionment of evangelicals with prominent leaders on the Christian right and with the political process as a whole, and some may conclude that perhaps their forebears were wise to be wary about politics."

Haggard today also stepped down as pastor of his 14,000-member New Life Church in Colorado Springs, Colorado. The Post says that Jones was impelled to come forward with his accusations at this time in part because in Colorado there are two issues on Tuesday's ballot relating to same-sex marriage. (Amendment 43 defining marriage as between one man and one woman, and Referendum I proposing a domestic partnership law.) Haggard has been an outspoken opponent of same-sex marriage. The May 2005 issue of Harpers carried a very long portrait of Haggard and his influence in an article titled Soldiers of Christ.

Bible Club Thrives In Elementary Schools

An AP story carried in today's Chicago Tribune discusses Kids for Christ Bible Clubs that operate in elementary schools across the country. The organization recruits parents to sponsor the clubs that meet prior to the start of the official school day. Bob Heath, founder of the clubs, would like to see his Bible-study groups in every elementary school in America.

Indian Government Defends Islamic Courts

In India, the government has responded to a public interest lawsuit filed in the Supreme Court seeking the abolition of Islamic courts. (See prior posting.) The government argues that such courts merely issue advisory opinions, and that no one is required to use those courts. The government says that the creation of these bodies as alternative dispute resolution mechanisms is protected by India's constitution that guarantees every religious denomination the freedom to manage its own affairs in matters of religion. Reports are in yesterday's Times of India and Hindustan Times.