5th Circuit Grants En Banc Review Of Bible Monument Case

Last week, the U.S. Court of Appeals for the 5th Circuit granted en banc review in Staley v. Harris County Texas, (Nov. 17, 2006). In August, a panel in a 2-1 decision in the case upheld an Establishment Clause challenge to a monument on the grounds of the Harris County, Texas courthouse. The monument, containing a Bible, honors a prominent Houston businessman and philanthropist. (See prior posting.) [Thanks to How Appealing for information on the decision.]

Australian Group Sues In Victoria Claiming Religious Vilification

In the Australian state of Victoria, a trial began Tuesday under Victoria's Racial and Religious Tolerance Act in a suit brought by a group known as Ordo Templi Orientis (OTO) who follow a religion known as Thelema, founded by the English poet and mystic Aleister Crowley. Today The Age reports that the case, filed in the Victorian Civil and Administrative Tribunal, accuses Dr Reina Michaelson and the Child Sexual Abuse Prevention Program of vilifying OTO by describing it on its website as a satanic cult that sacrifices children. Dr Michaelson said the article was published on the website "without her knowledge or consent or authority".

A Fuller Picture Of Marines, Toys For Tots and the Jesus Dolls

Recently the media has extensively covered a decision earlier this month by the U.S. Marine Corps Reserve Toys For Tots Foundation to turn down the offer of 4,000 Jesus dolls. Then the group apparently changed its mind. Here is more background on both decisions.

Toys for Tots was approved by the Secretary of Defense in 1995 as an official activity of the U.S. Marine Corps and an official mission of the Marine Corps Reserve. This, of course, would seem to make it a governmental entity subject to the constraints of the First Amendment. So when a Los Angeles company offered to donate 4,000 Jesus dolls that recite Christian scriptural verses, the Marine-affiliated program turned them down. (AP, Nov. 15.) It said that as a government entity, the Marines do not profess one religion over another. If they distributed the dolls in their usual manner, they might end up giving the Jesus dolls to Muslim or Jewish children. Indeed, Michael La Roe, director of business development for one2believe, a division of the Valencia-based Beverly Hills Teddy Bear Co., said that the dolls were intended to be "three-dimensional teaching tools for kids".

Extensive media coverage followed. The Rutherford Institute sent the Marine Toys For Tots Foundation a letter of complaint, saying that "the refusal of the dolls sends a sinister message that gifts with religious themes or messages are not suitable or are considered second-class by a prominent charity that is intimately associated with the United States government. Christmas is, after all, a holiday with a religious basis, and the birth of Jesus is the basis of the celebration for the vast majority of Americans. Those who wish to express that aspect of the Christmas season through their giving should not be turned away and discriminated against because of their religious beliefs." It pointed out that the dolls are offered unwrapped, so parents can decline them if they do not want them for their children.

Last Wednesday, Toys For Tots changed its mind and said it would take the dolls. (Los Angeles Times.) A release today by the Jewish War Veterans suggests that the Marine Corps' "reversal" was in fact a more nuanced decision than has previously been reported. Apparently the Corps has arranged for religious groups to distribute the dolls to Christian children. Unlike many other groups, the JWV congratulated the Marine Corps Reserve both for its initial decision to reject the dolls, and its later finding an appropriate way for them to be distributed.

Decisions On Nativity Scenes On Public Property Begin To Be Made

Yesterday, the Tippecanoe County, Indiana commissioners turned down a request by a group calling itself "The Reason for the Season" that it be permitted to place a Nativity scene on the county courthouse lawn this Christmas. Proponents argued that commissioners had made the courthouse lawn an "open forum" in recent years by permitting exhibits by various charities, according to today's Lafayette (IN) Journal & Courier. Commissioners created a policy in 1999 that they would control what is displayed on the courthouse lawn. Prior to that, Nativity scenes had been placed there. Now however they permit only displays officially sponsored by the county. Some residents attending the county commission meeting complained that the county had given in to the ACLU.

Meanwhile, today's Racine (WI) Journal Times reports that Racine City Council has approved a request by Robert Wortock, backed by a group of churches, that volunteers be permitted to contruct a Nativity scene on the city's Monument Square. Now, however, the Freedom From Religion Foundation has written Mayor Gary Becker arguing that in hosting a Nativity scene, the city is endorsing a religion. A Christmas tree sponsored by the Downtown Racine Corp. will stand near the Nativity scene, and the city will place a sign nearby extending "warm season's greetings to one and all." This presumably will satisfy the requirement that a Nativity scene, accompanied by secular symbols of the season, can be permissible on public property. Racine City Council is working on a policy that will make decisions on displays such as this an administrative matter that need not come before the full Council.

Indonesia Will Keep Religion On Identity Cards

Indonesia's House of Representatives and government have agreed to continue to list religion on identity cards of Indonesians, despite protests from many who say that the practice leads to divisiveness in the country. Asia News.it reported yesterday that this decision was made as part of a larger parliamentary debate on a civil registry bill. Indonesia permits only one of six religions to be listed, and this has led to discrimination against followers of other faiths. The permissible religious identifications are Islam, Catholicism, Christianity, Hinduism, Buddhism and Confucianism. [Thanks to Persecution.org for the lead.]

No Settlement Reached-- Michigan RLUIPA Case Moves Toward Trial

Today's Detroit Free Press reports that Lighthouse Community Church of God and the city of Southfield, Michigan failed to reach an agreement in an all-day facilitation hearing in U.S. District Court in Detroit yesterday. The city obtained an eviction order against the church for failing to have a certificate of occupancy for the office building it is using, and a state court upheld the city's position. This led the church to file a federal law suit alleging that the city violated the Religious Land Use and Institutionalized Persons Act. It says the city merely prefers a residential development in that area. (See prior posting.) However, the city argues the RLUIPA is unconstitutional does not apply to attempts to bypass city zoning laws.

Democrats Can Reach Out To Orthodox Jews, Leaders Say

The current New York Jewish Week that appeared last Friday carries an article analyzing opportunities that members of the new Democratic-controlled U.S. Congress have to broaden their coalition by reaching out to Orthodox Jews who have in recent years supported a number of items on the conservative agenda. Orthodox leaders say that members of the Orthodox Jewish community are swing voters, and have good working relationships with Democratic members of Congress as well as Republicans.

Somali Region Will Adopt Sharia To Replace Civil Code

BBC News yesterday reported that Mohamed Adde Muse, leader of the autonomous region of Puntland in northern Somalia, has agreed to introduce Islamic law to replace the region's current Western-based civil law system. The move appears to be directed at preventing a take over of the region by the Union of Islamic Courts that controls much of southern Somalia. [Thanks to Persecution.org for the lead.]

California Coastal Commission Approves Eruv

The California Coastal Commission last week approved for a three-year period a request by the Pacific Jewish Center in Venice to build an eruv along the beach from Santa Monica to Marina del Rey. Today's Los Angeles Times reports that the symbolic boundary that eases Sabbath restrictions for observant Jews, which consists largely of fishing line strung high off the ground between lampposts and sign poles, will also include inland areas in Santa Monica and Los Angeles. Streamers will be placed on part of the eruv to prevent the endangered bird, the least tern, from flying into it. Also the synagogue must develop a method for monitoring the impact of the eruv on the terns. (See prior posting). [Thanks to How Appealing for the lead.]

Organization Urges More Creches On Public Property

The Thomas More Law Center last week began a drive to increase the number of Nativity displays on public property this Christmas season. Announcing that it had reached an agreement with two Florida cities (Palm Beach Gardens and North Miami), the organization is urging its supporters to ask governments for permission to erect Nativity displays where they have not previously existed. Its release urging Christians to retake the public square says that a Nativity scene may constitutionality be displayed on public property so long as the display includes secular items, as well as in public forums such as parks.

Pakistan's High Court To Hear Arguments On Madrassa Grads In Legislatures

Pakistan's The News reports that today Pakistan's Supreme Court will hear arguments in an intriguing election case first filed in 2003. Under a 2002 order of Pakistan's Election Commission, any candidate for a seat in the national or in a provincial Assembly was required to hold at least a bachelor's degree be a university graduate. (Conduct Of General Elections Order, 2002, Sec. 8A.) In the 2002 general election, the Election Commission ruled that a Madrassa (Islamic religious seminary) certificate was the equivalent of a university diploma. The petition challenges that ruling and seeks to disqualify 68 Muttahida Majlis-e-Amal (MMA) members of the national and provincial Assemblies.

Australian State Eschews Ban On Religious Discrimination Under Christian Pressure

In the Australian state of South Australia, the attorney general has dropped a ban on religious discrimination from a proposed Equal Opportunity Bill that is now before the state's parliament. The Australian yesterday reported that mainstream Christian churches objected to the proposed provision, concerned that it would prevent them from criticizing other religions in their attempts to convert non-believers. Now the draft merely prohibits "discrimination on the ground of religious appearance or dress". Most other Australian states and territories already ban religious discrimination.

Recent Law and Religion Articles

From SSRN:

• Gareth T. Davies, (Not Yet) Taking Rights Seriously: The House of Lords in Begum v. Headteacher and Governors of Denbigh High School, on Religious Clothing in Schools, (Nov. 13, 2006).

• Patrick McKinley Brennan, The Decreasing Ontological Density of the State in Catholic Social Doctrine, (Villanova Law Review, Scarpa Symposium, Vol. 52, 2007).
  
  
• John Finnis, Religion and State: Some Main Issues and Sources, (American Journal of Jurisprudence, Vol. 51, 2006).

From Bepress:

• Edward R. Fluet, Mark J. Calaguas, and Cristina M. Drost, Legal Pluralism & Women's Rights: A Study in Post-Colonial Tanzania, (September 2006).

Recently published in law reviews (in part from SmartCILP):

• Symposium: Text, Tradition, and Reason in Comparative Perspective. Introduction by Adam Seligman and Suzanne Last Stone; articles by Michael Puett, Hanina Ben-Menahem, Silvio Ferrari, Asifa Quraishi, Christine Hayes, Asma Barlas, Yaakov Elman, Marion Holmes Katz, Arye Edrei, Shlomo Fischer, Steven D. Fraade, Paul W. Kahn, Ronald R. Garet and Jeremy Waldron. 28 Cardozo Law Review 1-332 (2006).

• Michael Stokes Paulsen, Is St. Paul Unconstitutional?, 23 Constitutional Commentary 1-5 (2006).

9th Circuit Dismisses Challenge To UC's Religious Studies Courses

The U.S. 9th Circuit Court of Appeals in LaFreniere v. Regents of the University of California, (9th Cir., Nov. 15, 2006), has affirmed the dismissal of an Establishment Clause challenge to the offering of religious studies courses by the University of California. In a short opinion, the court said that plaintiff failed to allege facts showing that the course offerings advanced a non-secular purpose, had the primary effect of advancing or inhibiting religion, and fostered an excessive government entanglement with religion.

A Call For More Diverse City Council Invocations In Lowell, MA

In Lowell, Massachusetts, the 40 year tradition of opening city council meetings with the Lord's Prayer is being questioned. Today's Boston Globe reports that an interfaith-- though largely Christian-- group of religious leaders wants Council to rotate its opening invocation between prayers representing each of the world's major religions-- Christianity, Judaism, Islam, Hinduism, and Buddhism. Lowell, which for many years was predominantly Catholic, now has a much more diverse population. The number of Buddhists, Hindus and Muslims is growing rapidly. Some city council members do not like the proposal. Council member Rita Mercier said: "They call us a melting pot. But if you melt something, you lose its identity." A subcommittee will meet to discuss the proposal this Tuesday, and will report to the entire council at the end of December. Meanwhile, some are suggesting a compromise: recite the Lord's Prayer at the beginning of each meeting, and a rotating prayer from another tradition at the end.

President Bush Attends Church In Hanoi

President George W. Bush and his wife, Laura, in Vietnam for a regional summit meeting, today attended Christian church services in Hanoi. After services the President spoke briefly (full text), saying in part: "it's our way of expressing our personal faith and, at the same time, urging societies to feel comfortable with, and confident in saying to their people, if you feel like praising God you're allowed to do so in any way you see fit." Last week, the U.S. State Department removed Vietnam from its list of most egregious violators of religious liberty. (See prior posting.) Today's India eNews covered the President's statement.

Los Angeles Pedophile Priest Claims Move Toward Trial

Yesterday's Los Angeles Times reports that after a three-year freeze imposed during settlement negotiations, a Los Angeles (CA) Superior Court judge has released more than 100 law suits against the Catholic Archdiocese of Los Angeles. This means that discovery may begin and trial dates can be set. The claims all involve allegations that 32 pedophile priests were sent to therapy and then transferred rather than being reported to authorities and parishioners. These cases comprise about 20% of the suits that have been filed. A number of the claims have already been settled or are nearing settlement. Also this week, in one of the cases the court ruled that plaintiffs could not gain access to 20 confidential documents containing psychiatric information about a priest in church personnel files.

Senate Condemns Iranian Repression of Baha'is

On Thursday, the U.S. Senate passed S. Con. Res. 101, a concurrent resolution condemning the repression of the Iranian Baha'i community and calling for their emancipation. The House of Representatives has already passed an identical resolution (H. Con. Res. 415). (See prior posting.)

One Establishment Clause Claim Survives After Second Las Cruces Decision

As reported last week, a New Mexico federal district court dismissed a lawsuit by school parent Paul Weinbaum claiming that the city of Las Cruces, New Mexico unconstitutionally endorsed religion by adopting as the city's symbol an emblem consisting of three crosses surrounded by a sunburst. However, on the same day it decided that issue, the court handed down a second decision that kept alive some aspects of the dispute over the display of Latin Crosses to symbolize Las Cruces. In Weinbaum v. Las Cruces Public Schools, 2006 U.S. Dist. LEXIS 83311 (D NM, Nov. 9, 2006), Paul Weinbaum challenged as Establishment Clause violations the Las Cruces schools' use of an emblem containing a sunburst and three crosses on maintenance vehicles; a sculpture depicting three stylized crosses displayed at the school system's regional sports complex; and the school board's policy on "Religion in the Curriculum".

In a lengthy opinion, the court found that neither the sculpture nor the school's curriculum policy violated the Establishment Clause. However it refused to grant summary judgment to the school board on the emblem claim. It said that the defendants, at least so far, had failed to produce any evidence on whether the predominant purpose in displaying the emblem was secular.

The court ended its opinion with an admonition similar to one at the end of its earlier opinion on the city emblem:

Mr. Weinbaum, a man of conviction, brought this suit hoping to make his community, a better, more welcoming, place. Sadly, it has come to the Court's attention that the opposite has occurred, that his child has been made to suffer for the position her father has taken. If that is true, or if, as a result of this decision it comes true, then shame on us all.

Christmas Food Tradition Trumps Inclusiveness In British School

The Yorkshire Post reports a story that shows how dedicated the British are to traditional Christmas fare. In a school in South Yorkshire, Head Teacher Jan Charters discovered that her attempt to be inclusive during the Christmas season was not appreciated by everyone. Twenty per cent of the students at Rotherham's Oakwood Comprehensive school are Muslims of Asian background. Charters proposed that the menu for the school's traditional Christmas lunch feature only chicken-- and that it be Halal so all students could feel comfortable eating it. She would have also offered as an optional side dish a sausage rolled in bacon-- which Muslim students could decline. However apparently traditional Christmas dinner in England features turkey. Parents, backed by Labour MP Denis MacShane, had a problem with requiring all the Oakwood students to eat Halal chicken. They said it would "undermine the traditional British Christmas". So Charters has given in to their request, and now there will be a choice of turkey, a vegetarian dish, or Halal chicken to celebrate the holiday.