High School's Use Of Church For Graduation Questioned

In Enfield, Connecticut, the ACLU has questioned plans by school officials to hold the 2007 graduation ceremony for Enrico Fermi High School at the First Cathedral of Bloomfield. Today's Hartford Courant says that in a letter to school officials, the ACLU asks authorities to find a neutral venue for graduation, claiming that using the church violates the Establishment Clause. The Board of Education Committee that chose First Cathedral says that it offered the most room and services for least cost, and that the church would remove religious artifacts for the graduation.

Romanian Council Says Religious Symbols Should Be Removed From Schools

Ekklesia yesterday reported that in Romania churches have criticized a Nov. 21 ruling by Romania's National Council for Combating Discrimination. The ruling called for a ban on most religious symbols in schools. A complaint was filed before the Council by a parent, Emil Moise. He said that Orthodox icons in his daughter's classroom at Margareta Sterian Art High School in Buzau violated the constitutionally protected right of freedom of conscience and religion and the principle of separation of church and state. In response, the Council ruled that the education ministry should "prevent discrimination towards agnostic pupils" by requiring schools to limit faith symbols to religious education classes and to "spaces specially assigned for religious instruction". The Prime Minister has referred the Council's ruling to Parliament. This Wikipedia article discusses the ruling at length.

Utah Pardons Board Cleared Of Religious Favoritism Charge

In Granguillhome v. Utah Board of Pardons, [scroll to pg. 76] (D UT, Dec. 7, 2006), a Utah federal district court rejected claims by inmates at a Utah state correctional facility that the state's Board of Pardons and Parole has given preferential treatment to sex offenders who are members of the Church of Christ of Latter Day Saints. The court held that plaintiffs had failed to produce sufficient evidence to support their Free Exercise claim. The court also rejected plaintiffs' Establishment Clause claims. It found one instance of the Board's questioning of an inmate about his religious beliefs to be troubling, but said that there is no evidence that this kind of questioning is routine.

Student's Right To Sing "Awesome God" In Talent Show Upheld

On Monday, a federal district court in New Jersey held that a second-grade student's free expression rights were violated when her elementary school refused to permit her to sing "Awesome God" in an after-hours school wide talent show. (Alliance Defense Fund release.) The school had said that the overtly religious message and proselytizing nature of the song made it inappropriate for the show. In O.T. v. Frenchtown Elementary School District Board of Education, (D NJ, Dec. 11, 2006), the court held that the limited oversight of the talent show by the school meant that the performance could not be considered school-sponsored speech. The court held that the school board was prohibited from engaging in viewpoint discrimination in the talent show, regardless of whether it is categorized as a limited public forum or a non-public forum. Finally it distinguished this case from cases involving prayers at school graduations and concluded that the talent show did not create Establishment Clause problems. Today's Newark Star-Ledger reports on the case, pointing out that the ACLU filed an amicus brief in the case in support of the student's right to perform the song.

California Pastor Cleared Of Anti-Muslim Hate Charges

In Palmdale, California, Pastor Audie Yancey, a retired U.S. Marine Corps veteran, was cleared of hate incident charges that had been filed against him before the Antelope Valley Human Relations Task Force. A Muslim cleric filed the charges after Yancey, at a Palmdale City Council meeting, while holding a copy of the Quran handed out 200 copies of a gospel tract that read: "Remember 9/11: In the name of Allah they brought destruction and death to thousands. In the name of Jesus Christ you can have eternal life." USA Religious News, reporting on the case yesterday, quoted Pacific Justice Institute president Brad Dacus who hailed the ruling, saying: "If we allow Islamic clerics to silence pastors and Christians in this country, then we have lost, without question, not only the war against terrorism but, even more importantly, the war against Christianity and religious freedom."

Minister Uses Invocation To Lobby Against Civil Union Bill

What are the appropriate limits on the content of an invocation opening a legislative session? The Newark Star-Ledger yesterday reported that Rev. Vincent Fields, pastor of Greater Works Ministries, offered a controversial prayer at the opening of the New Jersey Senate on Monday. Just as the Senate's Judiciary Committee approved legislation to allow gays and lesbians to form civil unions with the same rights as married couples, the minister in his invocation said: "We curse the spirit that would come to bring about same-sex marriage." Sen. Loretta Weinberg, sponsor of the civil union bill, said that it is inappropriate to use the invocation to lobby for or against legislation.

UPDATE: New Jersey Senate President Richard Codey said that Rev. Fields will not be invited back to deliver an invocation. In the past, Fields has also been criticized for not keeping his invocations non-sectarian. (Newark Star-Ledger, Dec. 13.)

Suit Seeks Permission For Creche In Village Park

Henry Ritell, a Catholic resident of the Village of Briarcliff Manor, New York, has filed suit seeking a temporary injunction to permit him to put up a creche in Law Park. Briarcliff Manor has its own holiday display in Law Park that includes a "Peace on Earth" banner and a 9-foot Menorah. The suit was announced yesterday by the Alliance Defense Fund. The complaint alleges that the village's refusal of Ritell's request violates Ritell's free speech, free exercise of religion and equal protection rights under the U.S. and New York constitutions.

Investigation Requested Of Christian Video Filmed Inside Pentagon

Yesterday, the Military Religious Freedom Foundation asked the Defense Department's inspector general to investigate a video produced by Christian Embassy featuring endorsements of the group by high-ranking active-duty military officers in uniform. Christian Embassy, formed 31 years ago to promote Christian values among government officials, holds weekly meetings throughout the Pentagon. The Associated Press reports that much of the 10-minute video was filmed inside the Pentagon, with permission from the Defense Department. Robert Varney, executive director of the Christian Embassy, says that his group will add a disclaimer to the video telling viewers that the group does not represent the government or any federal agency.

UPDATE: The Military Religious Freedom Foundation has expanded its Freedom of Information Act request to the Pentagon, asking it to also look into whether it gave Christian Embassy office space or other accommodations in the Pentagon. Christian Embassy says it received no special treatment. Meanwhile Christian Embassy has removed the controversial video from its website. (ABP News, Dec. 14).

Minister Sues Police After Arrest For Disciplining Children

The Associated Press yesterday reported on a lawsuit filed last month in federal court in New Haven, Connecticut against two police officers by a minister claiming false arrest, malicious prosecution and the violation of his First Amendment right to the free exercise of religion. Rev. Walter Oliver had been charged with assault and risk-of-injury charges in 2001 for beating two children with a belt because they disobeyed their mother. A jury acquitted him after he claimed that the spankings were meted out with the permission of the boys' mother and were done to carry out God's law. Rev. Oliver points to the verse from Proverbs 23:13-14: "If you beat him, he will not die, but you will save his soul from hell."

California Church Claims Marijuana Use Is Protected

California Newswire yesterday reported on the arrest last month of Reverend Craig X Rubin, leader of Temple 420 that believes its members receive communion by burning marijuana as a sacramental herb. After an undercover agent purchased 3.5 grams of sacrament, "PurpleErkle", at the church Rubin was arrested, the supply of the sacrament was seized, and the church's financial assets were frozen. Rubin claims that under the U.S. Supreme Court's 2005 ruling in the O'Centro case, their use of marijuana is a protected practice of religion.

Land Use Dispute- Is It a House of Worship Or A School?

The Journal-News reported yesterday on a religious land use controversy in Ramapo, New York. Rabbi Chaim Rottenberg wants to remodel a two-story home into a synagogue to be used by about 25 to 30 young men for religious services, prayers and study. Deputy Building Inspector Steve Conlee has decided that the building will not fall under the category "house of worship", but instead will be a "school of religious instruction" which requires at least a 2-acre lot under the county's zoning code. Neighbors object to the project, and now proponents will either need to seek a review of Conlee's decision or seek a variance from the town's Zoning Board of Appeals if it does not change its building plans. The town's Planning Board meets again in January to discuss site plan approval.

Hearing Officer Recommends Rejection Of Complaint About Harry Potter

The Atlanta Journal-Constitution today reports that Georgia's State Board of Education is considering a draft opinion from a hearing officer rejecting a parent's complaint over Harry Potter books in a Gwinnett County school libraries. Laura Mallory had argued the Harry Potter books promote witchcraft and the Wicca religion. At the state appeal hearing on her request, Mallory argued that the books encourage children to perform spells and feature characters who lie, cheat and steal and are not punished. The hearing officer's opinion says that Mallory failed to show that the Gwinnett County school board broke any laws or abused its discretion in refusing to ban the books. Mallory's evidence, the opinion says, consisted of unverified hearsay that she obtained from the Internet. Mallory may appeal to Gwinnett County Superior Court if the hearing officer's decision is accepted by the Board. (See prior related posting.)

UPDATE: On Thursday, the State Board of Education, without discussion, voted to accept the hearing officer's recommendation. Laura Mallory is considering whether to file an appeal. (AP).

New Official Declines County Tradition of Oath Affirming Belief In God

The Frederick (MD) News-Post yesterday carried an op-ed about the decision of new county commissioner Kai Hagen who, in being sworn in, asked that a statement declaring his belief in the existence of God not be included. Circuit Court Clerk Sandra Dalton says that taking the oath with that addition as been a "Frederick County tradition", but it is fine with her if a commissioner does not want to include it. Two alderwomen who declined to include the statement when they were sworn in last year said that their refusals were about separation of church and state. News-Post columnist Joe Volz says: "it seems to this commentator that if a public servant declines to take an oath supporting God, he should be more than willing to explain his position."

Seattle Airport May Rethink Its Removal Of Christmas Trees

Fifteen Christmas trees were displayed at Seattle's Sea-Tac Airport until late last week, but they were taken down last Thursday. Today's Seattle Post-Intelligencer reports than in October, a representative of Chabad Lubavitch began talking with the airport about placing an 8-foot tall Menorah beside the largest of the Christmas trees. When the Port of Seattle Commission did not move ahead with the request, Chabad threatened to sue. The airport's response was to remove its Christmas trees. Rabbi Elazar Bogomilsky says that this was not the response that his organization wanted, and that it will not be filing a lawsuit. Airport officials claim that they took the step because they were threatened with nearly immediate litigation. There appears to be some disagreement over when the possibility of litigation was mentioned. But, at any rate, many feel that this was an over reaction, and it is likely that tomorrow the Port Commission will authorize the trees to go back up along with decorations recognizing other holidays as well. Commissioner Bob Edwards said: "It's an international gateway -- why not celebrate other cultures?"

UPDATE: The Seattle Times reported on Tuesday that the Christmas trees went back up in Sea- Tac Airport overnight. Authorities agreed to discuss ways to represent all faiths in next year's display.

Student Loses Religious Discrimination Suit Against Private University

In Schumacher v. Argosy Education Group, Inc., (D MN, Dec. 6, 2006), a Minnesota federal district court rejected religious discrimination claims by a Christian student who was dismissed from a graduate psychology program at Argosy University, a private college, because of his verbal impulsivity and lack of social awareness. The student alleged that the faculty was biased against him because of his evangelical Christian religious views, and particularly his views opposing homosexuality. The court rejected his argument that the school was engaged in "state action" because it acted as a "gatekeeper" for state licensing of psychologists. Absent state action, the school's decisions were not subject to federal or state constitutional limitations. As to statutory discrimination claims, the court found that there was no evidence that the student was discriminated against on the basis of religion. Instead, it found that he was dismissed for academic reasons. The court also rejected breach of contract and defamation claims.

Ohio Governor Will Appoint Evolution Backers To State School Board

Ohio's state Board of Education is comprised of 19 members, eight of whom are appointed by the Governor. Outgoing governor Bob Taft has four appointments to make, and last week he told reporters that he would only appoint individuals who support the teaching of evolution. The Columbus Dispatch reported last week that Taft said this is one of the lessons he has learned. All but one of the board members elected by the voters in November are backers of teaching evolution. (See prior posting.) [Thanks to Dispatches from the Culture Wars for the lead.]

Maldives Rejects Supreme Islamic Council

Minivan News reports that in the Maldives, the interim Constitutional Parliament today rejected a proposal for an Iran style Supreme Islamic Council with power over all other state institutions. Currently, the Maldives has a Supreme Council of Islamic Affairs operating under the authority of the President.

Preliminary Injunction In Michigan Church Dispute

The AP today reports on a preliminary injunction issued on Nov. 27 by Kalamazoo, Michigan County Circuit Judge J. Richardson Johnson giving the Western Michigan Conference of the United Methodist Church access to the building of the Lane Boulevard Church over the objection of members of the congregation who voted to remove "Methodist" from the church's name. The church was originally independent, but later joined the Evangelical United Brethren Church which in 1968 merged with the United Methodist Church. That makes the church subject to the hierarchical authority of the United Methodists. However the congregation has been at odds with the United Methodists over management issues and the movement's liberal social positions. The move to leave the United Methodist movement was triggered by the denomination's plan to remove the congregation's pastor. The dispute will come to trial next year.

Statue of Pope Raises Church-State Issues In France

In the French town of Ploermel, a new statue of Pope Paul II is raising controversy. The International Herald Tribune yesterday reported that the statue was unveiled this weekend on a square named for the Pope after his death last year. Opponents argue that the statue violates France's 1905 law on separation of church and state. The town's mayor says that the statute was a gift from the artist and that no public funds were used for it. However a group trying to block the statue says that the town approved spending $172,00 for the statue's construction and the inauguration ceremony.

New Articles of Interest

From SSRN:
Donald B. Tobin, Political Campaigning by Churches and Charities: Hazardous for 501(c)(3)s; Dangerous for Democracy, (forthcoming Georgetown Law Journal).

Linda C. McClain, God's Created Order, Gender Complementarity, and the Federal Marriage Amendment, (Brigham Young University Journal of Public Law, Vol. 20, 2006).

Noya Rimalt, Equality with Vengeance- Women Conscientious Objectors in Pursuit of a “Voice” and Substantive Gender Equality , (Columbia Journal of Gender and Law, Vol. 16, No. 1, 2006).

From Bepress:
Nathaniel J Odle, Privilege through Prayer: Examining Bible-Based Prison Rehabilitation Programs under the Establishment Clause, (Dec. 1, 2006).

From SmartCILP:
Arskal Salim, The Influential Legacy of Dutch Islamic Policy on the Formation of Zakat (Alms) Law in Modern Indonesia, 15 Pacific Rim Law & Policy Journal 683-701 (2006).

Symposium Issue: World Views Collide. Articles by Hon. Richard F. Suhrheinrich, Ryan R. Wilmering, Jay Alan Sekulow, Erik Michael Zimmerman, Jeffery J. Ventrella, David A. Friedman, Nadine Strossen and Marvin N. Olasky. 23 ThomasM. Cooley Law Review 1-156 (2006).