Nashville Council Defeats Proposed Grant To Inner City Ministry

In Nashville, Tennessee, city councilman Ronnie Greer had proposed a Resolution granting $5,000 to Nashville Inner City Ministry to support its life skills classes for inner city youth. However, as reported by Nashville's City Paper yesterday, the city's law department issued an opinion that, even though the grant would be used for transportation, it would violate the Establishment Clause because of the overall religious nature of Inner City Ministry. The blog Pith in the Wind reports that when the resolution came up at yesterday's Council meeting, "Greer and a few other members challenged the staff judgment that his measure is constitutionally unacceptable. Nonetheless, after Don Jones indicated that the law department would not allow the check to be written even if the bill does pass, Greer moved and the council voted to defer the resolution indefinitely."

2nd Circuit Permits NY Corrections Officers To Proceed With Religious Bias Claim

Yesterday, in Bey v. City of New York, (2d Cir., Dec. 19, 2006), the U.S. 2nd Circuit Court of Appeals reversed a New York district court's grant of summary judgment in a religious discrimination claim by two former New York City corrections officers who were fired after it was discovered that they filed false tax documents claiming that they were not subject to state and city income tax. Plaintiffs claim that out of the nearly 1,000 employees found to have filed false documents-- but who were not arrested and charged with tax violations-- the only employees who were fired were those who were (or were believed to be) members of the Moorish faith. The court held that plaintiffs may proceed to trial with their claim that they were singled out for special discipline because of their religious beliefs. A report by the Associated Press yesterday reports on the decision.

Two Texas Employment Discrimination Suits Charge Religious Bias

Two religious discrimination suits have recently been filed against governmental agencies in Texas.

Yesterday the Associated Press reported that two former employees of the University of Texas at Arlington have filed suit in federal district court claiming that their dismissal by the University constitutes religious discrimination. Last March, after learning that a male employee was having problems with a female co-worker, the two employees stayed after work to pray for the woman-- who was on vacation. They met at her office cubicle, prayed for her, and-- in the religious tradition of one of them-- dabbed olive oil on the door frame of the cubicle. The University, saying that it has been upheld by the Texas Workforce Commission and the Texas Equal Employment Opportunity Commission, said: "praying, shouting and/or chanting over a co-workers personal and professional belongings without her knowledge and consent constitutes harassment of a fellow co-worker. In addition, rubbing this co-worker's cubicle with oil is blatant disregard for university property, both of which are identified as behavior that is grounds for dismissal."

Meanwhile, in Austin, KVUE News reports that a former police officer has filed a religious discrimination suit against the city's former police chief and three other officers. Derek Howard, attorney representing former officer Ramon Perez, said that Perez was fired in April 2005 "for refusing to use a taser on an older, physically-compromised individual who was easily restrained with less force, and second, because he was a Christian fundamentalist who home-schooled his children."

Concern Expressed Over Romania's New Religion Law

Last week, Romania's Parliament passed and sent on to the President a controversial new Religion Law. A Forum18 report says that deputies did not have the required five days to consider the report and amended text from the Chamber's Juridical and Human Rights committees before voting on the bill. The text of the bill is available in Romanian on the Parliament's website.

Yesterday, Senator Sam Brownback (R-KS) and Rep. Christopher H. Smith (R-NJ), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe (Helsinki Commission), wrote Romanian President Traian Basecu urging him to return the bill to Parliament for further refinement. (CSCE Release.) Saying that the current draft would be incompatible with Romania's OSCE religious freedom commitments, they continued: "The draft law's shortcomings include the creation of a tiered system of recognition which privileges some religions over others; the establishment of a high numerical threshold that a religious group must surmount in order to receive the most preferential legal status; and the establishment of a 12-year waiting period a religious group must undergo before receiving 'religion' status."

Settlement Reached In Evolution Textbook Sticker Case

Parents of Cobb County, Georgia school students have won a victory in a settlement reached yesterday in their long-running federal lawsuit challenging anti-evolution stickers placed in biology textbooks. The stickers read: "This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered." The case was awaiting retrial in Georgia federal district court after the U.S. 11th Circuit Court of Appeals last May reversed the original trial court decision in favor of the parents, largely on evidentiary grounds. (See prior posting.)

Yesterday's consent judgment and order (press release and full text) in Selman v. Cobb County School District, prohibits Cobb County schools from restoring the disclaimer stickers (which have already been removed) or similar warnings in science textbooks. It also prohibits any other oral or written disclaimers, or the redacting of material on evolution in science textbooks. The school district has also agreed to pay a portion of plaintiffs' attorneys fees, amounting to $166,659. The settlement is discussed in a release from the National Center for Science Education.

Today's Atlanta Journal Constitution reports on rections from both sides. Barry Lynn, executive director of Americans United for Separation of Church and State praised the settlemen. On the other hand, Cobb county parent Larry Taylor said: "It's terrorist organizations like the ACLU that are hijacking our country's educational system by imposing their own secular agenda on the rest of us."

The settlement comes as today marks the one-year anniversary of the widely-publicized Kitzmiller decision in which a Pennsylvania federal judge held that a disclaimer read to public school students promoting intelligent design as an alternative to evolution violates the Establishment Clause. A release by the Discovery Institute-- the chief proponent of intelligent design-- tries to put the best face on the anti-evolution movement's losses.

9th Circuit Certifies State Constitutional Issues In Boy Scout Case to State Court

Yesterday in Barnes-Wallace v. City of San Diego, (9th Cir., Dec. 18, 2006), the U.S. 9th Circuit Court of Appeals certified three questions to the California Supreme Court in a case challenging constitutionality of the City of San Diego's leasing, at nominal rentals, to the Boy Scouts city property on which the Scouts operate a campground and aquatic center. The facilities are used exclusively, or on a preferred basis, by Scout members. However the Scouts requires its members to affirm a belief in God. (It also excludes gays and lesbians as Scout members.)

Seeking to avoid deciding a federal constitutional question by relying on state constitutional law, the 9th Circuit asked the California high court to determine (1) whether the leases interfere with the free exercise and enjoyment of religion by granting preference for a religious organization in violation of the No Preference Clause in Art. I, Sec. 4 of the California Constitution; (2) whether under Art. XVI, Sec. 5 of the California Constitution, the leases amount to "aid", and (3) if so, whether the leases aid a "creed" or "sectarian purpose" in violation of the state constitution's "No Aid" Clause.

Judge Kleinfeld dissented, arguing that the case should be dismissed because plaintiffs lack standing to sue. He said that plaintiffs have never tried to use the facilities, and do not wish to do so while the Boy Scouts are there.

Yesterday's Bay City News Wire reported on the court's decision.

White House Hosts Hanukkah Reception

Yesterday, President and Mrs. Bush hosted a Hanukkah reception at the White House, attended by invited guests and Jewish members of the President's Cabinet and staff. In his remarks (full text), the President said: "Laura and I are honored to have this Hanukkah menorah here at the White House. It's a symbol that the White House is the people's house, and it belongs to Americans of all faiths." The White House website also features a video clip of an invited family lighting the Hanukkah menorah after offering the traditional blessings. The video also features the Indiana University Hillel "HooShir" Choir performing after the menorah lighting.

Suit In Israel Seeks To Require Law School For Rabbinical Court Judges

In Israel, a petition has been filed with the High Court of Justice seeking to require judges in rabbinical courts to have secular law school degrees as well as rabbinical training. Today's Jerusalem Post reports that attorney Dayana Har-Even has argued to the High Court that property disputes in divorce cases are often decided differently religious courts than in secular ones, even though both are required to settle property disputes according to secular law. Har-Even says this is because dayanim (religious court judges) are unfamiliar with secular legal rules.

Village Removes Menorah Rather Than Permitting Creche After Court Order

On Friday, a New York federal district court issued a temporary injunction in a creche case, Ritell v. The Village of Briarcliff Manor, (SDNY, Dec. 15, 2006). Briarcliff, Manor, New York had erected a 9-foot menorah beside a lighted natural evergreen tree in a public park, but refused to permit Henry Ritell to place a privately-funded creche next to the menorah. The village said that Christmas was already represented by the lighted tree. Court TV reports that Ritell disagreed, saying: "That's decorative. It doesn't mean Christ or Christianity. It's just lights on a tree."

The federal judge essentially agreed with Ritell. The court ruled that the prominent display of the menorah combined with the village's refusal to grant permits for other religious symbols constitutes an endorsement of one particular religion in violation of the Establishment Clause. It ordered the village to either permit the creche or remove the menorah. To the dismay of the Alliance Defense Fund (release), the city chose to remove the menorah. Initially it replaced it with a sign protesting the court's decision, but that was also removed after complaints by village residents. Today's Westchester Journal-News reports on reactions of village residents. (Also see prior related posting.)

UPDATE: The court's full opinion supporting its grant of a temporary injunction is available at 2006 U.S. Dist. LEXIS 94894 .

Christmas Wars Raise Funds For Christian Advocacy Groups

An article yesterday from Religion News Service says that conservative Christian groups are using the supposed "War Against Christmas" as a fund raising device. Sales of buttons, bumper stickers and other items through their websites have been brisk. Anita Staver, president of Liberty Counsel, says: "When its an issue affecting Christmas people will sit up and take notice."

College, Seeking To Hire Christians, Challenges Workforce Investment Act

The federal Workforce Investment Act provides for federal financial assistance to state employment and job training agencies to encourage them to create "One-Stop Career Centers". The WIA (Sec. 188(a)(2)) requires that programs funded under its provisions may not discriminate on various grounds, including religion.

The Pennsylvania Department of Labor & Industry set up a federally-financed Internet-based job listing service for use by job seekers. An employer can list a position in the system only if the employer agrees to non-discrimination requirements. Geneva College, a Christian university, requires all employees to articulate a commitment to Jesus. However, the Department of Labor & Industry refused to permit the College to include religious criteria in its job postings with the agency. Yesterday, Geneva College, along with the Association of Faith-Based Organizations, filed suit in federal court in Pittsburgh against the U.S. Department of Labor and the Pennsylvania Department of Labor & Industry challenging their refusal to permit religious organizations to use otherwise permissible faith-based criteria in their job listings.

The complaint (full text) alleges that the refusal infringes the First Amendment expression and religion rights of religious employers, as well their equal protection rights and their rights under the Religious Freedom Restoration Act. Plaintiffs are represented by the Christian Legal Society and the Alliance Defense Fund, (ADF Release.) Today's Pittsburgh Tribune-Review reports on the case.

Yemeni Editor's Sentence Suspended Pending Appeal

In Yemen yesterday, the Sana'a Appeals Court suspended the prison sentence of a newspaper editor and the closure of his paper, pending appeal of his conviction for publishing Danish cartoons of the Prophet Muhammad. Kamal Al-Olufi, editor-in-chief of Al-Rai Al-A'am weekly, had been in hiding for 17 days to avoid beginning the one-year jail sentence that had been handed down last month. (See prior posting.) Meanwhile, according to the same report in the Yemen Observer yesterday, lower courts continue to convict other journalists for reprinting the cartoons.

Deutsche Oper Finally Performs Controversial Mozart Opera

Germany's Deutsche Oper yesterday finally performed the controversial Mozart opera, Idomeneo. In September, the scheduled performance of the opera was cancelled out of fear of Muslim backlash. (See prior posting.) In one scene, the severed heads of Muhammad, Jesus, Buddha and Poseidon tumble out of a sack lifted by Idomeneo. The Associated Press reports that heavy security caused a half-hour delay yesterday in the curtain rising before the nearly-sold-out house. Germany's Interior Minister Wolfgang Schaeuble attended along with six representatives of Islamic organizations he had invited to the performance. However Ali Kizilkaya, head of Germany's Islamic Council, turned down the invitation. When the controversial scene was performed, one person in the audience yelled "stop it", while several others responded "continue, continue".

Court Finds No Jurisdiction Over Church Decision To Rehabilitate Cemetery

The Ravenna, Ohio Record-Courier last Friday reported on a decision by the Ohio 11th District Court of Appeals dismissing a suit against the Catholic Diocese of Youngstown, Immaculate Conception Parish in Ravenna and its pastor, the Rev. John-Michael Lavelle. Plaintiffs challenged the Church's decision to permit the cutting of trees in St. Mary's Cemetery in order to widen access roads, construct new buildings and prevent damage to above-ground headstones. They claimed that the tree removal violated the terms of a charitable trust of which they, as cemetery plot owners, were beneficiaries. The court, however, ruled that it lacked jurisdiction to infringe on the Church's decision regarding the use of its own property.

UPDATE: Here is the full opinion in Plough v. Lavelle, (OH 11th Dist. Ct. App., Nov. 24, 2006).

Alaska School Gets Federal Funds After Filing Corrective Plan

In October 2005, the U.S. Department of Education (DOE) withdrew $450,000 of Congressionally earmarked funds from Alaska Christian College after a federal investigation found that the school had been spending the money on religious instruction. (See prior posting.) Today's Anchorage Daily News reports that the College has now gotten back a $100,000 federal grant after filing a plan with DOE promising to separate some academic and religious functions. The school also has promised to spend the federal money only for secular purposes such as tutoring the school's Alaska Native students, and teaching them writing and mathematics. Becket Fund director of litigation Derek Gaubatz, attorney for the College, says that corrective plans such as the one filed by the College are becoming common.

Another Menorah Dispute- This Time In Colorado

Yesterday's New York Times reports on the dispute in Fort Collins, Colorado over a rabbi's request to place a menorah on publicly-owned property for the eight days of Hanukkah. For the second year in a row, the Fort Collins Downtown Development Authority has refused to permit the menorah in Old Town Square. Several city council members, backing the decision, said they were concerned that permitting the menorah would open the way for many other religious groups and organizations to demand that their symbols be placed in Old Town Square as well. Many in Fort Collins think that the city is wrong is excluding the menorah. This year, as it did last year, CooperSmith's Pub and Brewing in Old Town Square has permitted the rabbi to place the 9-foot tall menorah on its privately-owned premises. Many other businesses and residents are displaying their own small menorahs in support of the city's small Jewish population.

Property Fights Looming As Conservative Episcopal Churches Leave the Fold

New legal fights over ownership of church property may lie ahead as two large and influential Episcopal parishes in Fairfax and Falls Church, Virginia voted yesterday to leave the Episcopal Church in the United States (ECUSA) and affiliate with the Convocation of Anglicans in North America, a branch of the Nigerian Anglican church led by conservative archbishop Peter J. Akinola. The action of these parishes, and five smaller ones elsewhere in Virginia, result from disagreements with ECUSA over its increasingly liberal policies, culminating in the 2003 ordination of an openly gay bishop. Today's New York Times reports that while both sides want to avoid legal battles, Bishop Peter James Lee of the Episcopal Diocese of Virginia says that under church law, parish property is held in trust for the denomination and the diocese. He added: "As stewards of this historic trust, we fully intend to assert the church’s canonical and legal rights over these properties."

New Articles and Book On Religion and Law

From SSRN:
Jaynie R. Randall, Sundays Excepted: Originalism, the Blue Laws, and the Christian Nation, (Dec. 2006).

Nicholas Aroney, The Constitutional (In)Validity of Religious Vilification Laws: Implications for Their Interpretation, (Federal Law Review, Vol. 34, p. 287, 2006 ).

David Burnett, Atheism and the Courts, (May 2006).

From SmartCILP:
Decisions and Families: A Symposium on Polygamy, Same-Sex Marriage, and Medical Decision Making. Articles by Armand H. Matheny Antommaria, John E.B. Myers, Elizabeth B. Cooper, Christine Talbot and Irwin Altman. 8 Journal of Law & Family Studies 293-394 (2006).

New Book:
Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts, (Cambridge University Press, 2006) (Abstract).

Oregon Suits By Abuse Victims Against Archdiocese Settled

In Eugene, Oregon last week, U.S. District Judge Michael Hogan, at a press conference with church officials and lawyers for abuse victims, announced a settlement between the Archdiocese of Portland and almost 150 plaintiffs. Last Friday's Catholic Sentinel says that the settlement does not require the Archdiocese to sell off parish or school property. Among the suits settled is one that pushed the Archdiocese into bankruptcy proceedings in 2004. Insurance companies will contribute $50 million to the settlement fund, and the rest of the undisclosed settlement amount will come from the sale of non-parish and non-school real estate. Creditors, including abuse victims, must still vote to approve the settlement. Part of the settlement plan will result in parishes and schools being incorporated separately as charitable entities separate from the archdiocese.

5th Circuit Issues Splintered Decision On School Board Prayer

The U.S. 5th Circuit Court of Appeals on Friday issued an important decision on the opening of school board meetings with sectarian prayer. In Doe v. Tangipahoa Parish School Board, (5th Cir., Dec. 15, 2005), the court, in three divergent opinions, affirmed in part and vacated in part an injunction against opening school board meetings with religious invocations that had been issued by the district court in 2005. The district court, in its opinion, had held that the proper test to be applied was the Supreme Court's three-part Lemon test, rather than the legislative prayer exception of Marsh v. Chambers.

In the 5th Circuit, only Judge Stewart agreed fully with the district court. Judge Clement's opinion said that Marsh rather than Lemon applies to school board invocations, and found that all of the challenged prayers were permissible under Marsh. None of them "exploited the prayer opportunity either 'to proselytize or advance any one, or to disparage any other, faith or belief'." Judge Barksdale assumed, without deciding, that Marsh applied, but found that the prayers at issue were overtly sectarian, and were therefore not permitted by Marsh. The result of these splintered opinions was that the trial court's injunction was affirmed as to four specific prayers, but vacated insofar as it more broadly prohibited all prayer at board meetings.

The decision was covered by today's New Orleans Times-Picayune.