Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Tuesday, December 26, 2006
Church-State Scholar Saluted As He Faces ALS
Today's Tallahassee (FL) Democrat carries a poignant story about law professor Steven Gey. The well-known church-state scholar and textbook author is courageously facing a recent diagnosis of amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease. The article reflects the great respect and concern of Gey's colleagues, friends and former students for him.
EU Bishops Want Reference To Religion In Anniversary Document
Next March marks the 50th anniversary of the Treaty of Rome, the document that laid the foundation for the European Union. Last week, EUObserver reported that drafting has begun on the Berlin Declaration-- a document that will mark that anniversary. Catholic bishops in Europe are pressing for the document to make reference to Europe's Christian heritage. The Commission of the Bishops Conferences of the European Community released a statement earlier this month saying: "for a majority of EU citizens their Christian faith is the living source for their support of our common values and ambitions. The Berlin Declaration, therefore, should be inclusive enough not only to list the values and ambitions of the European Union but to reflect the religious and humanistic motivation of EU citizenship." This follows their failed attempt last year to get a reference to Europe's Christian heritage placed in the Preamble to the EU Constitution that was then being considered.
Monday, December 25, 2006
White House Issues 2006 Christmas Greetings; Queen Elizabeth Podcasts Hers
Here is President Bush's Christmas Message issued on December 18:
"For unto us a child is born ... and His name will be called Wonderful, Counselor, Mighty God, Everlasting Father, Prince of Peace." Isaiah 9:6Meanwhile in Britain, Queen Elizabeth's annual Christmas Day message to the Commonwealth will not only be televised, but will be available by podcast and can be watched directly online as well, according to today's Daily Express. By subscribing ahead, those who are interested can get the podcast delivered directly to their iTunes or other MP3 software. The Queen's message to the Armed Forces is also available in MP3 form. An archive of all the Queen's Christmas broadcasts since 1952 is available on the British Monarch website.
For centuries, patient men and women listened to the words of prophets and lived in joyful expectation of the coming Messiah. Their patience was rewarded when a young virgin named Mary welcomed God's plan with great faith, and a quiet birth in a little town brought hope to the world. For more than two millennia, Christians around the world have celebrated Christmas to mark the birth of Jesus and to thank the Almighty for His grace and blessings.
In this season of giving, we also remember the universal call to love our neighbors. Millions of compassionate souls take time during the holidays to help people who are hurt, feed those who are hungry, and shelter those who need homes. Our Nation also thinks of the men and women of our military who are spending Christmas at posts and bases around the world and of the loved ones who pray for their safe return. America owes a debt of gratitude to our service members and their families.
The simple story of Christmas speaks to every generation and holds a sense of wonder and surprise. During this time of joy and peace, may we be surrounded by the love of family and friends and take time to reflect on the year ahead. Laura and I pray that this season will be a time of happiness in every home and a time of peace throughout the world. Merry Christmas.
Uncounted Overseas Missionaries Could Lead To Larger U.S. Congress
Yesterday, the Associated Press reported on a fascinating proposal that Congress will face when it reconvenes. The proposal was triggered by the decision of the U.S. Census Bureau in 2000 not to count civilian U.S. nationals living overseas in the census. This meant that, among others, 11,000 Mormon missionaries stationed around the world-- most from Utah-- were not included. So North Carolina ended up with 856 more people than Utah and got an extra representative in the House of Representatives that Utah thought it deserved. In Utah v. Evans, 143 F. Supp.2d 1290 (D. Utah, Apr. 17, 2001) [LEXIS link], a 3-judge federal district court rejected Utah's challenge to the refusal to count the overseas missionaries, and the Supreme Court summarily affirmed the decision.
Now Utah leaders have endorsed a proposal that would permanently increase the number of members in the House of Representatives from 435 to 437. Then Utah would get its fourth seat-- presumably a Republican-- and the District of Columbia would get its first voting member-- presumably a Democrat. Since the total number of representatives is controlled by statute, and not specified in the Constitution, the added member for Utah would presumably be permissible. However, there is doubt whether D.C. can be given a voting representative without a Constitutional amendment.
Now Utah leaders have endorsed a proposal that would permanently increase the number of members in the House of Representatives from 435 to 437. Then Utah would get its fourth seat-- presumably a Republican-- and the District of Columbia would get its first voting member-- presumably a Democrat. Since the total number of representatives is controlled by statute, and not specified in the Constitution, the added member for Utah would presumably be permissible. However, there is doubt whether D.C. can be given a voting representative without a Constitutional amendment.
Leaders In Pakistan and Nepal Extend Greetings To Christian Minorities
In predominately Muslim Pakistan, President Pervez Musharraf and Prime Minister Shaukat Aziz yesterday sent Christmas greetings to the country's Christian community. The Pak Tribune (which felt the need to inform its readers when Christmas was) reported that both leaders assured Pakistanis that the rights of minority religions would continue to be fully protected. Pakistan's Constitution assures minorities the right to freely profess, practice and propagate their religion.
In largely Hindu Nepal, IANS today reports that the Christian community is celebrating Christmas in a new atmosphere of tolerance. Earlier this year, a pro-democracy movement removed the king and installed a multi-party government that promised to make Nepal a secular state instead of one whose official religion is Hinduism. Prime Minister Girija Prasad Koirala added Christmas to the list of official programs and extended greetings to the Christian community.
In largely Hindu Nepal, IANS today reports that the Christian community is celebrating Christmas in a new atmosphere of tolerance. Earlier this year, a pro-democracy movement removed the king and installed a multi-party government that promised to make Nepal a secular state instead of one whose official religion is Hinduism. Prime Minister Girija Prasad Koirala added Christmas to the list of official programs and extended greetings to the Christian community.
Sunday, December 24, 2006
Iraqi Christians Suggest Competing Plans For Autonomous Region
As Christians are rapidly leaving Iraq, at least two competing plans have been proposed to protect them and encourage them to remain. Compass Direct News reported last week that some Christians want to cooperate with Kurdish officials to create an autonomous Christian area within the Kurdish federal state. Others want a completely separate federal state for non-Muslim minorities. Chaldean Archbishop of Kirkuk Luis Sako however says that moves by Christians to obtain their own region might backfire and lead to attempts to drive Christians in other parts of Iraq out to the new region.
Connecticut Priest Abuse Court Records Unsealed
In Rosado v. Bridgeport Roman Catholic Diosesan Corp., 2006 Conn. Super. LEXIS 3647 (Conn. Super., Dec. 6, 2006), a Connecticut trial court earlier this month ordered most of the records in 23 priest-abuse cases to be unsealed. Four newspapers succeeded in their claim that the records should be made available now that the cases have been settled and withdrawn.
In China, Christians Sentenced For Protests, While Christianity Spreads
Reuters reported today that a local court in Xiaoshan, a prospering commercial suburb in the Chinese province of Hangzhou, has sentenced eight Christians to jail terms of up to 3 and one-half years for their part in a mass protest against government demolition of an illegal church last July. The Xinhua news agency said the church had been built in a planned commercial area. The demonstration injured at least ten government workers. Meanwhile today's Detroit Free Press reports on the spread of Christianity in China.
North Carolina School Board Liberalizes Policy On Distributing Material
Facing a temporary injunction that prohibited the enforcement of school rules that broadly restricted the distribution of written material by students (see prior posting), on December 15 the Sampson County, North Carolina School Board rescinded two of its long-standing rules. The rules that were discarded imposed limits on both students and outsiders. They were replaced with five new policies that prohibit only narrow classes of materials while recognizing students' rights to free speech and silent prayer (subject to restriction of obscene, lewd, vulgar or inappropriate speech). Sunday's Fayetteville (NC) Observer reports on these developments. The old rules had come under attack after the school applied them to prohibit a student from handing out Day of Truth cards presenting a Christian view on homosexuality.
Secularist Group Charges Large French Subsidies To Religion Exist
A report by La Libre Pensee, a coalition of French secularist organizations, claims that despite the strict separation of church and state required by a 1905 law, the French government is subsidizing religion in amounts equal to billions of Euros. A posting today by Britain's National Secular Society discusses the details. The national government's payments, supplemented by local appropriations, give largely Catholic private schools 9.2 billion Euros in aid. In the Department of Alsace Moselle, which is not covered by the 1905 law, additional amounts are paid to priests to teach religion in state schools. Also salaries of Catholic, Protestant and Jewish clergy in Alsace are being paid with government funds. Throughout France, religious tax exemptions, subsidies to pro-life associations, contributions to the priests' health care system, and local payments for housing of diocesan priests all add to governmental subsidization of religion.
Recent Prisoner Free Exercise Cases Mostly Focus On Prison Diets
In Mallory v. Winchester, 2006 U.S. Dist. LEXIS 90581 (ND IN, Dec. 12, 2006), an Indiana Federal district court dismissed a prisoner's claim that he was denied the opportunity to celebrate Ramadan. The court found that neither rude and hateful comments about Islam, nor the meal arrangements that were offered to plaintiff, violated his rights under RLUIPA.
In Blount v. Johnson, 2006 U.S. Dist. LEXIS 90979 (WD VA, Dec. 15, 2006), a Virginia federal district judge held that-- assuming he can prove a sincerely held religious belief-- denying a prisoner who is a member of the House of Yahweh access to the prison's common fare diet substantially burdens his free exercise of religion. The court rejected the magistrate judge's conclusion that officials are entitled to qualified immunity on the claim.
In Andreola v. Wisconsin, (7th Cir., Dec. 18, 2006), the U.S. 7th Circuit Court of Appeals affirmed dismissal of claims by an Orthodox Jewish prisoner that his free exercise and RLUIPA rights were violated when prison officials failed to provide him with kosher food meeting his strict standards and failed to permit him to supervise the preparation of his meals. The court also dismissed his claim that officials committed fraud by representing the food served to him as kosher.
In Hallford v. California Department of Corrections, 2006 U.S. Dist. LEXIS 92536 (ED CA, Dec. 21, 2006), a California federal district court held that a Buddhist prisoner had not exhausted his administrative remedies before he filed suit challenging the difficulties he experienced in attempting to gain access to a vegetarian diet in prison.
In the one recent case on another topic, in Smith v. Sears, 2006 U.S. Dist. LEXIS 92516 (SD OH, Dec. 21, 2006), an Ohio federal district court permitted a prisoner to amend his pending complaint to allege that forcing him to have his beard cut violated his rights under RLUIPA.
In Blount v. Johnson, 2006 U.S. Dist. LEXIS 90979 (WD VA, Dec. 15, 2006), a Virginia federal district judge held that-- assuming he can prove a sincerely held religious belief-- denying a prisoner who is a member of the House of Yahweh access to the prison's common fare diet substantially burdens his free exercise of religion. The court rejected the magistrate judge's conclusion that officials are entitled to qualified immunity on the claim.
In Andreola v. Wisconsin, (7th Cir., Dec. 18, 2006), the U.S. 7th Circuit Court of Appeals affirmed dismissal of claims by an Orthodox Jewish prisoner that his free exercise and RLUIPA rights were violated when prison officials failed to provide him with kosher food meeting his strict standards and failed to permit him to supervise the preparation of his meals. The court also dismissed his claim that officials committed fraud by representing the food served to him as kosher.
In Hallford v. California Department of Corrections, 2006 U.S. Dist. LEXIS 92536 (ED CA, Dec. 21, 2006), a California federal district court held that a Buddhist prisoner had not exhausted his administrative remedies before he filed suit challenging the difficulties he experienced in attempting to gain access to a vegetarian diet in prison.
In the one recent case on another topic, in Smith v. Sears, 2006 U.S. Dist. LEXIS 92516 (SD OH, Dec. 21, 2006), an Ohio federal district court permitted a prisoner to amend his pending complaint to allege that forcing him to have his beard cut violated his rights under RLUIPA.
Saturday, December 23, 2006
Congress Authorizes Diplomatic Privileges For Vatican's UN Mission
It is expected that President Bush in the near future will sign the Department of State Authorities Act of 2006, H.R. 6060. The bill was passed by Congress on Dec. 9. Section 7 of the Act authorizes the President to grant full diplomatic privileges and immunities to the Vatican's Permanent Observer Mission to the United Nations and its members. In a report yesterday, Catholic News Service quotes the bill's chief sponsor, New Jersey Rep. Chris Smith, as saying that the bill will strengthen the "mutually beneficial relationship" of the United States and the Holy See.
Morocco Journalists Face Prison For Article On Religious Jokes
The Committee to Protect Journalists reported yesterday that in Morocco, a magazine, its publisher and one of its reporters have been charged with denigrating Islam under Article 41 of Morocco's Press and Publication Law 2002 (background). The the weekly magazine Nichane has been banned because it published a 10-page article analyzing popular jokes about religion, sex, and politics. Driss Ksikes, the publisher and reporter Sanaa al-Aji, each face 3 to 5 years in prison plus fines if they are convicted.
Lawsuit Attempts To Prevent Pittsburgh Episcopal Diocese From Taking Property
Episcopal News Service yesterday reported on the latest legal steps being taken by the Episcopal Church of the United States to prevent the break-away Pittsburgh Diocese from taking church property with it. In 2005, a Pennsylvania state court approved the settlement of a lawsuit challenging the first steps by the diocese to break away and claim title to parish properties. The settlement provided that even if the majority of the diocese's congregations decide not to remain in the Episcopal Church, any diocesan real estate and endowments would be held by the remaining diocesan structure. Now that the Diocese last month took more formal steps to withdraw, plaintiffs in the earlier case have petitioned the court to enforce the 2005 settlement. A petition (full text) filed in Calvary Episcopal Church v. Duncan, (Com. Pl. Allegheny Co., Dec. 19, 2006), alleges that defendants are attempting to remove property from the Episcopal Church. It asks the court to order an accounting of the Diocese's real and personal property, and its use, since 2003 and to prohibit transfer of Diocese property to other entities.
House Hearings On International Religious Freedom
On Thursday, the U.S. House of Representatives Committee on International Relations held hearings on the State Department's 2006 International Religious Freedom Report. Statements by the following witnesses are available online: Committee Vice-Chairman Christopher Smith; Stephen M. Liston, Director of State Department's Office of International Religious Freedom ; Felice Gaer, Chair of U.S. Commission on International Religious Freedom; Thomas F. Farr, Former Director of State Department's Office of International Religious Freedom; Nina Shea, Director of Freedom House's Center for Religious Freedom; Pastor Bui Thien Hue of Houston, Texas; Joseph Kung, President of Cardinal Kung Foundation; and Berhane Sium, Eastern US Coordinator of the Eritrean National Salvation Front.
Friday, December 22, 2006
Future Of Religious Freedom In Turkmenistan Unclear After Dictator's Death
Yesterday, the leader of Turkmenistan, dictator Saparmurat Niyazov, died. Shortly after, Forum 18 reported that it remains unclear whether Niyazov's hostility to religious freedom will continue. The late dictator had invented a religion called Ruhnama, and imposed it on the country. An exiled Protestant said that "the transition leaders have already praised Niyazov and his policies and vowed to continue them." The country's Foreign Minister and other officials have refused to comment.
Controversy Continues Around Government-Sponsored Holiday Displays
As Christmas draws near, here is a roundup from around the world of stories from the past two days on governmentally sponsored holiday displays:
NZZ Online reports that in Switzerland a debate has been raging on whether Christmas celebrations in public schools should be banned out of concern for the feelings of Muslims. The debate originated when comments made by the president of the Swiss teachers' association were misconstrued. IN response, Muslim organizations have specifically requested that Christmas celebrations be kept in the schools.
In Olympia, Washington, officials have rejected a request by a resident that a nativity scene be placed beside the Menorah at the capitol building. The Associated Press reports that even though the Menorah was lit by the governor, officials believe that the nativity scene would be a stronger governmental endorsement of religion. However, in Wailuku, Hawaii, Maui County officials have installed a Christmas tree next to a Hanukkah menorah and dreidel already on display at the county building. The Honolulu Advertiser reports that the step was taken after the ACLU objected that the Hanukkah display alone could give the impression that the county was endorsing Judaism.
UPDATE: On Dec. 27, the Alliance Defense Fund announced that it had filed a complaint seeking a temporary restraining order in Washington state to permit a nativity scene to be displayed in the state capitol rotunda on the same terms as the menorah and holiday tree that are already there.
In a Toronto, Ontario courthouse, a Christmas tree that was originally moved to a back lobby on the orders of one of the judges (see prior posting) has reappeared in its original place in the courthouse's main foyer. The Toronto Star reports that after the province's attorney general spoke with the chief justice, the earlier directive was reversed. Officials also agreed that in January they would discuss creating a formal policy on holiday decorations. Attorney General Michael Bryant, apparently suggesting that the incident had been overblown, said: "We don't see the need to bring a habeas corpus application to free the tree just yet. Amnesty International has not called to date."
NZZ Online reports that in Switzerland a debate has been raging on whether Christmas celebrations in public schools should be banned out of concern for the feelings of Muslims. The debate originated when comments made by the president of the Swiss teachers' association were misconstrued. IN response, Muslim organizations have specifically requested that Christmas celebrations be kept in the schools.
In Olympia, Washington, officials have rejected a request by a resident that a nativity scene be placed beside the Menorah at the capitol building. The Associated Press reports that even though the Menorah was lit by the governor, officials believe that the nativity scene would be a stronger governmental endorsement of religion. However, in Wailuku, Hawaii, Maui County officials have installed a Christmas tree next to a Hanukkah menorah and dreidel already on display at the county building. The Honolulu Advertiser reports that the step was taken after the ACLU objected that the Hanukkah display alone could give the impression that the county was endorsing Judaism.
UPDATE: On Dec. 27, the Alliance Defense Fund announced that it had filed a complaint seeking a temporary restraining order in Washington state to permit a nativity scene to be displayed in the state capitol rotunda on the same terms as the menorah and holiday tree that are already there.
In a Toronto, Ontario courthouse, a Christmas tree that was originally moved to a back lobby on the orders of one of the judges (see prior posting) has reappeared in its original place in the courthouse's main foyer. The Toronto Star reports that after the province's attorney general spoke with the chief justice, the earlier directive was reversed. Officials also agreed that in January they would discuss creating a formal policy on holiday decorations. Attorney General Michael Bryant, apparently suggesting that the incident had been overblown, said: "We don't see the need to bring a habeas corpus application to free the tree just yet. Amnesty International has not called to date."
Virginia Congressman Reignites Controversy Over Swearing-In On Quran
Virginia Republican Congressman Virgil Goode has reignited a controversy over plans by a newly-elected Muslim congressman to take his oath of office on the Quran. (Washington Post.) Yesterday news media published a letter (full text) that Goode had sent to constituents who had written to him objecting to the swearing-in plans of Minnesota Congressman-elect Keith Ellison. The letter read in part:
The entire controversy was begun earlier this month when talk-show host Dennis Prager wrote a column saying Ellison should be required to use a Bible instead of the Quran. (See prior posting.) Yesterday the executive committee of the 68-member Holocaust Memorial Council on which Prager serves adopted a resolution critical of Prager's position. It said that Prager's position is "antithetical to the mission of the [U.S. Holocaust Memorial] museum as an institution promoting tolerance and respect for all peoples regardless of their race, religion or ethnicity." (New York Times.)
Goode has refused to apologize for his remarks. (CNN). Congressman Ellison, however, responded charitably, saying he would like to meet with Goode to discuss Islam and find some "common ground." (CNN).When I raise my hand to take the oath on Swearing In Day, I will have the Bible in my other hand.
I do not subscribe to using the Koran in any way.... [I]f American citizens don't wake up and adopt the Virgil Goode position on immigration there will likely be many more Muslims elected to office and demanding the use of the Koran....I fear that in the next century we will have many more Muslims in the United States if we do not adopt the strict immigration policies that I believe are necessary to preserve the values and beliefs traditional to the United States of America and to prevent our resources from being swamped.
The entire controversy was begun earlier this month when talk-show host Dennis Prager wrote a column saying Ellison should be required to use a Bible instead of the Quran. (See prior posting.) Yesterday the executive committee of the 68-member Holocaust Memorial Council on which Prager serves adopted a resolution critical of Prager's position. It said that Prager's position is "antithetical to the mission of the [U.S. Holocaust Memorial] museum as an institution promoting tolerance and respect for all peoples regardless of their race, religion or ethnicity." (New York Times.)
No Free Exercise Problem In Denial Of Medicaid For Services In Israel
In Shagalow v. State, (MN Ct. App., Dec. 19, 2006), a Minnesota state court of appeals held that the state's refusal under the Medicaid program to pay for a young woman's residential habilitation program in Israel did not violate her religious freedom rights under the U.S. or Minnesota constitutions. Plaintiff claimed that the only residential habilitation program that adheres to her Jewish Orthodox practices (including gender segregation, strict observance of the Sabbath, and dietary restrictions) is one located in Jerusalem. The court found that the state's decision did not directly infringe plaintiff's religious practices. The state's refusal was based on its need to effectively monitor the quality, health, and financial integrity of services for which it paid.
Georgia State Board To Offer Minimal Guidance On Bible Courses
Earlier this year, the Georgia legislature enacted a law requiring the State Board of Education to create two optional courses on the history and literature of the Old and New Testament. (See prior posting.) Today's Atlanta Journal Constitution reports that the plan that will likely be adopted by the state board next month will offer little specific guidance to schools in designing the courses. It will provide that the goals of the half-semester courses will be to teach the origins and literary styles of the Bible, its major narratives, its influence on contemporary culture, and the development of translations. Courses can cover the history of the kingdom of Israel, the poetry of the Old Testament, the life and parables of Jesus, life and travels of the Apostle Paul and the influence of the Scriptures on literature, art, music, law and current events. The state board will not provide specific lesson plans or suggest reading materials other than the Bible which the law requires to be the basic text.
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