Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Wednesday, December 27, 2006
Employee Awarded Damages In Religious Discrimination Case
In a Huntsville, Alabama federal court last week, a jury awarded $15,000 in damages for mental anguish and $100,000 in punitive damages to Carolyn Hall, a former office manager in a medical clinic who was fired after she refused to discuss her religious beliefs with the clinic's owner, Dr. Dean Willis. Willis told Hall that he was concerned about her job performance because he did not know where she stood with God. Today's Huntsville Times, reporting on the religious discrimination verdict, says that damages will probably be reduced to $50,000 because of a statutory cap on damages in federal civil rights actions. 42 USC 1981a permits punitive damages in intentional employment discrimination cases, but caps total damages depending on the size of the business involved.
Dispute Over Cross In William & Mary Chapel Continues
The controversy continues at the College of William and Mary over the President's decision to remove a table cross from permanent display in the school's Wren Chapel in order to make the facility more welcoming to non-Christians. The school is now part of the state university system. (See prior posting.) According to yesterday's Washington Post, President Gene Nichol has now said that the cross will be displayed on Sundays, instead of only during Christian worship services or when otherwise requested. The school will also put up a plaque noting that the chapel's began as an Anglican place of worship. And today's Inside Higher Ed reports in more detail on a letter by President Nichol released to the campus community just before Christmas explaining in detail the reasons for his decision and announcing these additional moves.
Land Use Dispute Between Jewish Student Group and Milwaukee Neighbors
A new land use battle under RLUIPA may be brewing in Milwaukee, Wisconsin. The Milwaukee Jewish News yesterday reported that the Hillel organization plans to build a new Jewish student center near the University of Wisconsin - Milwaukee. In October, the Milwaukee Jewish Federation purchased two homes across from campus and filed a request for a permit to raze them. Neighbors, arguing that Hillel's plans will destroy the historic nature of the neighborhood, convinced the Milwaukee Historic Preservation Commission to give the houses interim status as historic buildings. Hillel has filed an appeal to Milwaukee's Common Council, which is expected to act on the case in January.
Indian Judge Stays Order Limiting Sacrifices By Muslims On Bakri Eid
In India earlier this month, the Bombay High Court ruled that it is illegal to slaughter bulls that are less than 16 years old. (DNA India, Dec. 18.) Apparently the ruling was handed down in order to clarify the meaning of "calf" under the Maharashtra Animal Preservation Act of 1976. However yesterday DNA India reported that Justice S J Vazifdar has granted a stay of the ruling until January when the full court can hear a challenge by the State Minority Commission and the Beef Dealers' Welfare Association. The challengers argue that the slaughter ban unconstitutionally interferes with religious practices of the Muslim community. Muslims traditionally sacrifice a young goat or bull on Bakri Eid, the festival marking Abraham's finding of a lamb as a replacement for his son Ishmael who God had ordered Abraham to sacrifice. The stay will mean that young bulls will be available for Bakri Eid that this year falls on January 1, 2007. A bill to ban the slaughter of all calves, bulls and bullocks is pending in Maharashtra.
Tuesday, December 26, 2006
Hajj Begins Thursday
Newswire.co.nz today reports that over 1.5 million Muslims have already arrived in Saudi Arabia for the Hajj that begins on Thursday. The government's Supreme Hajj Committee coordinates the massive annual religious pilgrimage. The Health Ministry has over 9,600 medical personnel on hand to deal with medical issues, and has set up 21 field hospitals in Mecca and Medina. Ongoing news coverage of the 2006 Hajj is available from the Hajj Committee's website and from the website of the Saudi embassy in Washington.
Political Adviser Urges Democrats To Campaign More On Their Religious Beliefs
Today's New York Times says that a rising star among consultants to Democratic political candidates is Mara Vanderslice. Her firm, Common Good Strategies, helps candidates appeal to evangelical and other religious voters. She presses Democrats to speak about the religious foundations of their policy beliefs, not to avoid controversial subjects and to speak even with conservative evangelical pastors. She also advises Democratic candidates not to use the phrase "separation of church and state" in their remarks, saying it suggests to people that there should not be a role for religion in public life. In 2004, Vanderslice was unsuccessful in attempting to persuade Presidential candidate John Kerry to speak more openly about his Catholic religious beliefs.
Dutch Teacher Fired For Refusing To Shake Men's Hands
In the Netherlands, Vader Rijn College has fired a Muslim teacher for her refusal , on religious grounds, to shake hands with men. The dismissal came even though the country's Equal Treatment Commission had earlier handed down a non-binding ruling advising against the dismissal. Reporting on the incident, yesterday's European Jewish Press said that the school believed the teacher's conduct set a bad example for pupils-- most of whom have Moroccan or Turkish backgrounds. School director Bart Engbers wants a secular learning environment. He said: "Religious and political flag-waving must stay at home."
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.
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