Rehearing To Be Sought In 4th Circuit "Good News Club" Case

An Anderson (SC) School District will ask the U.S. 4th Circuit Court of Appeals to grant a rehearing in Child Evangelism Fellowship v. Anderson School District 5 (see prior posting). Last December, the court questioned the rule under which the school refused to waive a usage fee for religious Good News Club meetings. The court said that the rule did not give administrators sufficient guidelines to prevent content-based discrimination. Wednesday's Anderson Independent Mail says that the school's insurers recommended the petition for a rehearing.

Irish Prelate Urges Repeal Of Ban On Catholic Monarch

Bishop Alan Harper, new head of the Irish Anglican church, says that the ban on Catholics and those married to Catholics becoming the British monarch should be abolished. Catholic News reported yesterday that Harper urged repeal of the 1701 Act of Settlement, saying that it "belongs to its time and we should move on".

Radical Sheik In Australia May Be Charged For Inciting Violence

In Australia, Federal Police are investigating a series of DVD's featuring radical Sheik Feiz Mohammed, the leader of the Global Islamic Youth Centre in Sydney. Called the "Death Series", the DVDs urge young Muslims to to sacrifice themselves for Islam, talk of a Muslim killing a Jew and ridicule Jews as pigs. Today's Sydney Morning Herald reports that Australia's Acting Attorney-General, Kevin Andrews, labeled the preachings an "importation of hatred" and said an investigation had been launched. He told reporters, "There is an offense in Australia, in broad terms, for a person to incite violence against another person or group of people based on political opinion or religious grounds or belief."

Ohio Trial Court Dismisses Ritualistic Torture Case On Statute of Limitations Grounds

Today's Toledo (OH) Blade reports that the Lucas County (OH) Common Pleas Court has dismissed on statute of limitations grounds a civil suit against Fr. Gerald Robinson that accused him, Gerald Mazuchowski, a former lay minister, and others of bizarre ritualistic torture and rape that supposedly took place some 40 years ago. The result was required by Ohio Supreme Court precedent. The plaintiff, identified only as "Survivor Doe", said that Robinson and other men, dressed in nun's clothing chanted Satanic verses, cut her with a knife as a sacrifice to Satan, drew an upside-down cross on her abdomen, and forced her to drink the blood of sacrificed animals, such as a rabbit. Also she says she was forced to perform sexual acts on the men. The abuse originally took place at a North Toledo church, and later in an unidentified wooded area. The lawsuit claims that Robinson and Mazuchowski "had a close relationship with Survivor Doe's mother, who also participated in the ceremonies in the woods and was becoming high priestess of Satan." Robinson was convicted last year of murdering a Roman Catholic nun in 1980. (See prior posting.)

Ministerial Exception Leads To Dismissal Of FLSA Claims

In Schleicher v. The Salvation Army, 2007 U.S. Dist. LEXIS 2836 (SD IN, Jan. 12, 2007), an Indiana federal district court dismissed a claim under the Fair Labor Standards Act brought by two former ministers of the Salvation Army for unpaid wages and overtime pay. The court held that the "ministerial exception" developed under Title VII of the Civil Rights Act also applies to suits under the FLSA. The exception prevents courts from intruding on matters of church administration. The court also held that the exception applies even though plaintiffs' duties were primarily to operate Salvation Army Thrift Stores. It said that those stores not only provide funds to support The Salvation Army's Adult Rehabilitation Centers, but also provide work therapy for the beneficiaries who reside there.

Comedian Must Pay Real Estate Commission To Sabbath-Observant Broker

The New York Law Journal and the New York Post earlier this week both reported on a lawsuit against Comedian Jerry Seinfeld by a real estate broker whose religious observance almost led to her not getting her commission on the sale of a $3.95 million townhouse to Seinfeld. Real estate broker, Tamara Cohen, acting as a co-broker, showed an 82nd Street townhouse to Seinfeld's "estate manager", and then a second time to him and Seinfeld's wife Jessica. However, when on the next day-- a Saturday-- Cohen failed to return a telephone call, Seinfeld and his wife went back to the townhouse and negotiated a purchase directly from the owner. Cohen's delay in returning the call-- that had been placed by Seinfeld's estate manager-- was because she had her telephone turned off for the Jewish Sabbath. Seinfeld testified that he did not know this was the reason for Cohen's not calling back. In Cohen's suit for her commission, New York state Supreme Court (trial court) Judge Rolando Acosta ruled that Cohen was entitled to her sales commission.

No 1st Amendment Bar To Sex Abuse Claims Against Churches; But No Liability Found

In C.B. v. Evangelical Lutheran Church in America, (MN Ct. App., Jan. 16, 2007), a Minnesota state appellate court rejected claims by several churches that the Free Exercise and Establishment clauses preclude the court from having jurisdiction over a claim against them on behalf of a minor who was sexually abused by a retired Lutheran minister. (The suit was brought by a mother on behalf of her minor daughter.) The court held that the claims arise out of standard tort law and merely require a determination of whether the minister was an employee of the churches and whether the abuse occurred within the scope of the alleged employment. This does not excessively entangle the court in the interpretation of doctrinal matters. However, the court upheld summary judgment that had been granted in favor of the churches because it found that the minister was not an employee of any of them. With no employment relationship, claims against them for vicarious liability, negligent supervision, and ratification, could not be maintained.

Evangelicals and Scientists Urge Political Movement on Environmental Issues

The National Association of Evangelicals announced yesterday a first of its kind collaboration with scientists from the Center for Health and the Global Environment at Harvard Medical School to encourage protection of the environment. The coalition sent its "Urgent Call To Action" to President Bush and Congressional leaders urging "fundamental change in values, lifestyles, and public policies required to address these worsening problems". The coalition plans an ongoing effort, including release of a Creation Care Bible study guide. Reuters, reporting on the coalition's activities, said that one hurdle was for scientists to become used to terminology-- such as "responsible care for Creation"-- used by evangelicals in referring to environmental concerns. [Thanks to Alliance Alert for the lead.]

North Carolina Appeal Finds Quran-In-Court Suit Justiciable

Yesterday in American Civil Liberties Union of North Carolina, Inc. v. Matteen, (NC Ct. App., Jan. 16, 2007), the North Carolina Court of Appeals held that enough of an actual case or controversy exists that a challenge can move forward to North Carolina's practice of only allowing court witnesses and jurors to be sworn in on the Christian Bible. Reversing the trial court's earlier decision (see prior posting), the Court of Appeals found that an actual controversy existed between the state and both a Muslim whose request to be sworn in using the Quran had been refused, and Jewish members of the ACLU who, if called for jury duty or as witnesses, would prefer to be sworn in using the Old Testament.

Now the case will go back to the trial court for it to decide the merits of the ACLU's claim that when the statute, N.C.G.S. § 11-2, calls for persons be sworn in using the "Holy Scriptures", that should be interpreted to include not just the Christian Bible, but also other religious texts including the Quran, the Old Testament, and the Bhagavad-Gita. The ACLU says that if this is not the case, then the statute is unconstitutional under the free exercise andestablishmentt clauses of the federalconstitutionn and under the religious liberty provision of North Carolina's constitution (Art. I, Sec. 13).

The Associated Press yesterday reported on the Court of Appeals decision.

European Hindus Oppose EU Proposal To Ban Swastika

As Germany's Prime Minister Angela Merkel assumes her 6-month term as president of the European Union, Germany is encouraging the EU to harmonize laws across all member nations to make Holocaust denial a crime and ban Nazi symbols, particularly the swastika. (BBC News, Jan. 15). However, Hindus across Europe are organizing to oppose a ban on the swastika. There is even an online petition to register opposition. Hindus have used the symbol for 5,000 years to represent peace. It is used at Hindu weddings to mean May Goodness Prevail. (The Australian, Jan. 17.)

Evangelical Marine Chaplain Claims New Retaliation By Navy

Sparring between the United States Navy and some of its evangelical Christian chaplains over Navy policies on sectarian prayer continues. Baptist Press reported yesterday that Marine chaplain Lt. Cmdr. Gary Stewart claims the Navy is retaliating against him because of his efforts to challenge a 2006 Navy policy mandating that chaplains use non-sectarian prayers at service-wide events. In a lawsuit filed last year by 41 current and former chaplains, Stewart claims he was reprimanded for praying in Jesus’ name and relieved of his duties at the Great Lakes Naval Training Station. Now Stewart has filed a complaint with the Department of Defense’s inspector general claiming new retaliation.

Stewart says he was transferred on short notice to a Tennessee naval base after, at a meeting in South Carolina Sen. Lindsay Graham’s office, he engaged in an exchange with former Chief of Chaplains (and current U.S. Senate Chaplain) Barry Black over what Black knew about actions taken by the Navy against evangelical chaplains. The meeting concerned an attempt to get Congress to reverse Navy policy. (See prior posting.)

Moroccan Journalists Get Suspended Sentence For Article On Religious Jokes

In Morocco, a court this week handed down three-year suspended sentences to the editor and to a reporter of the independent weekly magazine Nichane, according to a report yesterday by the Committee to Protect Journalists. They were charged with denigrating Islam under Morocco’s Press and Publication Law because of a 10-page article analyzing popular jokes about religion, sex, and politics. (See prior posting.) The journalists were also fined the equivalent of US$9,300. The prison terms can be imposed if either defendant is convicted of a future offense. The defendants could have been sentenced to as much as 5 years in prison.

Today Is National Religious Freedom Day

Today is National Religious Freedom Day-- the anniversary of the adoption of the Virginia Statute for Religious Freedom by the Virginia legislature on January 16, 1786. Last week, President George W. Bush issued a Proclamation formally setting this year's commemoration. The Proclamation, in part, said: "Across the centuries, people have come to America seeking to worship the Almighty freely. Today, our citizens profess many different faiths, and we welcome every religion. Yet people in many countries live without the freedom to worship as they choose and some face persecution for their beliefs. My Administration is working with our friends and allies around the globe to advance common values and spread the blessings of liberty to every corner of the world. Freedom is a gift from the Almighty, written in the heart and soul of every man, woman, and child, and we must continue to promote the importance of religious freedom at home and abroad."

President Signs Red Cross Treaty Protocol Creating Emblem Usable By Israel

Last Friday, President Bush signed the instrument of ratification for the Third Additional Protocol to the 1949 Geneva Conventions, and also signed into law H.R.6338, the "Geneva Distinctive Emblem Protection Act of 2006" (signing statement). The Protocol's ratification will lead to the admission of Israel's Magen David Adom as a member of the International Red Cross and Red Crescent Movement. For decades, Muslim countries refused to permit Israel's emergency service to membership because MDA used the Star of David as its emblem. The Protocol creates a new "Red Crystal" as an emblem-- and permits Israel to place the Star of David inside the diamond shaped crystal. (See prior posting.) The Protocol was finally adopted by 29th International Conference of the Red Cross and Red Crescent last June. The accompanying legislation signed last week by President Bush punishes improper use of the new emblem in the United States.

RLUIPA Suit Filed In Illinois; Another Settled In New Jersey

Today's Courier News reports that in Elgin, Illinois, HELPS Ministry, the operator of a downtown homeless shelter, has filed suit in federal court claiming that the city has violated HELPS' free exercise rights and its rights under RLUIPA. The suit alleges that the city has indefinitely delayed a vote on granting it a conditional use permit to reopen its shelter at Family Life Church after the facility had been closed down for code violations that made it unsafe for overnight occupancy. The city's zoning board voted unanimously to recommend the permit, but before the Nov. 29, 2006 City Council meeting at which the recommendation was to be approved, the item was removed from the agenda "and sent to the city's legal department indefinitely." Since it was forced out of Family Life, HELPS has provided sleeping space for the homeless on its school bus, at various churches and at a Christian camp.

In Bedminster Township, New Jersey, Church of the Hills and the township have reached an agreement that will permit the church to expand the size of its facility. (Bridgewater, NJ Courier News.) The church had sued under RLUIPA after the township denied it a crucial zoning variance. (See prior posting.) Under the terms of the settlement, the church agrees to various limits that will deal with concerns about excessive noise levels and other disruptions. In the settlement, which still must be approved by the court, the township has agreed to pay the church $150,000. Of that amount, $100,000 is covered by the township's insurance.

Congress Imposes Sanctions On Belarus For Denying Religious Freedom

President Bush, last Friday, signed H.R. 5948, the Belarus Democracy Reauthorization Act of 2006. Part of the new law imposes various sanctions on Belarus until it makes significant progress in meeting a long list of desired democratic reforms. Among the conditions imposed are the release of individuals in Belarus who have been jailed based on their religious beliefs and the cessation of all forms of harassment and repression against religious organizations. The initial Findings in H.R. 5948, conclude in part: "The Lukashenka regime has increasingly subjected leaders and members of minority and unregistered religious communities to harassment, including the imposition of heavy fines, denying permission to meet for religious services, prosecutions, and jail terms for activities in the practice of their faith."

Malaysia Will Not Force Non-Muslims To Testify In Sharia Courts

In Malaysia, the Chief Judge of the country's Syariah Judiciary Department, Datuk Sheikh Ghazali Abdul Rahman, announced at an international conference on family law that non-Muslims would no longer be forced to attend Syariah courts to testify in cases involving differences between Muslims and non-Muslims. (Bernama.) The issue has been raised in the wake of high-profile cases involving the question of whether an individual had changed religious affiliations. (Sun2Surf).

German Court Upholds Ban On Teachers Wearing Head Scarves

The Associated Press reports today on a decision issued by the Constitutional Court of the German state of Bavaria that upholds a ban on German teachers who are Muslim wearing head scarfs while teaching. A 2004 Bavarian law prohibits teachers in class from wearing clothing or other items that express views "incompatible with the basic values of the constitution and its educational goals, including western Christian educational and cultural values." Bavarian educational authorities have interpreted the law to ban head scarves, while permitting Roman Catholic nuns to wear head-covering habits in schools. The court ruled that the Bavarian law did not infringe freedom of religion and did not discriminate against non-Christians. Albin Dannhaeuser, head of the Bavarian teachers association, said there are only two Muslim female teachers in Bavaria. Both of them wear hats in order to get around the ban on head scarves. The Islamic Religious Community is considering whether to appeal the case to Germany's Federal Constitutional Court.

MLK Day and Church-State Issues

Today is Martin Luther King Day-- celebrating the birthday of the nation's pre-eminent modern civil rights leader. The relationship of the King federal holiday to church-state issues is intriguing. Even though King was a minister, and his movement was suffused with religious overtones, the President's Proclamation (full text) declaring today as the Martin Luther King, Jr., Federal Holiday makes no mention of religion, prayer or Dr. King's religious connections. Exactly what constitutes appropriate celebration of the holiday has never been clear. President Bush merely says: "I encourage all Americans to observe this special day with appropriate civic, community, and service programs and activities in honor of Dr. King's life and legacy."

One of Dr. King's most complete expressions of his views on church-state issues took place in an interview which few in either religious or political affairs would grant today-- an interview with Playboy Magazine (Jan. 1965) (full text). The interviewer was Alex Haley. When asked about mistakes he had made, King said:

the most pervasive mistake I have made was in believing that because our cause was just, we could be sure that the white ministers of the South, once their Christian consciences were challenged, would rise to our aid.... The projection of a social gospel, in my opinion, is the true witness of a Christian life.... The church once changed society. It was then a thermostat of society. But today I feel that too much of the church is merely a thermometer, which measures rather than molds popular opinion.

However, when asked his view of the U.S. Supreme Court's decision striking down school prayer, King said:

I endorse it. I think it was correct. Contrary to what many have said, it sought to outlaw neither prayer nor belief in God. In a pluralistic society such as ours, who is to determine what prayer shall be spoken, and by whom? Legally, constitutionally or otherwise, the state certainly has no such right. I am strongly opposed to the efforts that have been made to nullify the decision. They have been motivated, I think, by little more than the wish to embarrass the Supreme Court.

Recent Scholarly Articles On Law and Religion

From SSRN:
> Ira C. Lupu & Robert W. Tuttle, The Limits of Equal Liberty as a Theory of Religious Freedom, (Texas Law Review, April 2007), review of Christopher L. Eisgruber and Lawrence G. Sager, Religious Freedom and the Constitution, (Harvard University Press, 2007).

> Kay E. Goodall, Incitement to Religious Hatred: All Talk and No Substance?, (Modern Law Review, Jan. 2007).

From Theoretical Inquiries In Law:
> Peter Fitzpatrick, "What Are the Gods to Us Now?": Secular Theology and the Modernity of Law, (Vol. 8, No. 1, 2007).

From SmartCILP:
> Richard Albert, Religion in the New Republic, 67 Louisiana Law Review 1-54 (2006).

> Shubba Ghosh, Belief: An Essay in Understanding, 54 Buffalo Law Review 807-831 (2006).

> Steven K. Green, Religion Clause Federalism: State Flexibility Over Religious Matters and the "One-Way Ratchet", 56 Emory Law Journal 107-124 (2006).

> Martin H. Pritikin, Punishment, Prisons, and the Bible: Does "Old Testament Justice" Justify Our Retributive Culture?, 28 Cardozo Law Review 715-778 (2006).

> Christian Faith and Political Life: A Dialogue. Introduction by Randy Beck; articles by Jason Carter; response by Randy Beck; reply by Jason Carter. 41 Georgia Law Review 65-168 (2006).