Tension Between Church and Venezuela's Chavez

Today’s International Herald Tribune reports increasing tension between the Catholic church and Venezuelan President Hugo Chavez. A number of church leaders are concerned that Chavez’s socialist reforms will infringe free speech and religious education. Chavez, however, says, "Christianity is essentially socialist, so no one — no Christian, no Catholic — should be alarmed."

Controversial Utah Bill On Free Exercise Moves To Senate

Yesterday in Utah, the controversial Free Exercise of Religion Without Government Interference Bill (SB 111) was approved 4-2 by the state Senate Government Operations and Political Subdivisions Committee. Three newspapers today reported on the hearings: Deseret News, Salt Lake Tribune and Daily Herald.

SB 111 would prohibit any state or local governmental unit from substantially burdening religion, even through a neutral law of general applicability, unless the government shows a compelling interest and that it is using the least restrictive means to further that interest. (Suits by prison inmates are governed by a less restrictive standard.) The bill provides that a substantial burden can occur even though the belief or practice at issue is not a central part of a person’s religion. It authorizes injunctive and declaratory relief as well as the recovery of court costs and attorneys’ fees. Suits may be brought against the government or a government official in his or her official capacity, but not against a government official in his or her individual capacity. The law allows a substantial burden on religion to be asserted as a defense in a judicial or administrative proceeding

The bill’s sponsor, Sen. Chris Buttars, said that it will protect practices like the singing of Christmas carols on the steps of city hall, and Mormon students wearing T-shirts to school with the slogan “CTR” (Choose the Right). Utah’s Attorney General, however, raised concerns that the law would lead to increased litigation against the state. He said the bill might protect a student who wears a Satanic T-shirt to school by claiming to worship Satan. University officials are concerned that the bill might allow students to challenge a class offered at a time that conflicts with a religious holiday or their time of prayer.

En Banc Review Sought In 5th Circuit School Board Prayer Case

Yesterday, both sides filed motions asking the U.S. 5th Circuit Court of Appeals to grant en banc review of a 3-judge panel’s fragmented December decision in Doe v. Tangipahoa Parish School District. (See prior posting.) The three judge panel was unable to agree on whether the Lemon case or the Marsh (legislative prayer) case governed invocations at school board meetings. 2theadvocate reported today on these developments.

Parents Sue For Vaccination Exemption For Son

In Albany, New York, parents are suing to get their 5-year old son into elementary school, and are seeking $1 million in damages, claiming religious discrimination. Their son was refused admission to South Colonie School District's Saddlewood Elementary School on the grounds that he has not received routine immunizations. The child's mother is Catholic and father is Jewish. They say it is against their religious beliefs to permit their son to be vaccinated. New York law permits an exemption on religious grounds. However the state has refused them an exemption, saying their objection is personal and not religious. Their attorney says that the state is requiring the parents to belong to a church that forbids vaccination, and that this is imposing a religious test on them. The filing of the suit was covered today in the Albany Times Union and by WTEN News.

Pakistani Christian Released On Bond In Blasphemy Case

Journal Chretien yesterday reported that for the fist time ever in Pakistan, a defendant charged with blasphemy under Section 295B of the Pakistan Criminal Code has been released from jail on bond pending his trial. Shahid Masih, a 17-year old Christian, was arrested last September after he was accused of stealing a copy of the Quran and burning it. He was granted bail earlier this week. The Centre for Legal Aid, Assistance and Settlement says that the charges against Masih were fabricated. Masih has been taken to an undisclosed location because of fear for his and his family's safety.

Police Close Catholic Parish In India To Prevent Clashes Over Language For Mass

In southern India, police have closed down a Catholic parish because of physical clashes between two competing groups in the parish over the language that will be used to celebrate Mass. Indian Catholic reported yesterday that Kannada and Tamil Catholics from Mother of God Parish in Jakkalli (2200 km south of New Delhi) are involved in the dispute that has found its way into court as well.

Last July, the Diocese insisted that the parish follow the diocesan policy of conducting Sunday Masses only in Kannada, but with one reading and two hymns in Tamil. That led Tamils to boycott Mass and to file a lawsuit over the issue. On Dec. 13, a local court upheld their right to have Masses in Tamil and ordered the diocese not to interfere. This led the parish to resume its earlier practice of conducting the first Mass in Kannada and the second in Tamil. On Dec. 24 and 25, police were present at both Masses to keep order, but when they left youths from the two groups clashed.

Egyptian Blogger Goes To Trial For Insulting Islam

Yesterday in Egypt for the first time a blogger went on trial for insulting Islam in his online writings. The Associated Press reports that Abdel Kareem Nabil, a critic of conservative Muslims and especially of al-Azhar University, was charged with inciting sedition, insulting Islam, harming national unity and insulting the president of Egypt. Another blogger, Seif al-Islam, said the government was likely prosecuting Nabil as part of its "competition with the Muslim Brotherhood to show its Islamic credentials." The trial of Nabil whose Arabic language blog often criticized both Islamic authorities and Egyptian President Hosni Mubarak was adjourned until January 25 to give defense counsel time to review the indictment.

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."