Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, February 11, 2007
British Parents Protest Halal Menus In School
In Britain, a number of parents are protesting a primary school's attempt to accommodate religious needs of its growing Muslim student body. Kingsgate Primary in West Hampstead has begun serving only Halal meat in its lunch menus. The school's headmistress says that a majority of families support the move, but protesters say the school is forcing their children to to conform to "someone else's culture". Muslim parents say the protesters are guilty of racism. This Is London on Friday reported that Kingsgate is one of four schools in West Hampstead to institute halal-only menus.
Saturday, February 10, 2007
Lawyer Sanctioned For Frivolous RICO Claims Against Catholic Church
AM New York yesterday reported that federal district judge Paul A. Crotty imposed an $8000 fine on attorney John A. Aretakis for bringing a series of baseless lawsuits claiming that a cover-up of priest sexual abuse by leaders of the Roman Catholic Church amounted to a violation of the Racketeer Influenced and Corrupt Organizations statute (RICO). Aretkis claims there was nothing frivolous in his allegations of "an organized, institutional, long-ranging criminal conspiracy" by church officials who were trying to protect priests accused of abusing children. The Rule 11 sanctions came as part of a ruling Friday in which the court dismissed a racketeering lawsuit in which Newark, NJ priest, Robert Hoatson, claimed he was forced out of a parochial school job for criticizing the church's handling of abuse cases. If available, a RICO claim might be brought even though state statutes of limitations had expired.
O'Connor On 8th Circuit Panel Hearing Challenge To Faith-Based Prison Program
According to the Associated Press, retired U.S. Supreme Court Justice Sandra Day O'Connor will be one of the three judges on a panel of the U.S. 8th Circuit Court of Appeals next week that will hear the appeal in Americans United for Separation of Church and State v. Prison Fellowship Ministries, a case in which an Iowa district court held that InnerChange, a state-financed faith-based prison rehabilitation program, violates the Establishment Clause. (See prior posting.) The district court opinion being appealed mentioned Justice O'Connor four times in its 140 pages as it referred to church-state decisions that she authored.
Mandaeanism Threatened As Communities Are Forced From Iraq and Iran
An Associated Press story yesterday reported that one of the lesser-known casualties of the Iraq war is the disappearance of Mandaeanism, a 2000 year old religion that looks to John the Baptist as its great teacher. Only 5000 to 7000 or the original 60,000 Mandaeans remain in Iraq-- and they are in increasing danger of being killed. Many Mandaeans have fled to various parts of the world, including Jordan, Syria and the United States. Mandaean communities have been set up around New York and Detroit. Driven from both Iraq and Iran, many Mandaeans have become successful in their diaspora. However the religion's few dozen priests that are left have failed to agree on how to bring children of mixed marriages into the faith. This creates concern that the religion may not survive
Friday, February 09, 2007
University of Georgia Will Permit Religious Membership Limits In Student Groups
Yesterday, the University of Georgia approved a policy that will permit faith-based student organizations to restrict membership to students of the same faith and still qualify for state funds and other support from the university's Campus Life office. Online Athens reports today that this is likely to lead to the dropping of a lawsuit that had been filed against the University by the student group Beta Upsilon Chi, also known as Brothers Under Christ. (See prior posting.)
Minnesota Ends Funding Of Faith-Based Pre-Release Program
The Minnesota Department of Corrections is ending its $100,000 per year subsidy to the faith-based InnerChange prisoner pre-release program. Today's St. Paul Pioneer Press reports that the policy change was motivated by budgetary, rather than church-state, concerns. Department of Corrections Commissioner Joan Fabian said that after the state had negotiated its second 2-year contract with the group, she found out that InnerChange was operating in Texas prisons without charge. Apparently one of InnerChange's board members has told Fabian that it would operate free of charge in Minnesota as well. Iowa's InnerChange program was struck down by a federal district court, and the appeal of that decision is to be argued next week in the U.S. 8th Circuit Court of Appeals. However Minnesota contends that its program is sufficiently different that it would survive constitutional challenge.
Homeless Street Preacher Charged With Trespass
Today's Palm Beach Post reports on the latest trespassing arrest of Michaelene Cooney, a homeless street preacher. Her latest of 18 trespassing arrests occurred after she insisted on preaching under the archway at the Palm Beach County, Florida, Courthouse instead of moving onto the sidewalk. Judge Barry Cohen released her on her own recognizance and set a trial date of March 12. He said, however, that even if convicted she would not go to jail. Cohen announced, "I don't want her housed in jail. She's not a criminal". He also said that eliminating the possibility of jail time means that she will not be entitled to a public defender and will not tie up resources.
Sex-Segregated Busses In Israeli Haredi Neighborhoods Challenged
In Israel last week, Naomi Ragen, an Orthodox Jew and a feminist author, filed a lawsuit against the Ministry of Transportation and the Egged Bus Cooperative that operates most public bus lines. The suit seeks an end to the 30 sex-segregated bus routes in which women are required to sit at the back of buses. The controversial bus routes were begun 10 years ago as a concession to ultra-Orthodox Jews who threatened to boycott buses otherwise. the lawsuit claims that Ragen and four other women were verbally harassed and in some cases physically beaten by Orthodox men on the buses when the women refused to comply with seating requirements. Middle East Online, reporting on this today, also says that in recent months, some Haredi (ultra-Orthodox) men in religious neighborhoods at Jerusalem's northern edge have run "modesty patrols" that splattered bleach on women they consider dressed immodestly.
California Episcopal Diocese Precluded From Raising New Claim Against Break-Away Church
In San Diego, California, a state Superior Court judge ruled last week that the Episcopal Diocese of San Diego could not amend its lawsuit to assert a new claim that it in fact owns the property on which the break-away congregation, St. John's Anglican Church, worships. The North County Times last week reported on the court's ruling that the case had ended with the court's decision last November invalidating a purported election of a new board loyal to the Diocese.
Christian Exodus Group To Focus On One South Carolina County
Christian Exodus is a group of conservative Christians that is trying to encourage like-minded people to move to South Carolina in order to attain political power and transform government to reflect Christian values. (See prior posting.) The Associated Press reported yesterday that the group has now decided to focus on Anderson County for the next few years in order to speed up a show of results. Since the group began 4 years ago, only 15 families have actually moved to South Carolina. Christian Exodus founder Cory Burnell says that with as few as 100 activists they could have an impact in one county. Rick Adkins, chairman of the Anderson County Republican Party, said he thinks the group could win a County Council seat by 2008. Among the positions advocated by Christian Exodus is that the 14th Amendment was illegally ratified.
West Virginia Considering Moment of Silence For Schools
Joe DeLong, Democratic majority leader in the West Virginia House of Representatives, has introduced legislation to provide for a "moment of silence" in public schools. The Wheeling News Register yesterday says that the language of the bill is modeled on one enacted by Virginia in 2000. DeLong says that a moment of silence would eliminate the "feeling of uncomfortability for those who would choose to pray anyway."
Pakistani Seminary Students Protest Eviction of Mosques and Seminaries
The Associated Press reported yesterday on an unusual protest in Islamabad, Pakistan by 200 female seminary students wearing burqas and carrying canes. Government authorities have begun to demolish more than 84 mosques and seminaries built without permission on state land. The protest is supported by Abdul Rashid Ghazi, a prominent critic of Pakistan's support for the war on terror led by the United States. Pakistan's President Gen. Pervez Musharraf has said that mosques or madrassas in "encroached areas" would be relocated, and that the government will "move against" extremists at mosques who promote hatred and encourage suicide bombers.
Thursday, February 08, 2007
New Passport Rules Pose Problems For Amish
Yesterday's Lancaster (PA) New Era reports on problems that new passport rules pose for members of the Amish faith who object on religious grounds to being photographed. Many Amish travel to Mexico or Canada for less expensive health care. Rules implementing the Intelligence Reform and Terrorism Prevention Act of 2004 require that air travellers from Mexico and Canada carry a passport, and the requirement will apply to those who travel by land and sea beginning in 2008. U.S. Rep. Joseph Pitts, trying to help the Amish resolve their problem, says he is exploring whether a fingerprint or retinal scan could be used instead of a passport photo.
New Survey Of Physician Views On Conscientious Objection
Today's issue of the New England Journal of Medicine carries a special article titled Religion, Conscience, and Controversial Clinical Practices. It reports on a survey of 1144 practicing U.S. physicians regarding their views on situations in which patients request a legal medical procedure to which the physician objects on moral grounds. The study concluded that "most physicians believe that it is ethically permissible for doctors to explain their moral objections to patients (63%). Most also believe that physicians are obligated to present all options (86%) and to refer the patient to another clinician who does not object to the requested procedure (71%).... [However] many physicians do not consider themselves obligated to disclose information about or refer patients for legal but morally controversial medical procedures. Patients who want information about and access to such procedures may need to inquire proactively to determine whether their physicians would accommodate such requests." Today's Chicago Tribune reports on the study.
ACLU Challenges Florida County 10 Commandments
As previously reported, groups objecting to the new 10 Commandments monument placed on the Dixie County, Florida courthouse steps have had difficulty finding a plaintiff to file suit. Yesterday, however, the ACLU of Florida has announced that it has filed a federal lawsuit challenging the 6-ton granite monument (photo). The complaint (full text) alleges that the suit is brought by the ACLU and that at least one of its members has been harmed by unwelcome contact with the Display resulting from the need to use county facilities available only at the courthouse. Yesterday's St. Petersburg Times reports on the case, as does the Associated Press. Florida ACLU Executive Director Howard Simon says the lawsuit is likely to be very unpopular in Dixie County. Brian Rooney, a spokesman for the Thomas More Law Center that has offered to represent the County without charge, says that it questions the failure of the lawsuit to name an individual as plaintiff along with the ACLU. There may not be a true case or controversy present.
School Argues For Dismissal Of Challenge To School Discussion Of Gay Families
The Associated Press reported on a hearing yesterday in a Boston courtroom in which Lexington, Massachusetts school officials argued for dismissal of a case challenging the school's use of books in kindergarten that portray same sex couples. Two sets of parents who sued argue that the school has violated their right to teach their own morals to their children by refusing to notify parents before homosexuality is discussed in their children's classroom. They want to be able to remove their children from class discussions that violate their religious beliefs. The suits were triggered by a book portraying a gay family, and the reading of the fairy tale "King and King" that portrays two princes falling in love.
UPDATE: On Feb. 23, a federal judge dismissed the case saying that parents' free exercise rights are not violated when their children are exposed to contrary ideas in school. (AP).
UPDATE: On Feb. 23, a federal judge dismissed the case saying that parents' free exercise rights are not violated when their children are exposed to contrary ideas in school. (AP).
Muslim Teacher Harassed On Religious Grounds By Oklahoma Police
Little Rock (AK) THV News reports that a Little Rock kindergarten teacher, Nadiah Yusuf, has received an apology from the town of Webbers Falls, Oklahoma for the religious harassment to which she was subjected last November by two of the town's police officers. When Yusuf, on her way home from a teacher's conference in Tulsa, was pulled over for speeding, the officers-- seeing she was hearing a headscarf-- asked her if she knew the person who flew the plane into the World Trade Center. They also asked her why she was not a Christian, made her explain her religious beliefs and asked her if she had a copy of the Koran in her car. They detained her for over an hour searching her belongings for knives, guns or explosives. The town has fired one of the officers and demoted the other. Yusuf says both officers should be fired, and may sue if they are not.
Lawyers Argue Prisoner RLUIPA Case Before 1st Circuit
The Associated Press reported on yesterday's oral arguments before the U.S. 1st Circuit Court of Appeals in Spratt v. Wall, a case arising under the Religious Land Use and Institutionalized Persons Act. (See prior posting.) At issue is whether the warden at a Rhode Island prison was justified in prohibiting convicted killer Wesley Spratt from preaching to fellow inmates in a maximum security unit of the prison. Spratt believes he has been called upon by God to preach to other Christians and preached to an inmate congregation at weekly services in the prison chapel or dining room before a new warden stopped the practice. The state argued that prison was entitled to act pre-emptively to prevent potential security risks.
Christian British Docs Want Exemption From New Rules On Gay Adoptions
In Britain, it is not only Catholic social service agencies that are seeking an exemption from new regulations under the Equality Act-- scheduled to take effect in April-- that prohibit discrimination against gay and lesbian couples who wish to adopt a child. (See prior posting.) Christian Today reports that a Christian doctor who is a medical advisor to a local adoption agency has asked the government to give physicians an opt-out on moral grounds when they are asked to provide a reference to gay couples seeking to adopt. Dr. John Lockley from Bedfordshire says that physicians are often called upon to conduct medical exams of potential adoptive parents and to give a recommendation as to their suitability as adoptive parents. He says that without an exemption, he could be subject to disciplinary action by the adoption agency, or even by the General Medical Council, if he refuses on conscientious grounds to give positive references for same-sex couples.
Trial Begins In Palm Beach Church's Attempt To Keep Open As Homeless Shelter
The South Florida Sun-Sentinel reports on testimony in yesterday's the trial of a civil lawsuit filed by Palm Beach County's Westgate Tabernacle Church that is fighting county efforts to close down its operations as a homeless shelter. (See prior posting.) Westgate claims that the county is violating its religious freedom when it interferes with its housing the homeless. County Commissioners disagreed in their testimony as to whether Palm Beach County currently has sufficient shelter spaces for the homeless. Many of the homeless people served by Westgate attended the trial.
UPDATE: Saturday's South Florida Sun-Sentinel reports that the jury in the state court trial has returned a verdict, finding that the county did not interfere with Westgate Tabernacle Church's religious freedom to shelter the homeless. It did, however, find that a substantial burden was placed on the religious exercise of Bishop Avis Hill, but that the Florida Religious Freedom Restoration Act (RFRA) was not violated because the regulations were the least restrictive means to insure public safety. Rev. Alan Clapsaddle and Westgate's attorney Barry Silver said they would seek a new trial or would appeal on the grounds that the court misinterpreted provisions of RLUIPA and Florida's RFRA.
UPDATE: Saturday's South Florida Sun-Sentinel reports that the jury in the state court trial has returned a verdict, finding that the county did not interfere with Westgate Tabernacle Church's religious freedom to shelter the homeless. It did, however, find that a substantial burden was placed on the religious exercise of Bishop Avis Hill, but that the Florida Religious Freedom Restoration Act (RFRA) was not violated because the regulations were the least restrictive means to insure public safety. Rev. Alan Clapsaddle and Westgate's attorney Barry Silver said they would seek a new trial or would appeal on the grounds that the court misinterpreted provisions of RLUIPA and Florida's RFRA.
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