New Zealand Reaffirms Religious Diversity

New Zealand's Human Rights Commission yesterday released a statement on tolerance at an inter-faith forum. NZPA today reported that Destiny Church and Vision Network of evangelical churches expressed outrage that the statement says New Zealand has no state religion. Prime Minister Helen Clark said: "We are very diverse peoples these days we simply couldn't agree on a state religion."

UPDATE: Here is the full text of the Draft National Statement on Religious Diversity.

Recent Articles On Church-State, Law & Religion

From SSRN:
Juan Ferreiro Galguera , Cartoons Crisis, Religious Feelings and European Court of Human Rights (Las Caricaturas Sobre Mahoma Y La Jurisprudencia Del Tribunal Europeo De Los Derechos Humanos), (Revista Electrónica de Estudios Internacionales, Vol. 12, pp. 1-40, 2006).

Dawinder S. Sidhu & Neha Singh Gohil, The Sikh Turban: Post-9/11 Challenges to this Article of Faith, (February 12, 2007).

Timothy D. Lytton, Clergy Sexual Abuse Litigation: The Policymaking Role of Tort Law, (Connecticut Law Review, Vol. 39, No. 3, p. 809, 2007).

From SmartCILP:
Irina D. Manta, Missed Opportunities: How the Courts Struck Down the Florida School Voucher Program, 51 St. Louis University Law Journal 185-202 (2006).

Washington State's Religious Discrimination Complaints Grow

The Associated Press yesterday reported that religious employment discrimination complaints in Washington state have risen twice as fast as the national average. From 2002 to 2006, complaints in the state rose 60%, compared to a 30% rise nationwide. The increase is blamed on rising workplace tensions from the war in Iraq and increasing diversity in the population. While many of the complaints have come from Muslims, there are a growing number from Christians as well.

Religion Continues As An Issue For 2008 Presidential Race

Today's New York Times reprints this cartoon from the Tulsa World commenting on religion in the 2008 presidential race. In addition today's New York Times Magazine carries a piece by Gary Rosen titled Narrowing the Religion Gap?. He says that when one compares the presidential front runners-- Hillary Clinton, Barack Obama, John McCain and Rudy Giuliani-- we may have "a matchup between churchgoing Democrats and secular-minded Republicans."

Governmental Bodies In Israel Feud Over Conversion Standards

This week's Forward carries an article on the tensions between two different governmental bodies in Israel over permitting conversions to Judaism. The state-funded Institute for Jewish Studies that was formed in 1998 to break a deadlock between Orthodox and non-Orthodox Jewish concerns about conversions has stopped referring candidates to Israel's rabbinical courts for conversion until the chief rabbinate appoints new members to the Conversion Authority who will not impose such strict conditions for conversion. Rabbi Andrew Sacks of the Masorti (Conservative) Movement criticized current rabbinical court members, saying that they are imposing a new "Khomeinization of the process of conversion in Israel".

Appointment of new members of to conversion courts has been held up for months. Civil Service Commissioner Shmuel Hollander says this is because he has been under pressure to approve rabbinical court judges who do not meet statutory standards for appointment.

South Korea Debates Religion In Schools

In South Korea, where students are required to attend the school in the district where they live, regardless of whether it is public or private, the Ministry of Education and Human Resources Development is proposing that schools be required to offer more than one alternative to classes in religion. Faith-based private schools receive government funding. Yesterday, The Hankyoreh reported that the Ministry's proposal-- which is scaled down from an earlier draft-- is still controversial. Some say that students could still be forced to participate in religious ceremonies that are inconsistent with their beliefs, while religious schools oppose any regulation of religious education. Meanwhile, in a related case, a challenge to mandatory chapel attendance at religious universities is being considered by Korea's Constitutional Court.

California Defendants Can Refile RFRA Challenge To Marijuana Seizure

In Multidenominational Ministry of Cannabis and Rastafari, Inc. v. Gonzales, 2007 U.S. Dist. LEXIS 10727 (ND CA, Feb. 2, 2007), a number of individuals and a non-profit religious corporation sued federal, state and local officials seeking an injunction and declaratory judgment to prevent confiscation of marijuana plants grown on their property. Plaintiffs had lost challenges to prior seizures of marijuana. This suit was filed after the seizure of 11,500 marijuana plants in 2005. The court dismissed plaintiffs' claims under the First Amendment, the Religious Freedom Restoration Act, RLUIPA, and California's Compassionate Use Act. Some of the claims were dismissed on sovereign immunity grounds. Claims by the corporation were dismissed because, unlike the individual plaintiffs, it could not appear pro se. The court, however, refused to accept defendants' res judicata defense alleging that the claims could have been raised in prior litigation. The court found that the U.S. Supreme Court's O'Centro decision "shifted the legal terrain surrounding plaintiffs' suit, thereby warranting reexamination of the grounds for relief raised in plaintiffs' previous petition." While dismissing plaintiffs' current complaint as insufficient, it gave them the opportunity to file an amended RFRA complaint against the federal officials setting forth a proper prima facie case.

D.C. Circuit Upholds Denial of C.O. Status To Solider

In Aguayo v. Harvey, (D.C. Cir., Feb. 16, 2007), the U.S. Court of Appeals for the District of Columbia upheld the denial of conscientious objector status to a soldier who had applied for a discharge shortly before he was to be deployed to Iraq. The Court found that Department of the Army Conscientious Objector Review Board had adequate support in the record for its conclusion that "Aguayo lacked the 'religious foundation' or 'underpinning' required of conscientious objectors and had not adequately explained the source of his claimed beliefs; that [he] appeared to hold his beliefs prior to enlistment; and that the timing of [his] application was suspect." NBC5i reported on the decision yesterday. (See prior related posting, and links to legal documents in the case.)

Religious Discrimination Found In Refusal To Process Photos

In Santa Clara County, California last week, a Superior Court judge awarded $4000 in damages and $50,000 in attorney’s fees in a religious discrimination suit filed against a local camera store. The court also ordered the store to not discriminate against customers based on their religion or ancestry. The San Jose Mercury News reported yesterday that plaintiff Mitchell Cutler claimed he was discriminated against when the camera store owner refused to make enlargements of dozens of old photos taken in the early 20th century of Cutler’s relatives in Europe and pre-state Israel. Cutler had told store owner David Muston that the relatives in the photos were forced to flee to France after taking part in political and military activities in pre-state Israel. Muston said he assumed the individuals in the photos were Jewish terrorists and his refusal to enlarge the photos was his way of taking a stance against terrorism.

Protecting Native American Religious Sites OK Under Establishment Clause

In Mount Royal Joint Venture v. Kempthorne, (D.C. Cir., Feb. 16, 2007), the U.S. Court of Appeals for the D.C. Circuit rejected an Establishment Clause challenge to the Department of the Interior’s withdrawal of portions of the Sweet Grass Hills of Montana from mineral exploration. Plaintiffs’ claim was based on the fact that one of the articulated purposes of the withdrawal was to protect areas of traditional religious importance to Native Americans. Most of the court’s opinion dealt with challenges to the land management decision on other grounds.

Appeal Filed In Philly Gay Pride Protest Case

A notice of appeal to the U.S. 3rd Circuit Court of Appeals was filed last Tuesday in Startzell v. City of Philadelphia. (Alliance Defense Fund release.) Last month in the case, a Pennsylvania federal district court upheld the city of Philadelphia that had applied its permit requirements to prevent a group of evangelical Christians from disseminating anti-gay messages at a 2004 gay pride event. (See prior posting.)

NYPD Has Liaison To New York's Muslim Community

Yesterday's Canarsie Digest carries a story on Erhan Yildirim, whose job is community coordinator between the New York Police Department and the Muslim community. Employed directly under NYPD Commissioner Ray Kelly, Yildirim's job is to both explain Islam to the police and explain police practices to New York's Muslim community.

British Court Upholds Conviction For Sending Photos Of Fetus To Pharmacies

In Britain yesterday, the Queen's Bench Division of the High Court upheld the conviction of a Catholic grandmother who had been charged with violations of the Malicious Communications Act of 1988 for sending photos of an aborted fetus to three pharmacies that had begun to sell the "morning after" pill. One of the letters containing the photo was opened by a pharmacy employee whose relative had recently given birth to a still-born child. In Connolly v. Director of Public Prosecutions, [2007] EWHC 237 (Admin) (Feb. 15, 2007), the court found that the law's prohibition on sending an article that is indecent or grossly offensive in nature to someone else for the purpose of causing stress or anxiety had been violated.

It also held that applying the law in this way did not violate Art. 9 of the European Convention on Human Rights that protects the freedom to manifest one's religious beliefs "subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interest of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others." Christian Today reporting on the decision says that Mrs. Connolly has instructed her counsel to appeal the decision to the House of Lords. In comments to the press, she particularly reacted to a portion of the court's opinion that said: "A member of the Cabinet who spoke publicly in support of abortion and who received such photographs in his office in Westminster might well stand on a different footing..." Mrs. Connolly said: "on every moral issue which affects the public, it is everyone's democratic right to be able to obtain full information on which they can make an informed decision."

First Amendment Challenge To Denial of Immunization Exemption Moves Ahead

In Nagy v. Bayport Bluepoint Union Free School District, 2007 U.S. Dist. LEXIS 9809 (ED NY, Feb. 13, 2007), a New York federal district court permitted parents to move ahead with their First Amendment challenge to a school district's rejection of their application for an exemption from mandatory immunization requirements for their school-age daughter. However the court dismissed plaintiffs' equal protection and state law challenges to the refusal to grant an exemption.

Delaware Court Upholds Religious Discrimination Finding Against Department Store

A Delaware state Superior Court has upheld the finding of the state's Human Rights Commission that Boscov's-- a department store chain-- discriminated on religious grounds against two Christians, two Wiccans and a pagan when it cancelled classes they planned to offer as part of the store's October 2005 Campus of Classes. Yesterday's Wilmington News Journal reports on the case. Wednesday's court decision rejected the store's argument that sessions on tarot, talismans, candle magic and the pentagram were called off for lack of diversity. Instead the court affirmed findings of the Human Rights commission that the cancellation stemmed from complaints by members of Capitol Baptist Church. The church's pastor, William Jeffcoat, complained that some of the classes would be taught by practitioners of Wicca, which was "very, very dark".

Virginia Legislators Weigh In On Wm. & Mary Chapel Cross

The battle over how often a cross should be displayed in the chapel at the College of William and Mary continues (see prior posting)-- now in the Virginia legislature, according to yesterday's Virginia Informer. Delegate Robert Marshall, a Republican member of the Virginia General Assembly, this week introduced an amendment to the state budget bill that would have reduced the salary of William and Mary president Gene Nichol by 50% if the cross was not restored to the chapel by May 3. The proposal was defeated 36-58. Earlier, another Delegate introduced an amendment aimed at withholding funds from the school. It would have required that "any building interior or exterior change, alteration or modification shall be restored to its original state with 45 days." That provision was considered too vague, and was removed from consideration. However, the House of Delegates did pass, 83-14, a bill calling for a review board made up of college administrators, students, faculty and alumni to look into the issue. William and Mary president Gene Nichol has already appointed a 14-person committee to address the question of the role of religion at a public university, including the use of the historic Wren Chapel. (W&M News).

Iowa Legislators Disagree On Exemptions From Bullying Policies For Non-Public Schools

Last week (Radio Iowa, Feb. 8), the Iowa House of Representatives passed a bill to require schools to adopt policies to protect students against bullying on the basis of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status. However, administrators at religious schools raised objections that the bill could open them up to lawsuits if they teach that homosexuality is a sin. So the Iowa House approved an amendment providing that the bill is not intended to affect the way non-public schools teach about religious topics. The Senate however disagreed with this exception, and on Tuesday, by a vote of 36-14, approved a version of the bill without an exclusion for non-public schools. (SF 61). Reporting on developments, Wednesday's Sioux City Journal said that opponents of the House version were concerned that it suggested "that there is a double standard for nonpublic schools". They say the bill is about bullying, not about curriculum.

One Suit Filed, Another Settled, On Equal Use of Public Space By Religious Groups

On Tuesday of this week, Care and Share Ministry filed suit in federal district court in New Jersey (full text of complaint) challenging the policy of South Orange, New Jersey that opens the use of its Village Square for events by public and private non-religious groups, but denies use for events sponsored by religious organizations. (Alliance Defense Fund release.) Care and Share is a Christian group that is seeking to present a family-friendly show of music, skits and puppets. The Associated Press reported on the lawsuit yesterday.

Meanwhile, a suit filed last year against Idaho Springs, Colorado, challenging its refusal to permit use of city council chambers for religious events and meetings-- while permitting use by secular non-profit and community groups-- has been settled. Alliance Defense Fund announced yesterday that the city is building a new room in city hall that can be used by the public as a meeting room-- and there will be no discrimination against use by religious groups. The group sponsoring National Day of Prayer observances that instituted the complaint last year has already reserved the new room for this year's observance.

Utah Proposed Free Exercise Bill Pulled From Legislative Agenda

In Utah, state Sen. Chris Buttars has pulled back his proposed Free Exercise of Religion Without Government Interference bill. (See prior posting.) Today's Salt Lake Tribune says that the bill will be studied further before it is reintroduced. The University of Utah had expressed concern that the bill would open them to lawsuits by extreme religious groups. Buttars is seeking a bill that will allow students to wear clothing with religious messages and caroling groups to sing at city hall, but, the paper says, "he doesn't want to open the door to female genital mutilation or any other religious practice he considers extreme."

7th Circuit Upholds State School's Exclusion of Uninvited Evangelist

Yesterday, in Gilles v. Blanchard, (7th Cir., Feb. 14, 2007), the U.S. 7th Circuit Court of Appeals in an opinion by Judge Richard Posner upheld the refusal of a state university-- Indiana's Vincennes Univeristy-- to permit traveling campus evangelist James Gilles from preaching uninvited from the library lawn in the middle of campus. The opinion refused to invalidate the university's practice of limiting speeches on the lawn those that have been invited onto campus by a faculty member or student group.

Rejecting an analysis that would categorize the library lawn as a "limited public forum", Judge Posner wrote: "The issue more simply posed is whether a university should be able to bar uninvited speakers under a policy that by decentralizing the invitation process assures nondiscrimination, and a reasonable diversity of viewpoints consistent with the university’s autonomy and right of self-governance.... [T]he Constitution does not commit a university that allows a faculty member or student group to invite a professor of theology to give a talk on campus also to invite Brother Jim and anyone else who would like to use, however worthily, the university’s facilities as his soapbox." [Thanks to Alliance Alert for the lead.]