Maine Proposes Accommodation of Native American Religious Practices In Prisons

Maine's Human Rights Act currently outlaws discrimination in employment, housing, public accommodation, credit and education opportunity. On Wednesday, the legislature's Joint Standing Committee on the Judiciary heard testimony on LD 507, a proposed amendment that would penalize failure to provide "reasonable accommodation of Native American religious practices or ceremonies" in state prisons and county jails. Yesterday's Bangor Daily News reports that Denise Lord, associate commissioner for the Department of Corrections, said that DOC supports the goals of the bill. She suggested, however, that it be placed in the statutes that govern DOC instead of in the Human Rights Law. She also suggested that the provision be broadened to apply to all religions. No one testified against the bill.

UPDATE: Sunday's Portland (ME) Press Herald reports on the continuing controversy at the Maine State Prison in Warren over whether the state has done enough to accommodate the religious practices of 18 Native American inmates.

Catholic Group Gets Mixed Result In Suit Against University of Wisconsin

Yesterday, a Wisconsin federal district judge ruled that the UW-Madison Roman Catholic Foundation was not entitled to recognition as a student organization by the University of Wisconsin because University rules require recognized groups to be directed and controlled by students. Only 3 of the Foundation 's 12 board members are students. This means that the group cannot get $250,000 in student fees that were to be used for prayer gatherings, events and classes in theology. According to a report published yesterday in The Chippewa, group spokesman Tim Kruse said the Foundation would consider adding more students to its board and continue seeking university recognition.

However, the Foundation did win a substantial victory in the lawsuit. Judge John Shabaz, in a ruling from the bench, ordered the University to stop applying its non-discrimination rules to religious groups. He ruled that the right to free association outweighs the state interest in non-discrimination, and that forcing a Catholic group to admit non-Catholics undermines the group's mission. (See prior related postings 1, 2, 3, 4.)

Appeal Argued In Case Of British Teacher Fired For Wearing Niqab

The London Employment Appeal Tribunal heard arguments Wednesday in an appeal by a British teacher who was fired last year for refusing to remove her full-face veil (niqab) while teaching children at Headfield Church of England Junior School in Dewsbury, West Yorkshire. (See prior posting.) This Is London reported yesterday on the hearing in the widely-followed case of 24-year old Muslim teaching assistant, Aishah Azmi. Her counsel argued that dismissing her was similar to barring a Christian from wearing a cross or attending Mass. School officials say students found it difficult to understand Azmi because they could not see her lips move.

California Board Wants Picture Of Sikh Leader Eliminated From Textbook

The California State Board of Education on Thursday voted to ask Oxford University Press to remove from a 7th grade history textbook a controversial picture of a Sikh religious leader. The book pictures Guru Nanak, the founder of Sikhism, wearing a crown and a close-cropped beard, while Sikh doctrine requires observant men to wear a turban and not shave. The picture was taken from a 19th century painting that Sikhs say make Nanak look like a Muslim. Reporting on the decision, yesterday's San Diego Tribune says that the Board also asked the publisher to cover the picture in books already printed, using a sticker with an explanation or an alternative picture. Sikh leaders would like future versions of the book to use an alternative picture of Nanak, rather than eliminating the picture, but they and the publisher cannot agree on an appropriate version.

Church Sues Arizona Town Over Signage Code

A small Presbyterian church yesterday filed suit in federal court against the town of Gilbert, Arizona challenging the town's sign ordinance as discriminatory. A release by the Alliance Defense Fund says that "according to the code, religious assembly signs are required to be smaller in size, fewer in number, and displayed for much less time than similar non-religious signs. Also, according to the ordinance, ideological signs and political signs--neither of which the code defines--are allowed to be posted without a permit, whereas a permit is required to post religious assembly signs."

The complaint (full text) alleges that the church interprets the Bible as requiring it to reach out to the community to advertise its services. The suit claims that the town, by limiting the number of hours during which signs advertising church's services can be displayed, violates the speech, religion, equal protection and due process clauses of the federal constitution and the Arizona Religious Freedom Amendment.

Muslim Student Sues Over Holding High School Graduation In Church

Last week, the ACLU of New Jersey filed suit against the Newark Public Schools on behalf of a Muslim student whose religious beliefs precluded him from attending his own graduation because it was held in a church building that the school had rented for the graduation ceremony. (Full text of complaint.) Graduate Bilal Shareef's religious beliefs prevented him from entering a building that displayed religious symbols pertaining to God. The Associated Press reported on the case yesterday, quoting ACLU's state legal director, Ed Barocas who said: "Schools should not sponsor activities that exclude some students from participation on the basis of religious belief."

The suit not only seeks to prevent West Side High School from holding future graduations in churches, it also seeks to prevent the school from sponsoring or promoting religious baccalaureate ceremonies. Plaintiff's challenges are based on Article I, paragraphs 3, 4, and 5, of the New Jersey Constitution and on New Jersey's civil rights and anti-discrimination laws.

Connecticut Supreme Court Hears Arguments In Buddhist Temple Case

On Tuesday, the Connecticut Supreme Court heard arguments in a case brought by the Cambodian Buddhist Society of Connecticut challenging Newtown's denial of a special permit so that the Society could build a temple on 10 acres of land it owns. The case was brought under RLUIPA and Connecticut's Religious Freedom Act. Yesterday's Hartford Courant reports that in the Superior Court decision being appealed, Judge Deborah Kochiss Frankel ruled that a number of reasons given by the Newtown Planning and Zoning Commission for the denial were unsubstantiated, but upheld the denial based on the PZC's concern that the Society had not yet obtained well and septic tank permits. (See prior related posting.)

3rd Circuit Rejects Free Exercise Collateral Challenge To Child Support Conviction

The U.S. 3rd Circuit Court of Appeals on Tuesday rejected the attempt of a defendant in a criminal case to collaterally challenge on Free Exercise clause grounds his conviction for willful failure to pay child support. In United States v. Kufkaka, (3d Cir., March 6, 2007), a divorced husband claimed that his indictment should be dismissed because the divorce decree containing his support obligation also included a requirement that he pay for a "get"-- a Jewish religious divorce decree. The court held that a federal prosecution under the Deadbeat Parents Act is not the appropriate arena in which to litigate the terms of the underlying divorce. The decision also upheld the constitutionality of the federal Deadbeat Parents Punishment Act under the commerce clause.

Leading Evangelical Finds Giuliani's Marital History A Problem

On Tuesday, Richard Land, head of public policy for the Southern Baptist Convention, told the Associated Press that while evangelicals might tolerate a divorced presidential candidate, Rudy Giuliani's marital history poses serious problems for them. Giuliani is currently married for a third time. Land said that Giuliani showed a lack of character during his divorce from his second wife, TV personality Donna Hanover. On the other hand, while another Republican presidential candidate, John McCain, has been married twice, Land said that war hero McCain has acknowledged his part in the failure of his first marriage.

Missouri Legislature Considering Faith-Based Liaison and Intellectual Diversity Bills

Today's St. Louis Jewish Light reports on two bills in the Missouri Legislature that raise church-state concerns. One, already approved by the state Senate, is the Faith-Based Organization Liaison Act (SB 46/ HB 888). It calls for the Social Services Department to appoint regional liaisons to promote the provision of community services by faith-based organizations and provide guidance to them on their rights and responsibilities under federal law.

The second bill (HB 213), approved by a House committee last month, is designed to promote "intellectual diversity" on state university campuses. It would require each state university to issue an annual report on how it promotes intellectual diversity and the free exchange of ideas. The report would need to include measures taken "to ensure that conflicts between personal beliefs and classroom assignments that may contradict such beliefs can be resolved in a manner that achieves educational objectives without requiring a student to act against his or her conscience."

9th Circuit Upholds City's Removal Of Anti-Gay Group's Flyer

Last Monday, the U.S. 9th Circuit Court of Appeals in Good News Employee Association v. Hicks, (9th Cir., March 5, 2007), in a short opinion upheld a district court's dismissal of a suit by two city employees who had formed a religious club to promote "natural family, marriage and family values" to counter a Gay and Lesbian Employees Association. Plaintiffs had complained that the city of Oakland, California had removed a flyer about the group that plaintiffs had posted at work. The court found that the city had legitimate administrative interests in taking down the flyer, and that those interests here outweighed employees' interest in freedom of speech. The Associated Press and the Oakland Tribune have reported on the case. [Thanks to How Appealing for the lead.]

Teacher Sues Saying School Thought She Was A Witch

An Associated Press story published today reports on the trial in a New York federal district court of a case brought by an elementary school teacher who claims that her born-again Christian principal denied her tenure because he decided that she was a witch. Teacher Lauren Berrios claims that principal Andrew Albano pressed his brand of Christianity on Hampton Bays (NY) elementary school. School officials deny that Berrios was fired because of a belief she was a witch. They say she did not get along with co-workers, had a condescending attitude and was reported to Child Protective Services after talking about imaginary injuries to her own son.

3rd Circuit Rejects Religious Objector's Refusal To Pay Income Taxes

On Tuesday, the U.S. 3rd Circuit Court of Appeals in Jenkins v. Commissioner of Internal Revenue Service, (3d Cir., March 6, 2007), rejected a taxpayer's claim that his religious objections to military activities and spending should permit him to withhold paying a portion of his federal income taxes. The court concluded that neither RFRA, the First Amendment nor the Ninth Amendment permits the avoidance of income taxes for religious reasons.

Court Rejects Amish Objections To Septic Tank Requirements

In Beechy v. Central Michigan District Health Department, 2007 U.S. Dist. LEXIS 15157 (ED MI, Feb. 20, 2007), a Michigan federal district court rejected a free exercise challenge by members of the Old Order Amish faith to a health ordinance prescribing the capacity of a septic tank that must be installed on their residential property. The court found that plaintiffs merely claim that their religious beliefs and practices lead to their not generating enough waste water to require the 750 gallon tank required by law. They do not claim that installing the larger tank actually interferes with their religious beliefs or practices. So their objection to the larger tank are based on secular concerns of cost, convenience and lack of need.

Policy On William & Mary Wren Chapel Cross Changed Again

Officials at the College of William and Mary are making a new attempt to resolve the bitter dispute over whether an historic cross will continue to be displayed in the state university's Wren Chapel. President Gene Nichol set off a storm of controversy when, in order to make the chapel more inviting to students of all religious faiths, he ordered the table cross to be removed from permanent display and-- under the most recent revision of the policy-- to be displayed only on Sundays or during Christian worship services. (See prior posting.) One donor revoked a $10 million pledge to the University in protest. Yesterday's Richmond Times-Dispatch reports that now President Nichol has endorsed the recommendation of a special study committee that he appointed. The Wren cross will now be permanently displayed in the chapel, but in a glass case with a plaque explaining the college's Anglican roots and its historic connection to Bruton Parish Church. Sacred objects of other religious traditions used by the campus community will also be able to be stored in the chapel. The Washington Times says that college officials hope this compromise will end the dispute.

John Edwards Gives Extensive Interview On His Views Of Relgion In Public Affairs

In the first of a series of interviews with Presidential candidates, BeliefNet carries a long interview with John Edwards covering a wide range of issues. Among Edwards' comments about his faith and the impact of religion on public affairs is the following:

Faith is not a political strategy, and should not be a political strategy. If it is being used as a tool to garner votes, to convince people they should support one political party or the other, I think that is a huge mistake. I believe with every fiber of my being that God is not a Democrat or a Republican and does not support either party.

If you're being asked about how you make decisions, what are the things that affect you when you make decisions, I think it's perfectly reasonable under those circumstances to give honest answers about your faith and how your faith affects your value system and what you believe and what you care about.

Army Medic Objector to War Gets Light Sentence In Court Martial

A U.S. Army medic who refused to be redeployed to Iraq because of his moral objections to war was convicted of desertion in a court martial in Wuerzburg, Germany on Tuesday. The courts had previously rejected the request of Specialist Agustin Aguayo to be classified as a conscientious objector, so he fled to his home rather than be redeployed. Three weeks later he turned himself in.

Even though he was convicted, the court imposed a light sentence. Aguayo was sentenced to 8 months in prison, reduced in rank to private, ordered to forfeit pay and was given a bad conduct discharge. However he could have been sentenced to 7 years in prison. The Associated Press yesterday reported that since Aguayo has already served 161 days in jail awaiting trial, his attorney expected that he would be released in about 6 weeks.

Priest Says Poverty Vow Precludes Recovery Against Him For Child Support

Yesterday's Oregonian reports that 83-year old James E. Jacobson, a retired Jesuit priest and former Oregon prison chaplain, is being sued by two men recently identified as his children. Jacobson fathered the children while working in Eskimo villages in Alaska beginning in the 1960's. They are attempting to collect as past child support part of the salary that Jacobson earned while working as a prison chaplain for 25 years. Jacobson says, however, that his vow of poverty precludes recovery against him. Jacobson cashed out his retirement benefits and transferred the proceeds to the Jesuits after the child support suit was filed against him.

Proposal Would Ban Politics On Religious Basis In Egypt

MWC News yesterday reported that proposed amendments to Egypt's Constitution will ban political activities based "on any religious reference or basis". The amendments are aimed at limiting the power of Egypt's Muslim Brotherhood. Currently Egypt prohibits the Muslim Brotherhood from forming a political party, but Brotherhood members can-- and do-- run as independents for Parliament. If enough Brotherhood members win seats in Parliament and local councils, they could run a presidential candidate.

Pennsylvania City Council Is Strong On Sectarian Prayer

Philadelphia Inquirer columnist Monica Kinney yesterday reported on a rather extreme example of sectarian prayer at meetings of the Coatesville, Pennsylvania City Council. Two of the council members are ministers. At the Feb. 12 meeting, one of them, Democrat Kurt Schenk, began the meeting with: "Holy Father, we commend this city into your hands." The other, Republican Council President Patsy Ray, said: "I am like Jesus, I'll stand!" and, "I will serve the people as my God." Schenk also says lawyers are helping him draft a Council resolution that will affirm City Council's belief in the power of prayer.