Pastor Sentenced By Uzbeki Court For Illegal Religious Activity

Last Friday in the city of Andijan in Uzbekistan, Protestant pastor Dmitry Shestakov was sentenced to four years' exile inside the country for his religious activity, according to a report from Forum 18. Shestakov was charged with three Criminal Code violations: illegal organization of social or religious organizations (Art. 216); inciting ethnic, racial or religious hatred (Art. 156, pt. 2); and distributing materials containing ideas of religious extremism (Art. 244-1, pt. 2). However two of the three charges were withdrawn during the trial. The prosecutor has asked that a 5 year prison sentence be imposed. Shestakov's friends say that there were a number of irregularities in the trial.

Recent Scholarly Articles On Church-State Issues

From Bepress:
Marc L. Roark, Reading Mohammed in Charleston: Assessing the U.S. Courts Approach to the Convergence of Law, Religion and Commerce, (March 2007).

From SmartCILP:
Sherman A. Jackson, Legal Pluralism Between Islam and the Nation-State: Romantic Medievalism or Pragmatic Modernity?, 30 Fordham International Law Journal 158-176(2006).

Jeremy Patrick, Church, State, and Charter: Canada's Hidden Establishment Clause, 14 Tulsa Journal of Comparative & International Law 25-52 (2006).

Meghan J. Ryan, Can the IRS Silence Religious Organizations?, 40 Indiana Law Review 73-96 (2007).

Ohio's Faith-Based Office Under Investgation By New Governor

Ohio Governor Ted Strickland has asked the state's Inspector General to investigate how the Governor's Office on Faith-Based and Community Initiatives (OFBCI) is being administered, and has asked the Department of Job and Family Services to audit OFBCI's finances. Yesterday's Dayton Daily News reports that under former Governor Bob Taft, OFBCI may have misspent some of its $22 million budget that was supposed to go to small churches and community organizations helping the needy. Funds went instead for downtown parking spaces and large screen televisions. Also, OFBCI paid rent for We Care America, a contractor hired to help oversee grants. We Care America in turn paid for a subcontractor who, along with Baylor University Professor Byron Johnson, wrote a report praising Ohio's faith-based office as one of the best in the country. Gov. Strickland, a Democrat who was elected last November, recently replaced the OFBCI staff and ordered a hold on new contracts until all existing programs are reviewed.

Navy Officer Suspended Over Charges Of Anti-Semitism

The Navy has relieved Lt. Cmdr. John Sharpe of his assignment as public affairs officer on the aircraft carrier Carl Vinson while it investigates charges that he heads two anti-Semitic groups. The Virginian-Pilot reported yesterday that Sharpe leads the Legion of St. Louis and IHS Press. Sharpe said he founded the Legion seven years ago as a Web-based forum for discussing Catholicism and contemporary social and economic issues, but the forum is now inactive. The Legion's website says the Legion's goals include combating "the Judeo-Masonic tendencies of the modern social order." Sharpe says that secularist thinking by "liberal Jewish" groups and Freemasons keep "political and social life very separate and distinct from any faith-based approach." Navy regulations prohibit personnel from participating "in any organization that espouses supremacist causes."

Kentucky Honors Controversial Chaplain As He Plans US Tour

Former Navy Chaplain Gordon James Klingenschmitt-- dismissed from the armed services in a battle over the right to pray in Jesus name at military events-- is planning a 50-state tour to pray "in Jesus' name" at every state Legislature. Apparently the plan was inspired by last week's events in Kentucky where, according to WorldNetDaily yesterday, Klingenschmitt was commissioned by the governor of as an honorary "Kentucky Colonel." Klingenschmitt then prayed "in Jesus' name" on the floor of the Kentucky Legislature, and the state's House of Representatives unanimously passed a resolution honoring "Chaplain Gordon James Klingenschmitt for service to God, country, and the Commonwealth of Kentucky."

Georgia State Board Moves To Allow Bible History Courses

The Georgia State Board of Education last Thursday preliminarily approved two classes on the Bible as part of the curriculum for public schools for next year. If the Board gives final approval to the list, the state's 180 school systems will have the option of offering courses in Literature and History of the Old Testament Era, and Literature and History of the New Testament Era. The Associated Press reports that the Board's decision follows legislation enacted last year by the Georgia legislature permitting these courses. (See prior posting.)

Alternative To 10 Commandments Monument Proposed In Fargo, ND

In Fargo, North Dakota, the Red River Freethinkers plans to ask City Commission later this month for permission to place its own monument near City Hall. Several Freethinkers members lost a suit in 2005 that challenged the constitutionality of a Ten Commandments monument in the same area. They now want their alternative monument to give the message that individuals have the right to worship as they please. It will specifically refer to a 1796 peace treaty between the United States and Tripoli, that says the government of the United States "is not in any sense founded on the Christian religion." The Fargo Forum today reports that city commissioners differ among themselves on the proposal.

Approval Of Class Settlement By Diocese Must Await Further Investigation

In St. George, South Carolina, a state circuit judge on Friday refused to approve a proposed settlement of a class action that had been brought against the Catholic Diocese of Charleston by victims of priest sexual abuse. Instead, Judge Diane Goodstein ordered an investigation of whether the Diocese archives contain evidence of additional cases of abuse. Reporting on developments, the Charleston (SC) Post and Courier today says that the Diocese will cooperate fully in the investigation. Diocese lawyer Peter Shahid Jr. says the ordered investigation is likely merely a formality.

Free Exercise Defense Rejected In False Charitable Exemption Prosecution

In United States v. Mubayyid, 2007 U.S. Dist. LEXIS 16556 (D MA, March 8, 2007), a Massachusetts federal district court refused to dismiss an indictment of two men charged with fraudulently obtaining a charitable exemption under § 501(c)(3) of the Internal Revenue Code for Care International, Inc. Prosecutors allege that defendants concealed the fact that Care financed and promoted Islamic holy war (jihad) and holy warriors (mujahideen). Rejecting defendants' free exercise of religion claims, the court said that it saw "no reason why providing a complete and truthful description of the organization's planned activities in order to obtain tax-exempt status--whether or not those activities are religiously motivated--inhibits or substantially burdens the exercise of religious freedom."

Kazakh Women Can Now Wear Hijab for ID Photos

Radio Free Europe reports that in Kazakhstan, Muslim women last month won a victory permitting them to accommodate their religious beliefs. The country's Justice Ministry announced that it will no longer enforce a regulation that barred women from wearing any head covering -- including the traditional Islamic hijab (head scarf) -- when their official photos are taken for identification cards or passports.

Ontario MP Seeks Non-Denominational Chapel In Parliament Building

A column published in Thursday's Orangeville (Ontario) Citizen says that Cheri DiNovo, a New Democrat member of Ontario's Parliament who is also a United Church minister, plans to introduce a resolution to require the legislature of the Canadian province to set aside a room in its main building for staff and visitors of all faiths to use for prayer or meditation. Columnist Eric Dowd says: "The legislature still starts each day's proceedings with The Lord's Prayer and a second prayer asking 'God, our Heavenly Father' to guide MPPs, but there is increasing recognition that these are essentially Christian in a province that's growing less Christian. Few MPPs arrive in time for them, anyway."

Russian Student Sentenced For Sending Anti-Semitic Text Messages

In Russia last Monday, a Moscow court sentenced a 22-year old law student to 150 hours of public service for sending anti-Semitic text messages that were broadcast by a local television station last May as part of a broadcast celebrating Victory Day. UCSJ reported on Friday that Moscow's Regional Prosecutor has labelled the messages "an affront to the national dignity of representatives of the Jewish ethnicity and non-Russians as a whole."

Executive Order Gives Vatican's UN Personnel Diplomatic Immunity

Acting under the Department of State Authorities Act of 2006 that was passed by Congress last December (see prior posting), President Bush last Wednesday issued an Executive Order to "extend to the Permanent Observer Mission of the Holy See to the United Nations in New York, and to its members, the privileges and immunities enjoyed by the diplomatic missions of member states to the United Nations, and members of such missions, subject to corresponding conditions and obligations." Reporting on the Executive Order, Catholic News Service explained that special legislation was needed since the Holy See is not a member of the United Nations, but instead has quasi-diplomatic permanent observer status.

En Banc Rehearing Denied By 9th Circuit In Library Meeting Room Case

Yesterday, by a vote of all the non-recused active judges on the circuit bench, the U.S. 9th Circuit Court of Appeals denied an en banc rehearing in Faith Center Church Evangelistic Ministries v. Glover, (9th Cir., March 9, 2007). Last September in the case, a 3-judge panel, by a vote of 2-1, decided that a Contra Costa County public library could make its meeting room available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". Yesterday, seven judges dissented from the denial of the rehearing in an opinion written by Judge Bybee. They argued that "the majority has effectively relegated religious worship to an inferior status vis-à-vis community and cultural speech that claims a secular component." They contended that by distinguishing religious worship from other kinds of religious discussions, the library's rule favors those religious groups that make moral teaching an integral part of their worship services, while denying use of the meeting room to liturgical denominations whose services can be characterized as "mere worship". Yesterday's Contra Costa Times reported on the decision.

School Will Now Allow Religious Ads In Yearbook

The Contra Costa (CA) Times reported yesterday that California's Liberty Union High School District has changed its policy and will not screen out religious references in paid ads in Liberty High School's yearbook. The change resulted from complaints by the Pacific Justice Institute on behalf of parents Jeff and Julie Renner whose ad congratulating their son on his upcoming graduation was changed by editors. The sentence "May God bless your life" was going to be run as "May He bless your life". After charges that this violated free speech rights, the school has decided to pay the publisher $8,000 to restore all edited ads to their original forms. The yearbook staff had removed any mention of God, Jesus Christ, holy or other religious words or passages. The staff also edits out any references in ads to violence, gangs, drugs and alcohol. Yearbook advisor, Lloyd Cornwell, however says that "the yearbook is not your soapbox to preach what you believe. It's a student decision." He says that next year, advertisers will be given a choice of six ads with messages in them, and at least one will have a spiritual tone.

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.