French Paper Acquitted On Charges of Publishing Caricatures of Muhammad

A French court yesterday acquitted the satirical newspaper Charlie-Hebdo and its director, Philippe Val, of charges of "publicly abusing a group of people because of their religion" by publishing caricatures of the Prophet Muhammad. Several of the cartoons had first appeared in a Danish newspaper. The court ruled that Charlie-Hebdo had no intention of insulting the Muslim community with the caricatures. The Associated Press reported on the decision. (See prior related posting.)

Portland Archdiocese Bankruptcy Reorganization Moves Ahead

Portland, Oregon's Catholic Sentinel reports that parishioners in western Oregon will receive notice this week of a proposed settlement in a class action lawsuit over whether parishes, schools and certain funds are available to pay claims of the Catholic Archdiocese of Portland. The Notice (full text) says that in the settlement no property of schools or parishes will be used to pay debts of the Archdiocese. Parishes and schools will receive a discharge from all liabilities of the Archdiocese. Then the Archdiocese will restructure itself, Parishes and Schools into various charitable trusts or nonprofit religious corporations, separate from the reorganized Archdiocese. Property will be transferred among the new entities in a way that does not diminish the Archdiocese's ability to make payments under the plan of reorganization.

Vietnam Recognizes Baha'i and 3 Other Groups

Vietnam News Service yesterday reported that the Baha'i Community of Vietnam is celebrating its receipt last month of a certificate of operation from the Government's Committee for Religious Affairs. Three additional groups have also recently received certificates: "Four Debts of Gratitude"; "The Pure Land Buddhist Home-Practice Association"; and "The Vietnam Christian Religion Missionary Alliance". Previously six other religions had been recognized by the government: Buddhism; Catholicism; Protestantism; Cao Dai; Hoa Hao Buddhism; and Islam. Buddhism is the largest of these, with 10 million followers in the country.

Final Attempt To Overturn Britain's Sexual Orientation Regulations Loses

Yesterday, a final attempt to prevent Britain's Equality Act (Sexual Orientation) Regulations from going into effect was defeated in the House of Lords by a vote of 168 to 122. Christianity Today reports that the defeated motion put forward by Baroness O’Cathain, as 1000 Christians in support of the motion gathered outside Parliament in a prayer vigil. Following the vote, the Lawyers' Christian Fellowship issued a statement saying in part: "The result of the vote will mean that rather than balancing rights, the right to live a homosexual lifestyle will trump the right to live a Christian lifestyle." (See prior related posting.)

Taxpayer Challenge To Funding Faith-Based Marriage Counseling Group Dismissed

A federal district court in Washington state has dismissed a lawsuit brought by 13 Washington taxpayers alleging that federal grants made to the Northwest Marriage Institute were used to finance religious activities in violation of the Establishment Clause. In Christianson v. Leavitt, (WD WA), March 20, 2007) [available in PACER], the court found that capacity-building grants, and a grant to support a secular marriage workshop, met the requirements of the Lemon test-- and so there were no Establishment Clause violations present. Americans United for Separation of Church and State that represented plaintiffs issued a statement saying it was disappointed in the ruling, but that the court reaffirmed key principles of church-state separation. (See prior related posting.)

UPDATE: The full opinion is now available online, as is defendant's motion to dismiss, thanks to the Christian Newswire (CLS press release). [Thanks to Blog from the Capitol for the lead to this update.]

Jordan's Parliament Deletes Controversial Provision In Proposed Press Law

Playfuls today reports that both houses of Jordan's Parliament have voted to eliminate a provision in a new press and printing law that would have permitted imprisonment of journalists for "degradation, defamation, vilification or abuse of religion". The earlier version of the bill that contained the provision led met widespread objection. (See prior posting.)

Court Finds Cross On City Water Tower Unconstitutional

In American Atheists, Inc. v. City of Starke, Florida, 2007 U.S. Dist. LEXIS 19512 (MD FL, March 19, 2007), a Florida federal district court held that Starke, Florida's placement and maintenance of a lighted cross on the top of the city's water tower violates the Establishment Clause of the U.S. and Florida constitutions. The court held that the case was not moot even though the city had removed the cross. It granted plaintiffs' request for an injunction because it is not clear that city will not put the cross back up at a later date. Today's Gainesville (FL) Sun reports on the decision.

German Judge Cites Koran Verse In Denying Accelerated Divorce

Under German law, a person seeking a divorce must wait one year after separation from his or her spouse, except in cases of unreasonable hardship. Spiegel Online yesterday reported on a judge's decision in January holding that domestic violence and death threats by a husband against his wife did not meet the hardship criterion because the man and wife both have Moroccan backgrounds. In denying the accelerated divorce, the judge cited a passage in the Koran that some have interpreted as permitting a husband to beat his wife. The judge said: "The exercise of the right to castigate does not fulfill the hardship criteria as defined by Paragraph 1565 (of German federal law)." (Background on German divorce law.) However now that the wife's attorney has gone public about the case, a court in Frankfurt granted the wife's motion to disqualify the judge for conflict of interest.

UPDATE: In response to widespread criticism of the judge's decision to deny an accelerated divorce, the Court's vice president said that the judge "regrets that the impression arose that she approves of violence in marriage." (International Herald Tribune).

UPDATE: German lawyer Andreas Moser has posted more information on the case suggesting that the media have been exaggerating the holding. He says that the opinion focuses on whether the government will pay for counsel for the wife instead of requiring her to wait 2 more months to obtain her divorce after the 1-year waiting period. [Thanks to Dispatches from the Culture Wars for the lead.]

Father Sues LDS Church Over Ordination Of Sons

In Utah yesterday, a state court of appeals heard oral arguments in a case in which a father claimed that the Mormon church ordained his two sons without his permission. Yesterday's Salt Lake Tribune says that he sued after the LDS Church refuse to issue an apology. The case is part of a broader fight between the boys' father, Michael Gulbraa, and his former wife Etsuko Tanizaki Allred over custody of the two boys. Their mother had requested the ordinations in Japan where she had taken the boys, but at a time after the father had been awarded custody of them.

Catholic-Jewish Commission Speaks On Religious Freedom

Last week, the Holy See's Commission for Religious Relations with the Jews and the Chief Rabbinate of Israel's Delegation for Relations with the Catholic Church -- known as the Bilateral Commission-- met in Jerusalem. The topic for the meeting was "Freedom of Religion and Conscience and Its Limits." Zenit yesterday published the conclusions of the Commission's 3-day session. Here are some excerpts:

Even though the Enlightenment helped bring about a purification from the abuse of religion, secular society still requires religious foundations to sustain lasting moral values....

While on principle the state should not at all limit freedom of religion for individuals and communities nor of moral conscience, it has the responsibility to guarantee the wellbeing and security of society. Accordingly it is obliged to intervene wherever and whenever a threat is posed by the promotion, teaching or exercise of violence and specifically terrorism and psychological manipulation in the name of religion.

In addition to respecting the freedom of religious choices, the integrity of faith communities should also be guaranteed. Accordingly it is legitimate for a society with a predominant religious identity to preserve its character, as long as this does not limit the freedom of minority communities and individuals to profess their alternative religious commitments, nor to limit their full civil rights and status as citizens, individuals and communities....

[T]here is a special obligation upon religious leaders and communities to prevent the improper use of religion and to educate towards respect for diversity which is essential in order to ensure a healthy, stable and peaceful society.

NY Appellate Court Upholds Photographer's Rights Against Free Exercise Claim

Yesterday, a New York appellate court affirmed the dismissal of a free exercise claim in an unusual suit under New York's privacy law. In Nussenzweig v diCorcia, (NY App. Div., March 20, 2007), Erno Nussenzweig, a Hasidic Jew, sued Philip-Lorca DiCorcia, a professional photographer who took a series of photographs of persons passing through Times Square, including Nussenzweig. Then, without consent, DiCorcia used the photos in a gallery exhibition, and in a catalogue that was published to go along with the exhibit. Nussenzweig's religious beliefs -- in particular his interpretation of the second commandment against making graven images-- are violated by the use of the photo. (See prior posting.) In the appellate court, three of the five judges dismissed the claim on statute of limitations grounds. However, in a concurring opinion, Justices Tom and Malone also agreed with the lower court that the privacy act was not violated and that no free exercise claim was established because the photographer's conduct did not amount to state action. It rejected Nussenzweig's claim that the issuance of the trial court's decision protecting the photographer's free expression rights created the necessary state action.

EU Anniversary Statement Will Not Mention Religion

European Union officials are placing the final touches on a formal statement that will be issued to mark the 50th anniversary of the EU. Poland and some other predominately Catholic countries in Europe are distressed that the statement makes no mention of God or Christianity. Yesterday's Belfast Telegraph reported that the declaration will highlight EU achievements, values and future challenges. The omission of any religious reference is in deference to member states that are secular or that stress separation of church and state.

Santeria Priest Rejects Settlement Offer In RLUIPA Suit

The city of Euless, Texas has offered a compromise to settle a lawsuit under the Religious Land Use and Institutionalized Persons Act brought against it by a Santeria priest. (See prior posting.) Yesterday's Dallas Morning News reported that instead of totally prohibiting animal sacrifices, the city would permit the priest to kill chickens and hold weekly gatherings of up to 25 people at his home. However, the city would continue to prohibit the sacrifice of goats. That restriction has led Jose Merced to reject the city's offer. He says that using an animal with four legs is critical to his religious practices. Followers of Santeria believe that the energy in blood from animal sacrifice opens a channel of direct communication with orishas (spirits).

Philippines Mandates Moderate Muslim Curriculum

Reuters reports today that the Philippines government and some members of the Muslim community are taking steps to prevent Islamic militants from influencing young Muslims. The education department has introduced a new curriculum offering Arabic and Islamic studies to state schools in Muslim-dominated areas outside the southern island of Mindanao. Some 3 million Muslims live on Mindanao. Also nearly 1,000 privately-run madrasas around the country funded by communities or by donations from abroad are now required by the government to adopt a moderate curriculum for Islamic studies.

Amici Urge Application of RFRA to Gitmo

According to a release by the Baptist Joint Committee, seven religious organizations yesterday filed an amicus brief (full text) with the United States Court of Appeals for the D.C. Circuit in the case of Rasul v. Rumsfield. The brief argues that the Religious Freedom Restoration Act should be interpreted to apply to protect both detainees and service personnel at Guantanamo Bay. The case involves a series of claims by four British citizens, captured in Afghanistan and detained at Guantanamo, who say that they were repeatedly harassed on the basis of their Muslim faith. While dismissing their allegations of violations of international law and the Constitution, the lower court held that plaintiffs could proceed on their RFRA claims. Defendants, federal officials, appealed.

The organizations who joined in the brief are the Baptist Joint Committee, American Jewish Committee, National Association of Evangelicals, National Council of Churches of Christ in the USA, General Conference of Seventh-day Adventists, Presbyterian Church (USA) and the United States Conference of Catholic Bishops.

New Rabbinic Court Judges Appointed In Israel Amidst Controversy

In Israel yesterday, according to the Jerusalem Post, 15 new judges were appointed to vacancies in rabbinic courts amidst strong criticism by women's rights organizations who say the new judges will not be sympathetic to the problem of women whose husbands refuse to grant them a divorce. Twelve of the 15 new judges are haredi (ultra-Orthodox Jews). A modern Orthodox member of the selection committee and 2 members from the Israel bar association walked out of the meeting when the committee refused to appoint more non-haredi judges. Opponents blame Justice Minister Daniel Friedmann, saying that he could have suspended the meeting until a compromise was worked out. However, new appointment had already been delayed for 4 years as justice ministers have refrained from convening the selection committee because of political power struggles. Haaretz says that many of the 15 judges appointed are relatives of politicians, public figures or veteran rabbinic court judges, and only one has a background in law. (See prior related posting.)

NC Governments Respond To Requests For Non-Sectarian Invocations

Cities and counties in North Carolina struggle with policies on invocations at council meetings, after the ACLU sent letters to many of them urging them to eliminate sectarian prayer. Yadkin County officials have decided to move to non-sectarian prayers to open their board meetings according to today's Myrtle Beach Sun-News. County attorney James Graham says that residents probably will not notice the difference.

However in Thomasville, North Carolina, after heated debate, city council voted 6-1 last night for a policy that permits sectarian prayer. The Winston-Salem Journal reports that the new guidelines provide for council members to volunteer-- on a rotational basis-- to offer an invocation as a private citizen before council meetings formally begin. However the policy states: "No guidelines or limitations shall be issued regarding an invocation's content except that the Council shall request by the language of this policy that no prayer should proselytize or advance any faith, or disparage the religious faith or nonreligious views of others." Backers of the prayer policy say organizations like the ACLU want to strip Christians of their free speech. The Alliance Defense Fund has offered to defend the city in any challenge to its new policy.

Thailand Considering New Regulation Of Islamic Affairs

In Thailand, a 35-member security committee has drafted the Islamic Affairs Administration Draft Bill. The law will now be submitted to the cabinet for consideration. Today's Bangkok Post says that if enacted, the bill will replace the three existing laws. It will create a 31-member National Islamic Council to help oversee the selection of Islamic leaders. The Council will also consider and interpret controversial issues. Council members will be Islamic leaders and experts selected from registered Islamic religious schools around the country. Also, a state-run National Islamic Affairs Administration Office under the Prime Minister's Office, to oversee and promote Islam, will be created.

British Schools Will Be Permitted To Ban Niqab

Great Britain's Department for Education and Skills will issue Guidelines for schools that will permit a ban on Muslim girls wearing full face veils. BBC News today reported on the new Guidelines on uniforms that are expected after a school in Buckinghamshire won its attempt to ban a 12-year old girl from wearing a niqab. (See prior posting.) The Guidelines say that while efforts should be made to accommodate religious clothing, schools need to be able to identify pupils to maintain order and to identify intruders. Also a teacher may not be able to judge a student's engagement with learning if the student's face cannot be seen.

Utah Delays Decision On FLDS Law Enforcement Officers

Utah's Peace Officer Standards and Training Academy voted Monday to put off a determination of whether to remove certification of officers in the Colorado City, Arizona Town Marshal's office, who also patrol Hildale, Utah. (Decertification process.) The two towns are the home of members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, who engage in polygamy and arranged marriages. The Associated Press yesterday reported that Utah decided it would await the completion of an investigation being carried out by the Arizona Peace Officer Standards and Training Board. The investigation began after allegations that officers had were more loyal to the FLDS Church than to the civil law. Peter Stirba, an attorney for the marshals, says the officers could benefit from more training, but that the officers "support the law of the land and ... take their oaths of office seriously and sincerely."