Russian Orthodox Church Increasingly Identified With Russian Government

This morning's Washington Post reports on the growing influence of the Orthodox Church in Russia. Followers of other religions, especially Muslims, are concerned about the increasingly close relationship between the Orthodox church and government. Some public entities are adopting Orthodox symbols, and the teaching of Orthodox culture has been mandated in some schools this year. (See prior posting.) Critics say this is turning Orthodoxy into a state religion. The Church is increasingly being identified with a patriotism that favors a strong centralized state, and the military is using Orthodoxy to build esprit de corps. The Church has canonized Fyodor Ushakov, an 18th-century naval commander, and the Navy has adopted him as a patron saint.

Proponents Say Proposed Hate Crimes Law Protects Free Speech

Proponents of H.R. 1592, the Local Law Enforcement Hate Crimes Prevention Act of 2007, say fears by Christians that the bill will restrict religious expression opposing homosexuality are misplaced. (See prior posting.) This was the thrust of House Judiciary Committee testimony on Tuesday by George Washington University Law Professor Frederick Lawrence, who said that the Act "is aimed at criminal acts, not expression or thoughts." To assure this, drafters have included a new provision in 18 USC Sec. 249(d):

In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.

The inclusion of this provision led to endorsement of the bill by the ACLU. Additional information on H.R. 1592 is collected at the website Civilrights.org. [Thanks to Michael Lieberman for the lead.]

2d Circuit Hears Oral Arguments In Muslim Border-Search Case

Yesterday, the U.S. Second Circuit Court of Appeals heard oral arguments in Tabbaa v. Chertoff, a case challenging the lengthy detention and search by border agents of a large group of Muslim Americans returning from the 2004 Reviving the Islamic Spirit Conference in Canada. The trial court dismissed plaintiffs' complaint. (See prior posting.) Yesterday's International Herald Tribune, reporting on the oral arguments, said that the panel of judges seemed unsympathetic to arguments by appellant's New York Civil Liberties Union lawyer that the travelers were unconstitutionally singled out because they were Muslim. Department of Justice attorney Lewis Yelin said that the government has now changed its procedures for mass inspections at the border so that a senior supervisor must be involved where a person is detained for more than two hours.

Developments in Portland and Spokane Catholic Church Bankruptcy Cases

On April 17, U.S. Bankruptcy Judge Elizabeth Perris formally approved the bankruptcy reorganization plan of the Archdiocese of Portland, Oregon. (See prior related posting.) In a surprise development, all remaining claims against the Archdiocese were settled as part of the reorganization plan, according to a Catholic News Service report yesterday. Checks will go out to priest sex-abuse victims next month, financed in part by a $40 million loan from Allied Irish Bank. No parish or school properties will be sold off to finance the $75 million total settlement. In mid-May the Archdiocese will open personnel files of accused clergy.

Also on April 17, parties in the bankruptcy reorganization proceeding of the Diocese of Spokane, Washington filed papers agreeing to a $48 million settlement of clergy sex abuse claims. It is expected that U.S. Bankruptcy Judge Patricia Williams will approve the settlement at an April 24 hearing.

Utah Court Dismisses Most Claims Against LDS Church Over Ordination Of Sons

In the Mormon Church, children at age 12 are generally receive priesthood ordinances. Michael Gulbraa, who had legal custody of his two sons-- improperly taken to Japan by his former wife-- asked the LDS Church not to proceed with the ceremony for his sons without his permission. The Church ignored his request and proceeded with the ceremony "for the children's benefit". The father sued for damages and injunctive relief.

In Gulbraa v. Corporation of the President of the Church of Jesus Christof Latter-day Saints, (UT Ct. App., April 19, 2007), a Utah Court of Appeals dismissed the father's claims for breach of contract, fraud, and negligent misrepresentation, and his request for injunctive relief. It said that adjudicating the claims would excessively entangle the court in the Church's religious operations, the interpretation of its teachings, the performance of its ceremonies, or the governance of its affairs. An award of damages would require the court to place a monetary value on participation in religious experiences. However, the court permitted the father to proceed with his claim for intentional infliction of emotional distress. Today's Salt Lake Tribune reports on the decision. (See prior related posting.)

British Employment Discrimination Amendment About To Become Effective

An amendment to the definition of "religion or belief" in Britain's Employment Equality (Religion or Belief) Regulations 2003 takes effect April 30, according to Workplace Law. The amendment changes "any religion, religious belief or similar philosophical belief" to "any religion, or religious or philosophical belief". The removal of the word "similar" raises the question of whether discrimination on the basis of political belief now falls under the anti-discrimination prohibitions.

Westboro Baptist Church Picketers Target Virginia Tech Funerals

The Topeka, Kansas based Westoboro Baptist Church, known for anti-gay protests at funerals of military personnel, posted a press release on its website Tuesday indicating that its members plan to picket memorial services for the 32 individuals killed at Virginia Tech on Monday. The release said in part: "WBC to picket memorial services for 32 students massacred at Virginia Tech—in religious protest and warning: God is punishing America for going the way of ancient Sodom and Gomorrah…." The only Virginia Tech victim currently on its website’s listing of upcoming picketing is the April 21 funeral of student Ryan Clark, which is scheduled to take place in Evans, Georgia. A number of states (overview), including Georgia (O.C.G.A. § 16-11-34.2), have enacted laws to restrict picketing at or near funerals. [Thanks to Towleroad blog for the lead.]

Officials Accommodate Religious Burial Needs Of Virginia Tech Victim

The blog Yeshiva World on Tuesday carried an interesting account of the accommodations made by Virginia state officials so that Professor Liviu Librescu, one of the victims of the Virginia Tech mass shooting, could be buried in accordance with Jewish law. Librescu was the Romanian-born Holocaust survivor who was shot while barring his classroom door to permit his students to escape. Rabbis in the United States, contacted by Librescu's family in Israel, told the Virginia medical examiner's office that autopsies were inconsistent with Jewish law. The medical examiner agreed to merely use x-rays and a minimally invasive procedure to remove bullets. Also Jewish funerals are generally conducted promptly after death. Bad weather prevented immediate flight of the body to New York for ritual handling before burial, so state police all along the route from New York to Virginia provided a police escort for the vehicle that drove to pick up the body. On Wednesday, President Bush specifically mentioned Librescu's courage during a presidential speech at the U.S. Holocaust Museum. [Thanks to Gerald Katzman for the lead.]

Some Amish Farmers Protest Wisconsin's New Cattle ID Requirements

Today's LaCrosse (WI) Tribune reports that some Amish farmers object on religious grounds to the state's new livestock premises identification requirements that are set to take effect on May 1. The objectors say that the Bible prohibits them from buying and selling animals that are numbered. They consider the IDs the "mark of the beast." The U.S. Department of Agriculture is promoting voluntary premises registration, but Wisconsin is the first state to mandate it. The state's Department of Agriculture, Trade & Consumer Protection board will meet Wednesday to discuss the problem. (See prior related posting.)

Christians Fear New Federal Hate Crimes Bill Will Stifle Their Religious Speech

On Tuesday, the U.S. House Judiciary Committee held hearings on H.R. 1592, the "Local Law Enforcement Hate Crimes Prevention Act of 2007". The Act, among other things, would expand the current hate crime ban to include crimes motivated by the victim's sexual orientation, gender, gender identity or disability. One of the witnesses testifying against the bill (text of statement) was Brad W. Dacus, President of the Pacific Justice Institute. He told the committee that there is an "alarming potential, as evidenced by actual cases and situations, for well intentioned hate crimes legislation to squelch free speech, particularly religious free speech." Yesterday's Christian Post expanded on that theme in an article that focused on concerns that the bill will prevent Christians from speaking out in opposition to homosexuality or disagreeing with another person's religion.

Meanwhile, today's Advocate reports that across from the capitol, hundreds of clergy from all over the country who support passage of the new hate crimes act joined in a rally. They were led by Bishop Carlton Pearson of Tulsa, Oklahoma.

Ghana EPA Targets Noise Pollution From Charismatic Churches

Ghana's Environmental Protection Agency has become concerned with the harmful effect of noise on health and hearing ability. Today's Accra Mail says one significant source of noise pollution that concerns EPA is Ghana's charismatic churches. Ten complaints have been filed so far this year against churches that play loud music, shout, sing loudly and dance all night. Threatening eventual court action, a senior EPA official said that instead of heeding EPA's directives, some of these churches' leaders call the EPA office to insult and curse officials while their "prayer warriors" pray in the background. April 16 was Noise Awareness Day in Ghana.

California's Proposed Student Civil Rights Act Gives Broad Definition to "Religion"

On Tuesday, the California Senate Judiciary Committee approved by a vote of 3-2 and sent to the full Senate for consideration SB 777, the California Student Civil Rights Act. Press attention has focused on the bill's prohibition against discrimination on the basis of sexual orientation or gender identity in schools receiving public funding or whose students receive student financial aid (Equality California press release). There is an exception for religiously-controlled schools where the requirements would be inconsistent with their religious tenets.

Another provision in the bill has gone largely unnoticed. While current California law prohibits religious discrimination in schools, SB 777 for the first time adds a broad definition of "religion" for this purpose. Proposed Sec. 212.3 of the Education Code provides that:

"'Religion" includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.

Reform Jews Charge Israel's Former Chief Rabbi With Libel

Yesterday in Israel, members of the Reform Jewish movement (including Holocaust survivors) filed a libel complaint with police officials against the country's former Sephardi Chief Rabbi, Mordechai Eliyahu. In a radio interview with the station Kol Haemet on the eve of Holocaust Memorial Day, Eliyahu blamed the creation of Reform Judaism in Germany for the death of 6 million Jews in the Holocaust. YNet News reports Eliyahu explained that while the victims were innocent, "the wrath of God does not distinguish between the righteous and the evil ones". Under Israeli law, a civil action cannot be filed against Eliyahu because his statements were made against an entire group, not one individual. Instead, a criminal complaint had to be filed with the police.

Illinois School's Ban On Anti-Gay Slogan Upheld

On Tuesday, an Illinois federal district court upheld a school's decision to limit the manner in which two evangelical Christian students could express their opposition to homosexuality as others in the school observed the "Day of Silence" to protest anti-gay discrimination. In Zamecnik v. Indian Prarie School District #204 Board of Education, (ND IL, April 17, 2007), the court refused to enjoin a Naperville, Illinois high school from banning T-shirts, buttons and stickers reading "Be Happy, Not Gay". The school took the position that positive statements, such as "Be Happy, Be Straight" would be permitted, but that negative statements violate school rules against derogatory or discriminatory statements against others. The Associated Press reported on the decision yesterday. [Thanks to How Appealing for posting the decision.]

Tajikistan Government's Enforcement Efforts Rile Muslims

In Tajikistan, officially a secular country with a population that is 90% Muslim, several developments indicate tensions between the government and Islam. Yesterday's International Herald Tribune reported that Tajik school authorities are introducing a new dress code that reinforces the ban on wearing the hijab (Islamic head scarf). Meanwhile, IRSN reports on a new enforcement effort aimed at unregistered mosques in the capital city of Dushanbe. The move is aimed at ridding the country of Muslim extremists, but it threatens to alienate moderate Muslims as well. Adding to the tensions was a raid in mid-March by police on Dushanbe's main mosque to enforce the requirement that children under 18 must be in school rather than attend Friday prayer services.

Minneapolis Airport Adopts Sanctions For Cabbies Refusing Service

On Monday, the Minneapolis-St. Paul Metropolitan Airports Commission formally adopted its staff's prior recommendation that a 30-day license suspension be imposed on any cab driver who refuses to transport a passenger for reasons other than safety concerns. A second offense would lead to a 2-year suspension. The new rules will primarily impact Muslim cab drivers who have refused to transport passengers carrying liquor. Developments are reported by yesterday's Minneapolis Star-Tribune. [Thanks to Blog from the Capital for the lead.]

EU Compromise On Religious Hatred Ban Reached

European Union justice ministers meeting in Luxembourg on Thursday gave in to Britain's objections and narrowed a proposed EU ban on incitement to religious hatred so that it will apply only if the incitement has racist intent. Reuters reports that this change assures that religion could still be criticized where the criticism is not racially motivated. However individual countries will still be permitted to punish religious hatred more broadly as well as to enforce individual laws against Holocaust denial.

UPDATE: A UPI report says that the EU's draft proposal has been worded so that it includes a ban on denying the Nazi Holocaust of World War II and the genocide in Rwanda in 1994. The European Jewish Press says that the proposal bans: "publicly condoning, denying, or grossly trivialising crimes of genocide, crimes against humanity and war crimes" as defined by international crime courts and in the charter of the Nuremberg court.

National Episcopal Church Gets Only Limited Intervention In Property Dispute

In Diocese of Central New York v. St. Andrews Episcopal Church, (NY S.Ct., April 10, 2007), a New York trial court permitted only limited intervention by the Domestic and Foreign Missionary Society of the Episcopal Church in a property dispute between a break-away Syracuse church and its parent Diocese. DFMS failed to demonstrate that it had a direct legal interest in the property of St. Andrews church. However it did show that there were common issues of law or fact in this case and DFMS's claim of an express or implied trust over the property of St. Andrews. In limiting the scope of the intervention, the court required that DFMS be represented by the same attorneys as are representing the Diocese and that DFMS may not conduct separate discovery without permission of the court. Transfigurations blog says that this is the first case in the country where the Episcopal Church was granted only limited participation in the litigation between a Diocese and a local parish.

City-Backed Financing For St. Louis U. Arena OK Under State Constitution

City-backed financing for St. Louis University's new basketball arena survived a state constitutional challenge yesterday as the Missouri Supreme Court held that the Jesuit-backed University is not "controlled by a religious creed" as that term is used in Art. IX, Sec. 8 of Missouri's constitution. In St. Louis University v. The Masonic Temple Association of St. Louis, (MO Sup. Ct., April 17, 2007), the court held that the constitutional ban on appropriating funds to support any educational institution controlled by any religious creed was not violated by the "tax increment financing" provided by the city of St. Louis. A mere historical link to a particular religion does not amount to control. Here, while the SLU's president is a Jesuit, "he is bound by the decisions of an independent, lay board of trustees". The religious component does not dictate the institution's oversight and administration. The court also rejected federal establishment clause challenges to the financing.

Judge Teitelman, dissenting, argued that a determination of religious control should be made only after the facts are developed at trial, rather than at the summary judgement stage as the majority does here. He also argued that, contrary to the majority's holding, an institution could be controlled by a religious creed even if proselytism is not one of its primary purposes. The Associated Press reported on the decision yesterday. (See prior related posting.)

10th Circuit Rules Largely In Favor of Summum "7 Aphorisms" Monuments

In decisions yesterday, the U.S. 10th Circuit Court of Appeals dealt with requests by members of the Summum faith that they be permitted to put up a display of their Seven Aphorisms in parks in two separate Utah cities. In each case, the city park already had a Ten Commandments display in it. Today's Salt Lake Tribune reports on the decisions.

In Summum v. Pleasant Grove City, (10th Cir., April 17, 2007), the court of appeals held that Summum was entitled to a preliminary injunction permitting it to erect its monument in a city park that already featured a number of displays relating to the city's pioneer history as well as a 10 Commandments monument donated by the Fraternal Order of Eagles. Holding that a park is a traditional public forum, the court rejected the city's attempt to restrict park monuments on the basis of their historical relevance to the city, saying that the city offered no reason why this was a "compelling" interest that would permit content based restrictions on monuments. While the city might create content-neutral restrictions on aesthetic grounds, it has not done so here.

The second case, Summum v. Duchesne City, (10th Cir., April 17, 2007), was more complicated. Here, apparently the only display already in the city's park was a 10 Commandments monument, and the city attempted to avoid Summum's request by transferring the land under the Ten Commandments display to a private party. Initially the land was transferred to the Lion's Club, and-- after questions were raised about the propriety of that transfer-- the land was re-transferred to private individuals. Also a fence was put up around the Ten Commandments with a sign saying that the land did not belong to the city. Summum requested transfer to it of a similar size piece of land in the park.

The court held that the issue here is not whether the city is endorsing the Ten Commandments in violation of the Establishment Clause, but rather whether the Ten Commandments monument remains a part of the park as a "public forum". Finding that the initial land transfer to the Lion's Club was invalid under state law because of lack of consideration and conflict of interest (the mayor was president of the Lion's Club), the court held that the land remained part of the public forum after that purported transfer. That being the case, the city needed a compelling interest to reject Summum's request to build its monument in the same public forum. It failed to demonstrate that interest.

The court then remanded the case to the trial court to determine if the second transfer of the property under the Ten Commandments to private parties was valid. After deciding that, the district court is to decide the "forum status" of the park and decide whether Summum is entitled to an injunction. (See prior related posting.)