Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, May 04, 2007
Israeli Lawyer Sues To Open Rabbinical Court Staff Employment To Women
Catholic Group's Suit Against University of Wisconsin Settled
In yesterday's settlement (full text of court order), reported by the Badger Herald, and by the Chippewa, the Foundation agreed to reorganize to separate St. Paul’s University Catholic Parish from the University's Catholic student group. The University will recognize the separate student group, RCF-UWM, as a student organization. RCF-UWM agreed, however, that it would not seek funding from student fees for Masses, weddings, funerals or other events "requiring the direct control of ordained clergy." In exchange, University Chancellor John Wiley agreed to include $253,274 in student fee funding for the group in his recommended budget for next year. As part of the settlement, the court vacated its preliminary injunction orders issued in March and dismissed plaintiff's complaint.
White House Threatens Veto Of Hate Crimes Bill, But Not On Religious Expression Grounds
Conservative Christian groups have opposed the bill, claiming that it would infringe their right to religious expression. Presumably they are concerned that preaching about the sinfulness of homosexuality could lead to prosecution, particularly if someone is inspired to commit violence by a denouncement of gays and lesbians. The bill's proponents argue that it contains extensive provisions assuring that prosecutions will target criminal acts, not expressions of belief. (See prior postings 1, 2, 3.)
Following the House vote, the White House issued a statement (full text) saying that if the bill ultimately passes the Senate, the President's "senior advisors would recommend that he veto the bill." Interestingly, however, the statement makes no mention of claimed interference with the expression of religious beliefs as a ground for veto. Instead it makes three very different arguments.
First it objects to federalizing as many violent crimes as the bill does. Second, it complains that the bill does not cover crimes against the elderly, members of the military, police officers, and victims of prior crimes. Interestingly, the statement makes no mention of another class that Christian conservatives wanted included in the bill-- unborn babies. Finally, the White House statement objects to a provision in the bill that does not apply to crimes motivated by sexual orientation of the victim, but only to crimes motivated by a victim's race, color, religion or national origin. 18 USC Sec. 249(a)(1), the White House says, raises constitutional concerns because it is not limited to activities which Congress could criminalize under its powers to regulate interstate commerce, enforce equal protection or protect federal personnel.
The Anti-Defamation League issued a statement praising the House action, criticizing the President's threatened veto, and saying that the law would withstand constitutional attack.
Indonesia Charges 41 Christians Criminally Over Insulting Video
Thursday, May 03, 2007
White House Ceremony, Capitol Hill, Mark National Day of Prayer [Corrected]
Musical presentations at the White House ceremony included two spirituals. No Muslim clergy spoke at the event. The President's remarks at the event (full text) focused on the reasons for prayer. He concluded saying: "Prayer has the power to change lives and to change the course of history. So on this National Day of Prayer, let us seek the Almighty with confidence and trust...."
Following the National Day of Prayer ceremony, the President discussed comprehensive immigration reform with some of the clergy who were present. (White House Press Release.)
A National Day of Prayer event was also held on Capitol Hill in the Cannon Office building. Among the speakers was Mississippi Supreme Court Chief Justice James W. Smith Jr. (Hattiesburg American). Smith gained notoriety in 2006 when he appeared in the film Borat . He was shown at a Pentacostal camp meeting saying that "we are a Christian nation now, we were a Christian nation in the beginning, and we're gonna always be a Christian nation until the good Lord returns." (Ethics Daily). After Smith's National Day of Prayer remarks, event organizer Barbara Byerly prayed for God to "reverse the course" of the nation's judges for their "ungodly" rulings. (Jackson Clarion Ledger). [Note, an earlier version of this posting incorrectly reported that Smith had spoken at the White House ceremony.]
House Passes Head Start Reauthorization With Ban On Religious Discrimination Intact
4th Circuit Upholds Principal's Removal Of Religious Material From Bulletin Board
USCIRF Makes Recommendations On List Of Countries Violating Religious Freedom
USCIRF also placed eight countries on its watch list, as countries where religious freedom violations call for close monitoring. Carried over from last year are Afghanistan, Belarus, Egypt, Bangladesh, Cuba, Indonesia, and Nigeria. Added this year is Iraq. USCIRF also issued its 2007 Annual Report containing detailed reports on the status of religious freedom in numerous countries around the world.
Suit Challenges Indiana Social Service Agency's Hiring of Chaplain
En Banc 10th Circuit Review Sought In "Seven Aphorisms" Cases
The argument that once the 10 Commandments monuments were donated, they were "government speech", is a particularly interesting one in the Duchesne City case. There the city, in an attempt to avoid Summum's request for equal treatment in a public forum, transferred the parkland under the 10 Commandments monument to private individuals.
Texas House Passes Bill To Protect Student Religious Speech
Monday's San Antonio Express-News reports that the bill, now in the Senate Education Committee, is strongly supported by Texas Governor Rick Perry. However Kathy Miller, head of the Texas Freedom Network, says that the bill threatens religious freedom because "students will be held captive to the expression of religious beliefs that they and their families may not share". (See prior related posting.)
Missouri Legislature Passes Faith-Based Organization Liaison Act
Wednesday, May 02, 2007
State Funds To Baptist Group Homes Challenged; Proselytization Charged
British Treasury Considering Issuance of Sharia-Compliant Bonds
Last week, stories in The Guardian and Arabian Business emphasized the growing market for Islamic financial products. The government bond proposals are part of a broader group of measures that were announced by Secretary Balls on April 16 at a government-hosted summit on Islamic finance. (Press release.)
Britain's initiative is not without its critics. In a letter to the Financial Times last week, a spokesperson for the Lawyer's Christian Fellowship argued that Sharia would limit the purposes for which funds raised from the bonds could be spent, and that disputes regarding such financial instruments could involve the need to interpret religious law. In this regard, an article today in LiveMint.com profiles Bahrain's Sheikh Nizam Yaquby, one of a group of Islamic scholars who advises financial companies around the world on structuring insurance policies, accounts and bonds to meet the requirements of Islamic law.
UPDATE: The May 3 Legal Times carries an interesting article on the growing demand for lawyers with expertise in Islamic finance and the role of Islamic scholars in developing new products.
Teacher Sues School Over Order To Remove Classroom Banners
California Can Require Social Security Number For Driver's License
Britain's New Religious Discrimination Ban Effective April 30
Malaysian Offical Rejects Request For Chinese Muslim Mosque
Tuesday, May 01, 2007
Court Upholds Navy Chaplain Selection Policy
In evaluating the Navy's current policy, the court held that under the Supreme Court's decision in Goldman v. Weinberger, the court should not apply the normal strict scrutiny standard used in free exercise cases. Instead, where military policy is involved, the court must use a more deferential analysis. The court said:
If the Navy were constitutionally required to organize and constitute a chaplaincy, so as to ensure the free exercise rights of its service members, then the chaplaincy program would have to not only be narrowly tailored to the free exercise needs of the Navy's service members, it would have to be in relative synergy with it.... If, as is the case here, the Navy is permitted, but not constitutionally required, to accommodate religious needs of its members via a chaplaincy program, the Navy's program need not satisfy every single service members' free exercise need, but need only promote free exercise through its chaplaincy program. The program is constitutionally sound if it simply works toward accommodating those religious needs.The court found that the Navy's current program seeks legitimate military ends and is designed to accommodate the rights of Navy personnel to an appropriate degree. It found that plaintiffs' proposal that the chaplain corps reflect the actual religious demographics of the Navy confuses number of adherents with the religious needs of personnel, which may not be proportional to their numbers. A more tailored program would require the Navy to become excessively entangled in studying the religious habits and interests of its members.
Military Agency Focuses On Increased Religious Diversity
The Defense Equal Opportunity Management Institute (DEOMI), a Department of Defense (DoD) agency, is the U.S. military's premiere organization dedicated to promoting understanding of and respect for equal opportunity, diversity, and cultural competency within the military Services and other federal agencies. One critical facet of DEOMI's mission lies in conducting research and providing training on the growing religious diversity within DoD ranks and how accommodation of this diversity affects issues of recruitment, retention, and readiness.
In addition, increased awareness of the importance of religion (and other cultural factors) within those populations with whom DoD personnel interact finds DEOMI ideally situated to provide military and government leaders with research possessing both scholarly depth and military awareness. DEOMI personnel provide expert training in these areas to military and civilian employees of DoD at DEOMI, located on Patrick Air Force Base, FL, and in military units around the country, placing continual emphasis on how religion can and does play a vital role in the military mission.