Friday, May 11, 2007

Native Americans Say TN Bill Protecting Team Names Infringes Religious Rights

Yesterday, the Tennessee Senate passed HB 133 that prohibits agencies like the Tennessee Secondary School Athletic Association from interfering with the right of any public or private school "to continue to honor American Indians and the heritage of such institution through the use of American Indian symbols, names, and mascots." The House has already passed the bill.

The Kingsport Times-News yesterday reported that Tennessee Commission of Indian Affairs opposed the bill. Last January the TCIA told the state's Human Rights Commission that: "The use of (eagle) feathers, sacred pipes (miscalled peace pipes), sacred drums, the dances, the Indian songs, even painted faces are all part of sacred ceremonies used by Native American Indians and misused by non-Indians as 'rituals' at sports games where they also misuse our tribal names with the addition of horrendous caricatures." TCIA Chair Evangeline W. Lynch made the same point in testimony before the Tennessee Senate State and Local Government Committee last month saying that the misuse of these symbols are an attack upon Native American religions.

In Wales, Hindus Protest Plans To Slaughter Diseased Bull

In Wales, government agricultural officials say that a Friesian bull named Shambo tests positive for tuberculosis and needs to be slaughtered. However Shambo is part of a herd of 35 cows and bullocks kept on the grounds of a Hindu temple near near Carmarthen, west Wales. Killing cows and bulls violates Hindu religious principles. Today's London Telegraph reports that Shambo has now been placed in a shrine inside the Skanda Vale Temple, but local farmers say that does not guarantee against the spread of TB. They want the slaughter to proceed. 3500 people have signed an online petition against slaughtering the animal; monks are planning to file a lawsuit; and Hindu leaders are threatening to form a human shield to prevent the animal from being slaughtered. Britain's Hindu Council has gotten involved, and a member of Parliament, Andrew Dismore, the Labour MP for Hendon, has introduced a resolution calling for the Environmental Secretary to stop the planned culling.

Hopi Religious Accommodation Claim Held to Be Moot

This week, an Arizona federal Magistrate Judge dismissed as moot an interesting religious accommodation claim by members of the Hopi Indian Tribe. Joshevama v. Office of Surface Mining, 2007 U.S. Dist. LEXIS 34097 (D AZ, May 8, 2007), is apparently part of a larger conflict between traditional Hopis and the Hopi tribal government over proposals to operate and develop the Black Mesa coal mine. In the case, a group of traditional Hopis claimed that the federal government violated the Religious Freedom Restoration Act by setting the public comment period on a draft environmental impact statement for the Black Mesa Project to coincide with their winter religious ceremonial calendar. From November through February, traditional Hopis are prohibited from engaging in government or significant non-religious pursuits. However the court found that the Office of Surface Mining had subsequently extended the comment period through May 11.

Archbishop of Cantebury Praises Tony Blair

Christian Today reports that as Britain's Prime Minister Tony Blair announced that he would leave office next month, the Archbishop of Canterbury, Dr Rowan Williams, issued a statement praising Blair's dedication to religious freedom. He said in part:
Tony Blair has understood as well as any Prime Minister in recent times why religion matters, how faith communities contribute to the common good and why religious extremism should have no place in a progressive society. As a man of genuine personal faith, he has not shied away from the risk associated with confronting extremism, while respecting difference.... There have naturally been differences of vision and judgement between the Prime Minister and the Church of England, not least over the Iraq war, but he has been consistently willing to allow these disagreements to be voiced and discussed openly.

Sheriff Defends Faith-Based Post-Release Program

In Fall River, Massachusetts, Sheriff Thomas Hodgson yesterday called a press conference to counter complaints by Americans United for Separation of Church and State over a Christian drug and alcohol rehabilitation program for men who have recently been release from prison. South Coast Today reported that a defiant sheriff defended the well-established Teen Challenge program run in a state-owned house by a Pentecostal pastor. All eleven men in the program have completed their prison sentences and have volunteered for the 15 month residential program involving counseling, fundraising and prayer. He says the program has a much better record at preventing recidivism than secular programs do.

Sheriff Hodgson released a letter saying: "the argument that somehow we should not allow a recovery program to operate in a transition home purchased by the Sheriff's Department would mean that we must suspend all religious activity and spiritual access within our prison walls." He went on: "You may be further upset to know that we also have conducted over 20 religious retreats at our Dartmouth facility, increased our work activities on churches, and encouraged Bible study among our population. These activities are based on voluntary participation and will continue in spite of your objections."

Minister Sues To Prevent Mosque Construction: Claims National Security

Black American Web yesterday reported on a lawsuit filed in Florida by Rev. O'Neal Dozier, pastor of the World Wide Christian Center, who is trying to prevent the construction of a mosque in a black neighborhood in Pompano Beach. The city last year approved a zoning change to allow the new building for the growing Muslim congregation to be built near two black Christian churches. However, Dozier claims that the new mosque would pose a homeland security issue. The lawsuit alleges loose connections between the mosque's imam, Hassan Sabri, and various terrorist groups. Dozier objects to moving the mosque from its current location in a "white" beach community to a black community near one of the largest prisons in Broward County. He says this increases the risk that radicals will find new recruits to indoctrinate.

Thursday, May 10, 2007

English Ecclesiastical Court Debating Ethics Of Internet-Ready Mobile Phones

Life Style Extra yesterday carried a fascinating report about a case that is currently being argued on appeal in the little-known Court of Arches, the Church of England's highest appellate court. At issue is whether Anglican churches can rent out space on their steeples to mobile phone companies for use as cell phone transmission towers. At least 37 chruches around Britain have done so, finding this to be an excellent source of income. Indeed the Archbishop's Council has even entered a National Agreement with QS4 appointing it as the approved installer of transmitting and receiving equipment on church towers, and creating a standard installation agreement tailored to the needs of churches. However, recently George Pulman, QC, the chancellor of the Chelmsford Consistory Court, ruled that the parish of St. Peter and St. Paul in Chingford, Essex could not enter an agreement with QS4 because T-Mobile's new Internet capable mobile phones allow users to view sexually explicit websites. Pulman held that the church should not be making money from "revolting and damaging pornography".

Pope Criticizes Mexican Legislators Over Abortion Vote

Pope Benedict XVI, speaking to reporters yesterday on his way to Brazil, attracted attention when he said he agreed that Catholic legislators who voted to legalize abortion in Mexico City should rightfully be considered excommunicated. (See prior posting.) Later a spokesman backed away from the Pope's statement, saying that the Pope might have incorrectly inferred from the question that Mexican bishops had formally excommunicated the legislators. In a statement approved by the Pope, Rev. Federico Lombardi said: "Since excommunication hasn't been declared by the Mexican bishops, the Pope has no intention himself of declaring it." But he added that these legislators should not receive the sacrament of Holy Communion: "Legislative action in favor of abortion is incompatible with participation in the Eucharist. ... Politicians exclude themselves from Communion." The story and other aspects of the Pope's trip are covered by the Associated Press and the Los Angeles Times.

Activist Charges Iowa VA Hospital Proselytized Jewish Patient

In Iowa City, Iowa today, Mikey Weinstein, founder of the Military Religious Freedom Foundation, will hold a press conference to focus on alleged religious discrimination and Christian proselytizing at the Iowa City Veterans Hospital & Clinics (press release). Weinstein says that Orthodox Jewish veteran David Miller has been subjected to evangelization and anti-Semitism at the hospital. He was denied kosher food and was visited by a chaplain who tried to convince Miller that he needed Jesus while Miller was suffering acute chest pains wired to a heart monitor.

Court Agrees With Executed Man's Religious Objection To Autopsy

Tennessee State Medical Examiner Bruce Levy thinks that autopsies should be performed on the body of any prisoner who has been executed. However, this week, a Tennessee federal judge upheld the request by Philip Workman that for religious reasons there be no autopsy on him. Workman was executed yesterday using a new lethal injection process. A hearing will be held Monday to decide whether state officials can obtain samples of blood and other bodily fluids from Workman's body. The story is reported by today's Tennessean. Convicted of killing a policeman, Workman also made the news when, just before his execution, he used his last-meal request to ask that a vegetarian pizza be delivered to a homeless shelter. The Tennessean reports that when authorities refused, people from across the country sent pizza to Nashville's Union Rescue Mission.

NY Corrections Department Settles Suit, Agreeing That Officer Can Wear Kufi

Yesterday, the New York Civil Liberties union announced that a settlement has been reached in a suit that it filed last year against the New York Department of Correctional Services (DOCS) on behalf of Abdus Samad Haqq, a Muslim corrections officer who had been prohibited from wearing a kufi (skullcap) at work. In March 2007, the U.S. Department of Justice filed a companion suit alleging that DOCS should have accommodated Haqq's religious needs. In the settlement that has been filed with the federal district court (full text), DOCS agrees that Haqq "shall be permitted to wear a solid-colored, dark blue or black, close-fitting kufi at all times while on duty at Lincoln Correctional Facility or any other DOCS work-release facility." Reuters yesterday reported on the settlement.

Church Sanctuary Movement Is Beginning To Protect Immigrants

Religious leaders around the country, pressing for immigration law reform, are cautiously moving toward creating a sanctuary movement. The AP reports that in Los Angeles yesterday, churches gave sanctuary to two men from Mexico and Guatemala as 30 priests, pastors, imams and rabbis blessed them. Meanwhile, in New York a gathering of clergy at Manhattan's Roman Catholic Church of St. Paul the Apostle also focused on the issue. Participants said that their support for families who are facing unjust deportation orders might include physical sanctuary at some point. (AP)

Town Will Change Limits On Church Signs; Agrees To Injunction

A stipulated preliminary injunction has been issued in an Arizona church's challenge to a town's signage ordinance. Reed v. Town of Gilbert, Arizona, (D AZ, May 9 2007). (See prior posting.) The Alliance Defense Fund said yesterday that town officials have decided to change the ordinance that required signs about religious gatherings to be smaller in size, fewer in number, and displayed for less time than similar non-religious signs. The injunction issued by an Arizona federal court will permit Good News Presbyterian Church to advertise its church services pending a final disposition of the case.

Paraguayan Bishop May Be Kept Off Ballot Under Country's Constitution

In Paraguay, popular opposition candidate Fernanco Lugo who resigned as a Catholic Bishop in order to run for President may still be kept off the ballot by electoral officials. The Associated Press reported on Monday that Paraguay's current president, Nicanor Duarte, says that Paraguay's constitution bars clergy from holding the office of President, and that Lugo is still a bishop The president of the Paraguayan Bishops Conference agrees that Lugo cannot give up his Church position. In February, after Lugo announced his candidacy, the Vatican suspended him from exercising his ministry in accordance with provisions of Canon Law. (See prior posting.) He may now risk excommunication.

Wednesday, May 09, 2007

Decision For NYSE Former Chairman Has Implications For Religious Non-Profits

A decision handed down yesterday by a New York state appellate court dismissing four of six claims against former New York Stock Exchange Chairman Richard Grasso has implications for religiously affiliated non-profit corporations in New York. In People of the State of New York v. Grasso, (App. Div. 1st Dept., May 8, 2007), the court in a 3-2 decision held that the Attorney General of New York lacks authority to bring claims not specifically authorized by the state's Not-For-Profit Corporation Law, at least where the claims circumvent substantive standards for liability set out in causes of action created by the statute. The Attorney General was attempting to recover for NYSE (at the time, a non-profit corporation) allegedly excessive compensation paid to Grasso. Newsday reports on the decision.

RI Bill Would Ban Altering Holiday Concepts and Symbols

Yesterday, the Rhode Island House Committee on Health, Education and Welfare held hearings on a bill that would prohibit municipalities from altering "the name or concept of any religious or secular holiday or any religious or secular symbol associated with any such holiday." The Providence Journal reports that the bill was proposed by Rep. Richard W. Singleton after a Tiverton , RI school superintendent prohibited a parents group from sponsoring a photo booth featuring the Easter Bunny at a middle school craft fair. Instead they used a costumed Peter Rabbit. Opposing the bill, Mia Manzotti, associate director of the Rhode Island League of Cities and Towns said that the language is vague and overly broad and would cause confusion.

Gonzales Speaks On DOJ's Enforcement of Religious Liberty Protections

Yesterday, U.S. Attorney General Alberto Gonzales spoke at the Detroit Economic Club on DOJ's "Successful Record on Enforcing Our Nation's Civil Rights Laws" (full text). His talk covered a wide range of civil rights issues, including religious liberty. Here is some of what he had to say on that topic:

The Department of Justice has aggressively enforced the laws against religious discrimination in everything from education, to employment, to fair housing. For example, after years without any investigations involving religious discrimination in education, the Department has opened 40 investigations....

In one case we stood in defense of Nashala Hearn, a Muslim girl in the sixth grade in Muskogee, Oklahoma, whose school told her that she could not wear a headscarf required by her faith.... I'm especially proud of these cases, because no child should have to choose between the right to practice her religion and the right to an education.

As part of our ongoing efforts to strengthen and preserve religious liberty..., in February I unveiled ... the First Freedom Project.... We also have worked actively to protect those who have been endangered because of their religion or ethnicity.... In one case a man... built two incendiary devices... and attacked the Islamic Center of El Paso, Texas....

And we saw subtler forms of bigotry, imposed not through fire, but through law, as communities used zoning rules to restrict religious freedom. When the Muslim Community Center in Morton Grove, Illinois, wanted to expand its facilities... they encountered exactly this type of backlash. The Department mediated a resolution.... We aggressively pursue hate crimes and discrimination cases like these because they strike not just at individuals but at whole communities.

Hearing Held In Challenge To NC Ban On Use Of Quran To Swear In Witnesses

Yesterday, a state trial court in Wake County, North Carolina heard arguments in the case of American Civil Liberties Union of North Carolina, Inc. v. State of North Carolina (full text of complaint), after the case was remanded by a state Court of Appeals that found it presented an actual case or controversy. The lawsuit seeks a declaratory judgment that the North Carolina statute on administering oaths should be interpreted to allow a witness to use not just the Christian Bible, but holy books from other traditions as well. The complaint also asks that if the court does not agree with that interpretation, that it declare the statute unconstitutional. Yesterday's Winston-Salem Journal reports that the suit, filed in July 2005, stems from a case in which a Muslim woman was not allowed to use the Quran in being sworn as a witness. The state argued that the ACLU's complaint should be dismissed as being a political question.

Islamic Militants Confiscate Music Tapes In Pakistan Tribal Province

In Pakistan's tribal region of North Waziristan, armed Islamic militants began last Sunday to confiscate music cassettes from public buses and are ordering shops selling cassettes and CDs to only sell "jihadi" recordings, i.e. ones featuring sermons, or featuring songs (without musical accompaniment) that praise holy war and jihadists. Reporting on this yesterday, the Associated Press said that the campaign is similar to that of the former Taliban regime that banned music, movies, TV and other forms of entertainment in its attempt to strictly enforce Islamic law.

Preacher Challenges Permit Requirement and Noise Limits Imposed By Alabama City

Last week a federal lawsuit was filed on behalf of Christian evangelist, Rev. Wesley Sewell, against the city of Jacksonville, Alabama, challenging its ordinance that severely limits the use of loudspeakers and its requirement to obtain a permit before preaching on public sidewalks. (ADF Press Release.) The complaint (full text) says that the city's prohibition on sound devices that can be heard more than 10 feet away and the city's permit requirement that has no written guidelines, violate Sewell's free speech, due process, equal protection and free exercise rights under the U.S. Constitution, as well as his rights under the Alabama Constitution's Religious Freedom Amendment.