Georgia's Tax Exemption For Bibles and Religious Papers Held Unconstitutional

In Budlong v. Graham, 2007 U.S. Dist. LEXIS 36101 (ND GA, May 16, 2007), a Georgia federal district court struck down Georgia's sales and use tax exemptions for Bibles and other books recognized as holy scriptures, and for religious papers published by non-profit religious institutions. The court held that even if the state has a compelling interest in this content-based classification, the exemptions are not "narrowly tailored". It said: "If the purpose of the exemptions is to alleviate monetary burdens imposed on religious practice, the exemptions are significantly under-inclusive, failing to include the much broader range of religiously motivated retail activities currently subject to the tax." This, in the court's view, invalidates the exemptions under the Free Press clause of the First Amendment. Finding that basis for invalidity, the court declined to reach the Establishment Clause, due process and state constitutional challenges brought by plaintiff.

Ohio House Presses Its Guidelines For Invocations

Sessions in the Ohio House of Representatives regularly open with a prayer from an invited member of the clergy. The House has Guidelines for them: prayers should be non-denominational, non-sectarian and non-proselytizing, and they should avoid contentious subjects. They go on to provide: "In order to ensure that the above guidelines are met, we are asking that you submit a copy of your prepared remarks at least 72 hours prior to the session day for which you are scheduled. Failure to do so will prohibit you from delivering your prayer. If it is determined that the prayer is of a denominational, sectarian or proselytizing nature, we will ask for it to be changed to conform to the guidelines."

The Columbus Dispatch reported yesterday that House Clerk Laura Clemens has sent a memo to all House members saying that increasingly ministers are ignoring the guidelines. In particular their prayers are becoming more sectarian. Apparently the memo was sparked by an invocation several days ago in which Rev. Keith Hamblen, pastor of Lima, Ohio's Calvary Bible Church, referred to Jesus several times, spoke favorably of church-sponsored schools and mentioned bills up for debate that day, including a controversial proposal on regulating strip-clubs.

Raymond Vasvari, former legal director for the Ohio ACLU, said the House has a problem. If, in trying to assure that prayer is non-sectarian, it reviews invocations of invited ministers in advance, this is akin to an illegal prior restraint. [Thanks to Alliance Alert for the lead.]

Cross In Idaho County Seal Questioned

An op-ed yesterday in Sun Valley Online questions action taken in 2005 by the Canyon County, Idaho Commissioners. They adopted a redesigned county seal. Among the buildings, wildlife and farmland depicted on the seal is a church with a cross on top. Jenny Fultz, who designed the new seal, said: "I chose what I felt was one of the symbols that is most widely recognized as spirituality. When you see a cross you think of not just Christianity, but religion in general."

Conservative Group Issues Report On Muslim Charities In U.S.

Last month the conservative group, Judicial Watch, released a report titled Muslim Charities: Moderate Non-Profits or Elaborate Deceptions? The report claims that a number of these charities in the United States are front organizations for Islamic terrorist groups. [Thanks to today's Law Librarian Blog for the lead.]

ACLU Sues Louisiana School District Over Bible Distribution

The Louisiana chapter of the American Civil Liberties Union announced yesterday that it had filed yet another lawsuit against the Tangipahoa Parish School Board, this time to stop the Board from allowing the distribution of Gideon Bibles to students on school property during the school day. The suit was filed on behalf of a fifth grade student, identified only as Jane Roe, and her father. In the past 13 years, the ACLU has filed 5 other religious liberty lawsuits against the Tangipahoa Board. (See prior related posting.)

The complaint filed in federal court (full text) alleges that the student's teacher led the entire class out to the Gideons so they could each get a Bible, and that students were pressured by fear of being criticized or ridiculed into accepting a copy. The Associated Press, reporting on the lawsuit, quotes ACLU state director Joe Cook as saying that the teacher's actions disrespected parents rights to choose the religious tradition in which they wish to raise their children.

Canadian Appellate Court Upholds Hutterites Right To License Without Photo

In Hutterian Brethren of Wilson Colony v. Alberta, (Alberta Ct. App., May 17, 2007), an Alberta Court of Appeals , upholding a lower court decision, held that the refusal to issue Hutterites drivers' licenses without photos on them unjustifiably infringes their freedom of religion protected by Canada's Charter of Rights and Freedoms. Justice Slatter dissenting argued that the accommodation offered by the Province was sufficient. It had proposed issuing Hutterites an Operator’s Licence in a folder marked as property of the Province of Alberta so that Hutterites would never need to come into physical contact with the license. Also their photos would be placed in the Province's digital facial recognition database. Canadian Press yesterday reported on the decision.

Street Preachers Successfully Challenge City's Permit Ordinance

In World Wide Street Preachers' Fellowship v. City of Grand Rapids, 2007 U.S. Dist. LEXIS 35698 (WD MI, May 16, 2007), a Michigan court gave a partial victory to a Christian preacher who had been arrested for preaching loudly without a permit near a Pagan Pride Festival in a Grand Rapids, Michigan park. While the court upheld the city's breach-of-the peace ordinance, it granted a preliminary injunction against enforcing the its permit ordinance, finding that it is overbroad and not narrowly tailored. While the permit ordinance violated plaintiff's speech rights, it did not violate his free exercise rights.

Istanbul Authorities Limit Swimsuit Photo Displays

A new controversy between secularists and Islamists in Turkey is being reported by Pakistan's Daily Times. Recently the municipality of Istanbul ordered stores selling Turkish-manufactured Nelson swimsuits to get permission before displaying photos of models in swimsuits and bikinis on store front windows on main streets. The government then denied permission to four companies. Secularists say this is another attempt of Islamists to interfere in daily life of Turks. Istanbul's municipal planning department says the applications were denied because they were not in proper form.

Creationism Museum To Open; Generates Opposing Petition Campaign

A $27 million museum promoting creationism is set to open in Petersburg, Kentucky on May 28. The Campaign To Defend the Constitution is beginning a petition campaign on its website to oppose the Answers in Genesis Creation Museum. Def Con's petition argues that the museum attacks children’s basic understanding of fundamental scientific principles. Wednesday's Cincinnati Enquirer reports that museum defenders say that their critics should see the museum before they speak out against it.

More On Israel's Rabbinic Court Appointments Dispute

Religion Clause has followed the recent controversy in Israel over the appointment of 15 rabbinic court judges (see prior postings 1, 2, 3). These courts have jurisdiction over various status and family law matters. The Jerusalem Post reported on Wednesday that the Dayanim Election Committee has formally decided to annul the original appointments and to start the selection process over. Meanwhile, in another article, the JP reported that Justice Minister Daniel Friedmann defended his role in the matter before the Knesset Law Committee. However he also suggested that there should be changes in the law that would allow women to become religious court judges. This could only be done by changing the requirement that only rabbis can serve. Friedmann also said he would like to see litigants in the courts have an option of choosing a civil law alternative to Jewish religious law to govern their disputes if they wish.

Catholic House Members Criticize Pope's Statement

On Tuesday, The Hill reported that 18 Catholic Democratic members of the House of Representatives criticized remarks made last week by Pope Benedict XVI. The Pope, on his way to Brazil, suggested that he supports excommunication of legislators who support abortion rights. (See prior posting.) The Congressional members' May 10 statement (full text) said: "religious sanction in the political arena directly conflicts with our fundamental beliefs about the role and responsibility of democratic representatives in a pluralistic America – it also clashes with freedoms guaranteed in our Constitution. Such notions offend the very nature of the American experiment and do a great disservice to the centuries of good work the church has done."

Texas School District Sued Over Bible Curriculum

A lawsuit filed yesterday in a Texas federal district court on behalf of 8 parents of high school students challenges the constitutionality of a course in The Bible in History and Literature offered by two Odessa, Texas schools. The courses use the King James version of the Bible as a text. They follow the curriculum developed by the National Council on Bible Curriculum in Public Schools, after the school superintendent rejected an alternative curriculum developed by the Bible Literacy Project that is generally seen as more inclusive. (See prior posting and and an article from yesterday's Wall Street Journal.)

The complaint in Moreno v. Ector County Independent School District, (WD TX, filed May 16, 2007) (full text) alleges that the curriculum that was adopted promotes a particular religious interpretation of the Bible-- ignoring or dismissing other viewpoints-- and does not reflect current and reputable Biblical scholarship. It teaches the Bible as literal, historical truth and presents a religious interpretation of American history that does not reflect objective scholarly standards.

The suit was filed on behalf of the parents by the American Civil Liberties Union (press release) and People for the American Way (press release). ACLU lawyer Daniel Mach charged that the course "is about proselytizing one set of religious beliefs to the exclusion of others. Students who don't share those beliefs should not be treated as outsiders by their own schools." Also, he said that the course "requires students to give 'true' or 'false' answers to questions that are a matter of religious faith."

Can Children Use Peyote In Native American Religious Ceremonies?

While the use of peyote in Native American religious rituals may be protected by statute at the federal level and in many states, a family court in Leelanau County, Michigan faces a more difficult question. May Native American parents give their minor children peyote in religious ceremonies? Wednesday's Leelanau Enterprise discusses the case. The Leelanau county prosecutor is asking the court to take jurisdiction over five children who were given the hallucinogen after the Tribal Court of the Grand Traverse Band of Ottawa and Chippewa Indians failed to asset jurisdiction in the case. In a similar 2003 case, a Michigan family court judge ruled that a 4-year old could not ingest peyote, but that he could when he is fully aware of the implications, is physically and emotionally ready, and has the permission of both his parents.

Judge Lifts Temporary Ban; Lets Autopsy On Executed Prisoner Proceed

Lifting an earlier temporary injunction he had issued (see prior posting), a Tennessee federal district court judge has ruled that an autopsy can be performed on the body of executed prisoner Philip Workman. Workman, a Seventh Day Adventist, had requested on religious grounds that no autopsy be performed and that no chemicals or fluids be removed from his body. Judge Todd J. Campbell, however, ruled Tuesday that, while Workman's religious objections were sincere, the state has a "compelling interest in assessing the effects of the lethal injection protocol that has been the subject of widespread constitutional challenge in recent years." The Associated Press reporting on the ruling, says that the judge also ordered that no autopsy be performed until after May 24 in order to give Workman's family time to appeal the ruling.

UPDATE: Nashville's News Channel 5 reported on Thursday that Workman's family has reached an agreement with the state medical examiner to permit him to perform an autopsy on Workman, but in a way that is minimally invasive.

North Carolina Village Bans Sectarian Invocations

On Monday night, the Clemmons, North Carolina Village Council, by a vote of 3-2, followed the advice of its Village Attorney and voted to ban sectarian invocations at Council meetings. The new policy requires that invocations "be nonsectarian in nature, without reference to any particular religion, denomination or sect, nor to any symbol or deity thereof." Yesterday's Winston-Salem Journal reports that letters will be sent to local religious leaders to explain the policy and give examples of inappropriate references. This vote took place at the same time that the county commission of Forsyth County-- where Clemmons is located-- took a different route and approved a policy permitting sectarian prayer. (See prior posting.)

Moldova Rushes New Religion Law Through Parliament

Forum18 reported yesterday that a new Religion Law has been rushed through Moldova's Parliament, and that officials say no one will be able to read it until it has been promulgated by the President and published in the Official Monitor. Stefan Secareanu, who chairs the Parliament's Committee for Human Rights and National Minorities, says that the bill is still being edited to reflect all the amendments that were adopted. He says that the bill retains a ban on abusive proselytism, but that using "disinformation" has been removed from the definition of banned practices. The final bill also requires 100 adults members before a religious group will be recognized. Minority religious groups object to this limit, while the Russian Orthodox Church in Moldova thinks the new bill is not restrictive enough.

NY Jail Chaplain Charged For Distributing Anti-Muslim Tracts

A Rockland County, New York jail chaplain, suspended with pay last month pending an investigation of complaints that she distributed anti-Muslim literature (see prior posting) has now been charged administratively with eight counts of misconduct. Rev. Teresa Darden Clapp's suspension was also changed to one without pay. Yesterday's Lower Hudson Valley Journal News says that after listening to concerns of the local Muslim community, jail officials said they would hire an imam as a Muslim chaplain, and would begin to serve Muslim prisoners Halal food.

Communion Wine Now Permitted In New Zealand Prisons

New Zealand's Corrections Department has changed its interpretation of New Zealand law and will now permit small amounts of Communion wine to be consumed in prisons by Chaplains and prisoners. Catholic News reported yesterday that the reversal of policy came after objections from the Catholic Church and politicians. Authorities will seek an amendment to the Corrections Act 2004 that now prohibits alcohol from being taken into prisons so that it clearly reflects the new exemption for sacramental wine.

Group Aims At Proselytizing State Legislators

Jews on First this morning carries a lengthy report on Capitol Ministries, a group that is focused on bringing a Christian message to state legislators and their staffs around the country. It has already formed Bible study groups in over a dozen state capitals. The group's leader, Ralph Drollinger, has a record of criticizing Catholics, gays and mothers of young children who serve in state Legislatures.

9th Circuit: LA County's Removal of Cross From Seal OK

Yesterday in Vasquez v. Los Angeles County, (9th Cir., May 15, 2007), the U.S. 9th Circuit Court of Appeals rejected an Establishment Cause challenge to a 2004 change made to the seal of Los Angeles County. Ernesto Vasquez, a resident, taxpayer and county employee, argued that the change, which removed a cross from the seal and replaced it with a picture of a historic mission, amounted to a state-sponsored message of hostility toward Christians.

The court held that plaintiff had standing to bring the challenge, holding that "spiritual harm resulting from unwelcome direct contact with an allegedly offensive religious (or anti-religious) symbol is a legally cognizable injury and suffices to confer Article III standing." However it rejected Vasquez's claim on the merits. The County removed the cross to avoid a potential Establishment Clause problem. The court held that this is a secular purpose. As to effect, the court said "a 'reasonable observer' familiar with the history and controversy surrounding the use of crosses on municipal seals would not perceive the primary effect of Defendants' action as one of hostility towards religion." Reuters and AP both reported on the decision.