ROTC Teaching Guide Challenged On Church-State Content

Friday's Forward reports that Mikey Weinstein, who has been battling with the military over religious discrimination and Christian proselytizing in the armed forces, now has a new target. He says that an educational guide distributed to high schools for use in the Junior ROTC program recommends that students read an excerpt from an article that questions the usual understanding of separation of church and state. The excerpt argues that Thomas Jefferson’s 1802 Letter to the Danbury Baptists was intended to only keep government out of religious affairs, and not keep religion out of government.

The article also reports that Weinstein is formulating a far-reaching litigation strategy for his Military Religious Freedom Foundation, and discusses Weinstein’s confrontational style that has led some organizations that might otherwise be his natural allies to tread cautiously.

Kansas AG Files Suit For Ruling On Anti-Funeral Demonstration Law

In March, the Kansas legislature passed a bill banning demonstrations within 150 feet of a funeral and allowing family members to sue demonstrators for defamation. However the bill provides that it will not take effect until the state Supreme Court or a federal court rules that it is constitutional. (See prior posting.) On Thursday, according to the Kansas City Star, Kansas Attorney General Paul Morrison filed the required suit in the Kansas Supreme Court. Like many other states, Kansas aimed its law at pickets from the Westboro Baptist Church known for picketing veterans’ funerals with signs accusing America of harboring homosexuals.

Iowa State Coach Wants Football Team Chaplain; Faculty Object

Iowa State University's football coach, Gene Chizik, wants to hire an official chaplain for the team, to be paid for from private donations, according to reports from the AP and the Iowa State Daily. Chizik says student athletes are under a great deal of pressure and need access to spiritual guidance. Dave Turnball, area director for the Iowa Fellowship of Christian Athletes, reportedly has begun raising funds to support the idea. However, over 100 ISU faculty members have signed a petition opposing the plan. They say it is improper for a public university to hire a chaplain, and that the proposal under consideration favors Christianity over other religions.

Masachusetts High Court Dismisses Challenge To Catholic Church Closing

In Maffei v. Roman Catholic Archbishop of Boston, (MA Sup. Jud. Ct., May 25, 2007), the Massachusetts Supreme Judicial Court dismissed a challenge to the decision of the Archdiocese of Boston to close and sell off St. James Church in Wellesley. St. James was built on property donated to the Archdiocese by the Maffei family. Plaintiffs claim the Archdiocese had agreed that St. James would be maintained in perpetuity in honor of Waldo Maffei's father, and if not the property would revert to the Maffeis. Another plaintiff sued to recover donations made to St. James before it closed. They all claimed that the Archdiocese should have informed them that under Canon Law the church could be closed at a future time. The Court held that insofar as the plaintiffs' claims are based on alleged fiduciary or confidential relationship between a clergyman and his congregants, they raise matters of internal church governance that the First Amendment precludes civil courts from deciding. Other claims in the suit, the Court said, are not supported by the evidence. WCVB-TV today reported on the decision.

Canadian Court Rules No Religious Limits To Run For Catholic School Board Trustee

In Canada's Northwest Territories, the Supreme Court has ruled the Yellowkinife Catholic school board that operates state-supported religious schools may not prevent non-Catholics from running in school board trustee elections. In Yellowknife Catholic Schools v. Euchner, (NWT Sup. Ct., May 23, 2007), the court, reviewing at length the statutory provisions on denominational schools, held that "it was the clear intention of the legislature that a candidate for election to the public denominational District Education Authority need not be of any particular religious faith." CBC News yesterday reported on the decision.

Bills On Religion In Schools Advance In Texas Legislature

On Wednesday, the Texas Senate passed, and sent to the governor for his signature, HB 1287 which authorizes high schools to offer elective courses on the impact on history and literature of the Old and New Testaments. Texas Observer Blog says: "Despite Christian right efforts, the Senate did not remove the safeguards added to the bill by the House Public Education committee, such as teacher training, a textbook other than the Bible, and attorney general-approved curriculum standards." (See prior related posting.)

Meanwhile, the Texas Senate on Thursday also passed, and sent back to the House for final approval, HB3678, aimed at protecting voluntary student expression of religious viewpoints in public schools. (See prior related posting.) The Associated Press reports:

Under the legislation, religious beliefs expressed in homework, artwork and other assignments would be judged by traditional academic standards. Students couldn't be penalized or rewarded because of the religious content of their work.

The measure had sparked vigorous debate in the House, where the bill was amended to say that the religious expression could not discriminate against someone else’s race, age, sexual preference or religious belief.

UPDATE: The Dallas Morning News reported on Sunday that when HB 3678 was passed by the Texas Senate, it took out the non-discrimination provision that had been added by the House, and that the House on Saturday, by a vote of 108-28, approved the Senate version.

Court Limits Disclosure of FLDS Leader's Papers

The Associated Press reports that in Salt Lake City, Utah yesterday, a federal judge rejected arguments by Warren Jeffs, former head of the polygamous FLDS Church, that his papers, seized by prosecutors, should be kept secret because they contain private communications and recorded religious revelations. Jeffs had argued that disclosing them violated his free exercise rights as well as his rights under the Religious Freedom Restoration Act. However the judge ordered prosecutors to return the papers to Jeffs by July 2, and not to share them with anyone, including attorneys for the trust that now holds FLDS property and which is suing Jeffs.

Schools Reject Religious Groups In Seeking Church-State Balance

Two different stories this week demonstrate the continued tension that public schools find in seeking an appropriate balance on church-state matters. A Farmington, Michigan high school student has filed suit challenging school officials' refusal to permit ALIVE, a Christian Bible group, to be recognized as an official student organization. Assistant Superintendent Catherine Cost, said that school rules preclude recognition because the Bible group does not have a secular purpose and is too religious to be officially recognized. Officials were willing to let the group meet in an empty classroom, without formal recognition; however this would mean that the group would not get other benefits available to recognized organizations. Representing the student, the Thomas More Law Center argues that the federal Equal Access Act requires that ALIVE be recognized on the same basis as other non-curricular groups. Today's Philadelphia Evening Bulletin reports on the case.

Meanwhile yesterday's Houston Chronicle reports that a Christian motivational group, Power Team, finds that some public schools are cancelling its scheduled performances because of the group's evangelical ties. Power Team representatives say they do not mention religion in their public school performances. Their shows emphasize the importance of valuing life and dressing appropriately, as the group preaches against drugs and suicide.

North Carolina Court Rules Quran OK For Swearing-In Witnesses, Jurors

In North Carolina today, a Wake County Superior Court judge held that witnesses and jurors may be sworn in on the text "most sacred and obligatory upon their conscience." The case was filed by the ACLU after two judges in Guilford County said that state law prohibited taking the oath on the Quran. (See prior postings 1, 2, 3.) In today's opinion, the judge cited common law and state Supreme Court precedent. The Associated Press says that the judge did not find the state statute unconstitutional that provides for the use of the "Holy Scriptures" as one way to take an oath. Nor did he hold that the term "Holy Scriptures" includes the Quran.

UPDATE: Here is the full opinion in ACLU of North Carolina v. State of North Carolina, (Super. Ct Wake Co NC, May 24, 2007). The court relied extensively on an 1856 North Carolina Supreme Court case as well as language in the state's Rules of Evidence.

Christian Protester May Not Demonstrate On Handicap Access Ramp

After holding earlier this month that plaintiff’s case was a thin one, a Pennsylvania federal district court has now refused to grant a preliminary injunction to a Christian pro-life advocate who claimed that his free speech, freedom of assembly and free exercise rights were violated when a police officer threatened to arrest him if he insisted on protesting on the handicap access ramp that led into a Planned Parenthood clinic. In McTernan v. City of York, 2007 U.S. Dist. LEXIS 36907 (MD PA, May 21, 2007), the court held that the handicap access ramp is not a public forum. Instead, like the Post Office sidewalk at issue in the Supreme Court case of United States v. Kokinda, it is a non-public forum, and the police order was reasonable since demonstrators would have impeded the required accessibility the ramp was to offer.

Vatican-Israel Talks On Church Property, Status Resume

The Los Angeles Times reports that on Monday, Israel and the Vatican resumed long-stalled negotiations over church property, taxes and the status of the Church in Israel. The meeting of the Israel-Holy See Bilateral Commission took place in Rome. (See prior related postings 1, 2.) Both sides said that the meetings were cordial and important progress was made; however significant disagreements remain to be worked out in future talks. The parties agreed to meet again in Jerusalem before the end of the year.

Southern Illinois University Settles Suit With Christian Legal Society

The Associated Press reported yesterday that Southern Illinois University has agreed to settle a lawsuit against it by again recognizing the Christian Legal Society as an official student group. In 2005, the University revoked CLS’s status as a recognized student group because it violated the University’s non-discrimination policy. CLS requires that its members agree to follow a statement of Christian faith. This results in exclusion from voting membership of non-Christians and of active gays and lesbians. Last year, the U.S. 7th Circuit Court of Appeals granted a preliminary injunction restoring CLS’s recognition pending the outcome of an appeal before the court. (See prior posting). As part of the settlement announced this week (full text), the University will create a $10,000 scholarship that will be administered by CLS.

Religious Groups Testify On Immigration Reform Proposals

On Tuesday, the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, in hearings on comprehensive immigration reform, heard testimony from a panel of eight representatives of various religious and faith-based organizations. They expressed varied views on legislative proposals currently before Congress. The full text of the statements of each of the witnesses is available at the Judiciary Committee’s website.

Reporting on the hearings, the Gospel Herald says that evangelical leaders were particularly concerned that proposed revisions restrict family reunification by lowering the number of visas for various family members of US citizens and legal residents.

Louisiana School Board Invocation Case Heard By En Banc 5th Circuit

Today, the U.S. 5th Circuit Court of Appeals, sitting en banc, heard arguments in Doe v. Tangipahoa Parish School Board. All 15 judges are reviewing a split decision of a 3-judge panel on the proper test to be used in deciding whether school board meetings can be opened with sectarian prayers. (See prior posting.) The AP reported the courtroom was so full today that part of a group of home school students who hoped to watch had to remain in the hall outside. Much of the argument focused on whether plaintiffs had actually attended the Tangipahoa Parish Louisiana school board meetings, and whether it mattered if they did not. Alliance Defense Fund attorney Mike Johnson, representing the school board, was stumped by one question asked by Judge E. Grady Jolly: "How many non-Christian churches are there in Tangipahoa?"

New Zealand Bishops In Court Challenging "South Park" Episode

Today's Dominion Post reports that the New Zealand Catholic Bishops Conference has filed an appeal in the High Court at Wellington seeking reversal of a June 2006 decision (full text) by the New Zealand Broadcasting Standards Authority. The Authority rejected a challenge to CanWest TVWorks' televising last year of an offensive episode of the adult cartoon show, South Park. The show, mainly about an alcoholic's struggle to stay sober, contained one scene-- the so-called "Bloody Mary" episode-- showing the Pope being squirted with menstrual blood from a statue of the Virgin Mary.

Arizona Religious Land Use Case Settled

A settlement has been reached in a lawsuit in which SonRise Community Church was challenging the denial to it by Scottsdale Arizona's City Council of a permit to build a religious school next to its existing church. The compromise limits enrollment in the school to 200 and splits the proposed large building into two smaller ones. Reporting on the settlement, today's East Valley Tribune says that Council approved the new arrangements by a vote of 5-2. (See prior related posting.)

Punjab Sikhs Strike In Protest Against Insult to Historic Guru

In the Indian state of Punjab-- the only Indian state whose population is majority Sikh-- schools and businesses are shut down as thousands of Sikhs protest actions of the leader of the Dera Sacha Sauda organization who posed for newspaper ads dressed as a revered 17th century Sikh guru, Gobind Singh. Voice of America today reports that Punjab's political leadership has joined Sikh religious leaders in calling for an apology from Gurmeet Ram Rahim Singh. Asia News says that yesterday the DSS asked India's President A P J Abdul Kalam and Prime Minister Manmohan Singh to mediate the dispute, while thousands of soldiers and police have been deployed to protect DSS campuses from violence by outraged Sikhs.

Expert on Museums Reviews the New "Creation Museum"

Last week's Chronicle of Higher Education carries a fascinating look at the new $27 million Creation Museum in Petersburg, Kentucky. The museum's theme is the literal truth of the Biblical Genesis narrative. (See prior posting.) The Chronicle article titled Dinosaurs on the Ark? is written by Stephen T. Asma, a professor of philosophy at Columbia College Chicago. Asma visited the museum and interviewed its director Ken A. Ham. Prof. Asma writes that Ham did not miss a beat in answering his surreal question about what dinosaurs on Noah's ark ate. Prof. Asma, who has written an Oxford University Press book on the culture and evolution of natural history museums, says that his sense of humor about the new museum fades when he thinks of the young children who will visit it without the tools for critically assessing its displays. The full article is well worth the time to read.

Report To India's PM Says "Scheduled Caste" Should Be Delinked From Religion

In India, the National Commission for Linguistic and Religious Minorities yesterday submitted a report to Prime Minister Minister Manmohan Singh suggesting that India's Constitution (Scheduled Castes) Order 1950 be amended to delink "scheduled caste" status from religious affiliation. Today's Times of India says the report concludes that caste is totally a social concept in India. Currently, only Hindus, Buddhists and Sikhs may claim the benefits of scheduled caste status. The Commission has also recommended that a change in religion should not adversely affect the scheduled caste status of a person.

Trial Begins On Property Rights of Break-Away Virginia Episcopal Churches

In Fairfax County, Virginia today, the trial opens in the suit by the Episcopal Church and its Diocese of Virginia against eleven break-away churches now governed by the Anglican District of Virginia. (See prior posting.) The main issue is ownership of church property. A secondary issue is the right of members who remain loyal to the Episcopal Church to hold their own separate services on church property. Yesterday's Washington Times reports that the case involves two dozen lawyers. Originally an agreement had been worked out under which the Episcopal Church would appoint a property commission to decide how much each church would need to pay to break off and retain its property. However, in January, apparently ignoring these negotiations, the Diocese filed suit against the 11 churches.